Jerrold Fink is an experienced business counselor, advising clients in complex commercial matters, including federal and state antitrust and trade regulation issues, distribution and franchising arrangements. Mr. Fink works with businesses and entrepreneurs on the development and licensing of intellectual property and technology and the protection of proprietary information, and has counseled and negotiated numerous international and domestic joint ventures involving antitrust issues and the licensing of technology.
Mr. Fink works with clients to resolve issues before they are insurmountable and pragmatically manages client expectations. Although Mr. Fink's practice is designed to provide clients with certainty and to avoid most risks and disputes, he is a skilled litigator in federal and state courts, as well as in domestic and international arbitration and other forms of alternative dispute resolution. He is particularly capable with regard to the negotiation of contracts, including the terms and conditions of asset acquisitions, purchase, sale and licensing of products and services, warranty policies, products liability and avoidance of risks inherent in such transactions. He has successfully counseled and defended numerous clients in connection with intellectual property licenses, technology development agreements, the appointment and termination of national and international distributors and sales representatives.
Mr. Fink has spoken at numerous seminars and symposiums focusing on distribution, product warranties, antitrust, intellectual property licensing and trade secret protection, often including references to his representation of United States and Pacific Rim clients in the licensing and exploitation of their intellectual property portfolios. His articles on these and other subjects have appeared in U.S. and international publications and journals.
Obtained a significant damage and injunctive relief award on behalf of client/licensee in an international arbitration conducted by the American Arbitration Association.
Counseled client and negotiated with major motion picture studios and other trademark/copyright owners for character/story line rights in connection with the development, licensing and sale of some of the most popular and financially successful computer, video and arcade games.
Obtained a significant valuation award (10 times valuation opinions of purchaser's three experts) in International Arbitration involving the valuation of shares of client/former corporate President and shareholder pursuant to a Shareholder's Repurchase Agreement.
Created numerous international and domestic joint ventures, including the obtaining of necessary antitrust clearances and the licensing of technology between the joint venture participants.
Represented clients in the acquisition and divestiture of companies, or their respective divisions, including antitrust reporting and clearance aspects.
Created (and provided counsel to) product safety committees for numerous clients, including a "pro-active" approach to reducing risks inherent in the manufacture and sale of those clients' products and the reduction of litigation risks and exposures.
Developed and enforced trade secret policies for numerous clients, including the prosecution of misappropriation of trade secrets and proprietary information claims against former employees and third parties.