AREAS OF EXPERIENCE
Business and Commercial Matters
Mr. Rothstein has received an AV® peer review rating from Martindale-Hubbell, recognizing his “very high to preeminent legal ability” as well as “very high general ethical standards.”
University of Michigan, J.D., 1987, with honors, Campbell Moot Court Competition semi-finalist, 1986; Campbell Moot Court Board, 1987
University of Chicago, B.A., with general honors and special honors in history, 1984
State Bar of Texas
State Bar of New York
U.S. District Courts for the Northern and Eastern Districts of Texas
Clouse Brown PLLC
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Mr. Rothstein’s intellectual property law practice includes all aspects of copyright, trademark, entertainment, internet and trade secret law. He regularly assists clients with the registration, maintenance and transfer of copyrights and trademarks. He also handles issues regarding website design, domain names and search engine optimization.
Mr. Rothstein’s employment law practice frequently relates to issues at the intersection of employment and intellectual property law, such as the respective rights of employers and employees to intellectual property brought into the business, developed by the employee during employment or disclosed to the employee while at the business.
The other primary focus of Mr. Rothstein’s employment law practice relates to issues arising from the dissolution of businesses and partnerships and the departure from businesses by senior executives. Typical issues in this context include the enforcement of non-compete agreements, disputes relating to termination for “cause” and issues relating to the ownership of company stock and options.
Mr. Rothstein’s litigation practice, in state courts, federal courts and in arbitration, include commercial, intellectual property and employment law disputes regarding the issues described above, libel/slander, and other contractual disputes.
Mr. Rothstein is also a qualified mediator with numerous mediations conducted. With a commitment to working toward “win-win” solutions, he is pleased to offer his services as a mediator, especially with regards to intellectual property and other business disputes.
REPRESENTATIVE ENGAGEMENTS INCLUDE:
Representing senior executives in securing their rights to company stock and options.
Representing exiting executives against charges that their new business violates non-compete restrictions.
Representing senior executives in securing their rights under change in control agreements and against charges of termination for “cause.”
Representing both employers and employees in contract negotiations and disputes regarding their respective rights to trade secrets and other intellectual property at the inception and at the termination of employment. Frequently, these disputes include forensic review of computers and other electronic devices to ensure compliance with agreements and court orders.
A large toy distributor in numerous copyright, trademark, and trade dress cases as a plaintiff and defendant. These cases in the U.S. District Courts for the Northern and Eastern Districts of Texas involving multimillion-unit-selling products included obtaining the seizure of infringing goods by the U.S. Customs Office, entry of a preliminary injunction, and other relief effectively stopping the sale of infringing goods.
One of the nation’s largest headwear distributors in trademark and copyright litigation in federal courts in Mississippi, Georgia and Texas.
A well-known record producer in trial, post-trial, and appeal as a defendant on copyright claims in the U.S. District Court for the Northern District of Texas and the U.S. 5th Circuit Court of Appeals, resulting in the reduction by nearly 90 percent of a substantial jury award and fee claim.
Representing a major textbook publisher in negotiations with potential textbook authors.
Representing the estate of a well-known author in negotiations to adapt her book for the screen or stage.
Assisting businesses in securing a trademark protecting their business name, or a new product or service.