elliott@dealfirm.com   512.961.7000

Brian Elliott ● Austin Business Lawyer ● 20 Years of Excellence

Brian Elliott is an experienced corporate and technology attorney based in Austin, Texas.

Business Attorney, Brian Elliott, focuses his law practice on business transactions, intellectual property, brand protection, business formation, corporate governance, real estate and strategic development for startups, investors, emerging growth companies and established global enterprises.

In addition to private practice of law, Brian has spent many years as an in-house general counsel in private equity, software, cloud technology, eCommerce and manufacturing sectors.  His business experience allows him to approach the practice of law from a business solutions perspective.

In addition, Brian has represented his in-house and private practice clients in offensive and defensive commercial and complex civil litigation matters, including patent infringement, patent misuse, misappropriation of trade secrets, anti-trust, deceptive trade practices, breach of contract, fraud, false advertising, shareholder disputes and other business and intellectual property matters.

Brian is admitted to practice in the States of Texas, Nevada and Georgia. In addition, Brian is a licensed Texas Realtor, and is mastering the art of the smoked brisket and is a Jeep enthusiast.

9311 N FM 620, Suite 36,
Austin, TX 78726

Everything You need to help and protect your business

General Counsel and Startup Lawyer

Business Formation
Mergers & Acquisitions
Contracts
Employment

Intellectual Property Lawyer

Trademark / Copyrights
Trade Secrets
Domains
Brand Protection

Technology and Internet Lawyer

eCommerce
App Development
Online Compliance
Blockchain

Business and IP Litigation Lawyer

Complex Litigation
IP Disputes
Arbitration
Strategic Advocacy

REPRESENTATIVE EXPERIENCE

General Counsel for Businesses

  • Provide day-to-day general counsel services to internet, eCommerce, broadband engineering, internet service providers, software developers, hardware manufacturers and footwear, apparel and consumer product manufacturers.
  • Prepared business clients for first equity capital raise, early stage financing, convertible debt financing and private equity financing and all phases of mergers, acquisitions and divestitures. Represented clients in the negotiation and closing of numerous loan facilities both in periods of high growth and periods of distress.
  • Structured and implemented international joint ventures, and formation of foreign representative offices and created international subsidiaries for US based companies and negotiated government/business business development partnerships.
  • Provide wide range of business General Counsel services including, commercial real estate transactions, HR and employment plicies and practices, Federal and State employment audits, employment based immigration, regulatory compliance, entity formations and management, corporate governance, advising board, and more.
Intellectual Property Solutions
  • Represented clients in filing numerous state and US federal trademark and service mark applications including responding to office actions, trademark renewals and trademark appeals. Assisted clients in obtaining and maintaining international trademark protection in China, Japan, Korea, Australia, Mexico and Canada.
  • Represented clients in offensive and defensive trademark cancellation and opposition proceedings before the USPTO Trademark Trial and Appeal Board.
  • Represented foreign film producer and distributor with acquisition of worldwide rights for film development, established domestic US corporate presence and negotiations related to raising capital for film production.
  • Provide wide range of business Intellectual Property services including, trademark advice and counselling, trademark search, competitive analysis, trademark registration, copyright registration, IP Portfolio management, IP rights enforcement and more.

Technology and Internet Law

  • Structured, drafted and negotiated commercial technology agreements including, licensing, technology service agreements, technology transfer and assignment agreements, click through and click wrap agreements, web site terms of use, privacy policies, ecommerce agreements, affiliate marketing agreements, co-marketing agreements, master service agreements, distribution agreements, non-disclosure and non-compete agreements, professional service agreements, software development agreements, hosting agreements, source code escrow agreements and others.
  • Represented client in cyber dispute and against web development company under the computer fraud and abuse act and internet registrar under ICANN regulations for the improper withholding of DNS control to more than 500 business related domains. Resulted in release and transfer of all domains and business critical hosted data in favor of the client.
  • Advised Internet Service Providers, application developers, software developers and cloud computing providers and ecommerce companies on issues related to data privacy, spam law compliance, FTC/advertising compliance, false advertising, online torts, responding to subpoenas, customer data and data breaches.

Business Litigation and Dispute Resolution

  • Lead counsel for complex commercial jury trial concerning misappropriation of trade secrets, breach of contract, deceptive trade practices and fraud resulting in complete defense verdict, and award of more than $700,000 for counterclaims.
  • Lead counsel for federal antitrust litigation concerning issues of patent misuse, inequitable conduct, and sham litigation involving globally recognized commercial product brands and top global retailers.
  • Represented software development client against former executive related to the misappropriation of source code. Resulted in favorable pre-trial settlement ensuring the protection and security of intellectual property assets.
  • Provide case assessment, outside counsel selection, litigation financing options, settlement negotiation, strategic scenario analysis and litigation consulting.

Education

University of Miami School of Law, J.D.

University of Waterloo, B.A.

ADMITTED TO PRACTICE

State Bar of TexasState Bar of NevadaState Bar of GeorgiaDistrict Court of NevadaDistrict Court of Colorado

ORGANIZATIONS

Austin Bar Association