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Practice Areas
- Business Transactions
- Real Estate
- Intellectual Property Transactions
- Corporations, Limited Liability Companies, Partnerships
- Executive Employment and Compensation
Experience
John Harkavy is a partner with Wendel Rosen's business
and real estate practice groups. From 1969 to 2007,
he practiced law with Aiken, Kramer & Cummings Inc.;
35 years as a partner and several years as the managing
partner.
John specializes in structuring, negotiating, evaluating
and documenting various types of complex business transactions,
focusing significantly upon acquisitions and other reorganizational
transactions and strategic alliances, as well as complex
business, commercial, financial, contractual and other
transactional matters. In addition, John has extensive
experience and expertise in handling intellectual property
and real estate matters, primarily involving the licensing,
development and purchase/sale of software and the acquisition,
disposition, entitlement and leasing of real property.
In the past, John has represented, on an ongoing basis,
clients from Canada, Germany and Australia and is experienced
in cross-border acquisitions and other business transactions,
including work in Germany, Japan, Great Britain, the
People's Republic of China, Sweden, the Czech Republic,
Canada and Australia.
John is particularly adept in acting as the de facto
general counsel to numerous mid-sized businesses involving
manufacturing, distribution, software, waste management,
wine and professional or commercial services. He also
has had extensive experience representing various companies
listed on the NYSE or NASDAQ, as outside divisional
counsel or as counsel retained for particular projects
or to take advantage of John's specialized expertise.
John also manages complex business litigation, retaining
and overseeing litigating specialists and actively participating
in the strategic decisions that are made in relation
to such matters and providing business-like counsel
to clients relative to the risks of litigating versus
settling and formulating possible means by which to
resolve the underlying disputes. Substantially all of
John's current clients have been with him for more than
15 years (some for more than 35 years) and regularly
seek his guidance in relation to strategic planning,
financial analysis and management issues.
Admissions
- State Bar of California
- All State and Federal Courts in the State of California
- United States Court of Appeals, Ninth Circuit
- United States Tax Court
Reported Case
- Beamer v. Franchise Tax Board (1977) 19 Cal.3d
467, 138 Cal.Rptr.199 (significant state tax opinion
rendered by the California Supreme Court in favor
of the represented taxpayer)
Major Transactions (partial list)
(Representative
clients identified by asterisks)
- Acquisitions (Seller listed first)
- Genius CAD Software Gmbh*/Autodesk, Inc.
- Web2CAD AG*/Thomas Publishing Company
- CT Scanning Corp*/American Physician Partners
- Bay Area Petroleum*/Golden Gate Petroleum
- Easley & Brassy Corp*/Genstar Corporation
- Murphy's, Inc.*/The Goodyear Tire & Rubber
Company
- Briscoe-Maphis Environmental/Genstar Waste Transfer*
- Waste Treatment, Inc./Genstar Waste Transfer*
- Laidlaw Waste Systems/Wastech, Inc.*
- Stolte, Inc.*/National Medical Enterprises
- Waste Services, Ltd.* and TRT Holdings, Ltd.*/Balaclava
Enterprises, Ltd.
- Coon Lithograph*/KP Graphics
- Laidlaw Waste Systems/Wastech Services, Ltd.*
and Wastech, Inc.*
- Greenfield Thompson Associates*/Foundation Health
Corporation
- Telsar Corporation and Raytech Security/United
Security Products*
- Master Dynamics/Master Plastics*
- Wastech, Inc.*/Finley Buttes Landfill Company
- Mergers
- Majors Engineering/Towill, Inc.*
- Ralph Garrow, Inc.*/Garrow & Cardinale Construction*
- SCVA* and Roman Empire/Santa Clara Valley Associates*
- Strategic Alliances
- Nortech Waste, LLC*
- Wastech Services, Ltd.*
- Customized Services Administrators*
- DuMOL Wine Company*
- Waste Management
- Landfill agreements for operators Genstar Waste
Transfer, Easley & Brassy and Wastech Services,
Ltd.
- Recycling (materials recovery facilities - MRFs)
and transfer stations for operators Nortech Waste,
LLC*, Easley & Brassy, Genstar Waste Transfer
, John Sexton Sand & Gravel, and Wastech Services,
Ltd.
- Methane gas recovery agreements for Genstar
Gas Recovery Systems* with owners/operators of
landfill properties, such as the Irvine Company
- Real Estate Acquisitions/Sales
- Michelin Tire Company sale of 380,690 s.f.
distribution facility to owners of East Bay Tire*
- Norcal Waste Systems sale of Mt. View facility
to Silicon Graphics; acquisition of San Jose 304,484
s.f. facility from Northern California Fertilizer;
sale of San Francisco recycling facility
- Timco Worldwide sale of Woodland facility and
purchase of Woodland and Davis facilities
- Technology
- Complex integrated agreements between Genius
CAD Software Gmbh* and Web2CAD AG* and Thomas
Publishing Company to develop, license and use
sophisticated software programs and related technology/intellectual
properties; licensing of bio-technology by the
Peralta Cancer Research Institute* to Xoma Corporation
- State and Local Tax
- Humana Corporation* (CA sales and use tax)
- AVCO Corporation* and AVCO Financial Services*
(multi state taxation)
- Modern Album* (CA sales and use tax)
- Contractual
- Unitization of Friendswood - Webster oil and
gas field in southeast Harris County, Texas (operated
by Exxon Corporation)
- Work-out acquisition of assets by Jatco, Incorporated*
from Plantway, Ltd.
- Restructuring affiliated off-shore (Bermuda)
captive insurance companies for Harding Associates*
- Underwriting counsel for TXL (Genstar)* for
offering by Scotia Gas
Education
- University of California Berkeley, Boalt Hall School
of Law, J.D. (1967)
- Bucknell University, B.A. (1964)
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"Always do right. It will please some people
and astonish the rest."
- Mark Twain
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