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Devin S. Morgan
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Devin S. Morgan
Devin S. Morgan
111 Haggerty Rd
Cooperstown, NY 13326
Phone: (607) 643-5777 | Fax: (501) 648-1017
http://www.devinsmorgan.com
Virtual General Counsel for Innovative Businesses
Legal Topic
Business Law
Preferred New Clients
Startup and growth companies involving new products, services, technology, or media with a combination of intellectual property, contract, and general business issues.
Sub-Categories
Business Law
- Mediation/Alternative Dispute Resolution (ADR)
- Deceptive Trade Practices
- False Advertising
- Unfair Competition
- Commercial Banks & Loans
- Commercial Leasing
- Venture Capital
- Liquor Licenses
- Business Successions
- Buying & Selling
- Closely Held Businesses
- Corporations
- Franchising
- Joint Ventures
- Limited Liability Companies (LLCs)
- Mergers, Acquisitions & Divestitures
- Nonprofits & Tax-Exempt Corporations
- Partnerships
- Professional Corporations
- Trade Associations
- Breach of Contract
- Contract Disputes
- Contract Drafting & Review
- Employment Contracts
- Franchises
- International Transactions
- Non-Compete Contracts
- Uniform Commercial Code
- Warranties
- Commercial Construction Contracts
- Construction Disputes
- Art
- Communication & Media
- Gaming
- Internet
- Music
- Sports
- Tourism, Travel, & Leisure
- Film
- Literary Arts
- Publishing
- Television
- Computer Law
- Digital Signatures
- Domain Names
- Electronic Commerce
- Identity Theft
- Spam
- Business & Trade
- Foreign Investment
- International Arbitration
- International Transactions
- Creditor's Rights
Legal Topic
Intellectual Property
Preferred New Clients
Startup and growth companies involving new products, services, technology, or media with a combination of intellectual property, contract, and general business issues.
Sub-Categories
Intellectual Property
- Copyrights
- International Intellectual Property
- Technology Licensing
- Trade Dress
- Trademarks
- Trade Secrets
- Biotech & Medical
- Business Process
- Electronics & Computer
- Internet Patents
- Mechanical
- Patent Design
- Plants
- Technology & Engineering
- Film
- Literary Arts
- Publishing
- Television
- Internet
- Media Arts
Bar Admissions
NY, Jul 2009
Bar Number: 4739439
VA, Oct 1999
Bar Number: 44375
MA, Jun 2007
Bar Number: 666002
DC, Aug 2000
Bar Number: 468678
Other Court Admissions
United States Patent and Trademark Office (USPTO)
Registration Number 45562 (3/24/2000)
Association Memberships
New York State Bar Association and National Business Incubator Association.
Continuing Education
Attend seminars on diverse business law topics and issues.
Papers and Publications
"Intellectual Asset Literacy: Implementing IP Education Programs" Patent Strategy & Management, June 2004.
"Supporting Entrepreneurs" EntrepreNews, Spring 2004.
"Uncovering Intellectual Assets: Conducting a Technology Assessment" Digital Harbor Online, April 19, 2004.
"Book Review and Commentary: Patenting in an Era of 'Open Innovation'," Patent Strategy & Management, February 2004.
"Entrepreneurial Trends in University Tech Transfer" Patent Strategy & Management, January 2004.
"Book Review: Noteworthy 'Intangibles' and the Obviousness of 'Unseen Wealth'", Patent Strategy & Management, October 2003.
"Technology Due Diligence: More Than a Survey of Intellectual Property" Patent Strategy & Management, January 2003, Co-Author with Sharon Flank.
"Book Review: Entrepreneur's Guide to Managing IP" Patent Strategy & Management, November 2002.
"Business and Data Privacy Laws in Europe and Beyond", EuroWatch, November 15, 1999, Co-Author with James Gatto.
Example Cases
Set up Limited Liability Company, transferred tangible and intangible assets into company, and established initial contractual, employment, and intellectual property practices to develop brand and protect intangible assets.
Analyzed new products and business model to develop strategy for protecting valuable features using contracts, business process, and patents.
Set up employment, contract management, and patent portfolio development policies and process for growing company, then provide ongoing Virtual General Counsel services to maintain processes, identify issues, and manage legal risks as part of the executive team.
Education
Degree:
Juris Doctor
School:
Franklin Pierce Law Center
City:
Concord
State:
NH
Year:
1999
Honors:
Top 10%
Focus and Accomplishments:
Intellectual Property and Business Law.
Degree:
Bachelor of Arts
School:
Dartmouth College
City:
Hanover
State:
NH
Year:
1996
Focus and Accomplishments:
Engineering Science and Asian Studies dual major. Foreign study program in Kanazawa, Japan.
Degree:
Master of Intellectual Property
School:
Franklin Pierce Law Center
City:
Concord
State:
NH
Year:
1999
Honors:
Top 10%
Focus and Accomplishments:
Advanced Licensing Institute.
Number of Attorneys
1
State Licensed In
New York, Massachusetts, District of Columbia, and Virginia.
Firm Focus and History
My practice is focused on helping entrepreneurs and innovative companies start and grow great businesses. I am a veteran business advisor, transactional attorney, and U.S. patent attorney with experience in analyzing and managing diverse and complex legal issues. I act as Intellectual Property or Virtual General Counsel for growth businesses that aren't yet able to justify full-time in-house counsel.
My firm is a start-up. I started working on my own in October of 2008 as virtual in-house counsel for my former employer, a publicly traded technology company. I started adding more clients once admitted to the New York bar in July of 2009. I am actively seeking new clients looking to start and grow their businesses, particularly in Central New York (Rochester, Syracuse, Binghamton, Cortland, Ithaca, Utica, and Albany).
Previous Employment Summary
Prior to starting my practice, I worked as in-house intellectual property counsel for Seagate Technology and Maxtor Corporation in their Shrewsbury, MA facility. I was responsible for patent portfolio development, licenses and other contracts, and counseling on diverse business issues. Before working in-house I started a consulting practice focused on intellectual property business strategy and management (training, policy, business processes, etc.). I started my career working for large law firms where I was involved in commercial litigation, transactions, and intellectual property development for technology companies of all sizes. Additional details of my work background are available on my LinkedIn profile.
Activities and Awards
Guest lecturer on intellectual property and business start-up topics for a variety of audiences, including Otsego County Building a Successful Small Business seminar.
Founded Three Blazes Innovation, Inc., a venture development company for supporting the start-up and growth of new businesses.
Board of Editors, Patent Strategy and Management.
Cooperstown Chamber of Commerce.
Executive Service Corps of Otsego and Delaware County.
Dartmouth Entrepreneurial Network.
What is your opinion regarding clients educating themselves on legal issues?
Entrepreneurs and executives need to constantly educate themselves to properly manage their businesses. I encourage my clients to educate themselves so that they have a baseline of knowledge for issue spotting, prioritizing activities, and making decisions. I prefer to work with clients that are engaged, bring their own perspective, and really want to understand the legal and business implications of their actions. I conduct training on legal and other business issues to support venture creation and growth in Central New York.
Are you willing to review documents prepared by clients?
Happy to do so.
Are you willing to coach clients who want to represent themselves?
Happy to coach for negotiations. I will also coach for administrative process (including patent and trademark applications), but generally think a business owner's time is better spent elsewhere. I do not support self-representation in litigation.
Why did you decide to be a lawyer?
I wanted a way to combine my interests in technology, business, and liberal arts and found that intellectual property law touched on all of these areas. I loved the idea of constantly learning about new technology and business models in order to help businesses navigate complex legal issues and move their businesses forward. I wanted to understand the intersection between law and creative enterprise.
What work experience and education helps you be a better lawyer?
I am a small business owner and entrepreneur. I have represented Fortune 500 companies, founders with an idea, and everything in between. I have worked in-house, in large and small law firms, and as a consultant. I understand that there are many ways to work and that the right solution for any given business is dependent on their business model, stage of development, and the priorities of the executive team. As a business owner and advisor, I understand that legal decisions are about business results, which include the bottom-line, stakeholder relationships, and sustainability. My diverse work experience, flexibility, and focus on results make me a better general counsel for small and growing businesses.
Why did you decide on your primary area of practice?
I chose to focus my practice on startup and growth businesses because I love working with entrepreneurs and helping to make new ideas real. I was also raised around small businesses and recognize the importance of entrepreneurship in driving the U.S. economy, so supporting entrepreneurial businesses is a personal mission of sorts.
What do you like best about your career?
Entrepreneurs and inventors--people who are genuinely jazzed about what they are doing, and combine creativity, vision, and execution to change the world around them.
Tell us about your law firm:
I am a solo practitioner, so clients deal directly with me. My goal is to be approachable, responsive, and easy to work with.
What are your strengths and style?
My communication style is direct. I look for the context and relationships that drive business decisions and want to understand the whole business, not just the legal issue at hand. I am a systems thinker and believe strongly that business process and continuous improvement are keys to preventing future legal issues and wasted resources. I am a quick study with broad technical, business, and legal interests. I also recognize that I am not an expert in everything and am comfortable leveraging the expertise of other attorneys and business advisors to get the job done for my clients as effectively and efficiently as possible. Building a great business is a team effort.
Personal Interests:
Being an active and engaged parent and husband, hiking and the outdoors, reading on a wide variety of topics, regional economic development, food, wine, and travel.
Fax
(501) 648-1017
Office Hours
By appointment only.
Emergency After Hours
Yes
Fixed-Price Services and Fees
Legal Issue Counseling Session for Business - $500 (single situation/transaction)
Preliminary Analysis of Your Business Name - $500
Setup Limited Liability Company - $1,000
Setup Corporation - $1,000
Founder, Member, or Shareholder Agreements - $1,000 (for up to three related agreements)
Virtual Corporate Secretary - $2,000 per year (for closely held business)
Employment Contracts - $1,000 (for up to three related agreements)
Form Contract for Recurring Transactions - $1,000
Contract Review and Negotiation Support - $500 (simple transaction)
Virtual Contract Management - $5,000 per year (up to 50 agreements)
Preliminary Analysis of Product/Service Name, Slogan, or Logo - $500
U.S. Trademark Application - $1,000
Response to U.S. Trademark Office Action - $2,500
Virtual Trademark Management - $5,000 per year (up to 10 trademarks)
Preliminary Analysis of Invention or Product Concept - $1,000
Provisional Patent Application - $1,000
U.S. Patent Application - $8,000
Response to U.S. Patent Office Action - $2,500
Virtual Patent Management - $10,000 per year (single product/technology area)
Preliminary Analysis and Response to Cease & Desist Letter - $2,500
Non-infringement, Invalidity, or Design Opinion - $5,000 per patent (client provides references)
Simple Software, Patent, Copyright, or Trademark License - $1,000
IP Policy Audit and Development - $5,000
IP Compliance Training for Employees - $500 per session (up to three topics)
Fixed price quotes for investment, M&A, or transaction due diligence, litigation management, and other projects available upon request
Additional details and terms available for all fixed-price services. Pricing schedule valid through December 31, 2010 and subject to an executed client engagement letter.
Contact me about Virtual In-House Counsel Services, including Virtual General Counsel, Virtual Intellectual Property Counsel, and Virtual Contract Counsel services. Project or Per Diem rates available for weekly, biweekly, or monthly telecommuting or on-site legal support.
Hourly Rates
Clients are better served by a fixed project fee that allows them to properly budget and manage return on investment. I am always willing to talk through an issue and propose an appropriate fixed fee structure for a project.
Free Initial Consultation?
Free initial telephone consultation up to one hour. Fee for on-site initial consultation depending on distance and scope of proposed engagement.
Typical Retainer
I have not yet needed to require a retainer.
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Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.
Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.
