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About
Me
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Both
law and business:
My father was
a lawyer who started a business in the year that I was born. Although
he was fully a businessman and ran the business for thirty years,
he never completely left law behind. He used the tools of legal
analysis and inquiry in his business life, but also conducted many
a Moot Court on family trips riding in the car. I grew up with the
twin vines of law and business and learned in a very basic way to
understand that the two vines are closely entangled and entwined;
one vine needs to interact and support the other for a business
to be successful. Jurisprudence is a fascinating field of study,
but alone it has no value in carrying on business relations. It
needs the other piece of business practicality to give it a this-world,
down-to-earth effect.
Business is
the art of making things happen and law provides the enforceable
system within which it takes place. Legal structure and business
practicality must work together to successfully bring entrepreneurial
plans and creative ideas into being. These ideas were sharpened
through my experiences in government service, in business and then
back into law, described below.
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After
law school, attorney for a few years with the federal Commodity Futures
Trading Commission in Washington, DC. The Commission was only a couple
of years old at that point and still needed to address many Congressional
mandates, such as regulating commodity pool operators. As part of
the staff of the Commission, created and drafted many regulatory proposals
after seeking industry input and assisted at Commission hearings where
the public was able to comment on the proposed rules prior to their
being adopted. |
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Treasurer
and Counsel with my father's building supply business for about six
years. My first couple of years with the company occurred during the
period of extremely high mortgage rates, which also occurred at about
the time of my father's death. After his death, with interest rates
still high, many builders failing and others unable to pay their bills,
much of my time was spent negotiating with builders, vendors and banks
regarding liens, mortgages and repayment structures. |
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Owner
and principal for about eight years of a real estate development firm
and a construction firm involved with renovations of historic structures.
This required much negotiation both with partners and lenders in both
the acquisition and development phases. Projects included renovation
of an abandoned silver factory into modern commercial office space,
and two abandoned state armories in different cities, one into luxury
condominium townhouses and the other into tax-credit-assisted housing. |
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Over
the course of about five years, in-house counsel for a rapidly growing
software engineering/development firm in the healthcare reimbursement
industry and then contracts counsel for a startup software development
firm in the field of web-based business performance management tools.
Used my experience in business practices, legal structures and negotiation
to assist both firms to reduce the effective negotiating disparity
between the size of the firm and the size of the proposed clients
(many large healthcare firms in one instance; many large financial
and manufacturing firms in the other). For both firms, reduced the
turnaround time from salesman-proposed deal to executed contract.
For the first firm, established the legal and contracting department
and created and negotiated many end-user, business partner and consulting
contracts. Also created a number of standardized contracts, formats,
attachments and responses to more quickly turn proposed deals into
contracts. For the second firm, revamped the licensing and consulting
services contracts to be more customer-friendly and readable, thus
eliminating many extraneous objections to proposed contracts. |
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Consultant/counsel
for the past couple of years to various clients, particularly a client
in the healthcare industry. Undertook special projects for the client
to analyze and structure the business and legal issues in complex
relationships with hospitals, insurance companies and others, regarding
licensing, remarketing and joint marketing of software and consulting
services. Created and drafted the necessary contracts and other documents
and negotiated the proposed contracts through to execution. |
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