Category Archives: Kevin DeBré

Startup Superhero Series with Kimberly Brooks – Dot-Com Entrepreneur, Artist and Tech Wizard at Lightray

Join Stubbs Alderton & Markiles, LLP
for this exclusive event!

 

Startup Superhero

What is a Startup Superhero? Join us as Kimberly Brooks, Founder and Chief Strategist of Lightray, is interviewed by Kevin DeBre, Partner at Stubbs Alderton & Markiles, LLP, on the highs and lows of entrepreneurship, stories from her Dot-Com adventures, and how entrepreneurship has changed for her today.

When:
Thursday, February 23, 2017
5:30-6:15pm – Networking
6:15-7:30pm – Fireside Chat with Kimberly Brooks

Where:
SAM Preccelerator Program
1453 3rd Street Promenade, Suite 300
Santa Monica, CA 90401

Kimberly Brooks

Kimberly Brooks is a Contemporary American Painter, Innovator, Technologist. She has had numerous solo exhibitions in the United States and has been showcased in juried exhibitions, including curators from Mira Schor, Chris Burden, The Whitney Museum of American Art, The Museum of Modern Art, California Institute of the Arts, and Los Angeles County Museum of Art. As founding arts editor at the Huffington Post, Brooks grew the section to 22M unique monthly readers/month. She also founded the Science Section and Art Meets Science. In 1996, Brooks founded of Lightray, a web development incubator and design lab which works with numerous companies around the world: www.lightray.com. Website www.kimberlybrooks.com

Moderator 

Kevin DeBre Kevin D. DeBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group. Kevin advises entrepreneurs and companies that use intellectual property to build their businesses. Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements. He also counsels clients on compliance with data security and privacy laws and regulations. Kevin is a business lawyer, a registered patent lawyer and a former engineer.

Stubbs Alderton & Markiles Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of, among others, venture backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. The firm’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, videogame, apparel and medical device sectors. Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of our Firm. For more information, visit www.stubbsalderton.com

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SAM Partner Kevin DeBré Featured as Speaker at Funding in Fintech Event

Stubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a speaker at “Funding in Fintech: Who to Know, and How to Get it in Los Angeles.” The event will be February 7, 2017 in Santa Monica and will spotlight some hot startups and review the unique market dynamics that are turning Southern California into a financial services hot spot.

To find out more information about this event click here. 

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

 

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Six Stubbs Alderton & Markiles’ Attorneys Listed as 2017 Southern California Super Lawyers

Stubbs Alderton & Markiles, LLP is pleased to announce that six lawyers have been named to the 2017 Southern California Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.

Stubbs Alderton & Markiles, LLP would like to congratulate the following attorneys named to the 2017 Super Lawyers list –

Scott Alderton - Super LawyersScott Alderton is a founding partner of the Firm, Managing Partner, and a member of the Firm’s Executive Committee.  Scott is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group and chair’s the Firm’s Interactive Entertainment and Video Games Group. Scott advises both public and private clients across a number of industries, including technology, manufacturing and distribution of goods in commerce, finance, the Internet, interactive video games, and new media industries.

Joe Stubbs - Super LawyersJoe Stubbs is a founding partner of the Firm, and a member of the Firm’s Executive Committee. He is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group, and of the Firm’s Mergers and Acquisitions Practice Group. Joe practices in the areas of corporate and securities law, emphasizing the corporate representation of both publicly-held and privately-held emerging growth and middle-market companies, venture capital and private equity firms, angel investment groups and investment banks.

Michael Sherman - Super LawyersMichael Sherman is an accomplished trial lawyer in high-stakes, “bet-the-company” litigation, and has represented both large and early-stage companies as well as entrepreneurs in all facets of business and complex commercial litigation. He has evenly split his litigation practice on both the plaintiff and defense side of cases, has first-chaired numerous trials in complex matters in industries as varied as energy, securities, healthcare, environmental, consumer products, technology, project development/finance, advertising, real estate and apparel, and is highly skilled in class actions and unfair competition law.

Jeffrey F. GershJeff Gersh - Super Lawyers is a Partner of the Firm. He has litigated, arbitrated, or mediated complex business and commercial matters, for both plaintiffs and defendants, whether individuals, public or private corporations, partnerships, limited liability companies and/or its members, shareholders and partners, involving various types of disputes, including contract matters, trade secrets, intellectual property (trademarks, copyrights and trade dress) negligence and fraud, employment, real estate, license agreements, the apparel and garment industry, and general business matters.

Kevin Debre - Super LawyersKevin D. DeBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group.  Kevin advises entrepreneurs and companies that use intellectual property to build their businesses.  Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.  He also counsels clients on compliance with data security and privacy laws and regulations.

Tony Keats is a partner of the Firm and Co-chair of the Trademark and Copyright Practice Tony Keats - Super LawyersGroup. Tony’s almost three decade legal career has focused on both the legal and business protection of brands and creative content from consumer products to entertainment, from designer goods to the Internet. Since he commenced practice, he has provided counsel and has litigated cases on behalf of many of the world’s largest consumer product and entertainment companies, as well as individual entrepreneurs, actors, and musicians. Tony’s litigation background also includes related commercial matters involving unfair competition, contract disputes, rights of publicity violations, business torts, domain name infringement, and idea submission claims.

The official Super Lawyers 2017 publication can be read in its entirety here.

For more information about Stubbs Alderton & Markiles, contact Heidi Hubbeling at hhubbeling@stubbsalderton.com or (310) 746-9803.

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SAM Partner Kevin DeBré Featured as Speaker at California State Bar Event

Kevin DeBréStubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a speaker at “Tips and Tricks for IP Practitioners” presented by The State Bar of California. A fireside chat with startup technology attorney, Kevin DeBré, and Founder of Ring, Jamie Siminoff discussing innovation within a startup and considerations driving decisions about IP protection and enforcement. The event will be Tuesday, January 24, 2017 at the JW Marriott Santa Monica Le Merigot.

For more information about the event visit their website here. 

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

 

 

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SAM Alert- Employers Must Now Provide Notice of Whistle Blower Immunity

Important Business News
from
Stubbs Alderton & Markiles, LLP

Employers Must Now Provide Notice of Whistle Blower Immunity

New Federal Trade Secrets Law Requires Immediate Changes to Employee and Contractor Agreements

Starting May 12, 2016, all agreements with employees and individuals that are independent contractors or consultants governing the use of trade secrets or confidential information must include a notice of immunity for the disclosure of a trade secret to the government or in a court filing.  Under the Defend Trade Secrets Act (“DTSA”), the disclosure of a trade secret will be immunized from civil and criminal liability if it is made (i) in confidence to a Federal, State or local government official, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law or (ii) in a lawsuit complaint or other court documents filed under seal.  Failure to comply with this new legal requirement may preclude a company from recovering punitive damages or attorneys’ fees in a lawsuit against an employee or contractor for trade secret theft.  Also, it is possible government agencies could bring regulatory enforcement actions and employees could bring class action lawsuits against companies that fail to provide this notice.

Our recommendation for adapting to the new law:

  • Update agreements with employees, independent contractors and consultants. The required notice must be included in any contract or agreement with an employee or individual that is an independent contractor or consultant that governs the use of a trade secret or other confidential information.  This includes employee confidentiality and intellectual property assignment agreements, independent contractor agreements, consulting services agreements, professional services agreements, advisory board member agreements, intern agreements and nondisclosure agreements, and any amendments and renewals of such agreements entered into prior to the date the new law went into effect.  Instead of stating the immunity notice in each agreement, the agreement may cross-reference to a policy document (e.g., employee handbook) containing the company’s reporting policy for a suspected violation of law.

How Stubbs Alderton & Markiles, LLP can help.  We are a business law firm with expertise in intellectual property law. Our standard employee, independent contractor, nondisclosure and advisory board member agreements have been updated to comply with the DTSA’s notice of immunity requirement.  We can help update your employee and independent contractor agreements.

Kevin_DeBre
Kevin D. DeBré
leads the firm’s Intellectual Property and Technology Transactions Practice Group advising entrepreneurs and growth companies on how to use technology and intellectual property in building successful businesses.  For more information, email Kevin at kdebre@stubbsalderton.com.

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Five Stubbs Alderton & Markiles’ Attorneys Listed as 2016 Southern California Super Lawyers

Stubbs Alderton & Markiles, LLP is proud to announce that five of their attorneys have been listed in the 2016 Southern California Super Lawyers edition.  Congratulations to Scott Alderton, Joe Stubbs, Kevin DeBré, Tony Keats, and Michael Sherman.

What is Super Lawyers? Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.  To view the digital publication, click here.

A little bit more about the attorneys:

Scott_AldertonScott Alderton – a founding partner of the Firm, Managing Partner, and a member of the Firm’s Executive Committee.  Scott is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group and chair’s the Firm’s Interactive Entertainment and Video Games Group.  Scott advises both public and private clients across a number of industries, including technology, manufacturing and distribution of goods in commerce, finance, the Internet, interactive video games, and new media industries.

Joe_StubbsJoe Stubbs –  Joe Stubbs is a founding partner of the Firm, and a member of the Firm’s Executive Committee.  He is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group, and of the Firm’s Mergers and Acquisitions Practice Group.  Joe practices in the areas of corporate and securities law, emphasizing the corporate representation of both publicly-held and privately-held emerging growth and middle-market companies, venture capital and private equity firms, angel investment groups and investment banks.  He acts as outside general counsel to numerous emerging growth and technology companies, advising on a wide range of legal and strategic issues at all stages of their evolutionary path.  He particularly concentrates on advising companies in preparing for and successfully completing their angel, venture capital, private equity and debt financing transactions, their merger, acquisition and divestiture transactions and their initial and follow-on public offerings.  He also serves as outside general counsel to various publicly-held companies, providing advice on all aspects of their business activities, including securities law compliance and corporate governance matters.  His experience also includes corporate partnerships, restructurings and technology licensing.

Kevin_DeBreKevin DeBré – Kevin D. DeBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group.  Kevin advises entrepreneurs and companies that use intellectual property to build their businesses.  Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.  He also counsels clients on compliance with data security and privacy laws and regulations.  Kevin is a business lawyer, a registered patent lawyer and a former engineer.  He focuses on representing software companies, semiconductor design firms, mobile commerce businesses, e-commerce enterprises, electronics and hardware manufacturers, media companies, content developers and publishers, biotechnology companies and medical device manufacturers both in the United States and abroad.

Tony-Keats-v2Tony Keats – Tony Keats is a partner of the Firm and Co-chair of the Trademark and Copyright Practice Group. He was a founding partner of Keats, McFarland & Wilson LLP, in Los Angeles, and intellectual property practice team leader for the national law firm Baker & Hostetler. Tony’s almost three decade legal career has focused on both the legal and business protection of brands and creative content from consumer products to entertainment, from designer goods to the Internet. Since he commenced practice, he has provided counsel and has litigated cases on behalf of many of the world’s largest consumer product and entertainment companies, as well as individual entrepreneurs, actors, and musicians. Tony’s litigation background also includes related commercial matters involving unfair competition, contract disputes, rights of publicity violations, business torts, domain name infringement, and idea submission claims. Tony developed intellectual property protection programs for some of the largest entertainment properties in Hollywood history.

Michael_ShermanMichael Sherman – Michael Sherman is a Partner of the Firm and Chair of the Business Litigation practice group.  Michael is an accomplished trial lawyer in high-stakes, “bet-the-company” litigation, and has represented both large and early-stage companies as well as entrepreneurs in all facets of business and complex commercial litigation. He has evenly split his litigation practice on both the plaintiff and defense side of cases, has first-chaired numerous trials in complex matters in industries as varied as energy, securities, healthcare, environmental, consumer products, technology, project development/finance, advertising, real estate and apparel, and is highly skilled in class actions and unfair competition law. Michael’s trial skills and courtroom success resulted in his being named several years ago to the “Top 100 Lawyers” in California list, published by the Daily Journal newspaper chain. He has consistently been named to “Best Lawyers in America”.  Michael has been recognized as a leading trial lawyer by his peers and featured in the press for some of his significant victories on behalf of clients. He is a recent past president of the Los Angeles Chapter of the Association of Business Trial Lawyers. He is a frequent speaker and writer on business litigation and trial advocacy.

For more information about Stubbs Alderton & Markiles, contact Heidi Hubbeling at hhubbeling@stubbsalderton.com or (310) 746-9803.

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SAM Alert – “.sucks” gTLD – End of Sunrise Period Quickly Approaching

.sucksAs the Internet Corporation for Assigned Names and Numbers (ICANN) has released new generic top-level domains (gTLDS), clients concerned about protecting their trademarks and famous names need to review their positions with respect to “defensive” domain name registrations.  The new gTLD receiving a surprising amount of attention is “.sucks”. Owners of registered trademarks who register prior to June 19, 2015 ( end of ‘Sunrise Period) with the Trademark Clearing House of ICANN will have the first opportunity to purchase the “.sucks” gTLD domain names. Those trademark owners who do not register or are not registered may still have an opportunity to acquire this gTLD . Unfortunately they may also face having to buy the “.sucks” gTLD from cybersquatters or those who seek to criticize the business or activities of the trademark owner.

The Trademark Clearing House fee to acquire the “.sucks” domain name during the Sunrise Period is higher than after the window closes as no priority is guaranteed. So the rights holder must consider how far it needs to go in defensively protecting its reputation or famous marks. Is it important to stop all gTLD’s using your trademark or name? Do you want to have to manage a portfolio of non-productive domain names? While critics of a company or individual might use the new “.sucks” gTLD to launch a website that contains criticism, how much of a difference would such a website make to the business or career of the target?  Couldn’t the same critics more easily use social media such as TWITTER or FACEBOOK to communicate the same criticism and possibly with greater impact and less effort?  A rights holder must also consider how difficult it will be under the current law to be able to stop such websites based on trademark infringement as such websites have been found not to violate owners’ trademark rights. Although the content of the site may be the basis for other legal claims.

Nevertheless, there are certain businesses and personalities for whom the existence of a critical or seemingly defamatory web presence cannot be tolerated. In such instances, obtaining the “.sucks” gTLD as well as “.XXX, .porn, and .adult” gTLD’s makes sense and provides a comfort level knowing that someone cannot post on these websites or hold up the rightful name owner for large sums of  money to acquire these gTLD’s.

Please contact your principal attorney at SAM or SAM’s Intellectual Property Group to assist you in obtaining any of the new gTLD’s during the sunrise period or thereafter.

 

Please contact:

Kevin DeBre-Kdebre@stubbsalderton.com or (818) -444-4521

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SAM Encourages you to Attend: Opus Connect’s VC Chapter: “Building for an Exit” – May 28, 2015

Opus Connect

VC Chapter:
Building for an Exit

 

Thursday, May 28, 2015
8:00-10:00am

Venue:  Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 300
Santa Monica, CA 90401

Register!

Entrepreneurs are driven by a passion to build companies. Inherent in this drive is the desire to create products or services that are superior to their predecessors, so that they make business more efficient, elevate the customer experience, or improve the quality or longevity of life. Of course, underpinning all entrepreneurial endeavors is the goal for profit and the maximization of enterprise value. While such value may be realized in many forms and through various mechanisms, it is the corporate “exit” with which most are keenly familiar. But, is it ever too early to plan for an “exit”? Should every CEO have an exit in mind when building a business? Does building for an exit conflict with the goal of entrepreneurship, which is to build great companies? Please join us for a lively breakfast discussion, where panelists will debate the merits and pitfalls of building early-stage companies for a corporate sale. Panelists will include seasoned entrepreneurs, investors, and bankers, with a range of perspectives on the topic at hand.

Moderator:

Kevin DeBré, Partner, Stubbs Alderton & Markiles, LLP – Kevin D. DeBré leads the intellectual property and technology transactions practice at Stubbs Alderton and Markiles, LLP, a corporate, securities, M&A and intellectual property law firm in Los Angeles and Santa Monica. Kevin is a business lawyer, a registered patent attorney and a former engineer. He advises entrepreneurs and companies that use intellectual property to build their businesses and also counsels clients on compliance with data security and privacy laws and regulations. Kevin received his J.D. degree from Hastings College of the Law and his B.S. degree from the University of California, Davis.

Panelists:

Roberta Jacobs, CEO at FANATTAC – Roberta Jacobs is a C-level executive who earned her global expertise in consumer technologies working for American and Japanese companies in Asia, Europe and Latin America. She was the decision-making executive for Viacom’s new media assets including Star Trek, Mission Impossible and SpongeBob. In between corporate positions she worked with well-known start-ups helping them to launch, get funded and/or acquired including Craigslist, WIRED, Hewlett Packard’s “portable music platform,” Sega, First Data Corporation and JVC Electronics. She has been instrumental in the sale of four different companies in part or in whole to First Data Corporation, eBay, Conde Nast and Forstmann Little.

Kambiz Aghili, Managing Partner at K2 Capital Partners  – Kambiz Aghili is a Managing Partner and a co-founder of K2 Capital Partners. He has more than a decade of experience in product strategy, management consulting, market and competitive positioning, intellectual property and operational advisory services. Prior to co-founding K2 Capital Partners, Mr. Aghili served as a managing partner at Eton & Stallion Capital, offering strategy consulting, capital formation, M&A and private to public structured products to family offices and lower/middle market firms. Mr. Aghili has served as a senior fellow for UCLA Anderson School of Management’s entrepreneurship center since 2009. In this capacity, he managed consultants and advised 100+ lower/middle market companies on growth and business strategy formation including business plan development, competitive positioning, sales/channel expansion, capital formation and post-merger integration. Previously as the managing director of the AFH Holding and Advisory family office in Beverly Hills, he led the placement of strategic private and public equity/debt investments. In his prior role as a director of product strategy and intellectual property for Teradata Corporation, Kambiz actively contributed to M&A engagements and strategic partnerships. He also led and contributed to numerous buy vs. build product roadmaps in emerging technologies, database management and big data analytics and managed large development teams across the U.S., India and China. Mr. Aghili earned executive training in business strategy from Harvard Business School, an M.B.A. from UCLA Anderson School of Management in business strategy and finance, as well as PhD and M.S. degrees in computer science from the University of California at Santa Barbara.

Brett Parker, Co-Founder & COO of Cargomatic, Inc – Brett Parker is Co-Founder and COO of Cargomatic, Inc., a technology platform that connects shippers and truckers in real-time (“Uber for Trucking”). Previously, as Managing Partner of The Triangle Group, Brett oversaw large national accounts, such as Dillard’s, Belk and Perry Ellis and was instrumental in Levi Strauss and Co.’s launch into Target and Walmart, considered one of the largest apparel launches in history. At Triangle, Brett was directly responsible for the strategic growth, as well as financial and operating performance of West Coast operations. Brett serves as a Board Member of the CSCMP, Southern California, earned a BA from University of Colorado, Boulder, and a JD from The Pepperdine University School of Law.

Jon Kraft, Managing Partner at LiftOff  – Jon Kraft has over 20 years of experience as an entrepreneur in software and consumer digital media, and is currently Managing Partner at LiftOff, a Business Accelerator, and an advisor for several early stage companies. He was most recently Chief Operating Officer and a member of the founding team at UberMedia, Idealab’s prominent Internet start-up which he helped build into the world’s leading independent developer of mobile social apps. Before that, he was Co-founder and Chief Operating Officer for Big Stage Entertainment, Inc., an advanced avatar platform company recognized by Forbes in 2009 as one of America’s 20 Most Promising Companies, and sold to Image Metrix (IMGX:OTC) in 2010. Jon previously served as Co-founder and CEO of Pandora Media, the largest and fastest growing online radio product in the world with over 150M registered users in the U.S. (NYSE: P). Jon was also a Co-founder of Stanford Technology Group, an innovator in the relational OLAP market, funded by Sequoia and Hummer Winblad, and acquired by Informix Corporation in 1995. Jon served four years as Chairman of the Technology Council of Southern California, and currently sits on that organization’s Board of Directors. Jon holds a B.A. from Stanford University. 

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“The Inventors – Tools & Tips on IP Strategy Development in the Sustainable Industry”

Intellectual Property Strategy

SAM Partner Kevin DeBré moderated a Sustainability Council event panel entitled “The Inventors – Tools & Tips on IP Strategy Development in the Sustainable Industry.”

Other panelists include:

Wally Rippel – Co-Founder & CTO, AC Propulsion
Spencer Brown – Founder, Rent-A-Green Box
Elizabeth Gibson, Managing Counsel, Toyota Legal One c/o Toyota Motor Sales U.S.A. Inc.

Kevin DeBré has also authored a U.S. Intellectual Property Protection handout that outlines each form of IP Protection and its advantages and disadvantages. To view the handout, click US IP Summary Handout.

For more information on our Intellectual Property practice, contact Kevin DeBré at kdebre@stubbsalderton.com or (818) 444-4521.

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Kevin DeBré’s Article “Let Your Business Strategy Drive IP Protection” Featured in the WSJ’s The Accelerators Column

 

WSJ

SAM Partner Kevin DeBré‘s article “Let Your Business Strategy Drive IP Protection” has been featured in today’s edition of the online WSJ column, The Accelerators.

Kevin discusses how a startup company can protect their innovation while furthering their business objectives.

To read the full article, click here.

Kevin DeBré advises entrepreneurs and companies engaged in building businesses based upon technology or intellectual property assets and he has particular expertise in structuring and negotiating intellectual property-driven deals. A business lawyer, a registered patent lawyer and a former engineer, Kevin handles a wide range of transactions, develops IP protection strategies and advises management teams on compliance with privacy and data security laws and regulations.

For more information about our Intellectual Property Practice, contact Kevin at (818) 444-4521 or kdebre@stubbsalderton.com

 

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