概要
* Expert on legal issues for emerging growth technology companies.
* 18 years representing technology companies (4+ years with a top technology firm (Gunderson
Dettmer and 13+ years of in-house experience as both GC & AGC of public and private technology
companies)
* Represent enterprise software, Internet, mobile, entertainment, and life sciences companies in
their strategic technology transactions.
* Expert in balancing the legal and business issues when negotiating complex transactions.
Specialties: Contract negotiation, strategic business development, contract drafting, technology transactions, open source, privacy and data protection policies, mergers and acquisitions
職歴
Principal
Ascenda Law Group
September 2012 – Present (2 years 3 months)San Francisco
Principal/Partner at Ascenda Law Group, a law firm focused on intellectual property. We represent enterprise software, Internet, mobile, entertainment, and life sciences companies in their intellectual property matters and strategic technology transactions. Current clients include: Blue Jeans Network, RiskIQ, LiveFyre, RingCentral, Discovia, Flint Mobile, Codifyd and Sellpoints.
Exponential Interactive, Inc.General Counsel
Exponential Interactive, Inc.
January 2012 – July 2012 (7 months)Emeryville, CA
Blue Coat SystemsVice President, Associate General Counsel
Blue Coat Systems
April 2007 – November 2011 (4 years 8 months)
• Management & Leadership: Member of company’s senior leadership team. Provide all legal support and counsel for sales, marketing and R&D departments. Manage in-house legal team responsible for commercial transactions, real estate and intellectual property. Manage outside counsel in a wide variety of subject matters.
• Corporate Securities & Governance: Assist General Counsel with public filings and other SEC regulatory matters. Institute ethics training and update various corporate policies. Provide support for board meetings.
• Commercial Transactions: Manage all M&A transactions (including the $270M acquisition of Packeteer (Nasdaq: PKTR) and the integration of 25 international subsidiaries). Manage the contracts team and negotiated and finalized all significant contracts with partners and customers (including multi-million dollar deals with Bank of America, IBM, VMware, Adobe and Microsoft). Successfully audit all company contracts and implement comprehensive contract management system.
• Intellectual Property: Co-chair of the patent committee and responsible for patent portfolio and all intellectual property protection. Managed and successfully resolved all patent litigation.
• Miscellaneous Responsibilities: Provide all legal support and guidance for sales, marketing and R&D departments. Responsible for all matters relating to data privacy (including completion of the certification for Safe Harbor), responsible for all legal aspects relating to compliance of export and environmental regulations. Successfully resolved all patent litigation and disputes with the NY Attorney General, the Department of Justice and the CA Attorney General.
Vice President, General Counsel & Secretary
Blue Coat Systems
May 2004 – April 2007 (3 years)
• Management & Leadership: Member of company’s executive council. Built the legal team from the ground up in order to support the growth from a $50M to a $300M (and 200 employees to 1000). Managed all outside counsel. Involved in all strategic business decisions of the company. Efficient maintenance of legal department budget.
• Corporate Securities & Governance: Drafted and/or reviewed 10Ks, 10Qs, proxy statements and all SEC filings. Advised on selective disclosure, materiality determinations, guidance to analysts, insider trading, press releases, analyst and other securities issues. Contributed to Board/Committee meetings as corporate secretary. Collaborated with Chairman and management to establish agendas and prepare materials for meetings. Responsible for compliance with Sarbanes-Oxley and related SEC and NASDAQ legal requirements. Developed and implemented corporate policies worldwide, including insider trading, codes of conduct, corporate governance guidelines, communications policy, whistle-blower policies; created the Nominating & Corporate Governance committee; performed all duties customary to the office of corporate secretary.
• Commercial Transactions: Managed all aspects of M&A transactions (including the $30M acquisition of the NetCache product line from Network Appliance, Inc.) and subsequent integration. Negotiated and finalized a wide range of significant strategic partnerships with customers and partners. Drafted all corporate templates and associated legal policies.
• International: Responsible for corporate maintenance for over 25 corporate subsidiaries/branch offices/representative offices.
• Intellectual Property: Created patent committee and responsible for growth of the patent portfolio and all IP protection. Managed and successfully resolved all patent litigation.
• Miscellaneous: Successfully managed three SEC investigations a class action securities lawsuit and a derivative lawsuit.
VP Business Affairs, General Counsel & Secretary
CommerceNet Consortium, Inc.
2003 – 2004 (1 year)
• Created complex legal structure by incorporating six for-profit subsidiaries under a limited liability holding company with a single member, non-profit parent. Chief legal counsel for all entities - overseeing all legal issues, including software licensing, employee matters, corporate governance, intellectual property protection and partnership agreements. Assisted with strategy, analysis and reviewing investments for the parent entity. Performed all duties customary to the office of Secretary for parent entity.
P Corporate Development, General Counsel & Secretary
Perfect Commerce, Inc.
October 1999 – August 2003 (3 years 11 months)
• Chief legal counsel and core member of executive counsel for a software company selling a strategic sourcing application. Negotiated and finalized venture capital round of $40M with Mobius Venture Capital and New Enterprise Associates. Oversaw all legal issues, employee matters, litigation, corporate governance, intellectual property protection and negotiated/finalized significant software licensing and corporate partnering transactions with over 30 Fortune 1000 companies. Lead company through three acquisitions, including the acquisition of a public company going through bankruptcy. Oversaw all employee issues including the successful management of a trade secret infringement case. Performed all duties customary to the office of Secretary.
Gunderson DettmerAssociate
Gunderson Dettmer
September 1995 – October 1999 (4 years 2 months)
• Represented emerging growth companies in venture capital financings, corporate partnering, mergers and acquisitions, technology licensing, and intellectual property matters. Lead negotiator for strategic alliance deals with numerous Fortune 1000 companies (including Sony, Merrill Lynch, Intel). Frequent speaker at conferences on intellectual property, business negotiating and internet related agreements. Wrote sections of Corporate Partnering for Emerging Growth Companies, a handbook used extensively in the internet and computer law arena. Member of hiring committee (2 years) and co-chair of Summer Associate Program (1 year). Hired in-house by client Perfect Commerce, Inc.
