Please note: As with the list of representative clients I have posted on this site, the list that appears below is not intended to be a complete, exhaustive statement of the work I have done. Instead, I have listed a variety of projects and transactions in order to give you an idea of the scope of my practice.
Counseling Businesses
Counseled businesses on existing and proposed laws and regulations, including how to comply with the applicable law related to—
- selection of proper form of business organization, considering the relevant tax, liability, securities law, management, and operational issues;
- following corporate and limited liability company formalities to preserve the protection from personal liability those business forms offer;
- homeland security laws, counter-terrorism issues, prohibition of trade with terrorists in compliance with executive orders, and other legal requirements related to homeland security;
- proper use of online policies and other documents;
- obtaining third-party certification of their privacy policies from such organizations as TRUSTe;
- responding to complaints about alleged infringement of copyrights owned by third parties;
- counseling online businesses about best practices for reviewing and modifying existing policies and agreements already posted on their web sites;
- counseling online and technology businesses about the law governing copyrights, trademarks, and trade secrets;
- counseling online and technology businesses about current and best business practices and the legal implications of those practices;
- responding to an FBI inquiry regarding alleged child pornography stored on the client’s system by one of the client’s customers; and
- dealing with customers who were being rude and abusive to the client’s employees.
Drafting Documents
Creating the following business documents, among others—
For developers of computer technology and software—
- non-competition agreements;
- nondisclosure agreements;
- assignment of copyrights;
- software licenses.
For online businesses and web sites—
- terms of service or use (TOS or TOU);
- acceptable use policies (AUP);
- service-level agreements (SLAs);
- anti-spam and bulk e-mail policies;
- reseller agreements;
- agreements for commission-based affiliate programs for resellers of clients’ web hosting services or virtual products;
- purchase agreement for goods bought online;
- copyright and intellectual property policies;
- Digital Millennium Copyright Act (DMCA) required policies and notices; and
- privacy policies.
Corporate documents—
- articles of incorporation (for profit);
- articles of incorporation (not for profit);
- application to IRS for tax-exempt status for not-for-profit corporation;
- corporate annual reports (for Illinois Secretary of State);
- corporation bylaws;
- corporation shareholders’ agreements;
- notices of meetings;
- corporate resolutions;
- corporate minutes; and
- election of subchapter “S” tax treatment for the Internal Revenue Service.
Limited liability company documents—
- articles of organization;
- operating agreement;
- notice of meeting;
- resolution of managers; and
- resolution of members.
Other documents—
- condominium declaration;
- limited warranty document for newly constructed condominium units (to replace the implied warranty of habitability;
- quality assurance checklists for legal documents; and
- strategic legal plans.
Litigation
As court-appointed counsel, represented indigent criminal defendants on appeal, from initial drafting of appellant’s brief through oral argument and petitions for rehearing, and, in one case, a petition for writ of certiorari to the United States Supreme Court.
Representing Clients in Major Transactions
- represented web hosting company in the acquisition of a smaller web host;
- represented independent computer contractor in negotiation and changes to a sales and commission document he entered with another technology company;
- represented client in negotiation and purchase of a retiring dentist’s practice and commercial lease with option to buy building in which space was leased;
- represented seller in several closings of sales of condominium units that the seller’s construction company had built;
- represented tenants operating a retail store in negotiating a commercial lease;
- represented employee in arranging her departure from a job that was not a good fit for her to a better employment situation; and
- represented individual videographer in compromise/settlement agreement with multiple plaintiffs and counsel from the offices of the Illinois Attorney General and State’s Attorney of Cook County.