PARTNERS
Jeffrey R. Blease (Partner) admitted to bar, 1988, California; 1993, Minnesota; 2009, Massachusetts. Education: Colgate University (B.A., 1982); California Western School of Law (J.D., magna cum laude, 1987) Editor, California Western Law Review.
Jeffrey R. Blease is a partner with Foley & Lardner LLP and has practiced law for more than 22 years. He is chair of Foley's national Construction Practice and a member of the General Commercial Litigation Practice. He has achieved the highest rating for legal ability and ethics (A-V) from Martindale-Hubbell, the original attorney rating service.
Throughout his career, Mr. Blease has represented clients in a broad range of industries, including construction, land development, education, financial services, biotechnology, insurance, surety, real estate investment, manufacturing, franchising, and publishing. He has represented municipalities, school districts and other governmental entities. He has litigated in several Federal jurisdictions and a dozen different states. He has handled arbitrations in many different forums and mediated more than one hundred cases under the rules of several different organizations. As a relationship partner, he uses his broad experience to successfully undertake the role of the "go to" partner for the client to access all of the substantive and administrative capabilities of Foley.
Construction:
Mr. Blease represents owners, developers, contractors subcontractors and consultants throughout all phases of a project. He provides "shovel to gavel"® representation, handling all legal aspects of a construction project, including permitting, zoning, licensing, environmental, bid protests, contract, financing, insurance and performance issues, including disputes with owners, contractors, consultants, subcontractors, suppliers and others.
Transactional:
Mr. Blease uses his extensive experience in litigation to assist his clients in the drafting and negotiation of general contracts, subcontracts, consultant agreements, development agreements and other project related documents. He has negotiated contracts on projects ranging from 10 million to several hundred million dollars.
A representative sample of his construction contracts include:
· Development of national forms used to construct more than 300,000 units of multi-family housing for a national contractor;
· Development of hard and soft cost contracts for construction of high rise condominiums; for owners and contractors;
· Negotiation of general contracts and subcontracts for schools, water treatment plants and city administration buildings for public owners and contractors; and
·Negotiation of highway contracts, sewer, water and storm drain contracts and other infrastructure contracts for both owners and contractors.
Construction Litigation:
He has extensive jury trial, court trial and arbitration experience in complex matters. Mr. Blease believes in a team approach to litigation and has a team of dedicated associates and paralegals knowledgeable in the nuances of the industry and skilled in the use of technology in document intensive cases. He has successfully handled construction litigation cases involving dams, highways, bridges, canals, commercial and residential subdivisions, office buildings, high rise structures, medical laboratories, apartments, hotels, schools and many other projects.
A representative sample of his construction litigation results include:
· Successful resolution of all claims for an owner on a $205 million dollar high rise medical facility without litigation, liens or claims being filed, despite design issues, significant delays and dozens of unresolved change orders and tens of millions in dollars in damages;
· Successful resolution of significant delay claims on a $70 million dollar office facility;
· Defense verdict after trial in a public works bid dispute between a general contractor and a subcontractor;
· Dismissal of a $5 million dollar delay claim between a general contractor and a framing subcontractor after discovery;
· Successful rejection of all bids in a public works dispute involving a bid protest by a general contractor;
· Settlement of millions of dollars in claims after a default by a concrete contractor on a multi story apartment project;
· Representation of surety after default on a public works project involving multiple prime contractors and resolution of all claims;
· Innovative resolution of school district claims against prime concrete contractor requiring a 50 year pre-paid coating and coating maintenance and replacement bond for aesthetically unsuitable concrete panels on the critical path; and
· Favorable settlement for owner after multi-building dry fire sprinkler system failure and tenant disruption.
General Commercial Litigation:
Over the past 22 years, Mr. Blease has garnered a wide range of experience in general commercial litigation. He has handled matters involving unfair competition, trade secrets, shareholder disputes, consumer class actions, partnership disputes, property tax appeals, real estate ownership and title issues, franchise disputes, financial fraud and embezzlement, insurance coverage disputes, employment litigation, and other substantive areas. Through this broad exposure to complex, high stakes litigation, Mr. Blease developed a unique ability to manage cases and ensure clear and thoughtful client communication on risks and strategies. He takes a keen interest in the business interests of each client, striving to fully understand goals and internal strategies to focus litigation efforts. He has extensive court and jury trial experience in commercial cases.
A representative sample of his commercial litigation results include:
· Defense judgment in a breach of fiduciary duty case after a two week trial;
· Settlement of claims by minority shareholder in corporate dissolution action involving a successful race track;
· $6.2 million dollar verdict for the landowner after six week trial in an eminent domain case;
· Settlement in a confidential sum after obtaining the highest known award in an eminent domain case in County history;
· Dismissal of all claims against a financial institution resulting from an alleged fraud and embezzlement scheme; and
· Settlement of a bad faith insurance case for an amount well in excess of the policy limits.
Prior to joining Foley, Mr. Blease was founder and managing partner of Blease & Zuccaro, LLP, with offices in Minnesota and California. Mr. Blease received his J.D., magna cum laude, from the California Western School of Law in 1987, where he was an editor of the California Western Law Review. He received his B.A. from Colgate University in 1982. Mr. Blease is admitted to practice in California, Minnesota and Massachusetts. He is a member of the American Bar Association, the San Diego County Bar Association and the Associated General Contractors of America (San Diego Chapter).
Mr. Blease served on the Sartell, Minnesota City Council for 10 years, served as acting mayor, chaired the Public Works Commission, and served on the Economic Development Commission and the St. Cloud Area Planning Organization.
Member: American Bar Association; San Diego County Bar Association.
Practice Areas: Construction; General Commercial Litigation.Email: Jeffrey R. Blease
Peter J. Elias (Partner) admitted to bar, 1993, California. Education: University of Pittsburgh (B.A., Political Science and Business Administration, magna cum laude); University of California, Hastings School of Law (J.D., 1992); New York University School of Law (LL.M., Taxation, 1993).
Peter Elias is a partner with Foley & Lardner LLP. He is a member of the firm's Private Equity & Venture Capital and Tax & Individual Planning Practices and the Senior Living and Hospitality, Resort & Golf Industry Teams.
Mr. Elias' practice focuses on the structuring and implementation of tax-advantaged structures for a wide range of business and investment transactions, including those involving corporations, limited liability companies, partnerships, REITs and other investment entities, and in devising and structuring complex financing arrangements and tax strategies for corporations and individuals.
Mr. Elias has significant experience in the representation of sponsors in connection with the formation, tax planning and structuring of investment funds, both domestic and cross-border, including private equity, venture capital, real estate and hedge funds, and other pooled investment vehicles. Mr. Elias also assists these clients and others in connection with tax planning and structuring for a broad range of investment transactions, including mergers and acquisitions, joint ventures, equity and debt financings, buy-outs, divestitures and restructurings. He has structured numerous transactions involving non-U.S. and/or tax-exempt investors, including those related to on and off-shore private equity, real estate and hedge funds.
Mr. Elias received his J.D. from the University of California, Hastings School of Law in 1992, and his LL.M. in taxation from the New York University School of Law in 1993. He graduated, magna cum laude, from the University of Pittsburgh with a B.A. in political science and business administration. He was admitted to the California state bar in 1993.
Practice Areas: Private Equity & Venture Capital; Tax & Employee Benefits.Email: Peter J. Elias
Lynn R. Goodfellow (Partner) admitted to bar, 1994, California. Education: Western Michigan University (B.B.A., 1984); California Western School of Law (J.D., 1994); University of San Diego School of Law (LL.M., Employment and Labor Law, 1995).
Lynn R. Goodfellow is a partner with Foley & Lardner LLP. She is a member of the Labor & Employment Practice and the Health Care Industry Team. Her primary concentration is in health care and public agencies.
Ms. Goodfellow provides employers with advice on a variety of labor and employment matters, including wage and hour compliance, sexual harassment prevention and training, labor law compliance, workers' compensation, disability, non-discrimination, and mandatory leaves of absence. Ms. Goodfellow also represents clients in complaints filed with regulatory agencies such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the Department of Labor Standards Enforcement and CalOSHA. Ms. Goodfellow counsels employers on affirmative action obligations under Executive Order 11246, affirmative action plans, AAP audits, and all matters involving the OFCCP.
In addition to counseling and advice, Ms. Goodfellow also represents clients in employment litigation, including law and motion practice, administrative hearings, depositions and mediation.
Prior to joining the firm, Ms. Goodfellow worked for more than 10 years in the human resources field, spending the last five of those years in human resources management.
Ms. Goodfellow is a graduate of the University of San Diego School of Law (LL.M., employment and labor law, 1995), California Western School of Law (J.D., 1994) and Western Michigan University (B.B.A., 1984).
She was admitted to the California Bar in 1994 and is a member of the Employment and Labor Law Section of the American Bar Associations.
Member: American Bar Association (Member, Employment and Labor Law Section).
Practice Areas: Labor & Employment.Email: Lynn R. Goodfellow
Samuel F. (Sam) Hoffman (Partner) admitted to bar, 1982, California. Education: San Diego State University (A.B., 1979); University of California, Hastings College of the Law (J.D., 1982).
Samuel F. Hoffman is a partner with Foley & Lardner LLP. He is a member of the firm's Tax & Individual Planning and Tax & Employee Benefits Practices, as well as the Health Care Industry Team. Mr. Hoffman represents health care providers and governmental entities throughout California and the United States in employee benefits matters, with emphasis on such matters as pension plans, executive deferred compensation programs, health plans, bonus programs, compensation matters, and insurance issues.
Mr. Hoffman serves as benefits counsel to several nationwide health care organizations. Mr. Hoffman's long-standing relationships with these clients have enabled him to become familiar with all aspects of benefit law in the health care arena.
Mr. Hoffman is a graduate of University of California Hastings College of the Law (J.D., 1982), and San Diego State University (A.B., 1979). He was admitted to the California Bar in 1982.
Practice Areas: Labor & Employment; Tax & Employee Benefits.Email: Samuel F. (Sam) Hoffman
Richard A. (Rick) Kaufman (Partner) admitted to bar, 1976, Missouri; 1993, California. Education: University of Wisconsin - Madison (B.A., 1972); Washington University School of Law in St. Louis (J.D., 1976).
Richard Kaufman is a partner with Foley & Lardner LLP and a member of the firm's Private Equity & Venture Capital and Transactional & Securities Practices. He is also a member of the Life Sciences Industry Team.
Mr. Kaufman has significant experience with a wide variety of corporate and securities transactions for companies in the life sciences industry, including developers of drugs, biologics, medical devices, and discovery and informatics tools. His practice includes structuring and negotiation of strategic partnerships and collaborations, technology transfers and licenses, spin-out transactions, manufacturing agreements, and clinical research agreements, as well as engagements for public offerings, private placements, mergers, acquisitions, and divestitures.
For 14 years, Mr. Kaufman served as general counsel of public life sciences companies engaged in the development and manufacture of proteins, peptides, small molecules and medical devices, as well as predictive in silico drug discovery tools.
Mr. Kaufman has represented clients in, among other matters, dozens of strategic partnership, licensing and collaboration negotiations with companies including Novartis, Hoffmann - La Roche, Amgen, Genentech, AstraZeneca, Wyeth, Johnson & Johnson, Eli Lilly, Chiron, Biogen, Genzyme, Baxter, SmithKline, Warner-Lambert, G.D. Searle, Ciba-Geigy, Chugai, Astellas, Ono and others. He has been responsible for the negotiation of well over 100 manufacturing and development agreements for biologics, drugs and medical devices, and for the negotiation of hundreds of clinical trial agreements, agreements with clinical research organizations and other clinical development service providers.
Mr. Kaufman was a partner with Heller Ehrman LLP before joining Foley in 2008. Prior to joining Heller Ehrman, Mr. Kaufman's in-house positions included general counsel to Trega Biosciences, Inc.; senior vice president, corporate development and law at Integra LifeSciences Corporation; vice president, secretary, and general counsel at Telios Pharmaceuticals, Inc.; and executive vice president, secretary, and general counsel at Invitron Corporation, a spin-off of Monsanto Company. Prior to moving in-house, Mr. Kaufman was a partner at Peper, Martin, Jensen, Maichel and Hetlage in St. Louis, Missouri, where he practiced for nine years. Previously, he served as a law clerk to the Honorable Robert E. Seiler, Chief Justice of the Missouri Supreme Court.
Mr. Kaufman is a member of the board of directors of BIOCOM.
He received his law degree from the Washington University School of Law in St. Louis (J.D., 1976) and his baccalaureate degree from the University of Wisconsin - Madison (B.A., 1972).
Mr. Kaufman is admitted to practice in California and Missouri.
Practice Areas: Private Equity & Venture Capital; Transactional & Securities.Email: Richard A. (Rick) Kaufman
Adam C. Lenain (Partner) admitted to bar, 1996, California. Education: Yale University (B.A., Economics and Political Science, 1992); University of San Diego School of Law (J.D., magna cum laude, 1996) Order of the Coif; Member, San Diego Law Review.
Adam Lenain is a partner with Foley & Lardner LLP. He is a member of the firm's Transactional & Securities and Private Equity & Venture Capital Practices, as well as the Life Sciences, Emerging Technologies and Energy Industry Teams.
Mr. Lenain represents public and private companies primarily in the life sciences and information technology sectors, regarding equity and debt financings, mergers and acquisitions, complex commercial transactions, licensing and collaborations, and general corporate matters.
Prior to joining Foley, Mr. Lenain was the general counsel of Advanced Molecular Sciences, Inc., a privately held biotechnology company. Prior to that time, Mr. Lenain was an associate at Cooley Godward LLP.
Mr. Lenain's experience includes:
· Representing issuers and investment banking firms in connection with equity and debt financings, including common and preferred stock, convertible debt and PIPEs
· Representing buyers and sellers in connection with acquisitions, including structuring and negotiating mergers, asset acquisitions and sales of stock for both private and public companies
· Structuring and negotiating complex commercial agreements, including collaboration agreements, license agreements, joint ventures and development agreements
· Advising private and public companies regarding corporate governance matters and regulatory compliance (including SEC and the Sarbanes-Oxley Act)
· Representing and counseling companies in various stages of development
Mr. Lenain received his J.D. from the University of San Diego School of Law (magna cum laude, 1996), where he was admitted to the Order of the Coif and served as a member of the San Diego Law Review. He graduated from Yale University in 1992 with a B.A. in economics and political science.
Mr. Lenain is admitted to practice in California.
Practice Areas: Private Equity & Venture Capital; Transactional & Securities.Email: Adam C. Lenain
Michael P. (Mike) McCloskey (Partner) admitted to bar, 1982, California; United States Supreme Court; 9th Circuit Court of Appeals; All Federal District Courts in California. Education: University of Southern California (B.S., cum laude, 1976); McGeorge School of Law, University of the Pacific (J.D., 1982).
Michael P. McCloskey is a partner with Foley & Lardner LLP and is a member of the firm's Securities Enforcement & Litigation and General Commercial Litigation Practices. His practice focuses on complex commercial matters involving federal securities fraud, state and federal derivative actions and anticompetitive business practice claims. He defends publicly traded corporations and their officers and directors before the SEC and in major securities class actions. He also advises his clients on corporate governance measures and best business practices to minimize litigation risk. If circumstances warrant, Mr. McCloskey will assemble, organize and lead an internal investigation requested by the company's audit or special litigation committee.
Mr. McCloskey's clients include the boards of directors and audit committees of consumer product companies, computer manufacturers, electronics companies, high-tech communications companies, oil and gas exploration companies, and pharmaceutical companies. Mr. McCloskey is a frequent lecturer on current securities litigation issues and corporate governance matters. He also teaches trial skills and is certified as an instructor by the National Institute of Trial Advocacy.
Mr. McCloskey was selected for inclusion in the 2008 and 2009 San Diego Super Lawyers® lists in the areas of Securities Litigation and Business Litigation.
Mr. McCloskey received his undergraduate degree from the University of Southern California (B.S., cum laude, 1976), and his law degree from McGeorge School of Law, University of the Pacific (J.D., 1982). He was a staff writer and managing editor for the Pacific Law Journal.
Mr. McCloskey retired as a colonel in the Marine Corps Reserves with 30 years of service. Before his civilian practice, he spent six years prosecuting criminal cases and defending the Department of Navy and the Secretary of the Navy in federal district courts and circuit courts of appeal.
He is admitted to the State Bar of California and is admitted to practice before the United States Supreme Court, the 9th Circuit Court of Appeals, and all federal district courts in California. Mr. McCloskey is a master in the American Inns of the Court, a member of the American Bar Association and the San Diego County Bar Association, and a lifetime member of Phi Delta Phi legal fraternity. Mr. McCloskey serves on the San Diego Board of Governors for the Association of Business Trial Lawyers.
Selected Publications:
· "The Importance of Good Governance," Compliance Issues and Trends, Aspatore Books, 2008
· "Shareholder Activism," with Katherine P. Soby, San Diego Financial Executives International News, May 2008
· "Relief From Increasing Cost of SOX," San Diego Financial Executives International News, September 2007
· Compliance with Sarbanes-Oxley Section 404, San Diego Daily Transcript, May 26, 2005
· "Increased Cost of Compliance: Auditors, Section 404 and Auditing Standard No. 2," with Scott Seabolt, D&O Advisor, August 13, 2004
Recent Presentations:
· Point/Counterpoint Presentation on Securities Litigation with William Lerach to San Diego County Bar Association (April 2007)
· Presentation on Sarbanes-Oxley Application to Private Companies to Association of Corporate Counsel (January 2007)
· Presentation on Privacy and Security Litigation to Association of Corporate Counsel (November 2006)
· Presentation on Technical Difficulties at Trial at Association of Business Trial Lawyers Annual Seminar (October 2006)
· Presentation on Defending Class Actions at Business Litigation Conference, Orlando, Fla. (December 2005)
· Presentation on Loss Causation in Securities Class Actions with William Lerach of Lerach Coughlin Stola Gellar Rudman & Robbins and Michael Zartman of Genesis Insurance Company at conference sponsored by San Diego Daily Transcript (June 2005)
· Presentation on Class Action Securities Litigation, Derivative Actions, and Corporate Governance with William Sullivan of Paul Hastings Janofsky & Walker and Scott Wolfe of Latham & Watkins at conference sponsored by Corporate Directors Forum (June 2005)
· Presentation on Corporate Governance after Sarbanes-Oxley with William Lerach of Milberg Weiss Bershad Hynes & Lerach and John Moulton of Deloitte & Touche at conference sponsored by Financial Executives International and Association of Corporate Counsel of America (October 2002)
Member: American Bar Association; San Diego County Bar Association; Association of Business Trial Lawyers (Member, San Diego Board of Governors).
Practice Areas: General Commercial Litigation; Securities Enforcement & Litigation.Email: Michael P. (Mike) McCloskey
Richard L. (Rich) Moskitis (Partner) admitted to bar, 1976, California. Education: Stanford University (B.A., 1973); University of Southern California Law Center (J.D., 1976) Order of the Coif; Editor, Southern California Law Review; Graduated First in Class.
Richard L. Moskitis is a partner with Foley & Lardner LLP. He is a member of the firm's Real Estate Practice and leads the firm's focus on Public Private Partnerships.
Mr. Moskitis has been responsible for hundreds of real estate acquisitions, dispositions and developments throughout the United States. Mr. Moskitis has over 30 years of experience in a broad range of business and real estate matters, including the formation of opportunity funds and investment entities, purchases, sales, exchanges, joint ventures, financing, commercial leasing, development, construction, brokerage and property management. He has worked on properties being developed for solar energy farm projects as well as oil field co-generation facilities and related easements. Mr. Moskitis has been responsible for the real estate aspects of public private partnership projects involving billions of dollars of developments across the United States.
Mr. Moskitis is a graduate of the University of Southern California Law Center, where he was an editor of the Southern California Law Review, elected to the Order of the Coif, and graduated first in his class. He received his undergraduate degree from Stanford University.
Mr. Moskitis is a member of the California Bar.
Practice Areas: Real Estate.Email: Richard L. (Rich) Moskitis
Kenneth D. Polin (Partner) admitted to bar, 1978, California. Education: American University (B.A., summa cum laude, 1975); Georgetown University Law Center (J.D., magna cum laude, 1978) Member, Georgetown University Law Review.
Kenneth D. Polin is a partner with Foley & Lardner LLP and a member of the firm's Private Equity & Venture Capital and Transactional & Securities Practices, as well as the Emerging Technologies, Entertainment & Media, and Life Sciences Industry Teams.
Mr. Polin has over 25 years of experience in the areas of securities, venture capital, mergers and acquisitions, and other financing transactions. He concentrates his practice on corporate and securities law with an emphasis on representation of emerging and public technology and growth companies. He also has extensive experience representing venture capital and other investors. Mr. Polin has managed a broad range of major business transactions for these entities, including private placements and public offerings; mergers, acquisitions and spin-offs; joint ventures and other strategic collaborations; and commercial transactions, such as bank credit lines, lease lines and off-balance sheet financings. He has been counsel to companies in the biotechnology, media, communications, hardware, healthcare, medical device, software and telecommunications industries. These companies range from start-ups to companies with hundreds of millions of dollars in annual revenues. He also regularly represents finance companies in a variety of consumer and commercial finance transactions. He joined Foley in 2001 after having previously been a partner in several other major national law firms.
Mr. Polin is a member of the California State Bar and the San Diego Bar Association. He is extremely active in community affairs as a member of the board of directors of the Lawrence Family Jewish Community Centers of San Diego County, where he previously served as president. He also is a board member of the UCSD Cancer Center Foundation, and is an executive board member and assistant treasurer of the United Jewish Federation of San Diego.
Mr. Polin received his bachelor's degree, summa cum laude, from American University in 1975. His J.D. degree was conferred, magna cum laude, in 1978 by Georgetown University, where he was a member of the Georgetown University Law Review.
Member: State Bar of California; San Diego Bar Association.
Practice Areas: Private Equity & Venture Capital; Transactional & Securities.Email: Kenneth D. Polin
S. Wayne (Wayne) Rosenbaum (Partner) admitted to bar, 1996, California. Education: Rutgers University (B.A., Mathematics and Chemistry; Masters Degree in Administration); California Western School of Law (J.D.).
S. Wayne Rosenbaum is a partner at Foley & Lardner LLP, resident in the firm's San Diego office, where he is a member of the Environmental Regulation Practice and the firm's Hospitality, Resort & Golf, and Energy Industry Teams. He concentrates on environmental issues such as the development of cost-effective compliance strategies for real estate and industrial clients regulated under the storm water provisions of the Clean Water Act, Endangered Species Act, and other state and federal resource statutes. Relying on his broad experience with environmental permits and environmental management systems, Mr. Rosenbaum helps his clients develop and implement solutions to environmental regulations that are both legally defensible and economically sustainable. Mr. Rosenbaum also assists his clients in defending their regulatory compliance programs against challenges by regulatory agencies and environmental groups.
Before entering private practice, Mr. Rosenbaum served with the Department of the Navy, Office of General Counsel, where he concentrated on the transfers of contaminated properties under the Base Realignment and Closing Act, confidentiality of environmental audits, waste minimization plans, regulation of storm water discharges at federal facilities, and interagency funding of environmental projects.
Before working with the Navy, Mr. Rosenbaum spent 18 years as an executive in the environmental services industry. Most recently, he served as executive vice president and chief operating officer of Recontek, where he led a team of environmental professionals that successfully obtained RCRA Part B permits in seven states. Prior to joining Recontek, Mr. Rosenbaum served as assistant vice president for Eticam, where he was responsible for environmental permitting of new facilities.
Mr. Rosenbaum is the author of ISO 14001 and the Law, the first definitive text to consider the legal issues raised by the international environmental standard on companies, consultants and registrars. He teaches auditing to applicants for the ISO 14001 lead auditor certification as well as water rights and land use planning classes at the Thomas Jefferson School of Law.
Mr. Rosenbaum received his J. D. from California Western School of Law. Rutgers University awarded him a Master's degree in administration and a Bachelor's degree in mathematics and chemistry. He is a member of the California Bar and licensed by the state of California as a registered environmental assessor. He also services on the San Diego Building Association water committee.
Practice Areas: Environmental Regulation; Hospitality, Resort and Golf; Energy.Email: S. Wayne (Wayne) Rosenbaum
Andrew B. (Andy) Serwin (Partner) admitted to bar, 1995, California; 2001, U.S. District Court, Southern, Central, Northern and Eastern Districts of California and U.S. District Court, Northern District of Illinois; 2002, U.S. Court of Appeals, Ninth Circuit. Education: University of California, San Diego (B.A., cum laude, 1992); University of San Diego School of Law (J.D., cum laude, 1995).
Andrew B. Serwin is the founding chair of the Privacy, Security & Information Management Practice and is a partner in the San Diego office of Foley & Lardner LLP. He is a member of the Intellectual Property Litigation, Information Technology & Outsourcing, General Commercial Litigation, Private Equity & Venture Capital, and the Trademark, Copyright & Advertising Practices. He is also a member of the Emerging Technologies, Life Sciences, and Health Care Industry Teams. He is also co-chair of Foley's Privacy Litigation Task Force.
Mr. Serwin has extensive experience in privacy and security matters, including state, federal and international restrictions on the use and transfer of information, behavioral advertising, security breach compliance, incident response, marketing restrictions, the drafting and implementation of privacy and security policies, content monitoring, as well as data transfers in the context of M&A and technology transactions. Mr. Serwin also advises media and Internet companies regarding online contracting issues, licensing issues, domain name issues, and intellectual property issues, as well as litigation resulting from information security incidents.
Mr. Serwin has unique experience in representing start-up and Internet companies because he served as president and general counsel of an online political magazine, InPolitics.com. Mr. Serwin has broad experience in technology and business law, including corporate finance, partnership law, securities, e-commerce, software development and licensing, intellectual property licensing and protection, manufacturing and distribution arrangements, joint ventures, information technology transactions, as well as real estate transactions. He has also advised hedge funds and broker dealers in a variety of transactions.
Mr. Serwin's litigation practice includes unfair competition matters; intellectual property litigation; privacy; corporate governance disputes; complex commercial litigation; e-commerce matters; partnership disputes and real property matters.
Mr. Serwin was ranked by Chambers USA - 2009 in the area of National: Privacy & Data Security, where he was described by clients as "a tireless worker, holding onto the ever-shifting puzzle pieces of the law in this area in a way that other privacy lawyers cannotas well as by Legal 500 in Data Protection and Privacy, where he drew praise from clients for being "a trustworthy and approachable lawyer" and "intelligent and capable." He is also AV-rated by Martindale-Hubbell, was selected for inclusion in the 2007-2009 San Diego Super Lawyers® lists and was previously identified as one of the leading intellectual property attorneys by the Daily Transcript in its 2005 "Top Attorneys List." He was also selected by his peers for inclusion in The Best Lawyers in America® 2010 in the field of information technology law.
He is the author of "Information Security and Privacy: A Practical Guide to Federal, State and International Law," a 3,600 page treatise that examines all aspects of privacy and security laws, including privacy litigation and insurance privacy, published by Thomson-West which has been called "the best privacy sourcebook," "an indispensible resource for privacy professionals at all levels," and "a book that everybody in the information privacy field should have on their desk." Mr. Serwin is also the author of the "Internet Marketing Law Handbook," also published by Thomson-West, which covers topics such as privacy and security, commercial e-mail laws, spyware and unfair competition law. He is also the author of "Poised on the Precipice: A Critical Examination of Privacy Litigation," which was selected for publication by the Santa Clara Computer and High Technology Journal, and "Privacy 3.0-The Principle of Proportionality," accepted for publication by the University of Michigan Journal of Law Reform. He has written over 70 articles and presented over 90 times on litigation and privacy topics.
Mr. Serwin serves on the Privacy Steering Committee and Red Flags Task Force for a major utility, is a member of the RIM Council of the Ponemon Institute, LLC, a group that brings together information management professionals from privacy and data protection disciplines to develop solutions to challenges facing an organization's acquisition, use, storage, transfer and disposal of information assets. Mr. Serwin serves on the privacy and the legal subcommittees of the Privacy & Security Advisory Board of the California Health and Human Services Agency by the California Office of HIPAA Implementation. The committee is charged with developing standards for California's Interoperable Health Information Exchange for electronic health information, which includes creating and adopting a process to develop and set overall standards, overseeing the coordination, analysis, and promulgation of privacy and security requirements for the Health Information Exchange, researching and developing model contracts and related documents, and providing guidance regarding the interaction of HIPAA and California law. He is also a member of the San Diego Chapter of the San Diego FBI Infragard Group, an organization dedicated to promoting ongoing dialogue and timely communication between information technology companies and the FBI. As a member, he receives daily, non-public briefings on information security and other threats, including early warnings about new attacks on financial services companies or healthcare providers. He is also the former co-chair of the California State Bar's Cyberspace Law Committee, and the former chair of the San Diego County Bar Association's Web site Committee from 2002-2004. Mr. Serwin is also a frequent presenter and commentator on technology and legal matters. He is also a columnist for The Daily Transcript on technology issues.
Mr. Serwin serves on the editorial board of Thomson-West's Cyberspace Lawyer, as well as the Privacy and Information Law Report. He is also a member of the Publications Board of the Business Law Section of the American Bar Association.
Mr. Serwin is a graduate of the University of San Diego School of Law (J.D., cum laude, 1995), where he was a member of the Order of the Coif. He earned his B.A. in political science, cum laude, from the University of California, San Diego in 1992. Mr. Serwin is admitted to practice law in California.
Representative Matters:
· People of the State of New York v. Synergy 6, Inc., et al., Mr. Serwin represented two of the defendants in an action brought by Eliot Spitzer arising out of the alleged improper sending of commercial e-mails.
· Represent Fortune 50 company in a multi-state Attorney General investigation arising out of false claims allegations.
· Hyundai Motor Company-Daimler Chrysler de Mexico Distribution Agreement, transaction value in excess of $1,000,000,000.
· Latin American Manufacturing and Consumer Product Assets Joint Venture, $1,100,000,000.
· Huntington Beach Hummer v. AM General, et al., Mr. Serwin represented three automobile dealers in an action alleging a violation of California's Unfair Competition Law. Mr. Serwin's clients were dismissed for a waiver of costs, though other defendants had a multi-million dollar verdict entered against them.
· Memon v. Global Cyber Strategies, Inc., et al., Mr. Serwin represented Provide Commerce, Inc. in an action arising out of the alleged violation of California's anti-spam laws.
· Advised social networking site regarding privacy concerns.
· Advised companies on processing of protected health information to foreign countries, including India.
· Represent company in action alleging violation computer crime laws based upon misuse of confidential and personally identifiable information.
· Drafted privacy policies and Web-related agreements for MP3.com, RollingStone.com, and emusic.com.
· Lamon & Stern v. Capstone Investments, Inc., Mr. Serwin represented a broker dealer in a NASD arbitration brought by another broker dealer and affiliated individuals.
· Sale of real property, value in excess of $30,000,000.
· Bridge loan secured by film distribution proceeds, $18,000,000.
· Drafted content and license agreements for international content provider and publisher.
· Drafted numerous software license, development and Web-related agreements for technology companies.
· People of the State of California v. American Home Craft, Inc., et al., Mr. Serwin represented the defendants in an action brought by the California Attorney General alleging a violation of the federal Do-Not-Call Act and California's Unfair Competition Law.
Practice Areas: General Commercial Litigation; Insurance & Reinsurance Litigation; IP Litigation; Information Technology & Outsourcing; Labor & Employment; Privacy, Security & Information Management; Private Equity & Venture Capital; Trademark, Copyright & Advertising.Email: Andrew B. (Andy) Serwin
Van A. Tengberg (Partner) admitted to bar, 1982, California. Education: University of California in Davis (B.A., 1979); McGeorge School of Law (J.D., 1982); University of San Diego (LL.M., Taxation, cum laude, 1987).
Van A. Tengberg is a partner with Foley & Lardner LLP, where he is managing partner of the San Diego and Del Mar offices, co-chair of the Hospitality, Resort & Golf Industry Team and chair of the firm's West Coast Real Estate Practice. He is also a member of the Real Estate and Finance & Financial Institutions Practices and the Sports Industry Team. Mr. Tengberg's practice centers on real estate acquisition and development, with a primary focus on golf course and resort facilities, shopping centers, hotels, office complexes and industrial business parks.
Mr. Tengberg is actively involved and is highly experienced in providing comprehensive legal services in connection with the acquisition, planning, permitting, financing, construction and development of all types of commercial urban and regional development, redevelopment and revitalization projects, including regional shopping malls, power centers, entertainment centers, retail centers, hotels, commercial office buildings and complexes and industrial business parks.
Mr. Tengberg also has substantial experience in the negotiation and preparation of sophisticated and intricate partnership agreements, joint venture agreements and limited liability company operating agreements with respect to these types of commercial real estate developments. His real estate and tax background and experience make him uniquely qualified to handle these types of projects.
Mr. Tengberg actively represents lenders and borrowers in a wide variety of commercial real estate lending transactions, including construction loans, mini-perm loans, permanent loans, securitized loans, mezzanine financing and all other commercial real estate financing transactions.
Mr. Tengberg is highly skilled in all phases of golf course and resort acquisition and development. He coordinates the entire due diligence process and is involved in all aspects of the proposed acquisition or development, including operations, memberships, contract review, financial analysis, land use, zoning, entitlements, water rights, effluent, wetlands, sensitive habitat and hazardous materials remediation. He participates in the negotiation and preparation of the definitive purchase and sale agreement and related documents and agreements, together with all other documentation necessary to reflect the inter-relationships of the golf course and the surrounding community or resort. This includes development agreements, access agreements, utility and drainage easements, cost-sharing agreements and reciprocal use agreements.
Mr. Tengberg has extensive experience in forming and structuring both equity and non-equity private golf clubs. This includes structuring the equity/non-equity membership program in conformance with applicable federal and state securities laws and regulations, federal and state income tax laws and regulations and state and local property tax laws. Mr. Tengberg is also experienced in all areas relating to club operations, including the preparation and review of membership bylaws, rules and regulations, management agreements, food and beverage concession agreements, licenses and permits, CC&Rs, environmental issues, equipment lease agreements, sales and marketing programs, and employment agreements.
He is active in various charitable organizations in the greater San Diego area including serving as a scout leader with The Boy Scouts of America, serving as a member of the board of directors of the Southern California Chapter of the Cystic Fibrosis Foundation, and serving as a member of the board of directors of the Sabin Children's Foundation.
Mr. Tengberg received his J.D. from McGeorge School of Law (1982) and an LL.M. in taxation from the University of San Diego (cum laude, 1987). He earned his B.A. from the University of California in Davis (1979). Mr. Tengberg is admitted to practice law in California.
Practice Areas: Finance & Financial Institutions; Real Estate.Email: Van A. Tengberg
SPECIAL COUNSEL
David A. Charapp (Special Counsel) admitted to bar, 1997, Pennsylvania; 2000, California. Education: University of North Carolina at Chapel Hill (B.S., with distinction, 1994); Boston College Law School (J.D., magna cum laude, 1997). Member: State Bar of California. Practice Areas: Business Law; Joint Ventures; Emerging Growth Companies; Mergers and Acquisitions; Securities; Life Sciences; Private Equity.Email: David A. Charapp
Van E. Haynie (Special Counsel) admitted to bar, 1984, California. Education: University of Utah (B.A., 1981); J. Reuben Clark Law School, Brigham Young University (J.D., cum laude, 1984). Director, Moot Court Program, Brigham Young University, 1983. Partner, Ross, Dixon & Bell. Member: San Diego and American Bar Associations. Practice Areas: Business Law; Commercial Transactions; Information Technology; Emerging Growth Companies; Life Sciences; Biomedical Technology; Securities; Mergers and Acquisitions; Equity Finance; Venture Finance.Email: Van E. Haynie
SENIOR COUNSEL
Adrian R. Cyhan (Senior Counsel) admitted to bar, 2000, Illinois and U.S. District Court, Northern District of Illinois; 2008, California; registered to practice before U.S. Patent and Trademark Office. Education: University of Notre Dame (B.S., 1991); University of Michigan (J.D., 2000). Languages: Ukrainian. Practice Areas: Intellectual Property; Electrical Intellectual Property; Life Sciences; Automotive; Nanotechnology; Emerging Technologies; China.Email: Adrian R. Cyhan
Adam O'Farrell (Senior Counsel) admitted to bar, 2000, California. Education: Brigham Young University (B.S., 2000; M.Acc., Taxation, 2000; J.D., magna cum laude, 2000). Order of the Coif. Senior Editor, Brigham Young Law Review, 1999-2000. Member: San Diego County Bar Association; State Bar of California. Languages: Korean. Practice Areas: Emerging Growth Companies; Joint Ventures; Mergers and Acquisitions; Private Equity.Email: Adam O'Farrell
Amie Singer Piccola (Senior Counsel) admitted to bar, 2000, California. Education: University of Florida, Gainesville (B.A., Political Science, 1996); Emory University (J.D., 2000). Practice Areas: Business Law; Information Technology; Securities; Mergers and Acquisitions; E-Commerce; Commercial Transactions; Business Planning; Private Equity; Venture Capital.Email: Amie Singer Piccola
Barry J. Tucker (Senior Counsel) admitted to bar, 1993, California. Education: University of California at Los Angeles (B.A., magna cum laude, 1989); University of California, Hastings College of the Law (J.D., magna cum laude, 1992). Phi Beta Kappa; Phi Eta Sigma; Thurston Society; Order of the Coif. Member, Judge Enright Inn of Court. Editor, Hastings Law Journal, 1991-1992. Volunteer, Parole, Inc. Member: San Diego County and American Bar Associations; State Bar of California (Delegate, Convention's Conference of Delegates); Legal Aid Society of San Diego, Inc. (Vice President, Board of Directors); San Diego Volunteer Lawyers Program; BIOCOM; San Diego Telecom Council. Practice Areas: Intellectual Property Litigation.
OF COUNSEL
Victor A. Vilaplana (Of Counsel) admitted to bar, 1973, California. Education: San Diego State University (B.A., with honors, 1968); George Washington University (M.A., with highest honors, 1970); Stanford University (J.D., 1973).
Victor A. Vilaplana is of counsel with Foley & Lardner LLP. He is a member of the firm's Bankruptcy & Business Reorganizations and International Practices and Automotive Industry Team. Mr. Vilaplana focuses his practice on the handling of insolvency matters, particularly complicated business bankruptcies and international transactions. His experience includes representing multiple industries with Chapter 11 cases.
Prior to joining Foley, Mr. Vilaplana was a shareholder of Seltzer Caplan McMahon Vitek and a managing partner of the San Diego office of Sheppard, Mullin, Richter & Hampton.
Mr. Vilaplana is a graduate of Stanford University (J.D., 1973), George Washington University (M.A., with highest honors, 1970) and San Diego State University (B.A., with honors, 1968).
He is a frequent lecturer for the California Continuing Education of the Bar, Practicing Law Institute, Law Education Institute, and National Institute of Trial Advocacy on the topics of insolvency, uniform commercial code, and various U.S./Mexico related issues, such as real estate ownership, commercial law, equipment leasing and debtor/creditor relations. He is also an ALI-ABA lecturer on practice under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).
Mr. Vilaplana has authored articles on the administration of multi-national bankruptcies and prepackage Chapter 11 plans of reorganization. He is co-editor of Advanced Chapter 11 Bankruptcy Practice for the American Law Institute.
Mr. Vilaplana is a member of the American Bar Association, the American Law Institute, and the State Bar of California. He is a fellow for the American College of Bankruptcy, a delegate to UNCITRAL on various international insolvency projects, and has been selected by his peers for inclusion in The Best Lawyers in America® (1993-2010) in the field of bankruptcy and creditor-debtor rights law. He was also selected for inclusion in the 2007-2009 San Diego Super Lawyers® lists.
Mr. Vilaplana's community involvements include his of counsel position for the San Diego Regional Economic Development Corporation, board member for the San Diego Port Authority and the San Diego Children's Hospital and vice president and director of the San Diego Museum of Contemporary Art.
Fellow: American College of Bankruptcy.
Member: American Bar Association; American Law Institute; State Bar of California. Practice Areas: Bankruptcy & Business Reorganizations.Email: Victor A. Vilaplana
ASSOCIATES
David J. Aveni (Associate) admitted to bar, 1999, Maryland; 2000, District of Columbia; 2007, California; 2008, U.S. Court of Appeals, Eleventh Circuit; U.S. District Court, Southern District of California. Education: Georgetown University (B.S., magna cum laude, 1993); Duke University (J.D., with high honors, 1998). Phi Beta Kappa. Order of the Coif. Senior Note Editor, Duke Law Journal, 1997-1998. Clerk to Judge Gerald B. Tjoflat, U.S. Court of Appeals, Eleventh Circuit. Member: State Bar of California. Practice Areas: Commercial Litigation.Email: David J. Aveni
Stephen J. Byrnes (Associate) admitted to bar, 2006, California. Education: University of California, Irvine (B.A., cum laude, 2001); University of Iowa College of Law (J.D., with distinction, 2006). Phi Beta Kappa; Phi Alpha Theta; Pi Sigma Alpha. Student Writer, 2004-2005 and Symposium Editor, 2005-2006, Journal of Transnational Law and Contemporary Problems. Member: State Bar of California. Practice Areas: Securities; Mergers, Acquisitions and Divestitures; Emerging Technologies.Email: Stephen J. Byrnes
Elizabeth A. Cason (Associate) admitted to bar, 1999, California. Education: University of Virginia (B.A., 1993); University of California at Los Angeles (J.D., 1999). Member: State Bar of California. Practice Areas: Environmental Law; Environmental Compliance; Environmental Due Diligence.Email: Elizabeth A. Cason
Todd Eastman (Associate) admitted to bar, 1998, California. Education: University of California at Davis (B.A., 1986); California Western School of Law (J.D., magna cum laude, 1997). Writer and Staff Editor, California Western Law Review, 1996-1997. Law Clerk to the Hon. David R. Thompson, U.S. Court of Appeals, Ninth Circuit, 1998. Member: San Diego County Bar Association; State Bar of California. Practice Areas: Business Litigation; Intellectual Property Rights Litigation; Construction Law; General Commercial Litigation.Email: Todd Eastman
Andrew Gregor (Associate) admitted to bar, 2008, California. Education: University of California, Berkeley (B.A., 2005); Harvard Law School (J.D., 2008). Member: State Bar of California. Practice Areas: Securities; Tax and Individual Planning; Employee Benefit Taxation.Email: Andrew Gregor
Aaron Muranaka (Associate) admitted to bar, 2007, California. Education: Weber State University (B.S., 2002); University of Utah S.J. Quinney College of Law (J.D., 2007). State Bar of California. Practice Areas: Commercial Litigation.Email: Aaron Muranaka
Cameron A. Reese (Associate) admitted to bar, 2004, California. Education: Brigham Young University (B.A.; J.D., cum laude, 2004). Note and Comment Editor, Brigham Young University Law Review, 2003-2004. Law Clerk to: Wilkinson Barker Knauer; Foley & Lardner. Practice Areas: Business Law; Real Estate; Commercial Transactions; Business Planning; Golf Course Development; Resorts and Leisure; Emerging Growth Companies; Technology Law.Email: Cameron A. Reese
Matthew Riopelle (Associate) admitted to bar, 2008, California. Education: University of Puget Sound (B.A., summa cum laude, 2005); Georgetown University Law Center (J.D., 2008). Member: State Bar of California. Practice Areas: Real Estate; Transactional and Securities; Bankruptcy and Business Reorganizations.Email: Matthew Riopelle
Jennifer A. Schneider (Associate) admitted to bar, 2008, California. Education: University of Notre Dame (B.B.A., cum laude, 2005); University of San Diego School of Law (J.D., cum laude, 2008). Practice Areas: Commercial Litigation; Litigation; Construction Litigation.Email: Jennifer A. Schneider
Ryan M. Simkin (Associate) admitted to bar, 2005, California. Education: University of Southern California (B.A., 2001); University of San Diego (J.D., 2005). Practice Areas: Business Law; Securities; Business Transactions; Equity Finance; Private Finance; Health Care; Life Sciences.Email: Ryan M. Simkin
Katherine P. Soby (Associate) admitted to bar, 2005, California. Education: University of Notre Dame (B.A., magna cum laude, 2000); Duke University (J.D., magna cum laude, 2005). Practice Areas: Health Care; Health Care Finance; Health Care Legislation; Litigation; Securities Litigation.Email: Katherine P. Soby
Kelly C. Spicher (Associate) admitted to bar, 2003, Florida; 2004, California. Education: Indiana University (B.A., with high honors, 1998); University of Florida, Levin College of Law (J.D., 2001). Practice Areas: Real Estate; Environmental Regulation; Resorts and Leisure.Email: Kelly C. Spicher
William T. Yoon (Associate) admitted to bar, 2006, California; U.S. Bankruptcy Court, Northern District of Illinois. Education: Cornell University (A.B., 2001); Northwestern University (J.D., 2006). Senior Articles Editor, Journal of Criminal Law and Criminology, Northwestern University, 2004-2006. Note and Comment Editor, Northwestern University Journal of Law and Social Policy, 2005-2006. Member: State Bar of California. Languages: Portuguese. Practice Areas: Litigation; Commercial Litigation; Privacy Law; Information Technology and Outsourcing.Email: William T. Yoon