Practice Areas
Business Transactional Law
Van Dorn & Marshak Law Offices provide comprehensive corporate, transactional and business contract representation for today’s business world. We provide goal-oriented solutions to our clients' business needs in a confusing and often rapidly-changing marketplace.
We assist founders and entrepreneurs with the formation of their companies. This important step protects your personal assets from potential business catastrophe. Companies can be formed using a myriad of entities and corporate structures (e.g., corporation, limited liability company, general and limited partnership and joint venture). We listen to your business needs and then assess what type of entity would fit you best. Based on our assessment, we counsel clients through federal and state corporate, securities, and tax laws that will affect the new business entity. We can also assist in the capitalization strategy for your new business, including preparation of private placement memoranda.
The formation of your business entity is not the end of our relationship—it is only the beginning. Van Dorn & Marshak also provides ongoing legal services customized to the day-to-day legal needs of a continuing business. This representation is varied in scope and complexity, and includes general counseling in many areas including, but not limited to:
- Corporate matters
- Capital formation
- Shareholder agreements
- Contract preparation and review
- Dispute avoidance, management and resolution
- Business management
- Joint ventures
- Confidentiality agreements
- Manufacturing and supply agreements
- Licensing
- Brand management
- Purchase agreements
- Commercial contracts
- Financing
- Employment matters
- Intellectual property
As most of our clients’ businesses are small to mid-level in size, we understand the importance to our clients of dealing with attorneys who are knowledgeable about the client's business and who can provide timely, efficient and valuable solutions to their legal needs. At Van Dorn & Marshak, we strive to tailor our legal services to fit your business needs.
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Business Litigation
Our major objective is to keep our clients out of litigation. In this regard, an ounce of prevention can go a long way. We take an active role in counseling clients in preventive measures, and strive to lessen the likelihood of lawsuits. This includes client discussions and actions regarding corporate maintenance, contract preparation, business management, business filings and so forth.
However, when legal disputes do arise, the law firm of Van Dorn & Marshak is equipped to handle a variety of business litigation matters. We have a well-established general civil litigation practice in state and federal trial courts and appellate courts, as well as in administration and arbitration forums. We are able -- efficiently and effectively -- to litigate disputes in all aspects of business, including breach of contract, commercial litigation, intellectual property (trademark and copyright infringement, unfair competition and trade secrets disputes), partnership and corporate disputes, and employment matters.
We have represented many clients through the litigation process, from inception of the action to judgment and appeal. Our clients represent all aspects of business, including Internet sales and services, product manufacturers, media buyers, real estate brokers, contractors, entertainment production companies and a wide variety of artists including writers, actors, directors, musicians, hair and make-up, songwriters and photographers.
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Direct Response
Our attorneys have worked both in-house for major direct response companies and have represented many key players in the direct response industry for the past decade. We represent a broad range of clients in advertising, product sales, marketing, and infomercial production throughout the United States. With our experience, we can assist you with negotiating all manner of contracts related to the direct response industry and
- Infomercial Production and Production Agreements
- Celebrity Talent and Endorsement Agreements
- Product Video Production and related Agreements
- Partnership and Joint Venture Agreements
- Acquisition of Businesses and Product Rights
- Intellectual Property Purchase and Licensing
- Licensing Agreements, inlcuding Music Licensing, Talent Licensing, Image and Product licensing
- Marketing and Distribution Agreements
- Retail Agreements
- Advertising Agreements
- Vendor and Supplier Agreements
- Sponsorship Agreements
- Broadcast, Cable and Network Agreements
- Nondisclosure and Confidentiality Agreements
- Independent Contractor Agreements
- Composer and Writer Agreements
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Entertainment Law
We offer a wide range of unique experience pertaining to the entertainment industry, providing legal services in both the transactional and litigation realms. In the music sector, we counsel recording artists, producers, record and publishing company executives, managers, production companies, publishers and songwriters in the music sector. We also counsel actors, writers, directors, producers, managers, below-the-line talent, and production and distribution companies in the film, television and cable sectors. For our Internet practice, we counsel clients in website development agreements, e-commerce transactions, the licensing of streaming audio and video and agreements for the acquisition or production of all forms of entertainment content.
Whether you are an actor, writer, filmmaker or producer, musician, make-up or visual artist, we can help. Below are examples of the entertainment legal services we provide:
- Artist Management and Representation Agreements
- Artist Recording Agreements and Producer Agreements
- Book Publishing Negotiation and Agreements
- Celebrity Endorsements and Sponsorship Agreements
- Employment Agreements
- Film Financing, Production and Distribution
- Internet-based Entertainment Ventures
- Investment and Financing Agreements
- Joint-venture Agreements
- Partnership, Producer and Production Agreements
- Production legal services (all agreements)
- Labor and Employment related issues
- Agency and Management Agreements
- Copyright issues including, but not limited to, registration, infringement, fair use, work-for-hire
- Trademark issues including, but not limited to, availability search, registration, infringement, fair use, licensing
- Releases
- Business Entity Formation
- Distribution
- Right of Privacy and Publicity
- Defamation, Libel and Slander
- Litigation
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Intellectual Property
Intellectual Property comprises a wide area of legal protections, and usually refers to: patents; copyrights; trademarks/service marks/trade dress; trade names; trade secrets; and, in certain contexts, the protection of ideas.
We assist clients in selecting, researching, clearing, registering, enforcing and defending trademarks, service marks and copyrights, both domestically and internationally. We also assist clients in technology transfers, including assignments, licensing and joint ventures as well as trademark licensing and branding. Should litigation arise for copyright or trademark infringement, we prosecute and defend our clients’ rights to their intellectual property in federal and state court (as applicable).
We assist authors, artists, photographers, businesses, designers, cartoonists, advertisers, musicians, film producers and distributors and others who create works of authorship under domestic and international copyright laws in maintaining control over the products of their creativity, as well as in maximizing and protecting the profits resulting from those works. Our practice includes copyright registration and litigation involving works such as scripts, books, short stories, compilations, photographs, musical compositions, songs, computer programs and databases, websites, newspaper and magazine articles and other audio-visual works. We also counsel clients concerning the scope of copyright protection for their works and the rights of third parties in those works, including the creation of licensing agreements, work-for-hire agreements and distribution agreements.
The proliferation of the internet in the last decade has seen major changes in the ways that both established and newer businesses advertise and conduct their affairs. We assist clients in establishing and protecting their internet domain names and websites. Internet litigation and disputes can occur when more than one business or person claims rights in a domain name, or business name, or the content or design of competing (or even non-competing) websites. In order to minimize the risk of disputes before they arise, we negotiate and prepare our clients’ website agreements and licenses related to website development and hosting, software development and licensing, domain name registrations and transfers and a wide variety of computer related agreements.
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Other Areas
-Wills and Trusts
-Real Property Transactions and Disputes
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