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Administrative Matters Administrative Matters Both Douglas R. Schwartz and Petra M. Reinecke have successfully advised and represented clients in administrative proceedings before the Labor Commissioner, Workers Compensation Appeals Board, Alcoholic Beverage Control Board, the State Bar Court and the Department of Motor Vehicles. With expertise in both the civil and criminal arenas, Schwartz & Cera is uniquely suited to representing clients concurrently facing criminal prosecution and related civil and administrative proceedings.
Both Douglas R. Schwartz and Petra M. Reinecke have successfully represented clients in civil and criminal appeals, both interlocutory and from final judgments. Mr. Schwartz and Ms. Reinecke have successfully briefed and argued both civil and criminal cases on behalf of the Firm’s clients. In criminal cases, Ms. Reinecke obtained the reversal of a criminal conviction by the Ninth Circuit Court of Appeals, and has extensive experience in habeas matters and petitions for writs of certiorari to the California and United States Supreme Courts. Business and Transactional Matters Kenneth B. Cera specializes in all aspects of transactional law and taxation. His practice encompasses mergers and acquisitions, venture capital and other private equity transactions, forming and organizing all types of new business entities, purchase and lease agreements for real estate, employment and executive agreements, and various intellectual property transactions. Mr. Cera’s background in income taxation helps him to counsel his clients to structure their transactions in a tax-efficient manner. Typical transactions Mr. Cera has worked on include several acquisitions of companies for values in excess of $100 million, the successful negotiation and closing of a complicated multi-party transaction involving Kate Spade, The Neiman Marcus Group, and Liz Claiborne, a large variety of private equity agreements, on both the company side and the investor side with a variety of clients including the General Catalyst Venture Funds, and a variety of intellectual property agreements from software licenses to design licenses between the well-known Japanese artist Takashi Murakami and Louis Vuitton. Frank J. Gilbert specializes in business transactions, including license agreements, intellectual property, joint ventures, strategic alliances, private equity investment and acquisitions. Mr. Gilbert provides advice to clients in a general counsel role on matters related to day-to-day business activities and operations, as well as representation in substantial and extraordinary business transactions. Mr. Gilbert has drafted and negotiated hundreds of intellectual property licensing and transfer agreements, software and website development agreements, manufacturing and distribution agreements, strategic joint venture agreements, and various technology and multimedia agreements. Mr. Gilbert has successfully advised and represented numerous private companies in large acquisitions and corporate reorganizations, including sales of stock, sales of assets and mergers. He has also represented borrowing entities in approximately thirty loans from the Federal National Mortgage Association to finance the purchase and operation of multi-unit residential apartment buildings. Business Formation Kenneth B. Cera has represented and counseled all types of new business entities in a wide variety of industries and professions. Mr. Cera has extensive experience in the drafting and negotiation of formation documents, including LLC operating agreements, corporate buy/sell agreements and partnership agreements. Frank J. Gilbert advises and represents a wide range of entrepreneurial companies at all stages of development, from initial company formation to liquidity event. Mr. Gilbert has formed, advised, and assisted with the capitalization, structure and operation of numerous corporations, limited liability companies and partnerships. He provides advice to clients in a general counsel role on matters related to day-to-day business activities and operations, as well as representation in substantial and extraordinary business transactions. Business Torts Douglas R. Schwartz has focused on complex commercial litigation and white-collar criminal defense with a common nexus of fraud-related issues, and within those areas he has handled a wide range of cases. Mr. Schwartz has achieved excellent results for both plaintiffs and defendants in civil litigation involving business torts and related business issues, including breach of contract actions, shareholders’ disputes, business dissolutions, intellectual property disputes and wrongful termination actions. Petra M. Reinecke has handled and participated in a diverse range of business litigation, including the defense of environmental, fraud, and insider trading prosecutions, and the prosecution of shareholder derivative, unfair competition and legal malpractice actions. Ms. Reinecke has over fifteen years’ experience in state and federal litigation in diverse areas, including complex commercial litigation, personal injury, employment discrimination, securities litigation, partnership dissolutions, landlord-tenant disputes, construction defects actions and collections. Commercial Disputes Douglas R. Schwartz is the head of the Firm’s civil litigation group. Mr. Schwartz has achieved favorable results throughout his career in commercial disputes, including a successful legal malpractice case against a prominent local law firm, a significant recovery for a client who faced construction defect and mold issues, and a multi-million dollar federal jury verdict in Alaska on behalf of an insurance company against a prominent Washington State law firm for legal malpractice. Mr. Schwartz also utilizes his expertise in defending clients in a diverse range of cases, including shareholders’ disputes, construction defect cases, business dissolutions, intellectual property disputes and wrongful termination actions. Petra M. Reinecke has over fifteen years’ experience in state and federal litigation in diverse areas, including complex commercial litigation, employment discrimination, securities litigation, intellectual property disputes, partnership dissolutions, legal malpractice, landlord-tenant disputes, construction defects actions and collections. Ms. Reinecke has throughout her career successfully represented both plaintiff and defendants in various and diverse commercial disputes. Scott R. Lovernick has experience in handling commercial disputes in both federal and state courts in employment matters, class actions, collections and contractual disputes. Collections and Bankruptcy Petra M. Reinecke has over fifteen years’ experience in collections and bankruptcy matters, including litigation of collections actions in state and federal courts, and the representation of creditors in bankruptcy proceedings, including the preparation and filing of Proofs of Claim, representation in adversary proceedings and serving on and representing Creditors’ Committees. Ms. Reinecke also has expertise in representing creditors in non-bankruptcy liquidation proceedings such as assignments for the benefit of creditors. Corporate Litigation Douglas R. Schwartz has represented corporations, limited liability companies and partnerships in a wide variety of industries throughout the course of his career. Mr. Schwartz is an expert in federal securities issues and has obtained favorable results in numerous business disputes and other corporate litigation cases. Petra M. Reinecke has over fifteen years’ experience in state and federal litigation and resolving business disputes, including complex commercial litigation, securities litigation, insider trading actions, and corporate and partnership dissolutions. Ms. Reinecke has, throughout her career, handled collection matters for corporate clients, and has developed an expertise in obtaining and enforcing large judgments against debtors located within and outside California. Employment Douglas R. Schwartz has successfully represented employers, including a large national law firm and a San Francisco parking company, in litigation involving claims of wrongful termination, sexual harassment, discrimination, failure to pay overtime and other benefits, and unfair business practices. Mr. Schwartz also advises employers in internal investigations, and has been retained to conduct internal investigations on sensitive matters. Kenneth B. Cera has developed expertise in the negotiation and drafting of various employment and consulting agreements on behalf of corporate and individual clients, both in connection with and separate from the sale or acquisition of businesses. Petra M. Reinecke has transactional experience in negotiating, drafting and interpreting employment agreements for individual and corporate clients. Throughout her career, Ms. Reinecke has counseled and assisted employers on a wide variety of matters, including hiring criteria and processes, terminations, the implementation and amendment of firm policies and procedures, drug testing, and internal investigations. Primarily a litigator, Ms. Reinecke has handled and participated in the defense of employers against lawsuits alleging wrongful termination, discrimination, and unfair business practices. Ms. Reinecke has also represented employers and employees on wage and hour claims in Superior Court and before the Labor Commissioner. Frank J. Gilbert has drafted and negotiated numerous employment and consulting agreements, including those involving executive compensations and equity issues. Mr. Gilbert has also participated in the representation of employers in defending against claims of wrongful termination, discrimination and unfair business practices. Environmental Crimes Douglas R. Schwartz has successfully represented both corporate and individual defendants against criminal charges involving both land and sea-based environmental pollution. He is one of the few attorneys in the United States who routinely represents shipping companies and their crews in federal criminal investigations involving alleged MARPOL and APPS related conduct. As a former state prosecutor in Virginia and assistant United States Attorney in the Virgin Islands and San Diego, Mr. Schwartz has invaluable understanding and insight into the government’s prosecution tactics and goals. Mr. Schwartz’s background as a prosecutor also lends significant credibility in dealing with the government prosecutors in the cases he defends, which leads to better results on behalf of his clients. Petra M. Reinecke has successfully handled and participated in the defense of numerous and varied environmental criminal cases. Ms. Reinecke is an expert in criminal investigations involving alleged MARPOL and APPS related conduct by shipping companies and their crew. Ms. Reinecke has also acquired expertise in cases involving protected species and improper waste disposal. Ms. Reinecke has litigated many Federal trials, appeals, and petitions for certiorari to the United States Supreme Court in criminal cases. She has argued numerous cases before the Ninth Circuit Court of Appeals and the California Courts of Appeal, and has obtained the reversal of a criminal conviction on appeal, among other favorable rulings. Insurance Douglas R. Schwartz has been involved in numerous disputes involving insurance coverage throughout his career, including a multi-million dollar federal jury verdict in Alaska on behalf of an insurance company against a prominent Washington State law firm for legal malpractice, and several cases on behalf of insureds seeking payment of claims from insurance companies. Petra M. Reinecke has successfully handled and participated in a diverse range of insurance claims and bad faith litigation, most recently in employment and malpractice matters. Intellectual Property Douglas R. Schwartz leads the litigation group, and has successfully prosecuted and defended actions involving trademark and copyright infringement, trade secrets, and intellectual property licenses Kenneth B. Cera has drafted and negotiated a variety of intellectual property agreements from software licenses to design licenses between the well-known Japanese artist Takashi Murakami and Louis Vuitton. Frank J. Gilbert has drafted and negotiated hundreds of intellectual property licensing and transfer agreements, software and website development agreements, manufacturing and distribution agreements involving intellectual property issues, strategic joint venture agreements, and various technology and multimedia agreements. Mr. Gilbert has participated extensively in trademark applications and trademark infringement prosecution, including managing trademark matters for a large manufacturing company with over one hundred registered trademarks worldwide. Petra M. Reinecke has transactional experience with drafting intellectual property licensing agreements and software and website development agreements, including co-branded sites. Primarily a litigator, she has for many years successfully represented a large Silicon Valley software developer, a Canadian software developer, and a San Francisco start-up in litigation involving intellectual property, including a copyright infringement action against Microsoft, and numerous prosecutions for breach of software license and purchase agreements. Internet Agreements Kenneth B. Cera and Frank J. Gilbert have extensive experience in negotiating and drafting Internet agreements and in confronting issues involved in online commerce. Mergers and Acquisitions Kenneth B. Cera has been extensively involved in mergers and acquisitions throughout his entire career. Mr. Cera’s background in income taxation helps him to counsel his clients to structure their transactions in a tax-efficient manner and to obtain the best possible financial outcome for his clients. This emphasis on tax-effective results often determines whether the transaction will be structured as a merger, sale of assets or sale of stock, and in a manner which will maximize the benefit to the client. Mr. Cera has worked on several acquisitions of companies for values in excess of $100 million, including the successful negotiation and closing of a complicated multi-party transaction involving Kate Spade, The Neiman Marcus Group, and Liz Claiborne. Frank J. Gilbert has represented numerous companies in mergers and acquisitions for over twelve years. Mr. Gilbert utilizes his expertise in intellectual property matters to counsel clients on complicated issues involving the transfer of copyrighted materials, software, trade secrets, trademarks, service marks and trade names that frequently arise in acquisitions. Mr. Gilbert also applies his background in litigation to anticipate issues that may arise following the close of the transaction, and to address those issues in the acquisition documents. Professional Liability/Legal Malpractice Douglas R. Schwartz and Petra M. Reinecke successfully prosecuted a legal malpractice case against a prominent local law firm, resulting in a very favorable settlement on behalf of the Firm’s client. Mr. Schwartz also obtained a multi-million dollar federal jury verdict in Alaska on behalf of an insurance company against a prominent Washington State law firm for legal malpractice. Real Estate Douglas R. Schwartz leads the litigation group, and has successfully prosecuted and defended actions involving substantial real estate transactions, property disputes, landlord-tenant matters, construction defects, toxic mold, and environmental pollution cases. Kenneth B. Cera has led the transactional group in negotiating and documenting a large number of real estate deals, including real property acquisitions, development projects, design contracts, and construction agreements. Mr. Cera is particularly experienced in lease issues, and has negotiated numerous office leases, commercial and retail leases, and industrial leases throughout the country. Taxation Venture Capital and Private Equity Investments Kenneth B. Cera has represented many private equity investors, including the General Catalyst Venture Funds and Transnational Group Services, in providing funding, preferred equity investment, convertible loans, bridge loans and other investment vehicles to up and coming companies. Throughout his career, Mr. Cera has also advised and represented start-up and emerging growth companies in obtaining financing and equity investment. Frank J. Gilbert has represented a wide range of entrepreneurial companies at all stages of development, from initial company formation to liquidity event, including capitalization, financing and equity investment. Mr. Gilbert has successfully advised and represented numerous private companies in corporate reorganizations, venture financings, and private placements of both common and preferred equity interests. White Collar Criminal Matters Douglas R. Schwartz has successfully represented numerous clients (both corporate and individual) against criminal charges such as environmental pollution (both land and sea-based), fraud, bribery, bank fraud, anti-trust and securities violations. Mr. Schwartz has appeared in numerous proceedings before the Securities & Exchange Commission and other administrative agencies, defending charges of insider trading and other corporate crimes. He is one of the few attorneys in the United States who routinely represents shipping companies and their crew and employees in federal criminal investigations involving alleged MARPOL and APPS related conduct. As a former state prosecutor in Virginia and assistant United States Attorney in the Virgin Islands and San Diego, Mr. Schwartz brings a unique perspective to his criminal defense practice, which provides an invaluable understanding and insight into the government’s prosecution tactics and goals. Mr. Schwartz’ background as a prosecutor also lends significant credibility in dealing with the government prosecutors in the cases he defends, which leads to better results on behalf of his clients. Petra M. Reinecke has handled and participated in a diverse range of criminal matters, including the defense of environmental, fraud, and insider trading prosecutions. Ms. Reinecke has litigated many Federal trials, appeals, and petitions for certiorari to the United States Supreme Court in criminal cases. She has argued numerous cases before the Ninth Circuit Court of Appeals and the California Courts of Appeal, and has obtained the reversal of a criminal conviction on appeal, among other favorable rulings. Ms. Reinecke has also successfully defended clients in State court proceedings involving prosecutions for fraud, theft, and drug and alcohol related offenses.
Copyright 2007 Schwartz & Cera LLP. All rights reserved. |
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