D. Alexander Floum

D. Alexander Floum has over 15 years of legal experience. Mr. Floum represents clients in all aspects of civil litigation and dispute resolution involving business, real estate, construction, trademark, copyright, trade secret, trade dress, software, domain name and other intellectual property matters in all courts, government hearings, arbitrations and mediations.

Mr. Floum’s areas of transactional practice include: trademark registrations for the United States, other countries, and continental regions; trademark litigation; copyright registrations; copyright litigation; trademark, copyright and patent license and assignment agreements and licensing agreements for ever industry and every type of property; partnership; joint venture; cross-promotion and co-branding agreements; content agreements; technical support agreements; software development agreements; domain names; website terms of use; privacy policies; clickwrap agreements; website development agreements; website hosting agreements; confidentiality and non-disclosure agreements; trade secret policies; the internet; and intellectual property inventories and counseling.

Mr. Floum taught trademark and related areas of law for several years to both practicing lawyers and law school students as an adjunct professor at Golden Gate University Law School, and was the founding president of the Intellectual Property Section of the Contra Costa County Bar Association.

Mr. Floum has represented clients in a variety of matters, including the following:

Intellectual Property

• Litigated intellectual property cases for a national retail chain, the largest movie studio in the Philippines, one of the world’s largest music promoters, authors, photographers and many other clients;
• Mr. Floum has represented a wide variety of traditional and high technology businesses in the U.S. and abroad in a variety of matters;
• Settled copyright infringement and trade secret action without any payment obligation by defendant;
• Obtained injunctive relief, including temporary restraining orders, preliminary injunctions, permanent injunctions, seizure of property and destruction of property on behalf of owners of intellectual property;
• Settled copyright infringement action brought by Microsoft on highly favorable terms;
• Defeated motions for injunctive relief in trademark infringement action brought by senior intellectual property attorneys at one of nation’s largest firms, and negotiated settlement granting client valuable licensing rights with no monetary payment;
• Advised technology and traditional companies on all aspects of intellectual property. Prepared a wide variety of intellectual property agreements for clients in the U.S. and internationally ranging from multi-million dollar companies to companies who have not yet received the first round of financing;
• Prepared trademark, patent, and copyright licenses involving a wide variety of traditional and high-tech industries;
• Prepared intellectual property assignment agreements, website terms of use, privacy policies, and data protection statements;
• Prepared content agreements, cross-promotion and co-branding agreements, consulting agreements, website hosting and website design agreements, and development agreements; and
• Prepared a variety of entertainment contracts involving record companies, producers, musicians, scriptwriters, and other creative and business interests.

Business

• Formed and maintained limited liability companies, corporations and partnerships;
• Represented clients in international transactions;
• Represented businesses in the formation, financing, acquisition and dissolution of companies;
• Successfully represented parties in scores of disputes and lawsuits regarding numerous types of business contracts;
• Prepared a wide variety of contracts for high-tech and traditional clients;
• Advised and assisted corporate clients with corporate compliance and governance; and
• Represented various types of clients in the purchase and sale of businesses, including, but not limited to, technology, service, retail and real estate businesses.

Real Estate

• Represented owners and developers of multi-million dollar parcels of real property;
• Represented purchasers and sellers of commercial and residential real properties in transactions, including a commercial building with a purchase price of $7,000,000.00;
• Successfully recovered real properties in disputes regarding the title and ownership of real property;
• Successfully litigated specific performance of contracts, breach of contract, fraud and rescission cases;
• Negotiated and documented many types of transactions involving real property, including the sale of property, loan transactions on behalf of borrowers and lenders, loan modifications, commercial and residential leases, and easement agreements;
• Obtained injunctive relief in a variety of cases; and
• Convinced the court to appoint receivers to manage debtors’ businesses.

Construction

• Represented owners, developers, general contractors, subcontractors and suppliers;
• Negotiated and prepared construction contracts;
• Represented homeowners in construction defect cases;
• Litigated mechanic’s liens, stop notice, payment and performance bond cases; and
• Litigated various construction contract disputes, including delay and disruption claims.