Contracts & Commercial
Gary has worked with many of the world’s most innovative and leading companies on contract and commercial matters, including work for emerging growth technology companies and global technology leaders. As a partner at world-renowned US and international law firms he represented a diverse array of US and international companies on contract and commercial matters involving high technology, telecom, life sciences and pharmaceuticals, services, manufacturing, materials, traditional and alternative energy, gaming, apparel, securities and commodities, aerospace and defense. He has managed global sales, licensing and distribution projects for multinational companies. As well, he has practical in-house transactional expertise drafting and negotiating complex contract, commercial and licensing deals.
Gary’s contracting work includes:
– corporate formation, including founder, partner and stockholder agreements
– investor and LP agreements
– investment agreements, including angel, venture capital and debt financing agreements;
– technology patent, trade secret, software and trademark licensing agreements;
– D&O employment agreements;
– NDAs, confidentiality and privacy agreements;
– research and development agreements;
– software development, design and implementation agreements, including CRM
– product sales and services purchase and licensing agreements, including SaaS, other Internet services and network security services agreements;
– product distribution agreements, including sales representative, reseller, channel and outsourcing agreements;
– joint venture and technology transfer agreements; and,
– M&A and other acquisition and exit agreements
Gary’s contract and commercial work includes US, international and national security matters.
Corporate Transactions / Private Investment
Gary’s corporate transactions expertise includes corporate formation, structuring, investment and exit work for privately held companies and well as corporate governance and M&A work for larger companies. Additionally he has advised many clients on joint venture (JV) and other strategic transactions. His clients included many founders and startups, angel and professional investors, including venture capital and private equity firms, and private and public company acquirers.
As a Silicon Valley lawyer, Gary formed and structured C-corps, LLCs and partnerships, advised companies and investors on venture capital, strategic investment, other private equity investment and debt financing, and exits. As well, he has advised on fund and LP arrangements.
Gary handled M&A transactions for small to mid-market companies, including sales to public companies, ranging from $10M to $3.2B. He has hands on experience with due diligence, and the workings of investment and acquisition deals. He has also worked with stockholders and acquirers on earn outs and related accounting and non-accounting issues. He has significant experience with M&A issues with respect to reps and warranties, financial guarantees, purchase price adjustments, working capital, personnel, IP and competition/non-solicitation issues. He has advised offerers and investment banks on NASDAQ and NYSE IPOs and international IPOs in London and Hong Kong.
Gary views corporate transactions as a corporate lawyer: he has an intimate understanding of how investment and exit transactions work. He understands the parties and business perspectives and is fluent in the terminology, standard clauses, practices and securities law and regulatory requirements that define corporate transactions. As well he has experience with both private and public company boards on corporate governance, investigation and other legal matters.
Gary serves as both a mediator and arbitrator on corporate matters, mediating business settlements for companies and their private investors as well as arbitrating corporate disputes for binding determination.
Gary handles a wide array of IP disputes, including patent, trademark, trade secret and copyright matters.
Gary’s scientific training, experience negotiating IP agreements and practice as an IP litigator make him well-suited for handling complex IP disputes. Gary has litigated and arbitrated patent validity and infringement, copyright and trade secret cases in a wide range of high technology and telecom sectors. Gary has also handled several network security services/data breach disputes.
In addition to IP litigation expertise, Gary has significant experience drafting and negotiating IP agreements, including licensing and technology transfer agreements in IT, telecom, alternative energy, life sciences and materials sciences. As an in-house lawyer in the enterprise and Internet cloud security sector, he managed patent and trademark portfolios and addressed licensing and risk assessment issues. Gary routinely works on licensing disputes, including FRAND licensing.
As well, he has served as an arbitrator in other technology segments: life sciences, including pharmaceuticals and biotech, and alternative energy, including wind, solar, hydrogen fuel and energy storage projects.
Gary is a US lawyer and an English solicitor. His international arbitration experience includes counsel and neutral services involving common law, civil law and developing country matters. Gary was trained in international arbitration at the leading international law firm Coudert Brothers.
Gary’s international clients have included multinational companies around the world, including many Global 100 companies, as well as many smaller non-US based companies in the manufacturing, technology, telecommunications, healthcare, banking, securities and commodities, private equity and venture investment, gaming and entertainment, and professional services sectors. Gary has also advised a variety of foreign states and international institutions, including the United Nations and the US Olympic Committee, on commercial matters. He has worked on international commercial matters involving over 80 countries around the world.
Gary has advised US and non-US clients for over thirty years on matters before the International Center for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC) Court of Arbitration, the London Court of International Arbitration (LCIA), and the World Intellectual Property Organization (WIPO), as well as matters in various regional international arbitral centers including in the US, London, Paris, Geneva, Stockholm, Tokyo, Hong Kong and Singapore. He has been listed on the ICDR Panel for over twenty years as well as WIPO, LCIA, ICC and various regional international arbitration panels. He has handled well over a hundred international arbitration matters and has extensive experience serving as a sole arbitrator, panel arbitrator and Chair in international arbitrations.
Gary is a Fellow of the Chartered Institute of Arbitrators and is peer-vetted to the SVAMC List of the World’s Leading Technology Neutrals. He has significant experience with civil law and other non-U.S.-style arbitrations.
Gary is published and speaks frequently on international arbitration and related international technology law topics. He serves on institutional and ad hoc matters worldwide.
High Tech & Telecom
Gary’ has focused on IT and high technology law work his entire career. He has worked with leading law firms in Silicon Valley and served in-house with an enterprise and cloud cybersecurity company.
He has practical experience in a wide range of tech and telecom sectors:
– Internet: connectivity, cloud computing, cybersecurity, data centers, web content, e-commerce and B2B, SaaS and social networking;
– Software: operating systems, networking and applications, including CRM, ERP, business, entertainment/gaming, utilities, video, security and mobile apps;
– Hardware: semiconductors, CPUs/microprocessors/SOC/multi-core processors, memory, graphics, storage, media and peripherals
– Telecommunications: mobile and Internet, including wireless, broadband, VOIP, LAN/WAN protocols
Gary has worked regularly on life science matters, particularly biotechnology and pharmaceutical matters. He has served as an arbitrator on several matters involving new technologies and related IP and investment issues.
Alternative Energy & Materials
Gary has worked on traditional and alternative energy projects. His arbitration work has included US and international arbitrations involving wind, solar, fuel cells and storage. As well he has worked on nanotechnology and related materials science matters.
Competition & Trade
Gary is experienced in handling antitrust and other competition and trade disputes. Much of his early litigation work involved technology companies and the intersection between intellectual property and antitrust laws, including monopolization and tying issues. He has worked extensively on matters involving unfair trade practices and other competitive practices between companies. More recently he has handled arbitrations involving technology innovations by new market entrants and related market definition, market power and anti-competitive harm issues.
Gary’s background and expertise in technology makes him well suited for resolving competition and unfair trade practices matters involving US and international high technology, life sciences and alternative energy markets.
Selected Training: ICDR/ICC/ICSID Joint Colloquium, New York, 2017; Moderator, “I Want to be the Chair: IntraTribunal Relations Scenarios”, San Francisco, 1997; ICC Advanced Training, San Francisco, 2017; IBA Arbitration Day Conference, Milan, 2017; Arbitrator Masterclass, Washington DC, 2017; FL Bar/ICDR International Arbitration, Miami, 2017; ICC/ICDR/ICSID Joint Colloquium, Paris, 2016; AAA/ ICDR Panel Conference, Los Angeles, 2016; SIAC Congress, Singapore, 2016; Lecturer, ABA Dispute Resolution Section Spring Meetings, New York, 2016; AAA Annual Meeting, New Orleans, 2016; ICDR Miami International Arbitration Conference, Miami, 2016; CPR Annual Meeting, New Orleans, 2016; Lecturer, ADR in the Cloud, College of Commercial Arbitrators, NY, 2015; WIPO Mediation and Arbitration Workshop, Palo Alto, 2015; AAA eDiscovery: Arbitration in a Digital World (ACE012), 2015; AAA Roundtable – Arbitration Panels, 2015; AAA Dispositive Motions in Arbitration, 2015; AAA Sanctions in Arbitrations: Everything You Might Not Know that You Should Know 2015; AAA Explaining Complexity—How to Improve Your Presentation of Technical Information in Arbitration 2015; AAA ICDR Miami International Arbitration Conference: International Dispute Resolution in the Americas 2015; AAA Pro Se Parties in Arbitration 2015; AAA Explaining Complexity—How to Improve Your Presentation of Technical Information in Arbitration 2015; Faculty,AAA SF Neutrals Round Table “To Tell or Not To”, 2015; 2014 ICDR Miami International Arbitration Conference, AAA,’Breaking Bad:Tools for Advocates & Mediators When Negotiations Get Stuck’ 2014; AAA-ICDR/ICC/ICSID 31st Annual Joint Colloquium, NY, 2014; AAA eDiscovery 2.0, 2014; AAA Advanced Mediation Series: Managing the Dynamics of a Multi-Party Case, 2014; Joint LACB/ICDR Conference, 2014; AAA Arbitration in IP/Technology Disputes, 2014; AAA “Exceeded Powers”: Recent Trends in Challenging Arbitrator Authority, 2014; AAA Essential Mediation Skills, 2013; AAA Arbitration in IP/Technology Disputes, 2013; Fordham 6th Annual Arbitration Conference, 2013; AAA What’s a Respondent Like You Doing in a Place Like This? Confronting Arbitrability and Jurisdiction Issues in Arbitration, 2013; Stanford University Arbitration Conference, 2012; Institute for Transnational Arbitration Winter Forum, 2012; AAA How to Become a More Innovative Neutral or Advocate: Applying Cutting Edge Innovation Management Techniques to Your ADR Practice, 2011; AAA Ethics 101: Mediators, Arbitrators, Attorneys, 2011; AAA/ICDR Neutrals Conference, 2010; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2010; Institute for Transnational Arbitration Workshop, 2008; ICDR International Symposia in Advanced Case Management Issues, 2007; ICDR, Debates on Key Issues in International Arbitration, 2006; AAA Intellectual Property Arbitration, 2004; AAA International Arbitrator Training, 2000; /Chartered Institute of Arbitrators, International Commercial Arbitrator Training, 1999; Coudert/North American Trade Dispute Resolution Center Training, 1999; Chartered Institute of Arbitrators, Special Fellowship Course, 1998; AAA International Arbitration Training; AAA Basic Arbitration Training and numerous other training sessions. Lecturer, American Arbitration Association programs, San Francisco, 2002, 2014, 2013 and 2015 and ICDR Programs, 2008.