Formation and Ongoing Business Representation

We form and organize entities in California and out of state. We help each client choose the entity that best fits its needs, and provide the comfort of understanding how the entity operates.

We provide ongoing counsel to our clients, drawing from our firm’s collective expertise in a multitude of industries spanning a range of legal needs.

Private Placements, Stock Option Plans, and Mergers and Acquisitions

We have helped clients raise millions of dollars in compliance with Federal and state securities law. We establish and administer stock option plans for our clients’ employees and contractors.

We provide expert counsel in connection with business purchases, sales, and mergers – from drafting term sheets to transaction documents to conducting due diligence – consistently working to structure deals to maximize tax benefits.

We reorganize or recapitalize businesses to provide our clients with a fresh start or new business focus.

Licensing and Development Issues

Our software, entertainment and media clients count on us for the documents that permit them to develop and license their products and intellectual property, as well as partner or joint venture with other entities, whether domestically and internationally.

Our robust trademark and copyright practice, which includes both registrations and advocacy against infringing third parties – protects and safeguards our clients’ intellectual property.

Trademark/Service mark/Copyright

We regularly handle registration of trade and service marks and copyrights to protect against infringing third parties. We submit and prosecute trademark and copyright registrations that our clients can easily protect if infringing parties are later discovered.

In circumstances in which a trademark or copyright is infringed upon, Scherer Smith & Kenny LLP provides dedicated, professional service in defending and prosecuting actions that protect our client’s intellectual property.

Protecting and Defending Trade Secrets

We carefully document our clients’ intellectual property in each agreement we negotiate.  If third parties infringe upon our clients’ trade secrets we provides spirited advocacy to punish those parties responsible.

Our litigation attorneys are tenacious and resourceful advocates, dedicated to protecting each client’s interests and obtaining a successful and satisfactory outcome. Central to our legal strategy is our belief that litigation should be as brief and cost-effective as possible, giving our client the ability to invest resources in expanding its business rather than in litigation.

General Civil Litigation

We have a broad civil litigation practice, focusing on protection of our clients’ trade secrets and intellectual property, employment litigation, personal injury litigation, common interest development and other real property disputes, as well as contract and other business disputes.

Disputes Among Partners, Shareholders and Other Owners

We have significant experience in successfully resolving ownership disputes, in most cases without litigation. We focus on the parties’ common goals, favor early mediation, and frame the dispute on a business, rather than a personal, level.

In the few cases that do not settle without litigation, we present our expert knowledge of the rights and obligations of partners, shareholders and other principals to the judge or arbitrator. We go to extremes to inform our client s as to what they can reasonably anticipate as an outcome.

Nonprofit Law

We have represented numerous nonprofit corporations, associations, and trade organization, and possess substantive expertise in the unique law of nonprofits.

As part of our extensive common interest development practice, we represent dozens of homeowners’ associations organized as nonprofit mutual benefit corporations.

Employment Counseling and Litigation

Employment law constantly changes and affects our clients’ business every day. Scherer Smith & Kenny LLP is a tenacious and resourceful advocate, dedicated to protecting our clients’ best interests and obtaining a successful and satisfactory outcome. Our employment litigation practice includes the defense, and in certain circumstances the prosecution, of actions alleging: wrongful discharge; sex, age, race, disability, national origin and religious discrimination/harassment/retaliation in violation of state and federal law; violation of the Fair Labor Standards Act; violation of the Americans with Disabilities Act; and violation of other state and federal wage and hour laws.

Our firm emphasizes employment counseling, which keeps our clients’ employment disputes to an absolute minimum. We work with our clients one-on-one to explain employment law, its requirements, and its impact on their operations. Our timely, sensitive and proactive counseling and implementation of policies and procedures ensures compliance with all local, state, and Federal employment laws.

When disputes arise and our clients are forced to make claims or defend them, Scherer Smith & Kenny LLP’s successful employment litigation practice offers prompt, dedicated advocacy, defending employers against employment claims and asserting claims on our clients’ behalf.

Estates and Trusts

We understand the laws relating to wills and trusts and provide clear counsel. We counsel our clients in connection with their estate plans and draft wills and trusts to carry out their intentions.

We act as counsel to administrators and trustees in connection with probate and trust administration, including the sale and marshalling of assets, payment of obligations and debts, and ultimate discharge of the estate or trust, as appropriate.

Real Estate Law

We provide counsel on a wide range of fields relating to real estate purchases, leasing, financing, transfers, and ownership.  We also represent real estate brokerages and property management firms on a continuing basis.

Common Interest Developments

We have represented common interest developments (“CIDs”) throughout California on a broad range of issues for over 20 years. We provide objective, sound, and practical advice aimed at limiting disagreement among our clients’ members, permitting our clients to be cohesive, focused organizations.

Our representation includes mediating and litigating disputes between CIDs and their members or third parties, revising and updating governing documents, oversight of legal issues arising with capital improvements and repairs, as well as property transfers.

We are proud of the many long-term relationships we have with our CID clients.

Real Estate Brokerages; Property Management Firms

We represent real estate brokerages and property management firms in connection with their services, employment obligations, and continuing compliance with California’s Business & Professions Code and the regulations and policies of California’s Bureau of Real Estate.

San Francisco Tenancy-In-Common Purchases

We help our client through the confusing process of purchasing buildings as tenants-in-common, obtaining financing, confirming the availability of a mortgage deduction for all owners, and drafting the tenancy-in-common agreement.  Our firm also engages in dispute resolution among tenants-in-common.

Commercial and Residential Leases

We represent both landlords and tenants in connection with the negotiation of residential and commercial leases.

Purchases and Sales of Real Property

Our attorneys assist clients in transferring real property throughout California and in other states, working to make sure that ownership entities are properly formed, clear title is passed, financing is in place, and contingencies are satisfied.