John is a business lawyer working with clients to develop strategies and solutions for complex legal challenges and managing legal risk, particularly for matters involving software and database licensing and SaaS, doing business in an online environment, building value in brands and protecting trademarks, appropriate use, licensing, and protection of copyrights, and complex business transactions, including corporate and real estate lending.  John is a frequent lecturer and enjoys educating and training clients on how to solve their legal problems.

See blog at www.considerthelaw.com.

PRACTICE AREAS AND REPRESENTATIVE TRANSACTIONS

Technology; software and database licensing

• Represented multiple clients in complex software licensing transactions, both as developers, vendors, and licensors, and users and licensees, including health care industry service providers, retail services providers, online storage providers, and digital signature providers
• Represented multiple clients in licensing valuable databases and intellectual property included in the databases
• Worked with National Association of REALTORS® in developing a series of license and related agreements that are used by multiple listing services and associations throughout the United States

Trademark and copyright; online business and social media

• Represented clients in prosecuting hundreds of federal trademark applications
• Advise clients on branding strategies, registration of trademarks, and avoiding infringement
• Advise clients on copyright protection, use, registration, and avoiding infringement
• Advise clients on avoiding infringement and other potential liability in an online environment

Corporate

• Represented a regional bank in several multiple-party loan workouts involving tens of millions of dollars
• Represented client in two multi-million dollar mergers, and in multiple joint ventures
• Represented clients in the sales of all, or substantially all, of their assets, each for more than $10 million
• Represented regional and national banks in equity investments in multi-family low income housing real estate project
• Represented regional and national banks in lending to partially bond-financed multi-family low income housing real estate projects
• Represented regional bank in commercial and real estate financing transactions

PUBLICATIONS

• Article, Social Networking: Legal and Business Traps for the Unwary, published in Community Magazine, September/October 2009, p. 72-73. Read Article
• Article, Copyright it!, published in Realtor Magazine New Jersey, April, 2008, p. 18-19. Read Article
• Article, Tighten it up, published in Realtor Magazine, June 2005, p. 30-31. Read Article
• Article, Traps to Avoid on the Internet, published in Utah Realtor, First Quarter Magazine, 2004, p. 24-26. Read Article
• Article, Ten Traps to Avoid on the Internet, published in the Utah Bar Journal, October 2003, p. 20. Read Article
• Article, Title Company Web Sites . . . Does Yours Pass the Test?, published in Title News, September/October 2004, p. 20-21. Read Article

PRESENTATIONS / SEMINARS

• Webcast, “Five Things Every Business Should Know About Copyright Law” (Callister Nebeker & McCullough), January 19, 2011
• Webcast, “Developing Powerful Brands Through Appropriate Application Of Trademark Law” (Callister Nebeker & McCullough), November 16, 2010
• Presentation, “Small Business and the Legal Environment” (Northfront Pro Series for Northfront Business Resource Center), September 21 and 23, 2010.
• Webcast, “An Overview of Copyright Law” (Zions Bank and its affiliates), September 9, 2010.
• Webcast, “Branding and Trademarks” (Zions Bank and its affiliates), July 28, 2010.
• Presentation, “Social Networking and Working in an Online Environment” (hosted by CEO Builder), December 10, 2009. Contact: Rich Tyson (801) 224-2490
• Presentation, “New Legal Issues for Bloggers” (hosted by Bank of American Fork), December 1, 2009. Contact: Christopher Liechty (801) 642-3094
• Presentation, “Navigating a Complex Legal Environment and Avoiding Litigation” (2009 Women Entrepreneurs Conference hosted by Davis Applied Technology College), October 21, 2009. Contact: Hailee Long (801) 593-2359
• Presentation, “Blogs, forums, and social networking: avoiding liability as a service provider” (Davis Applied Technology College), June 19, 2009. Contact: Hailee Long (801) 593-2359
• Presentation, “DOJ/NAR Settlement; Modified VOW Policy” (Wyoming MLS, Inc., Casper, Wyoming), April 22, 2009. Contact: Bobbie Iiams (307) 237-1670.
• Presentation, “Next Generation MLS and Online Liability” (Connection 2009 hosted by CMLS, Portland), April 15, 2009. Contact: P. Stephen Russell III, (503) 224-4100.
• Presentation, “DOJ/NAR Settlement; Modified VOW Policy” (Montana Association of Realtors, Helena, Montana), January 29, 2009. Contact: Peggy Trenk (406) 443-4032.
• Presentation, “DOJ/NAR Settlement; Modified VOW Policy” (SIR/MLS, Inc. in Collinsville, Illinois), January 16, 2009. Contact: Deb Frazier, (618) 343-3030.
• Presentation, “DOJ/NAR Settlement; Modified VOW Policy” (Egyptian Board of REALTORS, Inc., Mt. Vernon, Illinois), January 16, 2009. Contact: Dorothy Hamson (618) 244-3301.
• Presentation, “DOJ/NAR Settlement; Modified VOW Policy” (CIO/CTO for MLSListings, Inc. for Santa Clara County Association of Realtors (“AOR”), Silicon Valley AOR, San Benito County AOR, Santa Cruz AOR, Monterey County AOR, San Mateo County AOR, and Central Valley AOR), November 17-20, 2008. Contact: Jim Harrison/Anne O’Callahan (408) 874-0242.
• Presentation, “DOJ/NAR Settlement; Modified VOW Policy” (SoCal MLS in La Jolla, California), October 28, 2008. Contact: Russ Bergeron (714) 517-2626.
• Presentation, “Data privacy and security – the Search for a Test Case” (NATPPM), September 10, 2008. Contact: Andrew J. McDevitt (202) 484-1526.
• Presentation, “DOJ/NAR Settlement; Modified VOW Policy” (CIO/CTO for MLSListings, Inc. in San Jose, California), September 3, 2008. Contact: Jim Harrison/Anne O’Callahan (408) 874-0242.
• Presentation, “Sales and Marketing in an Online Environment” (Utah Manufacturers Association), June 12, 2008. Contact: Tom Bingham (801) 363-3885
• Presentation, “MLS Legal Counsel Seminar” (Connection 2008 hosted by TREND), April 14, 2008. Contact: Cheri Andrews
• Presentation, “Intellectual Property in an Online Environment, Utah State Bar, CyberLaw CLE, February 28, 2008. Contact Robyn Reynolds (801) 531-9077.

ADDITIONAL PRESENTATIONS

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