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Andrey Pinsky B.Sc., M.Sc., J.D., M.B.A.
I am a member of Ontario Bar. Prior to completing my J.D. degree at the Faculty of Law at Queen's University in Kingston, Ontario, I obtained B.Sc. degree in electrical engineering and M.Sc. degree in computer engineering. I also hold M.B.A. degree from the School of Business at the University of Ottawa.
I am exclusively practicing business and intellectual property law (patents, trademarks, copyright, and trade secrets). I provide legal services to clients involved in the development, distribution and use of technology and intellectual property assets and to the entertainment industry. I am a big believer in focusing on one or two (related) areas of law. If a lawyer's practice areas look like a laundry list of legal areas, he runs the risk of becoming a jack of all trades, master of none. One of the myths of the legal profession is that all lawyers are created equal and that the same license qualifies one to represent clients in a personal injury litigation, litigate a divorce and to handle patent prosecution. This makes it very easy for the least competent and least experienced to "versatile" it into an area where a paying client has walked through the door.
Typically, I receive referrals from accountants and other financial advisers for clients who are ready to make the move to a business and intellectual property lawyer from a general practitioner, or who seek an alternative to large full service law firms. I also receive referrals from large law firms due to their client conflicts or for situations that are best suited to a smaller firm approach.
I assist clients, especially during the formation stage of their businesses, in establishing of legal presence through protection of corporate and intellectual property interests, including incorporation of businesses, preparation of shareholders agreements, preparation of business agreements, registration of patents, trademarks and copyrights and resolution of business conflicts. I represented about 150 clients between 2005 and 2012 and around 75% of them were U.S. and international (preparation and filing of patents and trademarks in Canada) as well as Canadian technology startups, including airline and aerospace, automotive, radio communications, wireless telecommunications, electronics, hardware, software, computer games, information technology, medical devices, digital media, clean technology, healthcare, book publishing, and entertainment. I have a handful of clients that make applications for Facebook, Twitter, iPhone OS, Blackberry, and Android. Most of my clients have inventions and apply for patents which represent and protect core of their businesses. I also advise traditional businesses and emerging companies outside of the fields of technology and electrical and computer arts. These clients represent about 25% of my client base.
I am registered to practice before the Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO). In my intellectual property practice, I provide clients with all the services they need to secure protection for intellectual property such as: trademark clearance searches, trademark registrations, trade mark oppositions, product branding, corporate and business name protection, logos, label design, packaging, patent searches, patentability opinions, patent infringement opinions, patent drawings, patent drafting, patent examination and responses, patent maintenance. My litigation practice includes disputes before the Superior Court of Justice, the Federal Court of Canada, and the Opposition Boards of the CIPO, and the USPTO.
I also advise traditional businesses and emerging companies outside of the fields of technology and electrical and computer arts. These clients represent about 25% of my client base. In my business practice, I assist to a variety of individuals and companies to incorporate and expand their businesses. I advise on issues concerning shareholders' agreements, merger agreements, partnership and joint venture agreements during the formation or reorganization of a business. Some of the most frequent business law services include:
- Introduction and Distribution of New Products - technology licensing agreements, technology transfers, technology royalty agreements, intellectual property protection strategy;
- Access to Venture Capital - angel investors, venture capital investors, strategic partners, joint ventures, private placements, reverse takeovers, IPO readiness;
- Purchase and Sale of Businesses - asset and share sales, management buy-outs, family succession, shareholder buy-sells and dispute resolution;
- Shareholder and Partner Disputes - acting for oppressed minority or advising control group and negotiating voluntary or involuntary exits;
- Corporate Reorganizations - strategize and implement key employee buy-ins, capital restructurings with owner/operators;
- Private and Not-for-profit Associations - advise on corporate, governance, and HR aspects of non-profits;
- Exempt Offerings of Securities - preparation of Offering Memorandum, key agreements, multiple closings, advise and preparation of documents for closely-held issuer offerings;
- Source and Implement Debt Finance - secured bank loans, term equipment loans, bulk lease financings, convertible debentures, factoring, asset-based lending;