... from a lawyer with IntegrityPrimary Practice Areas:* Civil Rights (42 U.S.C. § 1983, Government Tort Claims, Due Process)* Appellate (Federal and State Courts, Civil and Criminal)* Civil litigation (Federal and State courts)* General corporate and partnership (corporations, LLCs, partnerships)* Intellectual Property (technology licensing, copyrights, trademarks, patents)* Business negotiations and contracts of all types (domestic or international)* Computer Forensics for civil litigation and criminal defenseWith additional experience in:* Real estate* Criminal defense* Employment* Constitutional law530-432-5407EMAIL to firstname.lastname@example.org
Law is the Foundation of a Free and Humane Society
Mr. Dwyer has extensive appellate expertise with an outstanding record of success in both civil and criminal matters. See Appellate Decisions. A successful appeal begins with a complete record in the trial court. If a court issues a tentative ruling that is not well founded, make sure to have a court reporter there for any oral argument before final decision. Spend the time to get every issue into the trial court record. If it is not there, it may be waived. Appellate briefing is largely about presentation of the legal issues from an equity and/or policy persepctive. The statement of the issues and the summary of background facts are critical. Ask yourself why should relief be granted. Appellate courts are busy. A brief that set outs the issues clearly and succinctly is the best approach.
Explaining the conceptual differences between copyrights, patents, and trademarks is the starting point. There is often confusion between what can be copyrighted and patented and what protection is offered by each form of intellectual property. Businesses often do not understand the importance of “branding” and how that is accomplished with the right trade or service mark. Mr. Dwyer has extensive engineering experience in digital and analog electronics, software, mechanical design, fabrication, and manufacturing. See his Patents and Publications page. Mr. Dwyer has both domestic and international experience with intellectual property and is especially focused on helping clients integrate their “IP” into their everyday business agreements. This is often overlooked and later comes back to “haunt” a business when it tries to expand, merge or be sold. Distribution, marketing, and agency agreements need provisions that protect a company’s IP from being misappropriated or lost. Often someone will have a new “idea” and wants to share the idea with a possible investor. If disclosed without proper protection, the idea can be lost. Mr. Dwyer helps individuals and businesses protect their IP with non- dislcosure agrements. Once the new idea is secured, then Mr. Dwyer can provide extensive licensing and transactional expertise.
Selecting the right legal structure for your business is very important. There are many factors that need to be considered, especially ownership, intellectual property, and tax questions. In small or family owned businesses, the primary issues often revolve around the management of the company, dispute resolution, rights to buy out other owners, and how the business will be terminated or inherited. These issues are frequently not given the attention deserved. The common result is expensive litigation when the business partners or family members want to go in different directions. Careful legal planning should include provisions that deal directly with these matters. Mr. Dwyer is experienced with the formation and organization of C corps, S corps, close corps, LLCs, general and limited partnerships, and charitable corps.
Mr. Dwyer is also an electronics engineer (see Patents and Publications) with considerable software and digital designexperience. He has used this expertise in several cases withkey evidence located on digital devices. In one case,People v. Pellerin, he was able to track down evidencetampering by a sheriff’s department that had modifiedvideo files on a hand held video camera for the purpose offalsely incriminating his client.In another case, Mr. Dwyer was responsible for making a forensic copy of a computer server and then running thatcopy “inside” of a lap top computer in court to prove thata certain software program on the original server waspresent, complete, and operable as required by the contract.In another case, he examined text messages sent by aGPS tracking device to disprove the report of an expertfor the prosecution that the GPS device had been used forillegal survielance.
Mr. Dwyer has been directing the focus of his practice into thefield of civil rights since 2010.I sometimes get calls from potential clients, butthey are too late. It is crucial that your claims againstthe State of California be preserved with a timely filing of agovernment tort claim as required by California GovernmentCode 915. YOU MUST FILE A CLAIM WITHIN SIX MONTHSOF THE INJURY OR THE DATE YOU BECAME AWARE OFTHE INJURY. GC 911.2Many claims that are actionable under state law are alsoactionable under federal law. This field of law is complex andI recommend consultation with a lawyer. Federal claims forconstitutional violation of civil rights typically have a two yearstatute of limitations. But again, check with a lawyer!To file a claim against a county or local governmententity you must complete a claim form and deliver the form to the County Board of Supervisors office. I recommend personaldelivery or certified mail. GC 915(a).The claim must include the information set out at GC 910. How you state your claim can be crucial to its success. Irecommend that a lawyer help you with this process.You can file a claim against the state or a state agency oremployee with the State Board of Control (SBC), by delivering the claim to any local SBC office or by mailing it to: State Board of Control Government Claims BranchP.O. Box 3035, Sacramento, CA 95812.The State Board of Control’s contact info is:(916) 323-3564 (voice); (916) 323-5768 (fax);800-955-0045, or you can download a form from: http://www.vcgcb.ca.gov/publications/claims.aspxhttp://www.governmentclaims.ca.gov/claims/howtofile.aspx