Aaron K. McClellan

Aaron K. McClellan

88 Kearny Street
10th Floor
San Francisco, CA 94108

Phone: 415.788.1900
Fax: 415.393.8087


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Admissions

  • All courts in the State of California
  • Federal District Court for the State of California, Northern, Eastern, Southern and Central Districts
  • U.S. Court of Appeals for the 9th, 10th and 11th Circuits
  • U.S. District Court, Colorado

Education

  • J.D., University of San Francisco, Associate Literary Editor and Article Editor for Maritime Law Journal
  • B.A., University of the Pacific

Aaron K. McClellan

Senior Shareholder

Mr. McClellan maintains an active litigation and trial practice representing clients in civil and business disputes. In addition, he counsels clients on corporate, employment and intellectual property matters and serves as outside general counsel to individuals and businesses in the fields of entertainment, construction, manufacturing, import/export, finance, banking, securities, antitrust, food and beverage, nonprofit, real estate, publishing, public relations, retail, and professional services.

Highlights

  • Maintains an active trial practice representing clients in trademark, copyright, trade secret and related intellectual property disputes.
  • Acts as outside general counsel to businesses negotiating contracts, leases, licenses, joint ventures, master service agreements, acquisitions and mergers.
  • Advises and assists in corporate formation, planning and risk management, restructuring, and employment matters.
  • Preserves and prosecutes client trademark rights before the U.S. Patent and Trademark Office, and advises on copyright, trade secret and trademark disputes and strategies.
  • Represents and advises professionals, executives and businesses in internal investigations as well as civil and criminal proceedings involving California and Federal regulatory and governmental agencies, including the U.S. Department of Justice, Internal Revenue Service, Securities and Exchange Commission, FINRA, State Bar of California, Medical Board of California, California Labor Board (Division of Labor Standards and Enforcement), Contractor's Licensing Board and in various local government proceedings.
  • Assists companies with external and internal crisis management matters involving employee wrongdoing, theft, missapropriation, civil and criminal allegations, negative publicity, defamation, electronic privacy matters, and breach of non-disclosure agreements.

Selected Client Representations

Lion's Gate Entertainment v. The Urban Smalls, Inc. - Federal Copyright action. Obtained a negotiated prospective license on behalf of fifty-one defendants and potential defendants in a copyright dispute regarding use on baby clothing of the well-known phrase "Nobody Puts Baby in the Corner," a notable phrase from the motion picture Dirty Dancing.

Carmel Software, Inc. - Represented industrial software company in intellectual property asset sale and related earn-out agreement with Autodesk, Inc.

Greene Archives v. Julien's Auction House - Federal copyright infringement jury trial, copyright claims regarding Marilyn Monroe photographs, pretrial demand $1.8 million, defense verdict and prevailing party determination. Obtained an attorney's fees award on behalf of client, and against plaintiff, of several hundred thousand dollars (Ninth Circuit appeal pending).

Richter Robb v. Iglesias - Represented insurance brokerage in defense of competitor's trade secret theft claims following defection of key employees. Obtained dismissal from plaintiffs prior to trial, no payment by defendants.

Avanti Restaurant Solutions, Inc - Represented restaurant supply and design company in successful acquisition of TiCon Restaurant Equipment, LLC.

Professional Contributions

Mr. McClellan is an active member of the University of San Francisco Alumnae, having acted as the President and a Board Member of the Law Society Board of Governors for the University of San Francisco, School of Law. He is also a member of the American Inns of Court and the California and San Francisco Bar Associations, as well as the San Francisco Chamber of Commerce.

Community Contributions

A volunteer contributor, he has and continues to advise a variety of non-profit charitable organizations on corporate, employment, and litigation matters on a pro-bono basis.


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