Hawley Troxell

Antitrust Law

Hawley Troxell’s antitrust attorneys provide an array of counseling and litigation services pertaining to antitrust and unfair competition issues under federal and state law. We advise our clients about how they may conduct business while avoiding the pitfalls of anticompetitive practices. In conjunction with other practice groups of the firm (Mergers and Acquisitions, Corporate, Health Care), our counseling also includes advising clients concerning potential antitrust issues that may arise in mergers or acquisitions, participation with trade associations, or day-to-day operations. When necessary, we are experienced and prepared to represent our clients in both federal and state court.

Banking Law

Hawley Troxell’s banking attorneys represent and assist national, state chartered, and community banks as well as thrifts, mortgage banks, mortgage brokers, consumer lenders, securitized lenders, bond underwriters, and loan documentation and software providers.

Our banking attorneys have extensive experience in negotiating, documenting, and closing complex commercial, agricultural, and real estate loan transactions. Our experience includes loans for real estate development from retail commercial developments through complex multi-lender transactions, involving public/private developments, financed by a mix of conventional and public finance mechanisms. Our attorneys advise about the validity and enforceability of loan documents both as serving as primary counsel for Idaho-based lenders and as Idaho counsel for lenders engaged in multi-state loan transactions. We also represent business clients as borrowers in larger commercial and real estate loan transactions, and provide the legal opinions of borrowers’ counsel.

We counsel depository institutions and other lenders in all aspects of business including regulatory compliance matters, employment law, and trust department matters. Our banking attorneys are well versed in Idaho and federal regulatory compliance including residential mortgage, manufactured housing, and consumer lending issues. We are also experienced in the newly emerging regulatory issues important for all lenders. Our firm understands the impact of the Sarbanes-Oxley Act of 2002, the Emergency Economic Stabilization Act of 2008 (including TARP and CPP), the Dodd-Frank Wall Street Reform, the Consumer Protection Act, and the many Idaho-specific laws related to lending. We regularly offer seminars on these subjects and other regulatory and legal issues.

Our firm’s experience in commercial and consumer collection cases includes judicial and non-judicial real property foreclosures, personal property foreclosures, workouts, and creditor representation in bankruptcy court. When necessary, we draw upon our firm’s litigation experience and other resources to best present clients’ interests in state or federal courts, or to defend them against third-party challenges.

Business Law

Hawley Troxell’s corporate attorneys work as a team to help clients achieve business goals and address legal and business issues in a practical, cost-effective, and creative way. We make an investment in understanding our clients’ businesses, which enables us to provide strategic and practical solutions in an efficient and cost-effective manner. We counsel established local, regional, national, international businesses and emerging growth companies, as well as venture and private equity investors. We serve as outside general counsel and assist in-house counsels.

Mergers and Acquisitions Law

Hawley Troxell’s mergers and acquisitions attorneys have a multitude of experience with negotiating, documenting, and closing deals to provide clients with all-encompassing support. Our M&A team provides full coverage of M&A issues, including business, securities, finance, antitrust, tax, executive compensation, real estate, and employee benefits, and we assure clients of full coverage of the M&A issues.

We represent buyers, sellers, financial advisors, financing institutions, and other interested parties in M&A transactions, involving companies at all stages of growth. Because of our vast knowledge of M&A transactions, we understand the perspective of each party, offer creative solutions, and know what it takes to complete the deal. Our experience ranges from public and private mergers to stock and asset purchases and everything in between, including private-equity sponsored investments, leveraged buyouts, strategic investments, joint ventures, restructurings, recapitalizations, tender offers, proxy contests, and divestitures and spin-offs.

Intellectual Property and Internet Law

For decades, Hawley Troxell has helped clients secure, protect, and transfer their intellectual property (IP) assets. With our experience in IP matters and the ever-changing world of Internet law, we combine a seasoned perspective with an innovative approach to secure the maximum possible value for our clients’ IP portfolios. We understand how important IP is to your business. Our IP and Internet attorneys have the experience and knowledge to protect your copyrights, trademarks, Internet domain names, trade secrets, and patents. We can help you identify, develop, and protect your IP assets in traditional contexts and on the Internet.

COPYRIGHTS

We have extensive experience with copyright protection, enforcement, registration, and commercialization. We represent clients in a full range of copyright matters, including:

• Software development and licensing
• Website development and protection
• Music
• Film
• Print publishing
• Digital publishing
• Enforcement of copyrights on the Internet using the Digital Millennium Copyright Act
• International copyright registration and enforcement

TRADEMARKS

From registering trademarks in Idaho to registering trademarks at the United States Patent and Trademark Office, we know how to secure maximum trademark protection for our clients. Our comprehensive trademark practice includes:

• Trademark and brand identification
• Trademark licensing
• Trademark litigation
• Arbitration and litigation to address infringement of Internet domain names
• Trademark oppositions before the United States Trademark Trial and Appeal Board
• Domestic and international trademark registration
• Domestic and international domain name portfolio management

TRADE SECRETS AND CONFIDENTIAL INFORMATION

We assist our clients with identifying and protecting their trade secrets and confidential information. Our trade secrets and confidentiality services include:

• Preparation and negotiation of confidentiality and nondisclosure agreements
• Counseling regarding business processes and procedures that secure maximum protection for proprietary confidential information
• Enforcement of trade secrets and confidential information through litigation

PATENT COUNSELING

We counsel our clients to develop a patent strategy that suits each client’s situation and that anticipates future patent licensing and transfer so that our clients achieve maximum value from their inventions, ideas, and knowledge. We also have significant patent litigation experience, both protecting our clients’ patent rights and defending our clients against claims of infringement.

INTERNET LAW AND INFORMATION TECHNOLOGY

Our attorneys work with businesses of all types to advise them on Internet-specific topics, including:

• E-commerce
• Search Engine Optimization
• Keywords and adwords
• Online contracting
• Privacy
• Security
• Hacking
• Spam and the federal CAN-SPAM Act
• Metatags
• Linking
• Framing
• Social networking
• Peer-to-Peer file sharing
• Website terms of use

We also consult with our business clients on matters relevant to Information Technology, including:

• Software procurement
• Hardware life cycle
• Enterprise security
• Open source licensing
• Engaging independent contractors for software development and deployment
• Electronic document retention and preservation
• Document destruction policies and practices

Employment and Labor Law

Hawley Troxell’s employment and labor attorneys help clients implement strategies to reduce liability for employee claims. Our experience includes preparing and revising employment contracts and applications, employee handbooks, and other documents that can contribute to claims. Additionally, we counsel our clients on their rights and obligations under the constantly evolving terms of employment law.

When employee claims are unavoidable, clients benefit from our experience representing management in employment disputes such as administrative proceedings, related arbitration, alternative dispute resolution, and employment litigation. We have significant experience in federal and state court representing employers in cases involving discrimination, wrongful discharge, and breach of contract claims.

Hawley Troxell also specializes in areas that include Employee Benefits and Executive Compensation.

For more information about our employment and labor group, please visit our blog.

Creditor Rights and Bankruptcy Law

Hawley Troxell’s creditor rights and bankruptcy attorneys have significant experience in complex commercial creditor rights and bankruptcy matters for national and local clients. We represent national, state chartered, community, and mortgage banks, consumer and commercial lenders, agricultural finance lenders, manufactured home finance lenders, as well as a wide variety of trade and other creditors.

Our services include:

• Lender Liability Defense & Regulatory Compliance - We have successfully defended lender liability actions and have expertise in Idaho and federal regulatory compliance matters, including commercial lending, residential mortgages, manufactured housing, and consumer lending issues. We are well versed in the newly emerging regulatory issues important for all lenders, and regularly offer seminars on topics such as the Gramm-Leach-Bliley Privacy Law, the Patriot Act, the Fair Debt Collection Act, the Fair Credit Reporting Act, and Federal and state telemarketing laws.
• Secured Transactions - We have experience in the representation of secured transactions, including revised Article 9 of the Uniform Commercial Code. We routinely present to attorneys and industry groups on all aspects of secured lending and the protection of secured creditor rights.
• Foreclosures, Collections, & Bankruptcy - We represent creditors in real and personal property foreclosures, claim and delivery actions, loan workouts, forbearance agreements, collection actions, and all aspects of bankruptcy, including complex bankruptcy litigation. Our attorneys are involved in a wide variety of bankruptcy cases, including complex Chapter 11 reorganization cases, and have substantial experience in the defense of fraudulent transfer, preference actions, and non-dischargeability litigation. We represent our clients in bankruptcy courts throughout the United States in a cost effective manner.
• Commercial Litigation - We have significant experience in pursuing claims and defending clients in commercial transaction litigation.

Our creditor rights and bankruptcy group works closely with other practice areas, including banking, litigation, employment, and tax.

From our headquarters in Boise, Idaho, our attorneys provide litigation services to businesses throughout the United States. We have extensive experience in all facets of litigation, and represent clients before state and federal courts and administrative agencies in Boise, Idaho as well as other states. We work closely with our clients to develop a course of action that brings the dispute to an appropriate, cost-efficient resolution.

In some cases, our clients may best be served by avoiding litigation altogether. Accordingly, alternative dispute resolution options are always discussed, including arbitration and mediation. Our litigators have successfully handled a variety of cases, including antitrust, aviation, banking, business, commercial, construction, corporate, employment, environmental, fair trade, federal Indian law, fiduciary duty, insurance, bad faith, intellectual property, legal malpractice, medical malpractice, products liability, real estate, and securities.

Some cases are best suited for a team approach, with tasks being assigned as part of a comprehensive plan to provide cost-effective solutions for our clients. We staff each case with the appropriate team combination and utilize the efficiencies of modern technology for document control and trial presentation. Our litigators in Boise, Idaho and other states have been recognized by numerous professional, charitable, and community organizations throughout the years and have served in various leadership roles within those organizations.