areas of practice
start-up and emerging businesses
We value and thrive on the opportunity to work with start-up clients who have big ideas - ideas that are only ideas, ideas that are game changers, or even ideas that may be bigger than anyone can appreciate. Assisting start-up companies is among our most interesting and rewarding work.
We advise start-up companies at every stage, from financing and initial formation, or napkin stage, through to a sale or initial public offering. We are one of a few firms that understand their clients' technologies and industries and we combine such understanding with comprehensive legal advice, covering intellectual property, finance, and securities analysis and counsel.
We are focused on being practical and ensuring that our clients make the best use of their limited resources. Many of our clients have benefited from our experiences and network of relationships. Our extensive experiences have taught us how to deliver the legal services that our emerging company clients need at a cost that represents true value.
We have the specialized knowledge and skills needed to facilitate companies in securing the financing they require to start and grow. Companies face numerous challenges in funding their business. We address our clients' needs, ranging from funding early operational matters to financing the growth phase of companies seeking to grow organically or make strategic acquisitions. This may involve multiple rounds of financing, including investments by family and friends, seed financing, angel investment, and venture capital financing.
Companies seeking to raise money are subject to federal and state securities laws. We assist clients in navigating these laws and use our experience to structure, negotiate, and document securities offerings in a manner that is responsive to current market trends and requirements.
Many clients hire us to serve as their general counsel. In this role, we use our experiences to efficiently develop an in-depth familiarity with our clients' business and legal needs. General counsel services are as diverse as the name suggests. Although business owners may not call on their lawyers for run-of-the-mill matters, sometimes the nature of the relationship is so critical to the purpose of the business or the size of the transaction is so significant that precise contracting is called for.
Companies must deal with operational and commercial transactions on a daily basis. We work closely with our clients to manage the entire transaction by negotiating terms and drafting agreements. Such transactions include contracts and relationships with customers, suppliers, equipment vendors, distributors and sales representatives, contract manufacturers, and strategic partners.
Similarly, we recognize that companies are faced with daily challenges to comply with a rapidly changing regulatory environment. We are experienced in all areas of corporate governance counseling, including board and board committee compensation, officer fiduciary duties and responsibilities, stockholder relations, and "best practices" for boards, directors, and committees." Our practice utilizes our expertise in corporate, securities, and governance to provide our clients with the information, analysis, and advice they need.
Technology and innovation is a key element of the business strategy of many of our clients. We work with technology and growth businesses to effectively leverage their intellectual and technology assets. Beyond our knowledge of intellectual property matters and their underlying technology, we understand the business models used by our clients. By assisting clients in determining core business terms in addition to drafting and negotiating the agreements, we maximize the value of these assets.
Our experience allows us to add substantial value in transactions involving the development, purchase, sale, or licensing of technology. Whether an innovation is protectable by patent, copyright, or as trade secrets... It is also a way to build strategic partnerships with other innovative companies. We specialize in assisting companies with structuring, managing, negotiating, and documenting their licensing arrangements.
mergers and acquisitions
Our firm advises on the full range of merger and acquisition transactions. A significant number of our clients are growth companies with the sale of the business as the ultimate exit strategy. Therefore, our expertise in mergers and acquisitions is critical to our clients' ability to achieve their overall objective. Regardless of size, we realize that every transaction is important to our clients.
The need for sophisticated and coordinated real-time counsel and advice is critical in every transaction. As a result, we utilize our diverse team of lawyers to resolve issues, create solutions, and close transactions. Our experiences include representation of buyers and sellers in a wide variety of these transactions, ranging from simple asset or stock sales to more complex mergers, recapitalizations, and stock swaps.
business disputes and litigation
Who We Are
Our business litigation group perfectly complements our corporate and transactional practice, making us uniquely qualified to handle all your business needs in a true boutique environment.
Our collaborative culture is one of our strengths. Our litigators work closely with all our transactional lawyers, who have experience advising all types of businesses on financing, corporate, transactional, regulatory, and workout matters.
The reality is that size doesn’t need to matter in litigation. We know this. Our litigation group was founded by lawyers who practiced at large, full-service multinational firms, and includes lawyers who have served as law clerks in federal and state court, and as enforcement counsel for state regulators.
Our litigators regularly appear in state and federal court, as well as in administrative and arbitration proceedings, and have argued numerous cases on appeal at the Arizona Court of Appeals, the Arizona Supreme Court, and the United States Court of Appeals for the Ninth Circuit.
Our success is derived from performing high-quality legal work at a reasonable price while providing superior service. We know how to manage corporate risk and further our client’s business objectives.
Our principal goal is to solve our client’s problems efficiently, aggressively, and creatively. When we first meet our clients, we seek to understand their objectives and to develop a strategy to achieve them. To that end, we give our clients a prompt, sincere, and realistic evaluation of their legal position.
Our attorney-client relationship extends beyond winning and operating efficiently. We get to know each of our clients – their culture, their vision and core values, their products and services. We never lose sight of what’s in our client’s best interests, and strive to demonstrate that in every matter they entrust with us.
This combination of skill and understanding is critical to what we do. The reality is that most business disputes settle at some point. But not all settlements are created equal. Good settlements are negotiated from a position of strength. That strength comes in part from a demonstrated willingness and ability to advocate a client’s position successfully through trial, if necessary, and to perform at the highest levels of the profession. While we always explore the most cost-effective, efficient and creative solution for our clients, our adversaries know we are prepared to advocate in the courtroom. We have the tools and experience to take any matter to trial – and win.
What We Do
Our litigation practice encompasses the varied range of matters faced by our clients, who include multinational, national, and locally-owned corporations, as well as individuals and sole proprietorships.
The practice areas include:
- Pre-litigation counseling and risk assessments
- Small business, partnership, and LLC disputes
- Business divorces
- Contract disputes
- Fiduciary duty claims and counseling
- Business torts, including fraud, misrepresentations, conspiracy, tortious interference, and misappropriation of confidential and trade secret information
- Internal investigations, including financial accounting and reporting, and workplace investigations
- Investor fraud claims, including Ponzi schemes and receivership proceedings
- Real estate disputes
- Securities litigation, including broker/dealer disputes, corporate control, shareholder rights, and derivative litigation
- State and federal regulatory matters, including the Arizona Securities Division, the Arizona Department of Financial Institutions, FINRA, SEC, and the FTC
- Consumer fraud
- Trademark and copyright infringement
- Banking/Financial services litigation
- Employment matters, including EEOC, Arizona Industrial Commission, and Justice Department inquires
- Franchise litigation