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Sean Hogle

Sean Hogle

Sean Hogle
Lerman Law Building
802 B Street
San Rafael, CA 94901

Phone: (415) 287-3207  |  Fax: (415) 532-2860
http://www.hovilaw.com

Contact Sean Hogle

Counselors to Innovation

Legal Topic

Business Law

Preferred New Clients

Established or start-up businesses in the software, Internet, wireless, telecommunications, and other high technology fields; advertising, media, and publishing ventures; and visual effects, concept art, and emerging media studios.

Sub-Categories

Antitrust & Trade Regulation
  • Antitrust Law
  • International Antitrust
  • Mergers, Acquisitions, & Divestitures
  • Unfair Competition
Business Formation & Dissolution
  • Business Successions
  • Buying & Selling
  • Closely Held Businesses
  • Corporations
  • Directors' & Officers' Liability
  • Franchising
  • Joint Ventures
  • Limited Liability Companies (LLCs)
  • Mergers, Acquisitions & Divestitures
  • Nonprofits & Tax-Exempt Corporations
  • Partnerships
  • Professional Corporations
  • Shareholders' Rights
  • Trade Associations
Commercial Law
  • Breach of Contract
  • Contract Disputes
  • Contract Drafting & Review
  • Employment Contracts
  • Franchises
  • International Transactions
  • Non-Compete Contracts
  • Uniform Commercial Code
  • Warranties
Entertainment Law
  • Art
  • Communication & Media
  • Internet
  • Music
Internet (Cyberspace)
  • Computer Law
  • Digital Signatures
  • Domain Names
  • Electronic Commerce
International Law
  • Business & Trade
  • International Arbitration
  • International Transactions
  • Trade Regulation

Legal Topic

Intellectual Property

Preferred New Clients

I am happy to help any kind of client with intellectual property needs or issues, but my focus is on established or start-up businesses in the software, Internet, wireless, telecommunications, and other high technology fields; advertising, media, and publishing ventures; and visual effects, concept art, and emerging media studios.

Sub-Categories

Intellectual Property
  • Copyrights
  • International Intellectual Property
  • Technology Licensing
  • Trade Dress
  • Trademarks
  • Trade Secrets
Arts and Entertainment
  • Film
  • Publishing
  • Internet
  • Media Arts

Bar Admissions

CO, Aug 1995
Bar Number: 25818

CA, Sep 2006
Bar Number: 244043

VA, Oct 1993
Bar Number: 36407

Specialty Certifications

Not applicable; the state does not offer specialties in my areas of practice.

Other Court Admissions

Not applicable; I do not make court appearances.

Association Memberships

California, Colorado, and Virginia State Bars
American Bar Association
Marin County Bar Association
Denver Bar Association

Continuing Education

Over 100 hours in intellectual property, antitrust, mergers and acquisitions, employment, and licensing in past 5 years; have always met and continue to meet all applicable CLE requirements.

Papers and Publications

Conditions vs. Covenants: California Rulings Threaten the Practical Enforceability of Open Source Licenses, 25 COMPUTER & INTERNET LAW. 1 (September 2008)

Unauthorized Derivative Source Code, 18 COMPUTER & INTERNET LAW. 1 (May 2001)

The Employee as Investor: The Case for Universal Application of the Federal Securities Laws to Employee Stock Ownership Plans, 34 WM. & MARY L. REV. 189 (1992)

Example Cases

$70 million cross border merger between Aplix Corporation (Japan) and iaSolution, Inc. (Taiwan) in 2004.

Numerous multimillion dollar international technology licensing, joint development/venture, strategic alliance and M&A deals with various companies worldwide, including many in the Fortune 100.

Education

Degree:

B.B.A.

School:

James Madison University

City:

Harrisburg

State:

VA

Year:

1990

Honors:

Magna Cum Laude

Focus and Accomplishments:

Finance (Political Science and Economics minors)

 

Degree:

J.D.

School:

College of William and Mary School of Law

City:

Williamsburg

State:

VA

Year:

1993

Honors:

Order of the Coif, Ranked 2nd out of 179

Focus and Accomplishments:

Staff Editor, William and Mary Law Review
Judicial Clerkship, US District Court of New Mexico

Number of Attorneys

2

State Licensed In

California, Colorado, Virginia

Firm Focus and History

The law firm provides quality legal services and counseling to enterprises new and established, in the US and abroad. The firm has particular expertise in servicing the needs of global businesses whose lifeblood is innovation. Whether the enterprise be a Japanese middleware platform vendor making investments in the US, a Silicon Valley-based source code exchange web portal investing rapidly in people and code, or a European mobile software developer seeking to close licenses with device manufacturers in Taiwan, the firm's attorneys are ready and able to meet the challenge. We share a passion for enabling our clients' success by delivering practical, cost-effective and timely legal services with creativity and dedication.

Previous Employment Summary

I began my legal career (after a federal court clerkship) with a large law firm in Denver, Colorado, where I represented numerous high technology enterprises in start-up entity formation, mergers and acquisitions, business planning, technology licensing, and intellectual property management, counseling and enforcement. I additionally enjoyed an extensive state and federal litigation and arbitration practice. Eventually, I moved in-house with Sun Microsystems, where I ultimately became Assistant General Counsel. In that role, I was responsible for software and technology licensing and alliances for Japan and the Asia Pacific region, as an expatriate in Tokyo. In 2001, I joined the wireless and consumer software venture Aplix Corporation, also based in Tokyo, as General Counsel and Vice President of Legal and Business Affairs. I facilitated the company's international growth and eventual IPO on the Tokyo Stock Exchange in 2003. In addition to my General Counsel role, I managed, as President and Chief Operating Officer, the company's United States and European subsidiaries in San Francisco and Munich, from 2004 to 2006.

Activities and Awards

Presenter, Open Source in Mobile Conference, San Francisco: World Beyond GPL (March 2008)

Presenter and Panelist, Open Source in Mobile Conference, Madrid, Spain: GPL Version 3: What the License Means to You and Minimizing Legal Risks of Open Source Licensing (September 2007).

Presentation to Marin County Bar, Resolving Domain Name Disputes, May 11, 2007.

Recognized, A Cut Above the Rest: Asia's In-House High Flyers (identified in survey of private Asian law firms as one of "the best and brightest in-house minds in the region"), ASIAN LEGAL BUSINESS, June 2006

TV Panelist, From Gutenberg to Gates: Publishing in the Electronic Age, Regis University Media Day, Fall 1997, CSPAN2

What is your opinion regarding clients educating themselves on legal issues?

I encourage it and stand ready to assist in that regard.

Are you willing to review documents prepared by clients?

Yes.

Are you willing to coach clients who want to represent themselves?

Yes.

Why did you decide to be a lawyer?

In my youth, I had always been adept at advocating positions and debating points I cared about. The law and its history, logic, evolution and trajectory appealed to me from the very first time I took a business law course in college.

What work experience and education helps you be a better lawyer?

My law practice is focused primarily on technology ventures, such as software, telecommunications, and Internet-related companies, as well as firms in the visual effects, concept art and emerging media space. My clients are located all over the world, and range in size from pre-IPO start-ups to publicly traded companies. My fifteen-plus years of diverse legal experience makes me well-suited to act as a "virtual general counsel" to my venture clients, guiding them through the complex legal and regulatory environment of the United States and abroad and in all stages of growth, from founding to IPO. Having closed countless complex technology transactions with numerous Fortune 100 companies worldwide, I bring to the table an ability to negotiate business-critical deals with efficiency and skill. During extensive international assignments in Tokyo and Munich, I earned valuable experience in overseas entity formation, cross-border mergers and acquisitions, strategic alliances and international licensing. And, because of my experience in managing US and European operations for a global software company, I am uniquely qualified to understand the practical challenges of running a business.

Why did you decide on your primary area of practice?

I have always been interested in technology, inventorship, and innovation, to the point where I actually took computer science and engineering evening courses while pursing a full-time law firm career. I have long admired the type of person that goes out in the world with some new innovation in order to change the world for the better. I believe I am uniquely capable of helping such individuals succeed.

What do you like best about your career?

I've seen the world, met many interesting characters, and been a part of bringing into the world some truly game-altering technologies, and I continue to enjoy these aspects of my career now in my own practice, where for the first time I am the entrepreneur.

Tell us about your law firm:

We seek to become long-term, trusted advisers to our clients, serving with zealous yet efficient and practical advocacy. We are maniacal about understanding our clients' products and services, markets and competitors, and goals and objectives. We understand the practical realities of running a business. We know how to close deals with a minimum of delay and expense. By diligently minimizing overhead, we are able to offer billing rates significantly below those of larger law firms. In short, we seek to become an integral part of our clients' endeavors and a significant factor in their success.

The firm has offices in Denver, Colorado and in San Rafael, California.

What are your strengths and style?

I offer big firm expertise with small firm rates. I have a global perspective. I am practical and business-oriented, with the direct experience of having run a business with over 30 employees on two different continents; consequently I can give realistic advice on an acceptable risk tolerance. Although I consider myself a "generalist" in technology law, with the ability to represent nearly any high tech venture, I have a keen understanding of the business, art and science of software development, as well as a deep familiarity with the wireless industry, with extensive contacts among operators, manufacturers and ISVs.


Personal Interests:

Biking, skiing, computers, books, music and film -- and my family.

Office Manager/Assistant

Ms. Claire Medina

Fax

(415) 532-2860

Office Hours

Monday through Friday
8:00 a.m. to 6:00 p.m.

Emergency After Hours

Yes

Foreign Languages

I speak very basic conversational Japanese.

Additional Offices

Denver, CO
155 South Madison Street
Suite 324
Denver, CO 80209
(720) 974-4055

Fixed-Price Services and Fees

I am willing to do fixed-price services to accommodate the client's needs on a case-by-case basis.

Hourly Rates

Please contact me.

Free Initial Consultation?

Yes, I'm willing to do free initial consultations of reasonable length.

Typical Retainer

I have no "typical" retainer. I do not always require one.

Understanding Fees

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