Barton S. Selden
Gartenberg Gelfand Wasson & Selden, LLP
220 Montgomery Street
15th floor
San Francisco, CA 94104
Map
Phone: (415) 788-6230 | Fax: (415) 788-7009
http://www.ggwslaw.com
International Business and IP Protection
Legal Topic
Business Law
Preferred New Clients
Privately-held companies at any stage of development.
Sub-Topics
Business Entity Formation
- Buying & Selling
- Closely Held Businesses
- Corporations
- Joint Ventures
- Limited Liability Companies (LLCs)
- Shareholders' Rights
Commercial Law
- Breach of Contract
- Contract Disputes
- Contract Drafting & Review
- Employment Contracts
- International Transactions
- Non-Compete Contracts
- Warranties
Entertainment Law
- Art
- Internet
International Law
- Business & Trade
- Foreign Investment
- Imports & Exports
- International Arbitration
- International Transactions
Internet (Cyberspace)
- Domain Names
- Electronic Commerce
Legal Topic
Intellectual Property (IP)
Preferred New Clients
Businesses with trademark, trade secret, or copyright concerns.
Sub-Topics
Copyright
International Intellectual Property (IP)
Technology Licensing
Trade Dress
Trade Secrets
Trademark
Bar Admissions
CA, Jun 1984
Bar Number: 113218
Other Court Admissions
All California state and federal courts, U.S. Court of International Trade, Court of Appeals for the Federal Circuit
Association Memberships
State Bar of California
Continuing Education
In addition to attending programs on intellectual property, business and international law topics, I track current developments in order to teach classes on International Business Transactions and on European Union Law at Golden Gate University School of Law in San Francisco, where I have been an Adjunct Professor since 1990.
Papers and Publications
Profili processuali del commercio elettronico, Rivista Trimestrale di Diritto e Procedura Civile, p. 73 (Giuffrè, 2002)
Lex Mercatoria in European and U.S. Trade Practice, 2 Annual Survey of International and Comparative Law (G.G.U.) 111 (1995)
Ironing the Wrinkles Out of International Transactions, Export Today, Vol. 8, No. 3 (1992)
Legal Concerns for Exporters of Agricultural Products, (U.S. Dept. of Agriculture Audiotape Seminar, 1992)
International Sales Are Subject To U.N. Convention, Export Today, Vol. 7, No. 9 (1991)
More On Service Abroad, California International Law Section Newsletter, v. 2, n. 2 (1989)
Example Cases
I value long-term client relationships more than single cases. I have represented a number of my Bay Area clients for over 15 years, including a freight forwarder, a commercial printer, a manufacturer of outdoor equipment, and an importer/retailer of men's clothing.
Major single assignments include the sale of a privately-held German chemicals company to a pre-IPO company located in California, and the 10-week negotiation of an ASP hosting and sales relationship with IBM on behalf of a database search provider.
My foreign clients sell many types of products and services in the U.S., including software, building materials, food, and consumer goods, through subsidiaries, distributors and agents.
Education
University of Berkeley, Boalt Hall
J.D.
Berkeley
CA
1983
Vrije Universiteit Brussel
LL.M, International and Comparative Law
Brussels, Belgium
1985
Magna Cum Laude
LL.M Thesis: Comparable Worth in Europe
University of California
Political Science
Irvine
CA
1979
Cum Laude
Number of Attorneys
1
State Licensed In
California
Firm Focus and History
I began my sole practice in 1985, focusing on business counseling for individuals and companies, especially those with foreign ownership, customers or suppliers. Protection of intellectual property, particularly trademarks and copyright, is a key component of the business strategy for these companies, and now occupies a central position in my practice.
Previous Employment Summary
After working both in-house and at small firms, I decided early on to open my own practice to focus on business, intellectual property, and international transactions.
Activities and Awards
I lecture frequently on intellectual property and business law topics, in addition to the classes that I teach at Golden Gate University in San Francisco (see "Significant Continuing Education"). In Mainz, Germany, I give an annual short course on U.S. Trademark Law, and I give lectures in Italian several times a year at a number of Italian universities, including those located in Venice, Bologna, Pavia, and Turin. In 2005, I was named one of Northern California's "Super Lawyers" in a poll of 46,000 lawyers.
What is your opinion regarding clients educating themselves on legal issues?
As a lawyer, one of my primary functions is to help clients understand the legal context in which their business must function. I welcome clients who arrive with knowledge of the issues that I will be asked to address, and a willingness to further their understanding of the factors that should be evaluated in choosing an appropriate strategy.
Are you willing to review documents prepared by clients?
The information that a client gathers in the process of preparing a document is always useful. I am happy to review documents prepared by a client, but that does not always result in a lower total cost. If the document is based on a form or model that I am not familiar with, then the time required to review it and determine whether all appropriate terms have been included may not be any less than what would have been required to prepare the document myself based on information given to me directly by the client.
Are you willing to coach clients who want to represent themselves?
I am happy to help clients prepare for business negotiations that they will conduct themselves, including resolution of disputes in mediation. For business litigation conducted in court or by arbitration, where procedural missteps can have serious consequences, I would not ordinarily coach a client who wants to represent himself or herself.
Why did you decide to be a lawyer?
I enjoy making connections between people, ideas and things. As a lawyer, I can help individuals and companies to tie all three together, build a structure, and achieve a result. I take a special pleasure in doing that in situations where the legal and business environments of two or more countries are involved, because the differences make it even more important to think creatively and broadly about the client's goals.
What work experience and education helps you be a better lawyer?
Living and studying outside of the U.S., and teaching U.S. law to lawyers and law students from other countries, keeps me aware of the many ways to solve problems which arise in any legal system, and the need to anticipate potential problems in communication.
Why did you decide on your primary area of practice?
I enjoy learning about many different types of businesses and addressing their need to protect their legal rights while growing with their customers, partners and suppliers. For my clients who are active in international trade, a special bonus is the opportunity to learn about other countries, cultures, and to travel.
What do you like best about your career?
Operating my own business, and having to constantly learn something new, either about law or my clients' activities, are the best parts.
Tell us about your law firm:
I maintain a sole practice, with assistants where necessary, so that I can stay focused on the needs of my clients, and not constantly seek new business simply to support an infrastructure and pay for overhead costs. I communicate with my clients as they do in their businesses, generally electronically, and often at odd hours due to time zone differences. For work that is outside of my areas of expertise, I refer to or get advice from lawyers with more appropriate experience, through a network of contacts I have developed over 20 years of practice.
What are your strengths and style?
Placing a legal or business problem in context and identifying a practical approach to achieve the client's goals.
Working with people from different backgrounds to identify hidden assumptions that can lead to future conflicts.
Bridging gaps and resolving conflicts between different systems to achieve results which are desirable for both sides.
Pragmatic, hands-on, diplomatic.
Personal Interests:
Travel, gardening, theater.
Office Manager/Assistant
Not at this time
Fax
(415) 788-7009
Office Hours
Live phone receptionist
Monday through Friday
9:00 a.m. to 5:00 p.m.
Emergency After Hours
Yes
Foreign Languages
Italian
Fixed-Price Services and Fees
U.S. Federal Trademark Registration Application: $550 plus filing fees; hourly rate after response to first Office Action (assumes no conflicting marks found in initial search); California corporation or LLC formation $1,500.00, plus filing fees and out-of-pocket expenses.
Hourly Rates
$375: estimated budgets are common and a welcome part of client communication
Free Initial Consultation?
Free for one-half hour
Typical Retainer
$3,000 - 5,000 depending on assignment
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