David May Beat Goliath, but Probably Not Oscar. Quarterly Insights, Vol III:
and General Counsel
Services for your
growth & protection
“Go as far as you can see; when you get there, you'll be able to see farther.”
~ J.P. Morgan
Every year the pundits make forecasts and the gods laugh. Occasionally there’s a prescient glimpse into the future, but mostly the prognostications turn into goo as events shapeshift the year into something never expected...
A CONTEMPORARY BUSINESS LAWYER,
FIXER, AND CONFIDANTE
Structures and Planning to Ignite Growth
Sayings become cliches because they contain elements of truth. Thus, it is lonely at the top. Customers can’t know of the struggles endured by the business. Employees feel more secure without knowing the messy details of conflicts in the executive team. Competitors watch and lawsuits lurk in the shadows.
Contract Strategy and Review
Better Terms Make Better Business
Contract review is at the heart of Joe’s practice. Throughout his practice he has seen agreements presented as fait accompli -- but that is almost never so. Certainly, not every term can be negotiated, but Joe has a keen eye for identifying legal issues and protecting clients from onerous terms.
As Joe is fond of saying, the very best protection is to do business with the right people. The costs of enforcing a contract are always higher than a business partner who fulfills their duties in good faith. Nevertheless, any business with a body of thoughtful and strategic contracts is in a measurably better position than its competitors.
Dispute Resolution and Strategy
Prevail Over Disputes and Carry On
Winston Churchill famously said that democracy was the worst form of government, but the best that we know. Joe’s view on litigation is similar: sometimes it’s necessary and often it’s dark, but it’s better than vigilante justice.
Since 2009 dozens of clients have come to Joe with civil disputes of all varieties. Sometimes these have ended in trial, in arbitration or in appellate court, but just as often the dispute is resolved when the parties find a way to settle their differences.
Trademarks, Copyrights and Licensing
The Modern Alchemy to Keep an Edge
Sometimes it seems that art has only ethereal value. But now Joe often questions whether art is the only thing of real value and all other things are merely commodities? Would you rather own the name Tide or produce a laundry detergent superior to it?
To paraphrase from Gone with the Wind: It’s the Brand, Scarlett. The Brand is the only thing in the world worth working for, worth fighting for, worth dying for because it’s the only thing that lasts.
Data and Privacy Law
Advice for the Guardians Themselves
Since the groundbreaking launch of the EU General Data Protection Regulation (the “GDPR”) in 2018, jurisdictions everywhere have sought to place limitations on how businesses process personal data. The laws vary by jurisdiction but for the largest part tend to give consumers (i.e. data subjects) more control over how businesses store and process their data.
Many of Joe’s clients have worked with him for nearly a decade or longer. If you need counsel, set up a call to see if it’s the right fit.
Articles & Musings
"I feel that luck is preparation meeting opportunity"
- Oprah Winfrey