CONTRACTS. Commercial Contracts. Copyright and Trademark Licenses. Employment and Independent Contractor Agreements. Real Estate Related Contracts. Other Business Related Transactions. Deal-crafting and deal-analysis are both an art and a science. In doing these, I am guided by three golden rules: (1) try to see and foresee what others may not, (2) listen carefully both for what is being said and what is not being said, and (3) it’s not just what you write but how you write it.
INTELLECTUAL PROPERTY. Trademarks. Copyrights. Goodwill. Trade Secrets. While these words are simple, the nuances of their scope and application are not. If you have drafting, licensing or litigation needs in these areas, or if you simply need advice about how these legal concepts might impact on your business, I can help.
BUSINESS ORGANIZATIONS. If you think that “marital divorce” is bad, welcome to the world of “business divorce” — where friends can become enemies and partners can become pariahs. It doesn’t necessarily have to be that way. Good fences make good neighbors, and drafting a situation-specific partnership, LLC or shareholder agreement before intra-company tensions arise is far more productive and cost-effective than the potential consequences of not doing so.
LITIGATION. Do you like litigation? If you answered “yes”, think again. A good and experienced litigator will tell you that litigation is never a good first choice for problem-solving. Unfortunately, you don’t always have another choice. You don’t choose to be a defendant. Or an unreasonable and uncompromising business adversary may leave you no meaningful choice but to sue. If this happens, I can help — in counseling how to avoid litigation if possible, in arranging a suitable settlement if possible, or, if litigation must be had, then in prosecuting or defending your cause with the tenacity that you deserve. Whether the matter involves a commercial dispute, intellectual property issues, real estate, or other business related dealings, you can reach out to me for assistance.
APPEALS. You’re angry and upset. You believe that the trial or motion judge made a mistake, or that your lawyer didn’t explain your position properly, or that the other side’s lawyer was better. As a businessperson, you are smart enough to know that griping accomplishes nothing. You lost, and, unless you win on appeal, your case or motion will stay lost. I can’t guarantee that you will win on appeal. No one can. But, as someone who does civil appellate work (including at the behest of other lawyers who have needed appellate assistance), I will do my utmost to try to have you prevail.
ARBITRATION/MEDIATION. Mandatory arbitration and/or mediation clauses are frequent components of business agreements. Even when they are not, a court will sometimes require litigants to engage in such “alternative dispute resolution” methods before allowing the judicial case to proceed. My decades of experience have included not only court litigation, but also mediation and arbitration. If you are in a situation that may involve mediation, arbitration or another type of alternative dispute resolution (such as conciliation or fashioning a settlement), I can help.
BANKRUPTCY PROCEEDINGS. The unthinkable happened: your vendor, your customer, your contracting counterpart, or someone with whom you are engaged in litigation has gone bankrupt. Will your ensuing business situation be better, or will it be worse? Is there a potential clawback proceeding in your future? Don’t just sit there wondering and worrying. My experience includes litigation in bankruptcy court. I can give advice and assistance.
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