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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.
Joe’s view is simple. He succeeds when clients succeed. Over time he tends to become the go to advisor for his clients who are battling it out at the top.
He will discuss objectives with a client and if he has the experience and fluency to solve it, then he will engage to do so and if not, he will assist in finding the right lawyer.
He’s provided advice about opening or acquiring businesses, the establishment of entities, negotiations of operating agreements and the establishment of non-profit entities. Additionally, he’s drafted the standard routine commercial agreements for dozens of clients and structured partnership, option or equity stakes for the acquisition of key talent. He has represented and provided counsel to clients in equity or debt financings for the expansion of the business.
If you are working to build your business, then schedule a call with Joe to tackle your immediate challenges.
CONTRACT STRATEGY & REVIEW
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.
It's impossible to compile a complete list of all of the types of agreements that Joe has reviewed. But some of the examples include: Leases, Marketing Agreements, Purchase Agreements, RTB Programmatic Advertising Agreements, Advertiser Service Agreements, Data Processing Agreements, Operating Agreements, Promissory Notes, Stock Purchase Agreements, Asset Purchase Agreements, Security Agreements, Loan Agreements, Production Agreements, Settlement Agreements, Development Agreements, Master Supply Agreements, Franchise Agreements, Option Agreements, Dealership Agreements, Fleet Lease Agreements and Consignment Agreements.
TRADEMARKS, COPYRIGHTS AND LICENSING
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.
Prudent business owners everywhere focus on building their brand and Joe is here to help. Over the years he has strategized with clients regarding potential brand and product names, filed roughly a hundred marks with the USPTO, negotiated with USPTO Examiners on the parameters of proposed marks, responded to office actions, litigated in the Trademark Trial and Appeal Board, filed copyrights with the U.S. Copyright Office, sent cease and desist letters including many pursuant to the Digital Millennium Copyright Act, and defended and prosected allegations of trademark infringement.
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.
Here too, a comprehensive list of disputes resolved is impossible. But these include litigations on construction, trademark infringement, trespass, breach of contract, fraud, bankruptcy fraud, busines tort and landlord-tenant issues. He has litigated in Los Angeles Superior Court, Orange County Superior Court, San Diego County Superior Court, Santa Cruz County Superior Court, Santa Clara County Superior Court, the California Courts of Appeal and the American Arbitration Association. Federally, he has litigated in the United States District Court for the Central District of California, the United States District Court for the Southern District of California, the United States Bankruptcy Court for the Central District of California and the United States District Court for the Southern District of New York.
Joe has served as counsel of record in litigations and has managed litigation with other counsel for the client.
DATA PRIVACY LAW
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.
As this field continues to evolve, prudent businesses should review their compliance and analyze their practices. Data breaches, especially in California, might become an expensive liability, particularly when a business has not documented its efforts or adhered to best practices.
Joe has reviewed and drafted privacy policies. He has reviewed, drafted and advised on dozens of data protection addendums both pursuant to the GDRP and the California Consumer Privacy Act. His assistance of digital businesses is a cornerstone of his law practice.