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News
2008
RICHARD
J. HOLZER JR. PRESENTS ON INTELLECTUAL PROPERTY RISKS
On October 22, 2008, Mr. Holzer teamed up with Jonathan
Stutz of Moreton & Company for a presentation entitled
“INTANGIBLE PROPERTY/TANGIBLE RISK – Managing
Intellectual Property and Cyber Risk with Legal and
Insurance Resources”. The presentation was given
at the Denver Athletic Club to a number of Denver-area
executives and investors. This intellectual property
presentation is expected to be part of a series of educational
events sponsored by Hensley Kim & Holzer, LLC and
Moreton & Company. Please contact Mr. Holzer at
720-377-0774 for more information.
RYAN WARREN
PRESENTS ON CONSTRUCTION LAW AT CAHB CONFERENCE.
On October 10, Mr. Warren spoke at the Colorado Association
of Home Builders (CAHB) Annual Conference in Beavercreek,
Colorado. Hensley Kim & Holzer, LLC was also a major
sponsor of the event. Mr. Warren's presentation, entitled
"Bulilding By The Law: Contracts And Construction
Defects," was designed to help construction professionals
respond to Colorado's litigious landscape. Mr. Warren
will also be presenting at local Home Builder Association
chapters over the next year on a variety of legal issues
affecting construction professionals. Please contact
Mr. Warren at 720-377-0726 for more information.
HKH REINFORCES
IP GROUP WITH ADDITION OF ERIC R. DRENNAN.
Mr. Drennan is a registered patent attorney practicing
in the field of intellectual property law. His practice
focuses on the preparation and prosecution of patent
applications in a variety of technical areas including
image processing, computer & network security, networking
technology, mechanical devices, data storage technology
and intranet & business methods.
During law school, Mr. Drennan
clerked with three separate law firms, one located in
Munich, Germany. Further, he completed Dr. Chisum's
International IP law summer program. Through a clinical
criminal defense program, Mr. Drennan made multiple
court appearances representing indigent defendants.
Finally, he competed in a variety of moot court competitions
and served as vice-president of the DU criminal law
association.(Link
to Bio).
HKH REINFORCES
IP GROUP WITH ADDITION OF ANTHONY R. MORRIS.
Mr. Morris’ practice includes the preparation
and prosecution of patent applications in a variety
of technical areas including: computer hardware and
software, optics, interferometry, mechanical and electro-mechanical
devices, and computer networks. Prior to law school,
Mr. Morris worked with the Boeing Commercial Airplane
group, where he focused on interior noise design. He
also worked with Materials Sciences Corporation, where
he specialized in composite structure design and testing.
In private practice, Mr. Morris has drafted and prosecuted
domestic and foreign patent applications for corporations.(Link
to Bio).
HKH REINFORCES
TWO PRACTICE AREAS WITH ADDITION OF JENNA L. SYRDAHL.
Before joining Hensley Kim & Holzer, Jenna Syrdahl
practiced civil litigation and appellate law as an Assistant
Attorney General with the State of Florida Attorney
General’s Office, Honors Program. While at Florida
State University College of Law, Ms. Syrdahl served
as a judicial law clerk to the Honorable Paul M. Hawkes
at the Florida First District Court of Appeal. She was
also a member of the Florida State University Law Review,
competed in the Robert Orseck Memorial Moot Court Competition,
and studied abroad at the University of Oxford in the
FSU Summer Law Program.
As second chair trial attorney,
Ms. Syrdahl successfully represented the Attorney General’s
Office on behalf of numerous Florida property owners
in obtaining a $6.4 million judgment for damages and
penalties resulting from an elaborate real estate scam
involving deceptive contracts and slander of title.
Ms. Syrdahl received her B.S. from Ohio Northern University,
Ada, Ohio in 2002 and received her J.D. from Florida
State University College of Law, Tallahassee, Florida
in 2006. (Link
to Bio).
HKH's Ryan
Warren outlines legal blueprint to construction professionals.
Centennial, CO - September
16, 2008 Attorneys Ryan Warren, head of construction
law for Hensley, Kim and Holzer, LLC and David McLain
partner in Higgins, Hopkins, McLain & Roswell, LLC,
will discuss construction defects legislation past,
present and future at a Builder/Developer Eye-Opener
Breakfast. This must attend event is free for HBA builders
and developers and will describe some very prudent preventive
measures construction professionals should be taking
in today's litigious atmosphere. Join them for some
great food, gourmet coffee, and a Q&A forum on this
timely, and undoubtedly relevant topic. Ryan Warren
is an active member of CAHB’s Legislative Affairs
Committee and the annual Builder Conference Committee.
September 16, 2008
7:30—9:30 a.m.
Pro Building Supply
7025 S. Fulton St. Unit 150
Centennial, CO 80112
Call (303) 778-1400 to RSVP
HKH'S CORPORATE
AND SECURITIES PRACTICE ADDS EXPERIENCE AND DEPTH.
HKH enhances its Corporate and Securities practice with
the addition of the Corporate and Securities group from
the Denver office of Solomon Pearl Blum Heyman &
Stich LLP, which closed its doors at the end of May
2008. Clifford R. Pearl, former managing partner of
Solomon Pearl's Denver office, advises companies and
individuals on an extensive range of business, corporate
and securities law matters. His practice emphasizes
corporate and securities law representation, including
domestic and foreign companies in public and private
securities offerings and merger and acquisition transactions.
Mr. Pearl's practice includes advising on public company
compliance and preparation of periodic reports and proxy
materials for public company clients and representation
of clients involved in takeovers, proxy contests, joint
ventures, debt and equity financings, and a full range
of contractual and licensing matters. Mr. Pearl graduated
from Boston University School of Law in 1984 and received
his M.B.A from the University of Colorado at Denver
in 1989. Mr. Pearl is admitted to practice in the states
of Colorado and New York. View
Bio.
Timothy R. Spiel's practice emphasizes
mergers and acquisitions and corporate, securities,
and entity formation law. He has experience in advising
on public company compliance, the preparation of periodic
reports and proxy materials for public companies, drafting
disclosure documents for both public and private securities
offerings including both debt and equity financings,
drafting merger and acquisition agreements involving
both public and private companies and joint ventures
as well as a full range of contractual and licensing
matters. Mr. Spiel received his B.A.with honors from
Northwestern University, Evanston, IL, in 1993. He graduated
Magna Cum Laude with his J.D. from Tulane Law School,
New Orleans, Louisiana in 1998. Mr. Spiel is admitted
to practice in the states of Colorado and New York.
View Bio
2007
HKH adds further
depth and experience to Litigation Group with three
new attorneys.
Michelle A. Pinkowski, Ryan E. Warren
and Michael P. Dulin have joined HKH's Litigation Group,
adding strategic depth, complex commercial and business
litigation experience, and a convincing track record of
successful dispute resolutions, actions, and defenses.
Michelle
Pinkowski successfully represents corporate
and individual clients through the litigation process
and at trial and arbitration. Ms. Pinkowski's trial
practice focuses on commercial litigation, insurance
coverage and bad faith, construction defect litigation
and real estate related disputes, products liability
and toxic torts, and complex personal injury cases.
Ms. Pinkowski also advises clients on pre-litigation
dispute resolution, insurance coverage and risk management,
and acts as coverage and advisory counsel in litigation
matters. (Link to Bio)
Ryan Warren
is an experienced construction and business litigator.
He also advises clients in the drafting and negotiation
of construction and other contracts. Mr. Warren litigates
cases on behalf of both plaintiffs and defendants.
Having experience on both sides of the "fence"
provides Mr. Warren unique insights into the strategies
of his opponent. (Link to Bio)
Michael
Dulin concentrates on complex commercial litigation
representing industry-leading corporations in intellectual
property matters such as trademark infringement, copyright
infringement, anti-cybersquatting, patent infringement,
unfair competition, and trade secret matters. His
trademark infringement experience includes successful
claims and defenses involving a variety of industries
including finance, manufacturing, and retail sales.
(Link to Bio)
HKH strengthens its Intellectual Property
Group with the addition of Sarah "Sally" Brashears.
Ms.Brashears´ legal experience includes private
practice as well as in-house practice as IP counsel with
several start-up biotech companies in Silicon Valley.
Her practice includes over fifteen years of legal experience
drafting and prosecuting patent applications primarily
in the medical device and biotechnology arts. Additionally,
she has experience and knowledge in the semiconductor
and computer arts. Ms. Brashears has personally drafted
over 180 original patent applications and has extensive
transactional and licensing experience. (Link
to Bio)
HKE Announces Firm Name Change
Hensley Kim & Edgington today announced
that the firm's name has been changed to Hensley Kim
& Holzer, LLC effective immediately. Rick Holzer
joined the firm in 2004 and has since provided the leadership
necessary to establish a preeminent Intellectual Property
practice in the region, specializing in patent prosecution
and intellectual property counseling. Founding partner,
Darren Hensley had this to say about Mr. Holzer’s
important role in the continued success and growth of
the firm, "Rick has brought incredible value to
the firm with his high level of expertise and unsurpassed
enthusiasm for his practice and our clients. His dedication
to superior legal counsel and client service are a perfect
match with the culture of our firm. We know that he
played a crucial role in our growth and wanted to change
the name of our law firm to reflect this."
HKE Represents McDATA In Their $973
Million Acquisition By Brocade.
Hensley Kim & Edgington represented McDATA in their
$973 million acquisition by Brocade of San Jose, California,
the third largest deal in Colorado in the first quarter
of 2007. The combination of Brocade and McDATA has created
the world's leading networked storage solutions company,
helping enterprises connect and manage their information.
Over the past few years HKE has represented McDATA in
several significant acquisitions and financings, as well
as other various business transactions and intellectual
property matters, leading up to and including McDATA's
sale to Brocade.
HKE Intellectual Property Partner, Richard
J. Holzer, Jr. Presents At Software IP Strategy Summit
In Palo Alto Feb. 20-21, 2007
At the 2007 Software IP Strategy Summit in Palo Alto,
the premier corporate counsel event for intellectual
property portfolio maximization, Richard J. Holzer,
Jr., HKE partner, took part in a panel of esteemed legal
counsel discussing the merits of well-written patent
claims and the various types of claims available. The
panel also analyzed the impact of the recent PTO rules
changes on claim drafting strategies.
Topics the panel covered included the importance of
a well-run invention disclosure meeting, and the various
types of patent claims and the types of protection they
provide. The claims discussed included business methods
claims, data structure claims, programming interface
claims, user interface claims, and dependent Beauregard
claims.
Software companies are aggressively pursuing patent
protection, even as the legal contexts and strategies
change in the face of litigation threats, open source
considerations, and economic pressures.
2006
HKE adds depth to its
Intellectual Property Group with the addition of Allison
Olenginski.
Ms. Olenginski is a registered patent attorney practicing
in the field of intellectual property law. Her practice
includes the preparation and prosecution of domestic
and international patent applications in a variety of
technical fields including; software; computer hardware;
signal processing; drug delivery systems; image processing;
IP telephony; medical devices; circuits; automotive
technologies; bearing devices; braking systems; brazing;
metallurgy; optics; and semiconductors. (Link
to Bio)
HKE represented a growing private
company with its Series A Preferred Stock financing
HKE represented a growing privately
held company in connection with a $5 million Series
A Preferred Stock financing. The transaction closed
in July 2006.
HKE represented The Himark Group,
LLC in the acquisition
of the assets of a telephone conferencing business
HKE represented The Himark Group, LLC in the acquisition
of all the assets of a California based telephone conferencing
service business. The Himark Group, LLC is a Colorado
based privately held business providing a wide range
of telephone conferencing services.
HKE represented Data393
Holdings, LLC with its $3 million private placement
HKE represented a Data393 Holdings, LLC, a growing privately
held company, in connection with a $3 million private
placement. Data393, LLC is a data center and network
services company located in Denver, Colorado.
HKE Is Patron Sponsor For Annual
AUTM Event
"It's not your discovery until it's protected"
was the theme presented by HKE at the 2006 Western Region
AUTM Conference, a gathering of over 150 attendees involved
in technology transfer at universities and other research
facilities across the western United States. For a copy
of the HKE presentation on the proposed upcoming changes
from the USPTO, click
here.
HKE Trial Team Obtains Victory
In Phillips v. AWH - March 2006
HKE litigators represented Plaintiff Edward Phillips
at trial in the landmark patent infringement action
Phillips v. AWH Corp., et al in Federal District Court.
The jury in the case found willful infringement by the
defendants and awarded Phillips a multi-million dollar
judgement.
HKE Sponsors Technology Transfer
Awards at the University
of Colorado - January 2006
HKE proudly sponsored the fourth annual Technology Transfer
Office awards which celebrate people and companies that
demonstrate outstanding innovation and achievement in
technology
2005
HKE GROWS STRATEGICALLY IN LAST
QUARTER OF 2005
HKE has expanded its scope of
expertise with the addition of 2 highly accredited attorneys.
William T. Slamkowski joins
HKE's Real Estate and Litigation Practice Groups. Slamkowski
has represented and advised Fortune 100 companies, private
companies and individuals in large and small matters
relating to contracts, real estate, intellectual property,
lending and insurance. Mr. Slamkowski is a graduate
of Forham University Law School and worked with Chase
Manhattan Bank in New York City before relocating to
Denver in 1995. He is admitted to practice in New York
and Colorado.
(Link to
Bio)
Thomas J. Osborne joins
the Intellectual Property Practice of HKE as Registered
Patent Attorney.
Thomas Osborne
has practiced intellectual property law as a registered
patent attorney for over a decade. His practice focuses
on preparing and prosecuting patent and trademark applications,
counseling clients with respect to their intellectual
property rights, and managing international patent and
trademark portfolios. Mr. Osborne is a graduate of Notre
Dame Law School. (Link
to Bio)
HKE represents McDATA
in completion of $235 million
merger acquisition of Computer Network Technology Corporation.
BROOMFIELD, Colo. — McDATA Corporation (Nasdaq:
MCDTA/MCDT), a leading provider of storage networking
solutions, announced that it has completed the acquisition
of Computer Network Technology Corporation, “CNT”
(Nasdaq: CMNT), a global expert in storage networking
solutions. Founded in 1983, CNT has been one of the
world's largest providers of comprehensive storage networking
solutions, products and services, with 12 international
subsidiaries and clients in more than 30 countries.
Businesses worldwide depend on CNT to deliver business
continuity solutions that drive efficiency, lower costs
and reduce IT risks in the enterprise. (http://www.mcdata.com/about/news/releases/2005/0601.html
HKE represents McDATA
in sale of non-strategic assets to Solectron USA, Inc.
McDATA Corporation is represented by HKE for all aspects
of the sale of assets of products used for storage and
data networks to Solectron USA, Inc., a company providing
electronics
supply chain services to original equipment manufacturers.
HKE represents Data393
Holdings, LLC in
a private placement of Class B membership units.
HKE represents individual
investors in Ablecomm, Inc equity investment.
HKE represents individual purchasers in all aspects
of stock acquisition of Ablecomm, Inc., a coffee catering
company.
HKE represents F.A.S.T.
Learning LLC. in debt transaction.
HKE is responsible for all aspects of debt investments
in literacy intervention program company.
2004
Arnold Transportation
Services, Inc. is represented
by HKE in management leveraged buyout.
HKE represents management in the second management leveraged
buyout of Arnold Transportation, Inc., a trucking company
with majority ownership by a financial buyer.
HKE represents management
in sale by merger of RentPort, Inc. to TransUnion.
CHICAGO and GREENWOOD VILLAGE, Colo. – June 3,
2004 – TransUnion, a leading global information
solutions company, today broadened its solutions capabilities
with the acquisition of Rent Port, Inc, a leading provider
of online applicant scoring and decisioning solutions
used in the property management industry. The strategic
acquisition helps TransUnion extend its role as an enabler
of commerce by providing intelligence-based risk management
offerings in the property management segment.
HKE responsible for all
aspects of $3 million sale of membership interests
of Telecom Software Enterprises, Inc. to Evolving Systems
ENGLEWOOD, Colorado -- Evolving Systems, Inc. (NASDAQ-EVOL),
a leading provider of innovative software solutions
and services to the wireless, wireline and IP carrier
market, today announced the acquisition of privately
held Telecom Software Enterprises, LLC for $2.4 million
in cash plus additional consideration payable upon the
achievement of certain performance incentives. With
offices in Greenwood Village, Colorado, Telecom Software
is a provider of wireless and local number portability
(LNP) testing and service assurance products. http://www.evolving.com/site/company/press_releases.php?articleId=179
HKE represented Harbert
Funds in PIPE deals.
HKE serviced this client in all aspects on investment
documents and due diligence review for numerous PIPE
transactions.
HKE represents investors
in financing for LifePics Inc.
HKE prepares bridge financing investment in LifePics.
Inc., an online image solution company.
HKE represents individual
investors in bridge financing
with Blue Lime Software Inc.
Bridge financing investment in Blue Lime Software, Inc.,
a software company is successfully executed by HKE.
HKE represents Data393
Holdings, LLC in private placement.
HKE represents Data393 Holdings, LLC in private placement
of membership units.
HKE represents Data393
Holdings, LLC in private placement.
HKE provides services in a private placement of common
stock.
Asset sale is completed by HKE
for Knox Publishing Co.
HKE represents Knox Publishing Co. in the sale of all
assets.
2003
HKE represents McDATA Corporation
in $102 million
acquisition of Sanera Systems, Inc.
BROOMFIELD, Colo. — McDATA® Corporation (Nasdaq:
MCDTA/MCDT), the expert provider of multi-capable storage
networking solutions, today announced the completion
of its acquisition of Sanera Systems, a provider of
highly scalable and reliable enterprise storage networking
solutions. The acquisition of Sanera extends McDATA’s
leadership at the core of the world’s largest
data centers and accelerates its vision of delivering
a real-time storage services infrastructure. http://www.mcdata.com/about/news/releases/2003/0930.html
HKE represents McDATA Corporation
in $83 million
acquisition of Nishan Systems, Inc.
BROOMFIELD, Colo. — McDATA® Corporation (Nasdaq:
MCDTA/MCDT) today announced definitive agreements to
acquire Nishan Systems, a privately held company and
the world’s first supplier of native IP storage
networking solutions; and Sanera Systems, a privately
held company and provider of highly scalable and reliable
enterprise storage networking solutions.
SUCCESSFUL M&A SEMINAR
The firm would like to thank all those who attended
the August 19, 2004 "The Art of Business Acquisitions:
The Fundamentals of M&A in Colorado" seminar at
which Darren Hensley was a presenting faculty member.
RICHARD HOLZER JOINS THE FIRM
On June 19, 2004, Richard J. Holzer, Jr. joined Hensley
Kim & Edgington, LLC as Of Counsel. Mr. Holzer's
practice focuses on intellectual property law, emphasizing
the development and management of intellectual property
portfolios for clients of all sizes. He is a registered
patent attorney who has drafted and prosecuted hundreds
of U.S. and foreign patent applications, in addition
to preparing and prosecuting trademark applications.
Mr. Holzer's extensive intellectual property experience
complements the firm's existing business practice, enabling
us to offer business clients a one-stop shop for litigation,
transactional, real estate and intellectual property
needs. A graduate of the University of Michigan School
of Law, Mr. Holzer's previous work experience was as
an electrical and software engineer, and his previous
legal experience includes such law firms as Holland
& Hart, Merchant & Gould and Lee & Hayes.
( Link to Bio)
THE FIRM SPONSORS 5TH ANNUAL VENTURE CAPITAL FINANCING
CONFERENCE
Hensley Kim & Edgington, LLC is the lead corporate
sponsor for the 5th Annual Venture Capital Financing
Conference - Legal and Business Trends, further supporting
its efforts to successfully navigate clients through
the venture capital world. The conference is scheduled
for September 20-21, 2004 at the Hyatt Regency Hotel
in downtown Denver. The conference is presented
by CLE International and offers CLE and CPE credits.
Persons interested in attending may register online
at www.cle.com.
DARREN HENSLEY TO SPEAK AT M&A SEMINAR
Darren R. Hensley is a presenting faculty member at
"The Art of Business Acquisitions: The Fundamentals
of M&A in Colorado", a seminar to be held on August
19, 2004 at the Executive Tower Hotel in downtown Denver.
The seminar is designed to cover the anatomy of a merger
and/or acquisition transaction on a step by step basis.
Topics to be covered include evaluating targets, structuring
the deal, due diligence fundamentals, preparing the
definitive documents and planning for integration of
the target. The seminar is presented by Lorman
Education Services and offers CLE, CPE, CFP, Enrolled
Agents, NFPA and NALA credits.
MCDATA ACQUISITION AWARDED
2ND PLACE IN THE 2003 COMMUNICATIONS DEAL MAKER AWARDS
BY THE DENVER BUSINESS JOURNAL
We congratulate McDATA Corporation for its September
2003 acquisition of San Jose - based Sanera Systems,
Inc. being awarded 2nd place for 2003 communications
transactions by the Denver Business Journal at its Annual
Deal Makers Awards. McDATA acquired Sanera Systems
(a company that specializes in enterprise storage networking
systems) in a reverse subsidiary merger transaction
valued at approximately $102 million. HKE acts
as corporate and securities legal counsel to McDATA
and represented McDATA in all aspect of the Sanera Systems
acquisition, including with respect to related HSR and
SEC filings.
REPRESENTATIVE DEALS
CLOSED DURING 2003
The firm closed several high-profile transactions during
2003, which included:
- Representation of McData Corporation
in its offering of $172.5 million of Convertible Subordinated
Notes – February 2003.
- Representation of CRL, Inc.
in its $7 million sale of the assets of Freezing in
Florida, LLC – February 2003.
- Representation of McData Corporation
in its $6 million strategic venture investment in
Aarohi Communications, Inc. – August 2003.
- Representation of McData Corporation
in its $83 million acquisition of Nishan Systems,
Inc. – September 2003.
- Representation of McData Corporation
in its $102 million acquisition of Sanera Systems,
Inc. – September 2003.
- Representation of CRL, Inc.
in its $1.8 million sale and lease of the assets of
Timberline Aviation – October 2003.
NASCAR RESULTS
The Oliver Gravity Separators racing team, of which
the firm is an associate sponsor, finished fifth in
NASCAR’s Winston West Series during the 2003 racing
season. Darren Hensley once again served as a jackman
on the team’s pit crew.
COMPETITIVE EDGE SPANS MERGERS
AND MANIFOLDS
Please follow the link below and be sure to scroll
down to the page to view the full article:
http://www.cobar.org/tcl/tcl_articles.cfm?ArticleID=2301
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