News


2008

RICHARD J. HOLZER JR. PRESENTS ON INTELLECTUAL PROPERTY RISKS

On October 22, 2008, Mr. Holzer teamed up with Jonathan Stutz of Moreton & Company for a presentation entitled “INTANGIBLE PROPERTY/TANGIBLE RISK – Managing Intellectual Property and Cyber Risk with Legal and Insurance Resources”. The presentation was given at the Denver Athletic Club to a number of Denver-area executives and investors. This intellectual property presentation is expected to be part of a series of educational events sponsored by Hensley Kim & Holzer, LLC and Moreton & Company. Please contact Mr. Holzer at 720-377-0774 for more information.

RYAN WARREN PRESENTS ON CONSTRUCTION LAW AT CAHB CONFERENCE.

On October 10, Mr. Warren spoke at the Colorado Association of Home Builders (CAHB) Annual Conference in Beavercreek, Colorado. Hensley Kim & Holzer, LLC was also a major sponsor of the event. Mr. Warren's presentation, entitled "Bulilding By The Law: Contracts And Construction Defects," was designed to help construction professionals respond to Colorado's litigious landscape. Mr. Warren will also be presenting at local Home Builder Association chapters over the next year on a variety of legal issues affecting construction professionals. Please contact Mr. Warren at 720-377-0726 for more information.

HKH REINFORCES IP GROUP WITH ADDITION OF ERIC R. DRENNAN.

Mr. Drennan is a registered patent attorney practicing in the field of intellectual property law. His practice focuses on the preparation and prosecution of patent applications in a variety of technical areas including image processing, computer & network security, networking technology, mechanical devices, data storage technology and intranet & business methods.

During law school, Mr. Drennan clerked with three separate law firms, one located in Munich, Germany. Further, he completed Dr. Chisum's International IP law summer program. Through a clinical criminal defense program, Mr. Drennan made multiple court appearances representing indigent defendants. Finally, he competed in a variety of moot court competitions and served as vice-president of the DU criminal law association.(Link to Bio).

HKH REINFORCES IP GROUP WITH ADDITION OF ANTHONY R. MORRIS.

Mr. Morris’ practice includes the preparation and prosecution of patent applications in a variety of technical areas including: computer hardware and software, optics, interferometry, mechanical and electro-mechanical devices, and computer networks. Prior to law school, Mr. Morris worked with the Boeing Commercial Airplane group, where he focused on interior noise design. He also worked with Materials Sciences Corporation, where he specialized in composite structure design and testing. In private practice, Mr. Morris has drafted and prosecuted domestic and foreign patent applications for corporations.(Link to Bio).

HKH REINFORCES TWO PRACTICE AREAS WITH ADDITION OF JENNA L. SYRDAHL.

Before joining Hensley Kim & Holzer, Jenna Syrdahl practiced civil litigation and appellate law as an Assistant Attorney General with the State of Florida Attorney General’s Office, Honors Program. While at Florida State University College of Law, Ms. Syrdahl served as a judicial law clerk to the Honorable Paul M. Hawkes at the Florida First District Court of Appeal. She was also a member of the Florida State University Law Review, competed in the Robert Orseck Memorial Moot Court Competition, and studied abroad at the University of Oxford in the FSU Summer Law Program.

As second chair trial attorney, Ms. Syrdahl successfully represented the Attorney General’s Office on behalf of numerous Florida property owners in obtaining a $6.4 million judgment for damages and penalties resulting from an elaborate real estate scam involving deceptive contracts and slander of title. Ms. Syrdahl received her B.S. from Ohio Northern University, Ada, Ohio in 2002 and received her J.D. from Florida State University College of Law, Tallahassee, Florida in 2006. (Link to Bio).

HKH's Ryan Warren outlines legal blueprint to construction professionals.

Centennial, CO - September 16, 2008 Attorneys Ryan Warren, head of construction law for Hensley, Kim and Holzer, LLC and David McLain partner in Higgins, Hopkins, McLain & Roswell, LLC, will discuss construction defects legislation past, present and future at a Builder/Developer Eye-Opener Breakfast. This must attend event is free for HBA builders and developers and will describe some very prudent preventive measures construction professionals should be taking in today's litigious atmosphere. Join them for some great food, gourmet coffee, and a Q&A forum on this timely, and undoubtedly relevant topic. Ryan Warren is an active member of CAHB’s Legislative Affairs Committee and the annual Builder Conference Committee. 
 
September 16, 2008 
7:30—9:30 a.m. 
Pro Building Supply 
7025 S. Fulton St. Unit 150 
Centennial, CO 80112 
 
Call (303) 778-1400 to RSVP 

HKH'S CORPORATE AND SECURITIES PRACTICE ADDS EXPERIENCE AND DEPTH.

HKH enhances its Corporate and Securities practice with the addition of the Corporate and Securities group from the Denver office of Solomon Pearl Blum Heyman & Stich LLP, which closed its doors at the end of May 2008. Clifford R. Pearl, former managing partner of Solomon Pearl's Denver office, advises companies and individuals on an extensive range of business, corporate and securities law matters. His practice emphasizes corporate and securities law representation, including domestic and foreign companies in public and private securities offerings and merger and acquisition transactions. Mr. Pearl's practice includes advising on public company compliance and preparation of periodic reports and proxy materials for public company clients and representation of clients involved in takeovers, proxy contests, joint ventures, debt and equity financings, and a full range of contractual and licensing matters. Mr. Pearl graduated from Boston University School of Law in 1984 and received his M.B.A from the University of Colorado at Denver in 1989. Mr. Pearl is admitted to practice in the states of Colorado and New York. View Bio.

Timothy R. Spiel's practice emphasizes mergers and acquisitions and corporate, securities, and entity formation law. He has experience in advising on public company compliance, the preparation of periodic reports and proxy materials for public companies, drafting disclosure documents for both public and private securities offerings including both debt and equity financings, drafting merger and acquisition agreements involving both public and private companies and joint ventures as well as a full range of contractual and licensing matters. Mr. Spiel received his B.A.with honors from Northwestern University, Evanston, IL, in 1993. He graduated Magna Cum Laude with his J.D. from Tulane Law School, New Orleans, Louisiana in 1998. Mr. Spiel is admitted to practice in the states of Colorado and New York. View Bio

2007

HKH adds further depth and experience to Litigation Group with three new attorneys.

Michelle Pinkowski successfully represents corporate and individual clients through the litigation process and at trial and arbitration. Ms. Pinkowski's trial practice focuses on commercial litigation, insurance coverage and bad faith, construction defect litigation and real estate related disputes, products liability and toxic torts, and complex personal injury cases. Ms. Pinkowski also advises clients on pre-litigation dispute resolution, insurance coverage and risk management, and acts as coverage and advisory counsel in litigation matters. (Link to Bio)

Ryan Warren is an experienced construction and business litigator. He also advises clients in the drafting and negotiation of construction and other contracts. Mr. Warren litigates cases on behalf of both plaintiffs and defendants. Having experience on both sides of the "fence" provides Mr. Warren unique insights into the strategies of his opponent. (Link to Bio)

Michael Dulin concentrates on complex commercial litigation representing industry-leading corporations in intellectual property matters such as trademark infringement, copyright infringement, anti-cybersquatting, patent infringement, unfair competition, and trade secret matters. His trademark infringement experience includes successful claims and defenses involving a variety of industries including finance, manufacturing, and retail sales. (Link to Bio)

HKH strengthens its Intellectual Property Group with the addition of Sarah "Sally" Brashears.

HKE Announces Firm Name Change

Hensley Kim & Edgington today announced that the firm's name has been changed to Hensley Kim & Holzer, LLC effective immediately. Rick Holzer joined the firm in 2004 and has since provided the leadership necessary to establish a preeminent Intellectual Property practice in the region, specializing in patent prosecution and intellectual property counseling. Founding partner, Darren Hensley had this to say about Mr. Holzer’s important role in the continued success and growth of the firm, "Rick has brought incredible value to the firm with his high level of expertise and unsurpassed enthusiasm for his practice and our clients. His dedication to superior legal counsel and client service are a perfect match with the culture of our firm. We know that he played a crucial role in our growth and wanted to change the name of our law firm to reflect this."

HKE Represents McDATA In Their $973 Million Acquisition By Brocade.

HKE Intellectual Property Partner, Richard J. Holzer, Jr. Presents At Software IP Strategy Summit In Palo Alto Feb. 20-21, 2007

At the 2007 Software IP Strategy Summit in Palo Alto, the premier corporate counsel event for intellectual property portfolio maximization, Richard J. Holzer, Jr., HKE partner, took part in a panel of esteemed legal counsel discussing the merits of well-written patent claims and the various types of claims available. The panel also analyzed the impact of the recent PTO rules changes on claim drafting strategies.

Topics the panel covered included the importance of a well-run invention disclosure meeting, and the various types of patent claims and the types of protection they provide. The claims discussed included business methods claims, data structure claims, programming interface claims, user interface claims, and dependent Beauregard claims.
Software companies are aggressively pursuing patent protection, even as the legal contexts and strategies change in the face of litigation threats, open source considerations, and economic pressures.

2006

HKE adds depth to its Intellectual Property Group with the addition of Allison Olenginski.

Ms. Olenginski is a registered patent attorney practicing in the field of intellectual property law. Her practice includes the preparation and prosecution of domestic and international patent applications in a variety of technical fields including; software; computer hardware; signal processing; drug delivery systems; image processing; IP telephony; medical devices; circuits; automotive technologies; bearing devices; braking systems; brazing; metallurgy; optics; and semiconductors. (Link to Bio)

HKE represented a growing private company with its Series A Preferred Stock financing
HKE represented a growing privately held company in connection with a $5 million Series A Preferred Stock financing. The transaction closed in July 2006.

HKE represented The Himark Group, LLC in the acquisition
of the assets of a telephone conferencing business
HKE represented The Himark Group, LLC in the acquisition of all the assets of a California based telephone conferencing service business. The Himark Group, LLC is a Colorado based privately held business providing a wide range of telephone conferencing services.

HKE represented Data393 Holdings, LLC with its $3 million private placement
HKE represented a Data393 Holdings, LLC, a growing privately held company, in connection with a $3 million private placement. Data393, LLC is a data center and network services company located in Denver, Colorado.

HKE Is Patron Sponsor For Annual AUTM Event
"It's not your discovery until it's protected" was the theme presented by HKE at the 2006 Western Region AUTM Conference, a gathering of over 150 attendees involved in technology transfer at universities and other research facilities across the western United States. For a copy of the HKE presentation on the proposed upcoming changes from the USPTO, click here.

HKE Trial Team Obtains Victory In Phillips v. AWH - March 2006
HKE litigators represented Plaintiff Edward Phillips at trial in the landmark patent infringement action Phillips v. AWH Corp., et al in Federal District Court. The jury in the case found willful infringement by the defendants and awarded Phillips a multi-million dollar judgement.

HKE Sponsors Technology Transfer Awards at the University
of Colorado - January 2006
HKE proudly sponsored the fourth annual Technology Transfer Office awards which celebrate people and companies that demonstrate outstanding innovation and achievement in technology

2005

HKE GROWS STRATEGICALLY IN LAST QUARTER OF 2005

HKE has expanded its scope of expertise with the addition of 2 highly accredited attorneys.

William T. Slamkowski joins HKE's Real Estate and Litigation Practice Groups. Slamkowski has represented and advised Fortune 100 companies, private companies and individuals in large and small matters relating to contracts, real estate, intellectual property, lending and insurance. Mr. Slamkowski is a graduate of Forham University Law School and worked with Chase Manhattan Bank in New York City before relocating to Denver in 1995. He is admitted to practice in New York and Colorado.
(Link to Bio)

Thomas J. Osborne joins the Intellectual Property Practice of HKE as Registered Patent Attorney.

Thomas Osborne has practiced intellectual property law as a registered patent attorney for over a decade. His practice focuses on preparing and prosecuting patent and trademark applications, counseling clients with respect to their intellectual property rights, and managing international patent and trademark portfolios. Mr. Osborne is a graduate of Notre Dame Law School. (Link to Bio)

HKE represents McDATA in completion of $235 million
merger acquisition of Computer Network Technology Corporation.
BROOMFIELD, Colo. — McDATA Corporation (Nasdaq: MCDTA/MCDT), a leading provider of storage networking solutions, announced that it has completed the acquisition of Computer Network Technology Corporation, “CNT” (Nasdaq: CMNT), a global expert in storage networking solutions. Founded in 1983, CNT has been one of the world's largest providers of comprehensive storage networking solutions, products and services, with 12 international subsidiaries and clients in more than 30 countries. Businesses worldwide depend on CNT to deliver business continuity solutions that drive efficiency, lower costs and reduce IT risks in the enterprise. (http://www.mcdata.com/about/news/releases/2005/0601.html

HKE represents McDATA in sale of non-strategic assets to Solectron USA, Inc.
McDATA Corporation is represented by HKE for all aspects of the sale of assets of products used for storage and data networks to Solectron USA, Inc., a company providing electronics
supply chain services to original equipment manufacturers.

HKE represents Data393 Holdings, LLC in
a private placement of Class B membership units.

HKE represents individual investors in Ablecomm, Inc equity investment.
HKE represents individual purchasers in all aspects of stock acquisition of Ablecomm, Inc., a coffee catering company.

HKE represents F.A.S.T. Learning LLC. in debt transaction.
HKE is responsible for all aspects of debt investments in literacy intervention program company.

2004

Arnold Transportation Services, Inc. is represented
by HKE in management leveraged buyout.
HKE represents management in the second management leveraged buyout of Arnold Transportation, Inc., a trucking company with majority ownership by a financial buyer.

HKE represents management in sale by merger of RentPort, Inc. to TransUnion.
CHICAGO and GREENWOOD VILLAGE, Colo. – June 3, 2004 – TransUnion, a leading global information solutions company, today broadened its solutions capabilities with the acquisition of Rent Port, Inc, a leading provider of online applicant scoring and decisioning solutions used in the property management industry. The strategic acquisition helps TransUnion extend its role as an enabler of commerce by providing intelligence-based risk management offerings in the property management segment.

HKE responsible for all aspects of $3 million sale of membership interests
of Telecom Software Enterprises, Inc. to Evolving Systems
ENGLEWOOD, Colorado -- Evolving Systems, Inc. (NASDAQ-EVOL), a leading provider of innovative software solutions and services to the wireless, wireline and IP carrier market, today announced the acquisition of privately held Telecom Software Enterprises, LLC for $2.4 million in cash plus additional consideration payable upon the achievement of certain performance incentives. With offices in Greenwood Village, Colorado, Telecom Software is a provider of wireless and local number portability (LNP) testing and service assurance products. http://www.evolving.com/site/company/press_releases.php?articleId=179

HKE represented Harbert Funds in PIPE deals.
HKE serviced this client in all aspects on investment documents and due diligence review for numerous PIPE transactions.

HKE represents investors in financing for LifePics Inc.
HKE prepares bridge financing investment in LifePics. Inc., an online image solution company.

HKE represents individual investors in bridge financing
with Blue Lime Software Inc.
Bridge financing investment in Blue Lime Software, Inc., a software company is successfully executed by HKE.

HKE represents Data393 Holdings, LLC in private placement.
HKE represents Data393 Holdings, LLC in private placement of membership units.

HKE represents Data393 Holdings, LLC in private placement.
HKE provides services in a private placement of common stock.

Asset sale is completed by HKE for Knox Publishing Co.
HKE represents Knox Publishing Co. in the sale of all assets.

2003

HKE represents McDATA Corporation in $102 million
acquisition of Sanera Systems, Inc.
BROOMFIELD, Colo. — McDATA® Corporation (Nasdaq: MCDTA/MCDT), the expert provider of multi-capable storage networking solutions, today announced the completion of its acquisition of Sanera Systems, a provider of highly scalable and reliable enterprise storage networking solutions. The acquisition of Sanera extends McDATA’s leadership at the core of the world’s largest data centers and accelerates its vision of delivering a real-time storage services infrastructure. http://www.mcdata.com/about/news/releases/2003/0930.html

HKE represents McDATA Corporation in $83 million
acquisition of Nishan Systems, Inc.
BROOMFIELD, Colo. — McDATA® Corporation (Nasdaq: MCDTA/MCDT) today announced definitive agreements to acquire Nishan Systems, a privately held company and the world’s first supplier of native IP storage networking solutions; and Sanera Systems, a privately held company and provider of highly scalable and reliable enterprise storage networking solutions.

SUCCESSFUL M&A SEMINAR
The firm would like to thank all those who attended the August 19, 2004 "The Art of Business Acquisitions:  The Fundamentals of M&A in Colorado" seminar at which Darren Hensley was a presenting faculty member. 

RICHARD HOLZER JOINS THE FIRM
On June 19, 2004, Richard J. Holzer, Jr. joined Hensley Kim & Edgington, LLC as Of Counsel. Mr. Holzer's practice focuses on intellectual property law, emphasizing the development and management of intellectual property portfolios for clients of all sizes.  He is a registered patent attorney who has drafted and prosecuted hundreds of U.S. and foreign patent applications, in addition to preparing and prosecuting trademark applications.  Mr. Holzer's extensive intellectual property experience complements the firm's existing business practice, enabling us to offer business clients a one-stop shop for litigation, transactional, real estate and intellectual property needs. A graduate of the University of Michigan School of Law, Mr. Holzer's previous work experience was as an electrical and software engineer, and his previous legal experience includes such law firms as Holland & Hart, Merchant & Gould and Lee & Hayes. ( Link to Bio)

THE FIRM SPONSORS 5TH ANNUAL VENTURE CAPITAL FINANCING CONFERENCE
Hensley Kim & Edgington, LLC is the lead corporate sponsor for the 5th Annual Venture Capital Financing Conference - Legal and Business Trends, further supporting its efforts to successfully navigate clients through the venture capital world.  The conference is scheduled for September 20-21, 2004 at the Hyatt Regency Hotel in downtown Denver.  The conference is presented by CLE International and offers CLE and CPE credits.  Persons interested in attending may register online at www.cle.com.

DARREN HENSLEY TO SPEAK AT M&A SEMINAR
Darren R. Hensley is a presenting faculty member at "The Art of Business Acquisitions:  The Fundamentals of M&A in Colorado", a seminar to be held on August 19, 2004 at the Executive Tower Hotel in downtown Denver.  The seminar is designed to cover the anatomy of a merger and/or acquisition transaction on a step by step basis.  Topics to be covered include evaluating targets, structuring the deal, due diligence fundamentals, preparing the definitive documents and planning for integration of the target.  The seminar is presented by Lorman Education Services and offers CLE, CPE, CFP, Enrolled Agents, NFPA and NALA credits. 

MCDATA ACQUISITION AWARDED 2ND PLACE IN THE 2003 COMMUNICATIONS DEAL MAKER AWARDS BY THE DENVER BUSINESS JOURNAL
We congratulate McDATA Corporation for its September 2003 acquisition of San Jose - based Sanera Systems, Inc. being awarded 2nd place for 2003 communications transactions by the Denver Business Journal at its Annual Deal Makers Awards.  McDATA acquired Sanera Systems (a company that specializes in enterprise storage networking systems) in a reverse subsidiary merger transaction valued at approximately $102 million.  HKE acts as corporate and securities legal counsel to McDATA and represented McDATA in all aspect of the Sanera Systems acquisition, including with respect to related HSR and SEC filings. 

MICHAEL HOOG AND JEP SEMAN JOIN THE FIRM
On April 1, 2004, Michael Hoog and Jep Seman joined Hensley Kim & Edgington, LLC as Of Counsel.  

Mr. Hoog's practice focuses on general business transactions, commercial litigation, government relations and regulatory law.  Mr. Hoog has represented clients before congress, federal agencies, and state and local governments on issues ranging from technology policy and procurement to energy policy, natural resources rights, royalties and environmental compliance.   

Mr. Seman's practice focuses on environmental, real estate, government relations and complex regulatory and administrative law matters.  Specializing in air quality and other environmental matters, Mr. Seman represents a number of clients in the oil and gas industry including producers, refiners and trade associations with related issues. Additionally, Mr. Seman has expertise in both commercial and residential real estate transactional matters, land use and zoning.

(Please refer to their detailed biographies which are available here for details on their practice and background)

REPRESENTATIVE DEALS CLOSED DURING 2003
The firm closed several high-profile transactions during 2003, which included:

• Representation of McData Corporation in its offering of $172.5 million of Convertible Subordinated Notes – February 2003.
• Representation of CRL, Inc. in its $7 million sale of the assets of Freezing in Florida, LLC – February 2003.
• Representation of McData Corporation in its $6 million strategic venture investment in Aarohi Communications, Inc. – August 2003.
• Representation of McData Corporation in its $83 million acquisition of Nishan Systems, Inc. – September 2003.
• Representation of McData Corporation in its $102 million acquisition of Sanera Systems, Inc. – September 2003.
• Representation of CRL, Inc. in its $1.8 million sale and lease of the assets of Timberline Aviation – October 2003.

NASCAR RESULTS
The Oliver Gravity Separators racing team, of which the firm is an associate sponsor, finished fifth in NASCAR’s Winston West Series during the 2003 racing season. Darren Hensley once again served as a jackman on the team’s pit crew.

COMPETITIVE EDGE SPANS MERGERS AND MANIFOLDS
Please follow the link below and be sure to scroll down to the page to view the full article:
http://www.cobar.org/tcl/tcl_articles.cfm?ArticleID=2301