Dan leads Wendel Rosen’s real estate practice group and is also a partner in the firm’s land use group. He provides strategic counsel to clients on real estate transactions and guidance on optimizing real estate holdings.  He also assists clients with land use approvals and permitting matters. A skilled negotiator and dealmaker, he regularly writes and speaks on real estate topics. His clients include developers, commercial landlords and tenants, retail and service companies, governmental entities, small businesses, and individuals. Dan also advises clients on advertising and promotional matters.

Real Estate

With more than 20 years of experience, Dan represents real estate clients in all aspects of real property transactions. He negotiates and prepares transactional documents, including purchase and sale agreements, leases, and financing documents, assists clients in negotiating and resolving disputes, and counsels clients on land use and due diligence issues. He has experience representing clients on green leases and drafting green lease provisions. Dan also advises clients on the most effective strategies for disposal of surplus real property.

Land Use

Experienced in diverse areas of land use law, Dan works with clients to obtain land use approvals and conducts due diligence reviews for real estate and corporate transactions. He has represented clients before federal, state, and local agencies in land use, wetlands, air, water and hazardous waste/substances permitting matters.

Advertising, Sweepstakes and Promotions

Dan counsels companies regarding advertising and promotional matters, including in the fitness, food, entertainment, and retail industries. He reviews online, social media, electronic, print, radio, and television advertisements and promotions and contests/sweepstakes materials and advises on compliance with state and federal advertising, pricing, disclosure and substantiation laws and regulations.

An experienced counselor and litigator, Eugene provides strategic advice to his clients in both transactional and litigation matters. He acts as outside general counsel to many of his clients, and specialized intellectual property and litigation counsel to others. Eugene is a trusted advisor and vigorous advocate for his clients, helping them build and protect their businesses and brands, and to structure favorable deals and agreements.

Eugene’s clients include apparel companies, craft breweries, computer gaming companies, food and beverage companies, technology companies, and many others. He brings a diverse background to his work, having worked at large and small firms, as in-house counsel at a technology company, and at a nonprofit public interest firm.

Intellectual Property Development, Protection and Litigation

For more than fifteen years, Eugene has advised companies in the selection, registration and maintenance of their trademarks and copyrights both domestically and abroad. He has filed or managed thousands of trademark and copyright applications and registrations worldwide. He advises companies with large, well-established international trademark portfolios, as well as newer companies that are just developing their brands.

Eugene also represents clients in related areas such as advertising and marketing issues, social media issues, software licensing, website terms of use, privacy policies, DMCA policies and compliance, and trademark licenses and co-existence agreements. Eugene is also an experienced IP litigator, having litigated numerous IP cases and disputes in federal and state courts. His experience includes disputes involving trademarks, trade dress, copyrights, domain names, anti-counterfeiting, patent, trade secrets, and false advertising issues.

Craft Beer Law and Alcohol Beverage Law

Eugene leads the Craft Breweries & Brew Pubs practice at Wendel Rosen, advising craft breweries and others in the alcohol beverage industry. He serves as outside general counsel to many of his clients, advising them on a wide range of issues from entity formation, trademarks and copyrights, distribution and other contracts, employment issues, alcohol beverage (ABC) and labeling regulations, as well as marketing and advertising issues.

Eugene frequently speaks at beer conferences and has been quoted in Brewbound, All About Beer, The Daily Journal, and other media outlets. He ‘tweets’ on legal and business issues facing craft breweries as @beerattorney.

Business and Employment Advice and Litigation

Eugene is also an experienced business and employment law attorney. He has represented companies in a wide range of business and commercial matters, including antitrust issues, broker-dealer disputes, class action cases, investment fraud, bid disputes, real estate disputes, unfair competition matters, California Business & Professions Code §17200 claims, and Commerce Clause issues involving state and federal beverage laws and regulations. In the employment law field, he has advised and represented clients in matters involving non-compete agreements, misappropriation of trade secrets, employment discrimination, independent contractor versus employee status, and wage and hour laws. In addition to representing clients in court, he has represented clients in employment disputes before administrative agencies such as the California Labor Commissioner and New York Stock Exchange (arbitration).

Donald primarily focuses on matters related to business and construction law, solar energy, green building, cannabis industry, and environmental policy. Donald co-founded the firm’s Green Business Practice Group and led the firm’s internal sustainability efforts, including becoming the nation’s first law firm to gain green business certification.

Construction

He has broad experience representing public and private clients on a multitude of contract, litigation, regulatory and general business issues.

Developing the Green Economy

Donald is a national leader and frequent speaker for the green economy and has devoted himself to creating the framework necessary for incenting business to become the engine of environmental sustainability and social responsibility. He co-chaired the effort to write and pass California’s Benefit Corporation law (AB 361), creating a new legal framework for businesses seeking to do well while doing good.

Green Building Leadership

He co-founded the two organizations that have made California the global green building leader — the U.S. Green Building Council’s Northern California Chapter and Build It Green. He is general counsel to both organizations, as well as the California Solar Energy Industry Association. Donald hosted the West Coast Green conference and trade show for green innovation. On the international level, he teamed with the City of San Francisco in 2005 to organize and host the United Nations‰’ largest international conference of local government leaders to address urban environmental sustainability issues. Early in his career, Donald worked with Environmental Defense Fund to develop a framework for reducing international air pollution along U.S. ‰-Mexican border. He also represented several organizations on issues related to old-growth forest protection and logging on public lands.

Other Leadership Activities

After many years in policy arena, Donald recognized the political system’s ability to address complex environmental and social issues is undermined by the corruptive influence of money in politics. Since 2012, he has served on the board of directors of the California Clean Money Campaign, where he continues to work to pass the California DISCLOSE Act which will inform voters who is really funding campaigns.

A partner and chair of the firm’s insolvency practice, Tracy represents clients in all aspects of their dealings with financially troubled companies. She is known for guiding clients through complex problems and trying circumstances to find practical and efficient solutions. She has written and presented extensively on insolvency and bankruptcy issues, is an active leader in professional associations, and is regularly recognized for exceptional performance by peers and legal publications.

Insolvency and Restructuring

Tracy represents debtors, creditors’ committees, creditors, and trustees in connection with Chapter 11 reorganizations and liquidations, out-of-court workouts, buying and selling assets, assignments for the benefit of creditors, avoidance actions (fraudulent conveyances, preferences, and equitable subordination) and Chapter 7 liquidations.

Diverse Industry Experience

In addition to traditional industries ranging from manufacturing to professional services, Tracy is experienced representing distressed companies in or associated with emerging markets, including the cannabis industry and green business, assisting with workouts and bankruptcy alternatives.

Conflict Resolution and Mediation

Tracy represents parties in commercial disputes and secured transactions. She also serves as a mediator and has successfully mediated many disputes involving intellectual property, real estate, estate distributions, partnership dissolutions, and commercial disputes.

Tracy served as a judicial extern to the Honorable Stanley Mosk, of the California Supreme Court.

A partner and chair of the firm’s food and beverage practice, Richard is highly experienced in corporate, securities, and intellectual property (IP) law. He co-founded the firm’s intellectual property and green business practice groups and has deep insight in a broad range of business and legal matters. Richard is passionate about helping visionary companies meet their objectives.

Corporate

Versed in all aspects of the “business of business,” Richard guides clients in legal matters related to operations, organization, financing, and mergers and acquisitions. He assists clients in entity formation, corporate governance, shareholder agreements, equity and debt financing, distribution and vendor agreements, covenants not to compete, and employment agreements, and has represented companies and investors in venture capital rounds and private equity transactions.

Securities

Richard has represented both companies and professional investors in countless  exempt private securities transactions, including founders, accredited investors, venture capitalists, private equity, family offices, and strategic investors. He is experienced with disclosure and registration requirements under state Blue Sky and federal securities laws. He has advised clients on private placement memoranda, stock purchase agreements, structuring investor preferential returns, representations and warranties, and related ancillary agreements.

Intellectual Property

Richard is experienced with trademarks, trade secrets, copyright and patent licensing, and advises clients concerning the selection and clearing of trademarks, the protection of trademarks, and infringement issues. He has represented retail brands and businesses involved in digital entertainment and production services. With a background in computer programming, Richard has substantial legal experience advising software companies and, developers of  enterprise products, including  cloud-based software-as-a-service (SaaS) .

Food and Beverage

For more than two decades Richard has guided food and beverage companies, including natural and organic businesses and investors, in matters related to growing, manufacturing and production, co-packing and contract manufacturing, distribution, retail and online retail, food service, consumer brands, FDA labeling requirements, and third party certifications, such as Organic, Non-GMO and Fair Trade. He has also worked on product recalls and product recall insurance coverage issues.

Bill has spent two decades building a unique practice devoted to serving the needs of businesses, large and small, in a variety of industries. Bill’s particular blend of transactional, regulatory, litigation and green business experience makes him an invaluable adviser to his clients. Corporate clients look to him as their outside general counsel, seeking advice on both business and legal matters critical to their success.

General Corporate

Bill chairs the firm’s Business practice group. He regularly provides small to middle market companies with outside general counsel services.  He counsels his clients on entity formation, business and legal advice on proposed business transactions, general contract negotiation and drafting, brand and licensing protection, corporate governance, capital raises, and other general business matters.

Food and Beverage

Bill co-chairs the firm’s Food and Beverage practice group. He helps companies navigate regulatory, transactional and litigation matters in the food, beverage, dietary supplement and cosmetic industries. Bill assists his clients with:

• Contract negotiation and drafting
• Product label, labeling, advertising, and marketing material review
• Capital raises through convertible debt and private placement offerings
• Corporate governance
• Responding to governmental/regulatory actions
• Product recalls
• Resolving business disputes and/or threatened class action matters
• Mergers and acquisitions

Green Business

Bill also leads the firm’s Green Business practice group — an experienced group of attorneys advising and supporting companies that value health, the environment, and a sustainable economy. His green business clients include 1% for the Planet, B Corp members, public benefit corporations, and other companies that focus on sustainability issues.

Litigation

Bill has more than two decades of experience litigating matters in state and federal court. Since joining the firm’s litigation group in 2002, he has represented local and regional clients on matters including contractual disputes, unfair business practice claims, false/misleading labeling and advertising, shareholder and/or partnership disputes, environmental contamination claims, product liability, toxic tort, and eminent domain disputes. Drawing upon his experience, Bill regularly counsels clients on risk analysis, litigation strategy, dispute avoidance measures, and pre-trial dispute resolution. If informal resolution cannot be achieved, Bill advances his clients’ interest through trial.