Business, M&A & Outside General Counsel
Entity formation, operating agreements, governance, commercial contracts, mergers and acquisitions, employee handbooks, consulting agreements, and recurring counsel for owners and executives.
AboutHank Fasthoff.
Hank Fasthoff.
The attorney you hire is
the attorney you get.
Twenty-nine years across courtrooms and closing tables, with one person preparing the work, arguing it, and answering for the outcome.
Counsel for Business Problems That Don't Fit One Box
Hank Fasthoff has spent 29+ years building an approach that crosses the lines most lawyers draw between specialties. He handles business law, intellectual property, sweepstakes, mergers and acquisitions, commercial real estate, defamation matters, Internet and eCommerce, construction law, and commercial litigation. He also serves as outside general counsel for businesses and high net worth individuals across multiple industries.
He built this approach because real business problems don't sort themselves into neat categories. For example, a startup launching an app-based sweepstakes may need entity formation, platform terms, privacy policies, official rules, and trademark protection before it goes live. Or, a construction company chasing unpaid invoices may need lien perfection, bond claims, and litigation strategy from counsel who understands the full picture.
His approach connects formation, contracts, IP, Internet compliance, construction risk, real estate issues, and litigation strategy instead of treating each issue as a separate file.
On the transactional side, he drafts all manner of corporate documents, commercial agreements, software and eCommerce agreements, IP licenses, employment-related agreements, sweepstakes rules and commercial real estate documents, among many others.
On the dispute side, he handles commercial litigation, business torts, domain disputes, copyright and trademark matters, collections, and post-judgment recovery, so clients can move from risk assessment to enforcement with one counsel who already knows the business context.
Integrated Counsel Across Core Areas
Commercial Real Estate
Commercial real estate contracts, lease review, acquisition support, diligence coordination, operating issues, and disputes tied to real estate assets and business operations.
IP, Internet & Software
Trademark availability analysis and prosecution, copyright registration, software agreements, SaaS licenses, website development agreements, privacy policies, terms of service, and domain disputes.
Sweepstakes & Contests
Official rules, state registration requirements, chance-versus-skill analysis, platform disclosures, promotion structures, and FTC advertising review for brands and online operators.
Construction Contracts, Liens & Bond Claims
Construction contracts, statutory lien notices, mechanic's and materialman's liens, bond claims, retainage disputes, lien enforcement, and surety bond litigation.
Commercial Litigation, Collections & Defamation
Contract disputes, business torts, noncompete and non-solicitation agreements, commercial collections, post-judgment collections, real estate disputes, defamation matters, and IP litigation.
Litigation, IP, and Courtroom Experience
Hank has extensive experience litigating copyright, trademark, trade secret, and rights of publicity cases. He has recovered hundreds of infringing domain names on behalf of Fortune 500 companies, celebrities, professional athletes, and other trademark owners.
In entertainment matters, his clients have included A-list celebrities, Grammy and ASCAP Award-winning recording artists, songwriters, producers, major and independent record labels, music publishers, management companies, and advertising agencies.
Hank won summary judgment dismissing a copyright infringement lawsuit brought against Beyonce and the co-writers of “Baby Boy.” The court found that the Grammy Award-winning song did not infringe the plaintiff's copyright, and the decision was affirmed on appeal.
He also won dismissal for a music publisher client in a Tennessee copyright infringement case involving allegations of music sampling. The Sixth Circuit Court of Appeals upheld the trial court's decision and adopted the stream of commerce plus test for personal jurisdiction.
In his second year as an attorney, Hank obtained a precedent-setting ruling for an Internet service provider client against Southwestern Bell Telephone Co., Inc., now AT&T, in a Texas Public Utility Commission case of first impression.
He is licensed in Texas, New York, and Tennessee, admitted to the U.S. Supreme Court and numerous federal trial and appellate courts, AV-rated by Martindale-Hubbell, ranked by Super Lawyers and Best Lawyers since 2013, and has litigated more than 600 cases over the course of his career.
Representative Matters
- Art Rights
Forced the entry of a consent decree, judgment, and permanent injunction in a Visual Artists Rights Act case involving cast glass sculptures.
- Copyright Licensing Appeal
Represented a church in a published Ninth Circuit copyright appeal involving ownership, licensing, and termination rights, obtaining reversal on license termination and remand for post-termination infringement issues.
- Energy Litigation
Obtained a confidential settlement for a small publicly traded exploration and production company against one of the world's largest oilfield services companies.
- Trademark Enforcement
Obtained a permanent injunction for an aviation industry client in a Lanham Act case involving trademarks, trade dress, and trade secrets.
- TCPA Appeal
Represented a client in a Texas TCPA appeal that affirmed dismissal of a contractor's claims arising from online consumer comments.
- Music Litigation
Obtained dismissal of a music publisher client in a Tennessee copyright infringement case involving music sampling, with the Sixth Circuit adopting the stream of commerce plus test for personal jurisdiction.
- Church Copyright Dispute
Represented a church and its pastors in a Fifth Circuit copyright dispute involving Rule 41 and Rule 60 procedural issues after serial voluntary dismissals, with the underlying matter later resolved on favorable confidential terms.
- Internet Trademarks
Represented an independent record label in a dispute over registered and unregistered trademarks used in website keyword meta tags.
- Architectural Copyright
Represented architects, builders, and home buyers in matters involving copyright protection for architectural plans and architectural works.
- Domain Disputes
Represented the world's largest independent oil refinery and other trademark owners in successful cybersquatting claims before the World Intellectual Property Organization.
- TTAB Cancellation
Represented an alcoholic beverage client in MetaBev LLC v. VSWC LLC, a TTAB cancellation proceeding challenging the META WINE registration.
- Entertainment Defense
Resolved a $15 million lawsuit against a music industry client within weeks of filing, with the client paying nothing and receiving a release of all claims.
- Software Copyright
Resolved copyright infringement allegations involving software source code by demonstrating that the subject code was not protectable and was in the public domain.
- Domain Recovery
Secured the transfer of hundreds of infringing domain names for celebrities, professional athletes, athletics coaches, Fortune 500 companies, small businesses, and other trademark owners.
- Copyright Litigation
Won summary judgment for a recording artist client, the client's record label, publisher, and co-writers of the Grammy Award-winning song “Baby Boy,” with the decision affirmed on appeal.
Selected Reported Cases
- Aquarian Foundation, Inc. v. Lowndes, No. 22-35704 (9th Cir. Feb. 3, 2025)
- MetaBev LLC v. VSWC LLC, Cancellation No. 92083154 (T.T.A.B. Dec. 12, 2024) (META WINE, Reg. No. 5,617,930)
- Gulf Coast Pros, LLC v. Sweeney, No. 09-23-00320-CV (Tex. App.-Beaumont June 20, 2024, no pet.) (mem. op.)
- KWCO, PC v. MedBridge Dev. Co., No. 7:17-CV-116 (W.D. Tex. 2018)
- Horizon Mktg. Int'l, Ltd. v. Naras, No. 4:17-CV-03749 (S.D. Tex. 2017)
- Dynamic Sports Nutrition, LLC v. CrazyMass, LLC, No. 4:15-CV-01681 (S.D. Tex. 2015)
- Yesh Music v. Lakewood Church, 727 F.3d 356, 107 U.S.P.Q.2d 1954 (5th Cir. 2013)
- Hilco Trading, LLC v. Melendez-Cotto, No. 4:12-CV-00382 (S.D. Tex. 2012)
- Life Ins. Co. of N. Am. v. Henry, No. 4:10-CV-02966 (S.D. Tex. 2012)
- Covington v. Aban Offshore Ltd., 650 F.3d 556 (5th Cir. 2011)
- Pendergest-Holt v. Certain Underwriters at Lloyd's of London, 751 F. Supp. 2d 876 (S.D. Tex. 2010)
- Pendergest-Holt v. Certain Underwriters at Lloyd's of London, 600 F.3d 562 (5th Cir. 2010)
Presentations and Seminars
- Intellectual Property Protection for Architectural Works & Other Designs, 2011 University of Texas Construction Law Seminar, September 2011
- Litigation Updates, 19th Annual Cutting Edge Music Business Conference Entertainment Law Seminar, September 2011
- The Role of Outside General Counsel for Music World Entertainment, A Conversation with Mathew Knowles and Hank Fasthoff, State Bar of Texas Annual Meeting, June 2008
- Anatomy of a Copyright Infringement Case, State Bar of Texas 16th Annual Entertainment Law Institute, Legal & Business Aspects of Music, Film and Digital Entertainment, October 2006
- Construction Liens, Mechanic's Liens, and Bonds, A Guide for Lenders and Developers, The University of Texas School of Law 39th Annual William W. Gibson, Jr. Mortgage Lending Institute, October 2005
- The Business of Film, Rice University Media Center, copyright law lecture on Pirates, Copiers & Plagiarists, February 2005
- Construction Litigation, Breach of Contract, Implied Warranty, and Negligence Claims, Construction Defects and Insurance Coverage in Texas Seminar, Lorman Education Services, May 2004
- Former radio talk show personality and part time co-host of the Houston Business Show on Business Radio 650 AM in Houston
Founder and Operator Experience
Hank has also built, owned, and operated businesses outside law. That experience informs his counsel to owners, founders, operators, software companies, online publishers, hospitality groups, nonprofits, and other clients dealing with practical business risk.
ReplyClerk.com
Review reply management software for local businesses with Google Business Profile workflows and approval controls for sensitive reviews.
BaseballHistory.org
A digital baseball history publication with articles, player and era profiles, daily historical spotlights, search, and newsletter features.
TermsBuilder.com
Attorney-built document software for online businesses that need Terms & Conditions, Privacy Policies, Cookie Policies, and legal-update workflows.
Batanga
A Latin American tapas and drinks restaurant in downtown Houston.
The Big Casino
A kitchen and bar concept that added firsthand restaurant and hospitality operating experience.
86 Cancer
A nonprofit founded to help people in the hospitality industry fighting cancer.
Community and Other Work
In 2004, Hank received the Karen Susman Outstanding Volunteer of the Year award from Texas Accountants & Lawyers for the Arts, a nonprofit organization that provides legal and accounting services to artists, entertainers, and arts nonprofits throughout Texas.
Hank was also an Executive Consultant for The Story of Darrell Royal, a documentary about the life of the University of Texas legendary head coach.
Ready to make the right legal move?
Share the issue. Get direct attorney review. Receive a concrete recommendation.
Submit an Inquiry