Intellectual Property

For many clients, proprietary intellectual property is the lifeblood of their business, and proper attention to obtaining and securing rights during development and then protecting and commercializing intellectual property is fundamental to the success of the enterprise. We have particularly well-developed capabilities in the intellectual property area, and can provide essential advice to clients for whom intellectual property is crucial to the value of a business.

For our early stage clients, proper attention to intellectual property rights often begins before the company has been formed. We advise early stage clients on rights and obligations that founders may have with respect to former employers, or with respect to intellectual property that may have been jointly created.

We advise on and draft agreements with employees and consultants that cover non-disclosure, invention assignment and work-for-hire. Similarly, we advise on internal policies and procedures to ensure that confidential information and trade secrets will be accorded maximum possible protection. When access to critical intellectual property assets is provided to potential investors, strategic partners and acquirors, we assist in developing strategies and nondisclosure agreements designed to provide sufficient information to get deals done, while minimizing the risks that intellectual property may be compromised if a transaction is not completed.

We clear and register trademarks and copyrights and assist in enforcing such rights against infringement. We can also advise with respect to an acquisition strategy for domain names and the interplay between domain names and trademark rights. While we do not do patent work in house, we engage and collaborate with highly skilled, cost effective patent counsel to advise our clients on patent strategy and to draft and file patent applications.

Licensing is a central issue for many of our clients, and our attorneys have licensing expertise across a diverse spectrum of industries. Intellectual property licensing deals are often strategic transactions with significant implications for the valuation of a business in future financing or acquisition transactions, and our advice is informed by this broader perspective. From IT to mobile media to publishing to biotech, we have a breadth of experience in the nuanced issues that must be addressed and negotiated in order to enable our clients to derive the full benefit from their intellectual property assets.

Website and e-commerce issues arise for virtually all of our clients, and our attorneys are well-versed in this rapidly developing area of the law. We routinely advise on issues including development agreements, advertising agreements, hosting contracts, domain names, privacy policies and in the legal issues surrounding contests and games.

Relevant Video Resources

Conferences and Panels Featuring Our Attorneys

Legal Essentials for Startups 2015 – Part 4: Intellectual Property Protection

Thursday June 25, 2015
Paul Ellis, Organizer
Jessica Friedman, Panelist

Once the underlying goal of a project or an engagement has been established, we work with the client to craft a strategy calculated to achieve the desired result as expeditiously and cost-effectively as possible.

Before our clients commit the time and expense to a transaction or matter, we will work with them in clarifying their objectives and testing their assumptions, thus doing our best to ensure that the potential benefits justify the costs and any potential risks.

We understand that our clients are focused on achieving specific business objectives, and are looking for us to present them with legal strategies that support those goals. At the same time, they are counting on us to identify potential pitfalls and to assist them in identifying and assessing their risks, a responsibility that we take very seriously.

Providing our clients with appropriate protection while facilitating their operations, balancing 'get it done' with 'get it done right,' and doing it all with an eye to our clients’ legal budgets and cost constraints can be a challenging task, but it is one that we strive to achieve and is a skill at which we have become adept.

Our depth of practice in VC and angel financing has given us a sophisticated understanding of the issues driving the negotiations on both sides of the table, enabling us to provide our clients with practical advice on strategy and market terms. In a field where efficiency and cost control are essential, we offer our clients extensive experience and practical judgment in assessing the benefits and costs inherent in their negotiating positions.

We frequently receive referrals from some of New York’s largest law firms in situations where they have an internal conflict, are unable to handle a matter efficiently or for some other reason. They trust us to assist their clients and contacts when they are unable to do so.