Practice Areas

Corporate

TORTI FLANAGAN, P.C. represents entrepreneurs, corporations, partnerships and sole proprietorships in all types of domestic and international, financial and commercial transactions. The Firm advises clients during all phases of the business cycle, from pre-incorporation though corporate governance in mature organizations. Participated in the negotiation and drafting of corporate articles, by-laws, minutes, amendments, shareholder agreements, stock option agreement, stock restriction agreements, warrants. Participated in the structuring, negotiation and drafting of bank financing and loan agreements, venture capital investment transactions, mergers and acquisition agreements, asset and stock purchase agreements and qualified investor documents.

Human Resources/Employment

Our practice involves the representation of management and individuals in areas of employment law. We have represented clients through the entire employment process; from negotiating employment agreements to counseling and defending corporate clients in unjust dismissal cases. We have also represented individuals in employment litigation against various companies and educational institutions involving discrimination, wrongful termination, and breach of employment and stock option agreements. We proactively advise and counsel clients to minimize the risk of lawsuits, including layoffs, breach of contracts, sexual harassment claims, wrongful terminations, and age discrimination allegations. We negotiate and draft employment agreements, executive compensation and key employee agreements, independent contractor agreements, proprietary rights agreements, termination letters and notices, and separation and severance agreements. We prepare human resources policy and procedures manuals.

Technology Law

The principals of the firm have technological backgrounds and experience which allows us to be particularly sensitive to our clients and their needs in a high-tech environment. We have extensive experience in representing emerging growth and technology companies. Among our clients on the product side are developers, distributors and manufacturers of software, computer networking and communications systems, sensor monitoring systems, and other high-tech products. On the service side are manufacturer’s representatives and agents, distributors and resellers, executive recruiters- temp businesses, training companies and other service providers in the high-tech arena. We counsel clients in the protection of their technology, as well as exploiting it to their maximum strategic and financial advantage. Our experience includes all phases of the contracting process. We have also been involved in diverse litigation concerning the validity, ownership, and infringement of patents, copyrights, and trademarks; misappropriation of trade secrets, enforcement of non-competition agreements: and other intellectual property disputes.

Intellectual Property

Providing counsel in intellectual property protection. Resolution of patent disputes, protection of trademark and copyright rights. Preparation of trademark searches and trademark opinions. Management of trademark docket. Enforcement of trademark rights, cease and desist letters, domain name disputes, drafting and negotiation of trademark license agreements, advertising agency agreements, website development agreements. Litigation of trademark, trade secret, copyright and intellectual property licensing matters. Conducted intellectual property due diligence in acquisitions.

Contracts/Licensing

Negotiated and prepared hundreds of contracts with U.S. and international scope: technology transfer, technology acquisition and licensing agreements, software license agreements, service provider agreements, computer hardware agreements, computer software service agreements, internet service provider agreements, website linking agreements, computer maintenance agreements, computer support services agreements, software development agreements, training services agreements, reseller and software publishing agreements, copyright license agreements, trademark license agreements, know-how license agreements, patent license agreements, agency agreements, domain name transfer agreements, permissions agreements, nondisclosure agreements, sales representatives, commissions agreements, and non-competition agreements.

International

Given the increased globalization of our clients businesses. We counsel our clients on issues concerning international law. We also represent foreign clients in the United States. The firm has developed an extensive network of foreign associates abroad.

Real Estate

The firm serves our clients needs in providing representation in commercial real estate matters.

Litigation/Arbitration

Participated in the litigation, arbitrations and negotiation to settlement of numerous commercial disputes in matters concerning corporate, contracts, licensing, employment law, commercial real estate, and intellectual property. Effectively structured, negotiated and settled various disputes to the best interest of our clients. Through the use of aggressive pre-trial strategies and the development of trial and settlement tactics, we strive to achieve and maintain the adversarial advantage. We have used these strategies and tactics effectively for a broad range of clients in a variety of matters, including trial and appellate work before state and federal courts and other administrative proceedings. We also utilize our in-house legal experience in providing advice and counsel concerning litigation avoidance and control, dispute resolution, and cost/benefit analysis.