Areas of Practice

Intellectual Property Litigation and Counseling

The McCliman Law Firm’s litigation and counseling practice covers all aspects of intellectual property law, including, trademarks, trade dress, copyrights, trade secrets, patents, and unfair competition. We strive to diligently protect our clients’ interests in all phases of litigation. We also work with our clients to determine the best way to obtain and protect their intellectual property, including counseling clients regarding their intellectual property issues in an effort to avoid litigation. The McCliman Law Firm prides itself in obtaining or defending against preliminary injunctions, obtaining or defending against summary judgment motions, negotiating favorable settlements, or representing its clients in alternative dispute resolution proceedings. Part of the McCliman Law Firm’s counseling practice focuses on representing or assisting clients with intellectual property transfers and protecting its clients’ intellectual property.

Trademark and Copyright Prosecution and Counseling

The McCliman Law Firm assists in conducting searches for trademark and copyright databases to determine the trademarkability or the copyrightability of the clients’ marks/ideas. In addition, the McCliman Law Firm can assist in monitoring or searching for potential infringers of its clients’ intellectual property. The McCliman Law Firm counsels clients about their branding, as well as assists clients with intellectual property licensing or assignments.

Trade Secret Litigation and Counseling

The McCliman Law Firm has given presentations regarding protection of trade secrets and counsels its clients in developing a trade secret protection plan that meets the client’s goals. To that end, the firm will listen to the client’s needs and budgetary constraints in order to obtain the most protection possible within the client’s constraints. In addition, the McCliman Law Firm has successfully and satisfactorily represented clients in trade secret litigation. The McCliman Law Firm uses its experience in trade secret, intellectual property, business, and employment to counsel its clients regarding protecting against trade secret misappropriation by current and former employees.

Business Litigation and Counseling

The McCliman Law Firm assists clients with their business legal needs, including litigation and counseling, in both state and federal court. Such matters range from disputes involving shareholders, partners, business structure and internal matters. The firm has experience in assisting clients with disputes with third parties involving individuals and businesses in matters of trade libel, defamation, interference with contracts or business relationships, and other general business matters such as corporate dissolution matters, breach of contract, breach of warranties, fraud, and breach of fiduciary duties. The McCliman Law firm prides itself in working closely with the client to develop a strategy directed at meeting the client’s goals in a cost effective manner.

Unfair Competition Litigation

The McCliman Law Firm has assisted clients in prosecuting or defending against an unfair competition claim - usually as part of a business/intellectual property/trade secret dispute.

Employment Litigation and Counseling

The McCliman Law Firm counsels and represents employers and employees with regard to discrimination, harrassment, and wrongful termination claims. The firm also assists and advises clients on employee policy, discipline and employee manuals - including assisting in drafting or updating the manuals. The McCliman Law Firm has also acted as a liaison to investigate harrassment claims and provide a report of its findings to the employer’s board of directors. The McCliman Law Firm has experience in both the Federal and State venues for employment-related matters, as well as both DFEH and EEOC claims.