Richard W. Hess

I litigate all types of civil cases in state and federal courts across the country. My practice is evenly split between representing plaintiffs and defendants.

I handle cases before numerous federal and state courts and have argued all types of hearings, including motions to dismiss, discovery disputes, Daubert hearings, and temporary restraining orders. I have also successfully petitioned the Texas Supreme Court, obtaining extraordinary relief for a client and stopping runaway litigation in a jurisdiction considered by some to be a "judicial hellhole." The magazines Texas Monthly and Texas Law & Politics named me a Texas "Rising Star" in each year that I have been eligible.

Since joining the firm, I have worked on cases involving embezzlement, defamation, breach of contract, and computer fraud, as well as a variety of business torts, partnership disputes, patent litigation, and stock option disputes.

Emory University (B.A., History and Political Science, 1995)
The University of Chicago Law School (J.D., with honors, 2004)

Law Clerk to The Honorable Lee H. Rosenthal, United States District Court for the Southern District of Texas (2004-05)

• Phi Beta Kappa
• Member, The University of Chicago Law Review, 2002-2004
• Thomas R. Mulroy Award for Excellence in Appellate Advocacy (2004)
• Finalist, Hinton Moot Court Competition (2004)
• Winner, Karl Llewellyn Memorial Cup
• Named, Texas Super Lawyers' Rising Star by Law & Politics, as published in Texas Monthly Magazine (2007, 2008, 2009)

Note: No Fair Play for Millionaires? McCain-Feingold's Wealthy Candidate Restrictions and the First Amendment, 70 U. Chi. L. Rev. 1067 (2003).

State Bar of Texas
Houston Bar Association
United States Court of Appeals for the Second Judicial Circuit

TMIRS Enterprises, Ltd. v. GoDaddy.com, Inc. et al.
I was lead attorney for The Planet.com, the world's leading internet server hosting provider, in a lawsuit alleging defamation, conspiracy, business disparagement, and trade name infringement. After removing the case to federal court, we obtained a dismissal with prejudice for The Planet without filing a motion and before plaintiff obtained any discovery.

FLOORgraphics, Inc. v. News America Marketing
With Jim Southwick and co-counsel at Boies, Schiller & Flexner, I represented an in-store advertising company in a lawsuit against its principal competitor, News America Marketing, a division of Rupert Murdoch's News Corp. Susman Godfrey took over the case in 2005 after News successfully disqualified FLOORgraphics' previous counsel. FLOORgraphics then amended its complaint to assert violations of the federal Computer Fraud & Abuse Act, the Lanham Act, and claims for business disparagement/trade libel, theft of trade secrets, and other common-law business torts. FLOORgraphics defeated News' motion to dismiss, defeated News' multiple motions for summary judgment, and defeated News' attempt to strike FLOORgraphics' experts on damages, computer forensics, and in-store advertising audit methodology. Following one week of trial in federal court in Trenton, NJ and after FLOORgraphics had presented its first three witnesses, the parties settled the dispute for a confidential amount. I encourage you to contact George Rebh, Vice President of FLOORgraphics, Inc., as a reference (609-514-0404), or call me for other references.

Virgie Arthur v. TMZ Productions, Inc.
With Harry Susman, I represented entertainment news giant TMZ.com and its executive producer Harvey Levin in defense of a defamation and conspiracy lawsuit brought by the mother of deceased Hollywood celebrity Anna Nicole Smith. TMZ and Levin moved for summary judgment on the grounds that the challenged news story was substantially true. The court granted the motion in its entirety before our clients were deposed.

Sim-Tex LP v. Angela Petters et al.
Along with Jonathan Ross, I represent a leading Texas pipe wholesaler in civil litigation against its former employee, who embezzled over $2 million over several years. On the morning of her arrest, I successfully argued and obtained a TRO against the employee and her current and former spouse. Susman Godfrey recovered a substantial percentage of the stolen assets for its client. The former employee was sentenced to several years in jail. I encourage you to contact Chuck Scianna, President of Sim-Tex, as a reference (713-450-3940), or call me for other references.

Spreadsheet Automation Corp. v. Microsoft Corp.
Along with Steve and Harry Susman, I represented Spreadsheet Automation Corp., the owner of a patent for simplifying spreadsheet and database functions. The team efficiently worked the case, and I handled all of the depositions and assisted with the Markman briefing and argument. After a favorable claims construction, this case settled on the eve of trial for a confidential sum.