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Protection of Intellectual Property in Startup
Aside from competence of management team, control of intellectual property is a major focus of investor scrutiny. The ability to identify and protect intellectual property directly reflects on investor confidence and the resulting access to capital available to technology start-up. Protection of intellectual property assets is available through the law of copyright, trade secrets, patents and trademarks.
Financing Startup
Many startup companies, particularly in technology sector, require capital beyond the means of their founders in order to finance continued growth. Expenses quickly add up, and a business that cannot manage its cash flow will not survive. Because startup companies typically have a limited operating history and are considered to be risky ventures, obtaining even simple financing arrangements can be a difficult task.
Intellectual Property Litigation
The Firm is able provide representation to clients in complex intellectual property ("IP")cases with special emphasis on patent, trademark, copyright, trade secret and unfair competition in high technology areas. Our clients consist primarily of small and medium size companies that have had their rights infringed by large corporations. Thus, we generally undertake David vs. Goliath litigation matters.
The Firm assists in cases involving a full range of disputes that technology businesses experience: software copyright infringement, trademark infringement, misappropriation of trade secrets, breach of confidentiality or non-compete agreements, movement of key employees between companies, and tortious interference with business and contractual relationships. We represent clients in all phases of litigation - from evaluating the initial decision to initiate or respond to a lawsuit, through trial, post-trial appellate practice, and collections. We advise clients on all aspects of litigation strategy, not only with respect to issues such as choice of forum, jurisdiction, and other procedural matters, but also on cost-effective ways to achieve a business objective that can be accomplished only through litigation. For us, litigation is a means to an end, rather than an end in itself.
We understand the underlying business issues inherent in litigation that our clients face and we partner with our clients to address those issues. This philosophy manifests itself specifically in our case management process, which focuses on early case evaluation and case management in accordance with the litigation objectives of our clients. To that end, we have the capacity to incorporate real-time, on-line collaborative case and fee management systems. We can also provide dedicated websites which allow us to share documents and communicate with our clients.
What distinguishes us from many other law firms is our businesslike approach to solving our clients' problems. We recognize that the most aggressive (and expensive) litigation strategy may not always be the best solution to a client's problem. We also recognize that most clients would prefer to spend less money to alleviate their problems than spend more. As a result, in every matter we handle, we seek to identify the client's primary business objective, design a solution to fit that objective, and then implement that solution in the most efficient manner possible. The result is an effective, solution focused approach that helps our clients to expand their businesses.
We understand our clients’ need for cost management. We are sensitive to the “cost curve” - expenses to settle, as well as to defend, rise over the lifetime of a case. As a result, we are open to discussing alternative fee approaches, recognizing that the goal is greater efficiency in producing legal work that meets our clients’ objectives. Our goal is to bring matters to conclusion quickly and efficiently - whether via trial or a settlement - and to do so in a cost-effective manner for our clients.
In certain circumstances we undertake to represent our clients on a contingent fee basis. We accept only meritorious cases on a contingent fee basis. That is, we take only those cases that are supported by strong facts and law. Our clients pay no lawyer’s fees until their case settles or damages are awarded. However, we require that our clients pay all litigation costs and expenses as they come due. This is done so that our clients have a vested interest in the outcome, and so that they appreciate the value of pursuing reasonable litigation strategies. Costs and expenses cannot be calculated in advance, but they are generally in the range of ten percent (10%) of lawyer’s fees.