Nearly every business relies on IP and confronts the challenge of protecting and leveraging its IP assets. This challenge can be formidable with the forces of globalization and technology continually altering the shape of IP law and with digital data capable of being created, copied, and transferred with a few keystrokes.
The Firm’s IP practice is recognized for results obtained across a broad range of IP matters involving a variety of technologies, creative works, and distinguishing marks, slogans, and designs. The Firm’s practice covers all aspects of IP support and protection.
The Firm consistently achieves outstanding results for clients in complex, precedent-setting IP disputes and transactions. The Firm regularly helps clients with legal issues related to media, advertising, and marketing. In addition, the Firm provides strategic IP counsel to companies at all stages of growth, assisting clients to acquire, manage, license, develop, prosecute, and defend IP in all forms.
Whether plaintiff or defendant, the Firm understands that clients want an IP litigation firm focused on the best possible outcome for their case and business objectives. When faced with an IP dispute, the stakes can be staggering, and a loss may even put an end to a business.
Such potential risks require a deep knowledge of the law and the technical, creative, and/or business components at issue as well as a seasoned, effective, and strategic litigation approach and a thorough understanding of the client’s operations and goals, carried out in the most cost-efficient manner possible. An archive of experience in the IP area, across a wide spectrum of industries, provides the Firm with the knowledge and tools to handle all types of cases, large or small, complex or straightforward.
The Firm begins with an assessment of the potential risks and rewards of the dispute and provides practical, results-oriented advice and creative solutions. The Firm understands that victory comes though various channels and in different forms and is fully prepared and qualified to litigate through trial and appeal. In addition, the Firm’s experience includes an impressive track record of obtaining clients’ goals before trial.
The Firm is experienced in all aspects of IP disputes, including copyrights, the protection of trade secrets, trademarks, patents, and the unfair competition and related issues that are often involved in IP matters. To each dispute, the Firm brings its impressive legal expertise, and creative and strategic vision and understanding. Clients also call upon the Firm when they have significant business disputes with intellectual property overtones, such as licensing, the transfer or sale of IP rights, and transactions involving technology.
The Firm also works with clients to build, manage, and maintain their IP portfolios on a worldwide basis, and advises clients on how to enforce and obtain value from their IP property without resorting to litigation. In addition, the Firm counsels clients regarding the avoidance of IP disputes and how to respond to and resolve threatened litigation concerning IP claims.
IP Transactions and Licensing
The Firm frequently assists clients with matters related to the acquisition, creation, development, exploitation, integration, use, licensing, marketing, financing, and sale of IP and technology. The Firm works closely with clients on IP matters that come up as part of complex mergers and acquisitions, financings, outsourcing transactions, and technology licensing.
Copyrights are the lynchpin of many businesses. With the growth of the worldwide Internet and some popular views currently shifting against copyright owners, copyright protection has become even more critical. Technological advances also have led to important and ongoing changes in copyright law.
The Firm’s dedicated and seasoned copyright practice includes experience in district courts, the U.S. Copyright Office, and the U.S. Customs Service. The Firm works with clients to evaluate strengths and weaknesses and to develop the most enduring and comprehensive method of protecting their valuable works. The Firm helps clients avoid trial when prudent and aggressively litigates when copyrights are threatened or questioned.
The Firm’s experience is broad, including all types of media, entertainment, literary works, film and video, photographs, audio recordings, music, broadcast, software, Internet, technical and architectural designs, merchandising, and sculptures, including toys. The Firm’s founder, Ms. Jensen, also serves as a chair of a national copyright bar committee and plays an active role in shaping copyright law.
The Firm also assists clients with registering copyrights, performing title searches, expediting copyright applications, and recording documents with the Copyright Office.
Trade secrets and the related technical know-how frequently represent one of the most important IP assets of a company. The rapid growth in technology, international travel, employee mobility, and raiding of top talent make it more and more difficult to safeguard these important assets. Proprietary information and key talent are continually at risk. Trade secrets are sometimes misappropriated, and the acquisition of talent is often followed by a lawsuit from a competitor making claims of trade secret theft. Such misappropriation and/or claims can result in an enormous loss of value to a company unless the company takes immediate and decisive action.
The Firm draws on decades of experience in federal and state courts, and has substantial experience seeking emergency remedies such as ex parte temporary restraining orders and preliminary injunctions to preserve clients’ interests. The Firm has experience successfully litigating numerous cases involving sensitive company data, including technologically advanced and/or creative innovations.
The Firm also possesses the experience to help clients develop trade secret protection programs. The Firm advises clients regarding and prepares non-disclosure and intellectual property ownership agreements for use with independent consultants, vendors, and joint ventures. The Firm works closely with business clients on trade secret and employee mobility matters associated with mergers and acquisitions, financings, outsourcing transactions, and licensing.
Trademarks comprise a critical component of clients’ businesses and are sometimes the most significant IP asset a company owns. Planning and protection may determine the viability and vitality of a company’s brand in the marketplace. The Firm’s comprehensive experience in all aspects of trademark law and branding can help its clients create, manage, maximize, and protect the value of their marks and good will.
When issues arise and important trademark rights are at stake, global clients look to seasoned litigators to solve the problem. The Firm has experience obtaining sizeable judgments, seizures at U.S. Customs and businesses, and numerous emergency remedies to preclude further use of valuable marks and/or obtain important advantages for clients, including injunctions and orders to freeze assets, to repatriate funds transferred oversees, to impound the inventory of businesses, and to perform audits and unannounced inspections abroad and in the U.S.
The Firm has experience obtaining victories, for plaintiffs and defendants, before courts, the U.S. Patent and Trademark Office and the Trademark Trial and Appeal Board (opposition and cancellation proceedings) as well as other tribunals. The Firm has experience with anti-counterfeiting, border seizure procedures, trademark and trade dress infringement and dilution disputes, merchandizing and licensing disputes, unfair competition and advertising disputes, Internet-related issues, including advertising and AdWords, cyber-squatting and domain name issues, including disputes under the Uniform Dispute Resolution Policy of the Internet Corporation for Assigned Names and Numbers.
The Firm’s counseling services frequently begin at a trademark’s inception, with proactive involvement in selection, clearance, registration, and proper use. The Firm assists its clients in developing and implementing branding strategies and the appropriate use of trademarks in advertising and on packaging.
Companies also need to police the use of their marks carefully to avoid infringement of their brands and the possibility their marks will be diluted or become abandoned. The Firm has experience prosecuting trademarks and conducting investigations of clients’ trademark portfolios to police their marks. Where appropriate, the Firm will retain investigators and watch services to monitor third-party trademark applications and usage, and the Firm works with clients in matters related to international protection. The Firm also prepares agreements such as settlement, consent, co-existence, assignment, and license agreements.
Today’s legal and regulatory global environment is one in which litigation can threaten a company’s very existence. The Firm has extensive experience with bet-the-company matters and is recognized for skill in handling critical litigation issues.
The Firm understands litigation as a business strategy and an investment decision for its clients. The Firm believes in advancing its clients’ success by delivering smart, aggressive, and creative representation, including early case assessment, attentive case management, and value-driven practices.
Experienced Litigation Approach
Clients’ ability to reach their goals in litigation, whether favorable settlements, trial wins or mitigation of exposure, are enhanced by counsel known as tough litigators who take cases to trial or to case-dispositive outcomes. The Firm has extensive courtroom experience and is known for prevailing in difficult cases. The Firm provides prompt, responsive, and experienced litigation representation.
The Firm begins each case by listening carefully to the client, followed by straightforward and frank discussions, a study of the strengths and weaknesses of the case, careful analysis of the potential risks and benefits as well as the client’s tolerance for those risks, and timely and judicious discovery. Based upon all of these factors, the Firm develops and implements a strategy and response plan that best suits the client’s needs and business objectives.
The Firm understands that fewer than four percent of district court cases go to trial and works with clients to reach creative, cost-effective, and case-effective outcomes. Thus, while the Firm approaches each case with trial and appeal in mind, as part of its pre-litigation and ongoing investigation, the Firm determines the best strategy to attain an optimal solution and meet the client’s business objectives. As part of this process, the Firm considers alternatives such as mediation, arbitration, early settlement, an alternative business solution, obtaining a preliminary injunction, or a proceeding before another tribunal or agency.
Only those parties that are prepared to aggressively defend their rights through trial can expect the most favorable outcomes. The Firm has the skills, experience, and expertise to take complex cases to trial. The Firm builds the strongest possible case by selecting and preparing witnesses who provide clear, accurate, and credible testimony and by preparing concise and persuasive presentations and arguments, with quality briefs and powerful oral advocacy.
Many issues are decided at the appellate level, and the quality of advocacy matters greatly. The Firm is skilled at preserving issues for appeal and crafting concise, powerful, and persuasive arguments.
Experienced Strategic Business and Investment Decision Approach
Whether filing or defending litigation for clients, the decisions primarily come down to business strategy and investment calls regarding the best use of valuable resources. The Firm builds the client’s case strategy based upon the strengths and weaknesses of the case and the client’s objectives and investment guidelines for the matter. The Firm regularly incorporates best practices from its clients, its own experience, and other resources to achieve efficient and effective use of resources.
Media and Entertainment
Currently in development.
Corporate/Transactional Practice Areas
Business Entity Formation
Selecting and forming the appropriate type of business entity is an important first step in an enterprise’s long-term business plan—and a crucial step in protecting the personal assets of the enterprise’s founders and investors. The Firm assists clients in determining the form of business entity that best suits its goals and business. From corporations and limited liability companies to general and limited partnerships, the Firm prepares all necessary governing documents (such as corporate by-laws, a partnership agreement or a limited liability company operating agreement) and prepares and files all necessary formation documents with appropriate governmental entities.
Commercial Finance and Real Estate Financing Transactions
Understanding the expectations and requirements of all parties to a financing transaction facilitates a practical and efficient deal process and a successful funding of clients’ businesses. The Firm provides experienced, expert representation in a broad range of financing transactions, including asset-based financings, real estate financings, letters of credit, secured and unsecured credit agreements, lines of credit, and other capital markets transactions. From an initial letter of intent, through due diligence, document negotiation, preparation of closing documentation, and funding, the Firm’s expertise ensures a smooth process.
Private Offerings and Private Offering Memorandums
Many, if not most, new and/or growing companies raise needed capital by permitting (or soliciting) outside individuals or entities to purchase equity in the company or to make loans to the company. In most cases, this involves the sale of equity or issuance of debt by the company to the investor(s), and the company must therefore ensure that it is in compliance with applicable Federal and State laws and regulations.
The Firm guides clients through private offerings and ensures compliance with the various disclosure, documentary, and filing requirements. Importantly, the Firm prepares private placement memorandums—the key document through which clients disclose to investors the relevant investment criteria and associated risks that will allow investors to make an informed investment—and protect clients against future liabilities regarding the investment.