Powell, Goldstein, Frazer & Murphy
Scott Killingsworth is a business lawyer with special concentration in high technology matters and is co-chair of Powell, Goldstein's Intellectual Property Technology Group.
In the e-commerce field he has represented internet business-to-business portals and exchanges, retailers, auction sites, content destinations, education sites, subscription-based online services, technology infrastructure providers and investors on issues such as website development, online contracting, privacy policies and user agreements, "private label" or co-branding projects, and licensing. He also assists 'bricks and mortar' companies in formulating and implementing their internet strategies.
Mr. Killingsworth has significant experience with the challenges facing growing technology companies, having served as general counsel for several such businesses beginning in 1978. In this capacity he has assisted with intellectual property licensing and protection; venture capital financing; strategic alliances both with customers and with owners of complementary technology; government contracting (including Cooperative Research and Development Agreements, Small Business Innovation Research and other grant programs, and military and civilian procurement); domestic and international distribution systems (including export licensing and Foreign Military Financing issues); OEM and VAR relationships; and custom development and consulting contracts.
On behalf of purchasers of technology, Mr. Killingsworth has handled systems integration transactions, healthcare information systems acquistions, large telecommunications systems purchases, Year 2000 compliance programs, sponsored research projects, acquisitions of technology-based companies and intellectual property assets, and post-installation dispute resolution.
Mr. Killingsworth has published numerous articles dealing with technology law, corporate law and legal history, and is a frequent lecturer on technology and intellectual property law and legal writing.
He serves on the Board of Editors of the E-Commerce Law Report and of the International Journal of e-Business Strategy Management, on the Board of Advisors of Intellectual Property Counselor, and as Contributing Editor to a Matthew Bender treatise on the legal duties of corporate boards of directors. He has also served as Moderator of the High Tech and World Wide Web forum on the Law News Network website and of the Legal Writing Forum on the Counsel Connect online service for attorneys.
Brobeck, Phleger & Harrison LLP
Daniel A. Weisberg
Representation of employers in all aspects of labor and employment law, with a particular focus on counseling and training technology companies in areas such as executive compensation, non-competition/trade secret protection, personnel policies, employee discipline, severance plans in areas such as workplace investigations wrongful termination, employment discrimination, sexual harassment, employee benefit plans, trade secret protection, wage and hour law, labor and contract arbitrations, all proceedings before the NLRB, and strikes and picketing. Mr. Weisberg has defended clients before various administrative agencies, in state and federal courts, through trial and appeal, in individual plaintiff and complex cases involving issues such as age, national origin, disability and race discrimination, same-sex harassment, class action overtime claims, ERISA fiduciary duty claims and mass picketing.
Bar and Professional Associations
- J.D., New York University, 1989
- B.A., Columbia University, 1984
Legal and Technical Experience
- American Bar Association; State Bar of California;
- Washington D.C. Bar.
Partner, Brobeck, Phleger & Harrison LLP, 2000 to present; Associate, Brobeck, Phleger & Harrison LLP, 1994 to
2000; Associate, Pettit & Martin, 1989 to 1994.
Publications and Speeches
"Top Ten Mistakes Technology Companies Make With Their Employees," Industry Standard, September, 1998; Co-author, "Take No Prisoners," Los Angeles Lawyer Magazine, February, 1996; "Does the ADA Require Employers to Allow Disabled Employees to Work at Home?" Employee Assistance Professional Report, March, 1995; "Preparing for the Unthinkable," Management Review, March,1994; "Damage Control: Monitoring Corporate Response to Sexual Harassment Complaints," Director's Monthly, December, 1993.
Seyfarth, Shaw, Fairweather & Geraldson
Kaye Scholer Fierman Hays & Handler, LLP
William A. Tanenbaum is a partner in the Intellectual Property & Technology Law Group in the New York office of Rogers & Wells. He is a past president of the Computer Law Association and the current chair of the CLA Internet & Electronic Commerce Task Force. Mr. Tanenbaum's practice emphasizes the representation of computer,
Internet and high-technology clients, and includes litigation, transactional work, strategic intellectual property counseling, and procuring, licensing, enforcing and defending patent, copyright, domain name and
trademark rights. He also advises clients on avoiding the legitimate intellectual property rights of third parties. He also conduct intellectual property aspects of mergers and acquisitions, including due diligence and intellectual property audits.
Mr. Tanenbaum was elected by his peers for membership in
Euromoney's Guide to the World's Leading Patent Lawyers and Guide to the World Leading LItigators. He has been quoted as an Internet expert in The Economist, The National and New York Law Journals and other
publications. He is a frequent writer and speaker and recently delivered an address on "Cyberspace Intellectual Property" at an Internet Interconference held in Beijing.
Mr. Tanenbaum is now the Chair of the Computer, Internet and E-Commerce Group at the law firm of Kaye Scholer Fierman Hays & Handler LLP at 425 Park Avenue New York, NY 10022. He can be reached by email at "firstname.lastname@example.org" and by phone at 212-836-7761.
Heller Ehrman White & McAuliffe LLP
AUGUST J. MORETTI
Shareholder, Silicon Valley Office - Sand Hill Road
August Moretti, joined the firm in 1976. He practices corporate and securities law, primarily on behalf of emerging high technology companies. From 1993 to 2000 he served as the chair of the firmwide business department.
Experience: Mr. Moretti has extensive experience in representing emerging companies in the Internet infrastructure, business to business, biotechnology, and medical device industries. In 1999, he closed over 75 venture financings for private companies. He has also represented buyers and sellers in over 200 merger and acquisition transactions and has represented issuers and underwriters in over 50 public offerings.
Mr. Moretti lectured in finance at University of California, Berkeley, School of Business Administration from 1977 to 1979, and is a member of the Advisory Board of the Berkeley Entrepreneur's Forum.
Education: Princeton University (B.A., Economics, magna cum laude, 1972); Harvard Law School (J.D., cum laude, 1975).
Representative M&A Engagements:
Mr. Moretti has represented buyers and sellers in over 200 merger and acquisition transactions, including the following companies:
UUNET Technologies - Acquisition by MFS Communications
Affymax N.V. - Acquisition in negotiated tender offer by Glaxo plc
Smart Machines, Inc. - Acquisition by Brooks Automation
Delatech, Inc. - Acquisition by ATMI, Inc.
Maxygen Acquisition of ProFound Pharma A/S
Representative Recent Public Offerings:
- Affymax N.V. (IPO)
- Affymetrix (IPO)
- Maxygen (IPO and follow on offering)
- Cepheid (IPO)
- Thoratec Laboratories Corporation
- Catalytica Combustion Systems (IPO)
Recent Speaking Engagements:
Mr. Moretti speaks and writes extensively on issues relating to emerging companies,
including the following:
- Chairman, International Business Forum conference on Corporate Venturing and Strategic Investing - February, 2000
- Participant, International Angel Forum on Board Issues for Emerging Companies - March, 2000
- Participant, Practising Law Institute Program on Emerging Companies - May, 2000
Orrick, Herrington & Sutcliffe LLP
Martin H. Levenglick is a partner in Orrick's Company Practice Group and head of the firm's Emerging Companies Practice in New York.
Mr. Levenglick specializes in the representation of start-up, early stage, emerging growth and high growth companies, venture capital funds and corporate and strategic
investors, with recognized expertise in the areas of venture capital, mergers and acquisitions, corporate finance and securities, strategic alliances, technology and content licensing, executive compensation and general corporate counseling. Mr. Levenglick's clientele is highly active in the Internet/online, new media, information technology, interactive content and software areas.
Representative clients include America Online, Inc., American Express Travel Related Services Company, Inc., Arts Alliance Ltd./Digital Ventures, AskIt.com, Inc.,
Brainstorm Interactive, Inc., CapitalThinking, Inc., Corporate Venture Partners, L.P., Daedalus Technology Group, Inc., DietSmart, Inc., Digital Club Network, Inc., dreamlife, Inc., EmployeeMatters, Inc., FastXchange, Inc., Favemail, Inc., 4C Ventures II, L.P., Horizon Live Distance Learning, Inc., Ingredients.com, Inc., i-Recall, Inc., iRenovate.com, Inc. iVillage, Inc., JuniorNet Corporation, Live Insurance.com, Inc., NetGen, Inc., Oak Investment Partners, Soliloquy, Inc., Sonata.com, Inc.; Streetmail.com, Inc., USMoving.com, Inc. and XseeksY.com, Inc.
Mr. Levenglick is a charter member of the New York New Media Association and a member of the Board of Editors of The Internet Newsletter: Legal and Business Aspects.
Mr. Levenglick received his J.D. from the New York University School of Law in 1979 and his B.A. from McGill University in 1976.
Proskauer Rose LLP
Steve Kayman is a New York based partner in Proskauer's Litigation and Dispute Resolution Department. He also chairs the Firm-wide, interdepartmental Non-Compete & Trade Secrets Practice Group. The NC & TS Practice Group assists clients in both litigated and non-litigated matters involving the movement of employees between competitors, the appropriation of trade secrets, employee "raiding" and the drafting and negotiation of employment and other agreements containing restrictive covenants. Clients have called on the Group's services when its employees have "jumped ship" to a competitor, when hiring a competitor's employees and to design agreements, policies and procedures aimed at protecting the client's confidential information and relationships with its customer base and workforce. Steve has done substantial work in all these related areas -- for clients such as Citibank, The Daily News, Chicago Title, Time Inc. and a subsidiary of Readers Digest, among many others -- and has also written and lectured about trade secrets and non-competes
The work of the Group reflects Steve's professional philosophy that litigators today must be more than just "hired guns"; they must also be counselors and business advisors. Steve also believes that, as the cost of traditional litigation continues to escalate, litigators must be more sensitive than ever to the client's business needs. This requires a thorough and realistic assessment of the costs and benefits of alternatives to the courts (such as arbitration and mediation), careful management of litigation staffing and expense, effective use of technology and advanced planning to avoid (and maximize the client's advantage in the event of) disputes.
Apart from the trade secret and non-compete arena, Steve considers himself to be a general commercial litigator qualified to assist clients in almost any kind of business-related dispute. He has practiced extensively before federal and state courts in New York and other jurisdictions, doing both trial and appellate work. He has represented clients in most major segments of the American economy, including the financial sector, technology, media and entertainment and real estate. Steve has also had substantial experience with alternative dispute resolution, including practice before the AAA, the SEC, the NYSE, the NASD, mediators and "rent-a-judges". Securities, bankruptcy, intellectual property, insurance and false advertising are among the many fields of law in which Steve has litigated substantial matters.
A graduate of Trinity College and the University of Virginia School of Law, Steve began his career with Proskauer in 1981 and has been a partner since 1989.
Shearman & Sterling
Heller Ehrman White & McAuliffe LLP
Bruce W. Jenett is a partner with Heller Ehrman White & McAuliffe, located in the firm's Palo Alto, California office.
Mr. Jenett's practice is focused on the representation of domestic and international high technology business clients, primarily in the life
sciences, electronics and telecommunications industries. He is highly experienced in equity and debt financing, licensing and distribution,
strategic alliances and joint ventures, and mergers and acquisitions, as well as general counseling issues, representing both start-ups and large
multinational corporations. Mr. Jenett has represented such clients as Bayer Corporation and Bayer AG, CardioGenesis Corporation, Calypte Biomedical
Corporation, MAST Immunosystems, Inc., The Centennial Funds, Vanguard Venture Partners, POINT Biomedical, Indigo Medical, Inc., Hitachi Chemical
Co., Ltd., Information Storage Devices, Inc., Myelos Corporation, onehealthbank.com, Inc., and numerous life sciences and telecommunications
Mr. Jenett is Co-Chair of the firm's National Life Sciences Practice Group, is the Co-Vice Chair of the Committee on Law and Medicine of the International Bar Association, and is a frequent speaker on corporate and finance issues to both business and attorney audiences. Mr. Jenett also is a member of the External Advisory Board of the Medical Technology Program of the Lawrence Livermore National Laboratory, and is a member of the Bioethics Committee of BIO (Biotechnology Industry Organization). Mr. Jenett received his B.A., Sociology, from Princeton University in 1969 and his J.D. from Georgetown University Law Center in 1976.
Louisa Holzschuher has been practicing employment and labor law for over fifteen years. She emphasizes effective, creative solutions to challenging employee management problems, with a focus on preventing litigation. Louisa has extensive experience defending employers against legal claims in the employment arena, including trials, law and motion practice, and appearances before numerous governmental agencies, such as EEOC, DFEH, OFCCP, NLRB, and the California Labor Commissioner. Her clients have included both private and public sector employers of all sizes.
In particular, Louisa has worked with her clients to resolve issues involving poor employee performance, complaints of sexual harassment and discrimination, family and medical leave, privacy in the workplace, and affirmative action. She also presents training programs to managers and human resources professionals on diverse subjects including sexual harassment, the Americans with Disabilities Act (ADA), diversity in the workplace, wage and hour problems, and avoiding wrongful termination claims. In addition, she has worked with unionized employers in the area of collective bargaining and unfair labor practice charges.
Louisa is currently Apple Computer's Senior Counsel for Human Resources. Prior to joining Apple, she had her own firm in Palo Alto for two and a half years, representing large and small corporations, as well as counseling individuals. Louisa also held the position of Senior Counsel for Employment Law with Syntex (U.S.A.) Inc. for five years, and practiced employment and labor law with Pillsbury, Madison & Sutro and the U.S. Postal Service. Louisa received her J.D. in 1984 from Boalt Hall School of Law of the University of California at Berkeley. She graduated from Oberlin College in 1980.
Hall, Dickler, Kent, Friedman & Wood LLP
Morrison & Foerster LLP
John Delaney is a Partner at the New York office of the law firm of Morrison & Foerster LLP, where he serves as Co-Chair of the firm¿s New Media Practice Group. John¿s practice focuses on intellectual property and Internet law issues, and he represents many technology and ecommerce companies located in New York¿s ¿Silicon Alley¿, including companies such as EarthWeb, Razorfish, Internet Appliance Network, Office.com and Worth.com. John speaks frequently on Internet law developments, and was recently featured on the cover of The American Lawyer as one of the ¿lawyers for the new economy.
Patterson, Belknap, Webb & Tyler LLP
Edward F. Cox is a partner in the corporate department of Patterson, Belknap, Webb & Tyler LLP, where he concentrates his practice in emerging companies and venture capital. He also has extensive experience providing counsel to U.S. subsidiaries of foreign companies and to U.S. clients with foreign subsidiaries or projects. Recent matters have included the formation and structuring of appropriate corporate and partnership entities; private placement of equity to institutions and individuals; employee arrangements, including equity incentive programs; dispute resolution advice; intellectual property protection and arrangements, including licensing agreements; industry partnerships, including product development, marketing and equity arrangements; public equity financings, including initial public offerings; private and public merger and acquisition transactions; litigation counseling, including class action matters; and representation of venture capital firms, including formation of venture capital funds.
He is admitted to the New York bar and has been involved in many professional activities. He is a commissioner of the New York State Commission on Judicial Nomination, and a founding member of the New York Secretary of State's Corporation Advisory Task Force. He is a member of the Federal, American and New York State Bar Associations and is also a member of The Association of the Bar of the City of New York, the New York Bar Foundation and the American College of Investment Counsel.
Mr. Cox is director of Noble Affiliates, Inc., Composite Materials, L.L.C., Applied Semiconductor, Inc. and Taensa, Inc.; trustee of the State University of New York (co-chair, Charter Schools Committee and Community College Committee); chairman, New York State Council of Parks, Recreation and Historic Preservation; founding director and former chair of N.Y. Student/Sponsor Partnership; trustee, Fund for Modern Courts; director, Foreign Policy Association and National Stroke Association; and member and overseer of director elections, Council on Foreign Relations.
He is the co-author of The Nader Report on the Federal Trade Commission and author of editorials and articles in The New Republic and the New York Post. Mr. Cox received his A.B. in 1968 from the Woodrow Wilson School of Public and International Affairs at Princeton University and received his J.D. in 1972 from Harvard Law School.
Wachtell, Lipton, Rosen & Katz
Graham Anderson is a General Partner with EuclidSR Partners, an early-stage venture capital firm with over $250 million under management and offices in New York City and the greater Philadelphia area.
Prior to joining EuclidSR, Mr. Anderson served in several professional capacities in management consulting, law, software and new media. Mr. Anderson comes to EuclidSR Partners from the strategy consulting firm, Salzinger & Company, a division of AppNet. At Salzinger & Co., Mr. Anderson served as a consultant to America Online's Greenhouse Project, Image Technology Corporation (now network MCI Digital Imaging), CI Impressions, Inc., and The Walt Disney Company. Prior to joining Salzinger & Company, Mr. Anderson practiced law at Susman Godfrey L.L.P. in Houston where he concentrated on securities, private equity and software law. Mr. Anderson is a graduate of Yale College, the University of Glasgow and the Yale Law School.
Mr. Anderson serves on the Editorial Advisory Board of VentureOne, chairs the Presenting Company Selection Committee of Venture Downtown sponsored by the New York New Media Association and is an active participant in Internet and new media organizations. Recently he has spoken at New York Venture Group, Private Equity Roundup, Practising Law Institute, MIT Enterprise Forum and New York New Media Association events. Mr. Anderson concentrates on Internet and software investing. Mr. Anderson is a Director of Calypso Online, Inc., Ironside Technologies Inc., and JuniorNet Corporation.
Greenberg Traurig, LLP
Ian Ballon represents technology, media and entertainment companies in complex litigation and counseling relating to copyright, trademark, trade secret, database and computer and Internet law issues. Mr. Ballon, who splits his time between the firm's Palo Alto and Los Angeles offices, is the author of the three-volume legal treatise, "E-Commerce and Internet Law: Treatise With Forms", which has been cited in state and federal court opinions. He also serves as Executive Director of Stanford University Law School's Center for E-Commerce. In addition, Mr. Ballon is an Advisor to the American Law Institute's International Intellectual Property Jurisdiction Project, a Council Member of the American Bar Association's Section of Science and Technology, and a member of the GRAMMY? Foundation's Entertainment Law Initiative Advisory Committee.
Sonnenschein Nath & Rosenthal
John Koski is a litigation partner in the Chicago office of Sonnenschein Nath & Rosenthal, and is a member of the firm's Ethics Committee. John represents clients in a wide range of litigation matters in pretrial, trial, and appellate proceedings in state and federal courts, as well as administrative proceedings, across the country. He has had substantial experience in franchising litigation; class actions; copyright, trademark, and intellectual property litigation; and complex commercial disputes. John also has had significant experience in alternative dispute resolution.
John is the author of several litigation-related articles. His publications include: "Peril of the E-Mail Trail," National Law Journal, Jan. 16, 1995, at C1; "Mandatory Disclosure," 80 ABA Journal 85 (Feb. 1994); "Better Late Than Never: Timing, ADR, and Litigation Costs," 9 Court Manager 16 (1994); "From Hide-and-Seek to Show-and-Tell: Evidentiary Disclosure Rules," 17 American Journal of Trial Advocacy 497 (1993); and "Idaho v. Wright": The Defenestration of Corroborating Evidence," 46 University of Miami Law Review 205 (1991). He has also written on franchising issues.
John is admitted to the Bar in Illinois and Florida, the United States Supreme Court, the United States Courts of Appeals for the Second, Third and Seventh Circuits, and the United States District Courts for the Eastern District of Michigan, Eastern District of Wisconsin, and the Northern District of Illinois. He is an active member of the American Bar Association's Forum on Franchising and the ABA Sections on Litigation, Antitrust, and Tort and Insurance Practice. Prior to joining the firm, John served as a Research Consultant to the American Bar Association's Judicial Administration Division/Lawyer's Conference Task Force on the Reduction of Litigation Costs and Delay.
John received his J.D., cum laude, Order of the Coif, from the University of Miami School of Law in 1992, where he was the Senior Articles Editor of the University of Miami Law Review. He earned his B.A. in Political Science and Psychology at Vanderbilt University in 1989.
Thomas, Kayden, Horstemeyer & Risley, LLP
Jeffrey R. Kuester is a partner with the patent, copyright and trademark law firm of (Thomas, Kayden, Horstemeyer & Risley, LLP ) in Atlanta, Georgia, at 770-933-9500, where he also maintains the award-winning intellectual property law website, KuesterLaw - The Technology Law Resource. Prior to receiving his law degree from Georgia State University College of Law, Jeff earned his Bachelor of Electrical Engineering degree, with honors, under the Computer Engineering and Cooperative Education programs from the Georgia Institute of Technology. Jeff financed his education through employment with Georgia Power Company and IBM, and while an undergraduate, was a member of Gamma Beta Phi honor society, Eta Kappa Nu electrical engineering honor society, Tau Beta Pi engineering honor society, and Phi Eta Sigma freshman honorary. After entering law school, Jeff passed the Patent Bar Exam and began working as a Registered Patent Agent. While in law school, Jeff was a winner on the Intrastate Moot Court Team, was a member of the National Moot Court Team, was listed in Who's Who Among American Law Students, and received an American Jurisprudence Award in Moot Court.
Today, besides teaching as an Adjunct Professor of Intellectual Property Law at Georgia State University College of Law, Jeff's primary areas of practice include patent preparation and prosecution in the fields of software, telecommunications, and electronics, as well as general patent, copyright & trademark law. Besides serving on the Advisory Board for the Bureau of National Affair's (BNA) Electronic Commerce & Law Report (ECLR), as well as on the Board of Editors for American Lawyer Media's Patent Strategy & Management, Mr. Kuester is also actively involved with a variety of educational and professional organizations, including The American Intellectual Property Law Association and the Intellectual Property Law Section of The American Bar Association where he currently serves as Chair of the Special Committee on Patent and the Internet, having previously served as Co-Chair of the Special Committee on Trademarks and the Internet and Vice-Chair of the Continuing Legal Education Committee.
As Communications Director for the 4,500-member Atlanta Section of the Institute of Electrical and Electronics Engineers, Jeff was the Webmaster and Editor of the organization's monthly newsletter, The Atlanta Circuit. He also recently served as the Electronic Communications Chair for the Business and Technology Association (B&TA), maintaining their website. Jeff is also member of the Cobb County Bar Association and for five years was Editor of its monthly newsletter, The Cobb Bar News. Finally, as a member of the State Bar of Georgia, he is an active participant in the Computer Law Section, currently serving as Chair of the Section, after previously serving as Webmaster and Newsletter Editor for the Section. Jeff also participates in the Intellectual Property Law Section as its Secretary and as past Webmaster and Editor of A Novel Expression of Confusion, the Section's quarterly newsletter.