Practice Areas
Acquisitions and Disposition
Cochran + Kang LLP (“CK”) specializes in commercial real estate and business transactions. We have substantial experience and skills in the following areas: acquisition, disposition, development, financing and leasing of commercial buildings, shopping centers and industrial projects, including negotiation and preparation of purchase and sale agreements; ground leases and easements; office, industrial, medical and retail leases; consulting and management agreements; CC&Rs; architectural and engineering agreements; construction contracts; and telecommunications access and service agreements.
Business Transactions
Our attorneys also negotiate, structure and document corporate transactions, limited partnership and limited liability company operating agreements, joint venture agreements, development and management agreements, and consulting agreements; real estate loans, including securitized debt; agreements for retail, office and hotel projects; stock and asset purchase agreements; investment offerings; and confidentiality and fee agreements.
Commercial Leasing
Our attorneys represent both landlords and tenants on a variety of lease transactions, including commercial (medical and office), retail, and industrial properties. We are highly proficient in negotiating and preparing ground leases, office (including MOBs) and retail space leases and sale and leaseback agreements.
Construction
CK has expertise in many aspects of the construction process, from the initial agreement to construction claims and dispute resolution. Our expertise extends to developing, negotiating and preparing construction contracts and handling construction litigation matters; including delay and disruption claims, change order issues, defective or non-conforming work and mechanic’s liens.
Corporate
CK counsels clients in the areas of entity selection and formation, state and federal securities laws, mergers, acquisitions and dispositions, employment agreements, business licenses and other operational matters.
We represent all forms of business entities, including closely-held and not-for-profit corporations, limited liability companies, general and limited partnerships, and sole proprietorships in a wide variety of corporate and business matters.
Business Formation
We advise clients on alternative forms of business organizations, as well as entity formation and operation.
Business Representation
We are available to serve as general corporate counsel to business entities. Such representation can include the preparation of general corporate documentation, employment and consulting contracts, advice on securities law compliance, and the negotiation of commercial financing documents and other operating agreements. We are available to counsel clients on the preparation and filing of required securities reports with the Securities and Exchange Commission and the California Department of Corporations. Our attorneys can also advise clients on employment law matters and defend businesses involved in wrongful termination claims by employees. We can handle licensing and other arrangements for the use of business names and other intellectual property rights.
Dissolution of Businesses
CK handles the termination and dissolution of businesses, including all related insolvency and bankruptcy issues that may arise.
Mergers and Acquisitions
Our corporate practice encompasses the acquisition, merger, spin-off and restructuring of business enterprises, including both asset and stock transfers.
Business Disputes
CK represents clients in the resolution of a broad range of business disputes, including disputes among shareholders, partners, and members of business entities; between customers and suppliers (including bankrupt customers and suppliers); disputes regarding intellectual property rights, including patents and licenses and trade dress rights; employment disputes and disputes arising in connection with the issuance of securities. We also handle disputes involving commercial credit facilities and real estate secured debt, and advise our clients in connection with the restructuring of troubled loans.
Finance
Our attorneys have significant experience representing a wide variety of commercial lenders as well as developers and borrowers in the financing of real property, businesses and other assets. Our expertise includes the structuring and closing of finance transactions, loan administration, workouts and loan restructures.
Institutional Investments
CK has expertise with issues involving real estate investments, including formation, financing, landlord/tenant and construction disputes, mechanic’s lien claims and bankruptcy.
Litigation
CK represents a broad spectrum of clients in civil litigation, including real estate disputes, title insurance claims, life insurance matters, employment disputes, construction defect claims, trade dress and intellectual property claims, and general business litigation.
Our litigators are experienced in all facets of civil litigation, including trial and appellate practice in state and federal courts, mediation and arbitration. CK’s litigation practice includes representation in the areas of insurance, employment, labor relations, bankruptcy, environmental, securities, intellectual property, antitrust and real estate.
Business/Real Estate Litigation
CK represents individuals and business organizations as plaintiffs and defendants in all types of civil litigation. Typical matters include corporate shareholder, partner and member disputes; commercial litigation; real estate, title insurance and landlord/tenant disputes; actions for breach of contract; actions to quiet title; actions involving business torts; actions relating to the recovery of real estate and personal property; and foreclosure of liens.
Intellectual Property
The firm provides strategic intellectual property counsel to companies at all stages of growth, helping our clients to acquire, manage, license, develop, defend and assert Intellectual Property in all forms. In addition, our team regularly assists clients with legal issues related to media, advertising and marketing.
We represent plaintiffs and defendants in all phases of intellectual property disputes. We work with our clients to build, manage and maintain their intellectual property portfolios. Our attorneys advise clients as to how to enforce, and extract value from, their rights in these portfolios without the need for litigation. We also advise clients on how to avoid intellectual property disputes and how to respond to and resolve threatened litigation concerning intellectual property rights.
We assists clients with matters related to the acquisition, conception, creation, development, implementation, integration, use, licensing, financing, marketing, and sale of technology and intellectual property.
License and Protection of Intellectual Property
The licensing and protection of intellectual property is vital to growth strategies that can play a significant role in our clients' businesses. Clear and solid agreements are a mandatory part of protecting and maximizing the return on our clients' intellectual assets.
We have experience with patent, trademark, copyright, and know-how and technology transfer license agreements; compliance with state and federal regulations concerning franchise sale; "due diligence" reviews of intellectual property assets; advising lenders in perfecting and foreclosing on security interests in intellectual property; and advising clients on methods of franchising, setting up franchising systems, and legal compliance with franchise laws.
In order to help clients protect their intellectual property as products and processes are shared and moved, our attorneys prepare strong, effective dealer and distributor agreements.
Trademarks, Branding and Trade Dress
We have helped clients obtain, preserve and protect their trademarks and trade dress in the United States and worldwide.
Our lawyers counsel clients through the life of a trademark and provide strategies for protecting their rights. From the initial stage of selecting a trademark, our lawyers can conduct trademark searches to help identify potential rights of others, which may restrict or prevent the adoption and use of the trademark. Our attorneys assist clients in obtaining trademark registrations, policing the registrations and opposing and petitioning to cancel other trademarks that may be too similar to our clients' trademarks. We handle domestic and international trademark clearance, registration and protection. We fully defend our clients against charges of infringement and unfair competition.
Our lawyers assist clients in protecting the overall image and packaging of a product through trade dress protection. Enforceability of trade dress overlaps other areas of intellectual property law, including trademark, copyright, patent and unfair competition. We have extensive experience in this area and can help clients identify all aspects of protection, working with them to fully protect their rights.
Copyrights
Our attorneys offer a number of services in the copyright area. We have represented creators of copyrighted works. From licensing agreements to defending our clients against charges of infringement, our lawyers are capable of handling many of the different aspects of copyright law.
Alternative Dispute Resolution
We support alternatives to the judicial system for dispute resolution. We have experience representing our clients’ interests in arbitration and mediation proceedings.
Joint Ventures
CK has substantial experience in all aspects of business and real estate joint ventures. Our attorneys specialize in planning, negotiating, documenting, forming and implementing joint ventures, including limited liability companies and partnerships.
Property Management
Our attorneys advise clients on all matters related to the ownership, management and operation of real estate projects, including leasing, design, engineering, construction, development and management agreements for all types of retail, office, industrial and hotel projects. We have experience negotiating and documenting construction agreements between owners and general contractors, between general contractors and subcontractors and between owners and designers.
Residential, Resort & Hospitality Properties
CK offers specialized legal services for owners, developers and operators of residential developments, resorts and other recreation programs. We can handle every phase of a project from the acquisition of the land to its development, financing and construction to disposition.
Retail Development
CK has substantial experience in the acquisition and development of retail projects. Our attorneys have expertise negotiating and documenting all types of agreements concerning shopping center ownership, management and development, including CC&Rs, ground leases and space leases, easement agreements, development agreements, reciprocal access and parking agreements, construction agreements, brokerage agreements, management agreements and licenses.
Trusts and Wills
We also prepare high-quality trusts and wills at cost-effective rates.