John T. Floyd Law Firm
Board Certified Houston Criminal Lawyer
“Stand-Up Trial Lawyers”
Experienced and Successful Trial Lawyers
Complex Business Litigation and Personal Injury
Federal and State Courts in Houston and Nationwide
Phone # (713) 224-0101
Toll Free 1-866-374-1327
E-mail jfloyd@JohnTFloyd.com
John Floyd - BOARD CERTIFIED - Criminal Law
Top Lawyers - 2008, 2009, 2010 HTexas
Houston Business Trial Lawyers
Stand-Up Trial Lawyers, Serious Complex Commercial and Business Litigation
The trial lawyers of the John T. Floyd Law Firm take pride in representing small business owners as well as large corporations, and we deliver creative and cost-effective solutions to individuals and companies involved in high-stakes business disputes. We always strive to achieve the best results in the toughest cases involving:
Civil Law Comments
February 26, 2011
Signal Piracy
Civil and Criminal Litigation for Theft of Cable Programs on the Rise
The United States Department of Justice uses the term “signal piracy” to classify violations of Title 47 of the United States Code sections 553 and 605. These statutes are also known as the Communications Act of 1934. Section 553 is captioned “Unauthorized Reception of Cable Service,” and section 605 is captioned “Unauthorized Publication or Use of Communications.”
However one chooses to characterize it, one thing is certain: allegations of violating these statutes need to be taken seriously. Failing to do so can result in hefty civil judgments or even time in a federal prison.
Generally speaking, it is a violation of section 553 for a person to intercept content offered over a cable system unless given the authority to do so by a cable operator. It is also a violation for a person to manufacture or distribute equipment that is intended for the unauthorized reception of communications services offered over a cable system. It is important to note that the terminology “cable service” and “cable system” includes satellite and FiOS programming, not simply “cable.”
Criminal
A first violation of section 553 can yield a criminal fine of up to $1,000.00, imprisonment for up to six months, or both. If the violation is done willfully and for commercial advantage or private financial gain, the penalty can include criminal fines of up to $50,000.00, imprisonment for up to two years, or both. Subsequent willful violations can yield criminal fines of up to $100,000.00, imprisonment for up to five years, or both.
Civil
Though criminal prosecutions for violating section 553 are common, they are far outnumbered by civil litigation brought by content providers such as J & J Sports Productions, Kingvision Pay-Per-View, DirecTV, and others, which routinely bring suit against business owners for unauthorized broadcasts of pay-per-view events and other programming. This is because section 553 permits civil litigation by any aggrieved party to be brought in a United States district court. The district court, in turn, is granted the authority to grant injunctions to prevent violations, award damages, and direct the recovery of full costs, including attorneys’ fees to a prevailing aggrieved party.
Antitrust Violations
Breach of Confidentiality Agreements
Breach of Contract
Breach of Fiduciary Duty
Breach of Restrictive Covenants and Covenants Not to Compete
Civil Fraud and Theft
Commodities Futures Fraud
Copyright Infringement
Export Control Violations
Insider Trading
Investment Adviser Fraud
Relief Defendants
Securities Fraud
Theft of Trade Secrets
Tortious Interference
Trademark Infringement
The trial lawyers of the John T. Floyd Law Firm are unique in the legal world. Unlike many other attorneys who may have toiled in relative obscurity at one of the “big firms,” we handled complex trial work from the very beginning of our legal careers. That depth of experience allows us to effectively and efficiently analyze complex business disputes and address the many legal questions that arise.
Because of our experience, the the John T. Floyd Law Firm legal team has earned the trust and respect of the corporate world, representing individuals and businesses who normally would hire one of the "big firms," but desire the attention and cost savings of a boutique legal team. We have found that these clients come to us because they want, and need, representation by attorneys who intimately understand juries and courtroom dynamics.
With more than 50 years of combined trial experience, the skill and instinct of the trail lawyers at the John T. Floyd Law Firm pays great dividends in the arena of business litigation, especially when a contested business issue requires a judge and jury to decide the outcome. The clients of the John T. Floyd Law Firm know they have a winning team who will handle their case with confidence and tenacity throughout the entire process. Our clients also know that their cases won’t be lost in a maze of bureaucratic pinball; each trial lawyer at the John T. Floyd Law Firm has a deep and thorough knowledge of his cases, and our clients' files are never punted down the hall to junior attorneys. Instead, each of our attorneys focuses on the key issues of each case in order to give our clients the best chance of winning. We don't believe in engaging in unnecessary discovery that is expensive, time consuming and, in our experience, seldom contributes to winning our clients' cases. We prefer to practice "mean and lean," preparing our cases through investigation and hard work that doesn't unnecessarily educate the other side. We work hard, but we also work "smart".
Business disputes are rarely pretty. Whether the dispute involves warring ex-partners of a large company, or a customer that has breached a contract, it creates a distraction that takes the company away from its purpose: doing business. At some point, the disputes reaches a critical stage and civil litigation becomes necessary. The only remaining question: do you hire a litigator or a trial lawyer?
The difference between a litigator and a trial lawyer is subtle yet vitally important. Litigators prepare cases to avoid trial and trial lawyers prepare cases to go to trial. The trial lawyers of the John T. Floyd Law Firm are successful trial lawyers because we excel at what we do: we thoroughly investigate each claim made by our clients and our opponents, we conduct intensive and tailored discovery, and we develop persuasive communication strategies throughout the pretrial process to have the most effect in front of juries. However, we don’t go to trial unnecessarily and believe our track record of successful outcomes for our clients at trial often translates into quick and decisive victories for our clients pre-trail without the expense and prep time often needed for a full blown litigation.
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