Areas of Practice: Corporate, Business, Technology, Telecommunications, Biotech/Life Sciences, Energy, Government Relations

Mr. Eigner received the highest ranking awarded by Martindale-Hubbell's legal rating service. His practice emphasizes venture capital and the governing, operating, buying, selling and merging of growing technology and other businesses. His practice further encompasses corporate and business transactions, including matters relating to telecommunications, electronic commerce, energy, biotechnology, corporate governance, employment and independent contractor issues, intellectual property protection, competitive business practices, securities, and business structuring and financing. Mr. Eigner also has significant experience in handling contractual and political issues involving telecommunications companies and independent power producers.

Background
Mr. Eigner was born in Dover, Ohio in 1959. He received his B.A. from Stanford University in 1981 and law degree from the University of Virginia School of Law in 1986. In 1981, Mr. Eigner served as a United States Supreme Court Judicial Intern. Mr. Eigner serves as a director of the San Diego Regional Chamber of Commerce and as a member of the Chamber’s Energy Committee and Public Policy Committee. He is past chairman of the Chamber’s Emerging Business Committee and its Business Recognition and Awards Committee. He is a member of the San Diego Venture Group and the San Diego Telecom Council, where he serves as chairman of the Telecom Council’s Policy Committee. Mr. Eigner serves on the Board of Trustees of the Mundoval Trust, which operates the Mundoval Fund mutual fund. He also serves on the Board of Directors of information technology franchisor Concerto Networks, Inc., and on the Boards of Advisors of integrated circuit design firm QuantumThink Group, Inc. (QThink), high-speed wireless broadband carrier SkyRiver Communications, Inc., and wireless data marketer Mobile DataComm. He is a member of the Board of Trustees of La Jolla Country Day School. Mr. Eigner is also a former trustee and land use chairman of the La Jolla Town Council and served on the Bishop’s School Headmaster’s Advisory Council. He is the author of “Lobbying Guidelines," which was distributed to the San Diego City Council and other San Diego boards and commissions by the San Diego City Attorney and is co-author of "Lobbying Guidelines and Rules for Ex Parte Contact," which was published in California Real Property Journal. He is also co-author of “Committees of the Board of Directors: An Overview," which was presented to the International Forum for Corporate Directors.

Representative Matters

Venture Capital & Securities:
Represented a venture capital fund in funding a telecommunications company

Represented the founders of a telecom company in a private sale of stock to venture funds

Represented a wireless Internet service company in raising angel and venture capital

Assisted a venture capital fund in cashing out its investment in a biotech company

Drafted/reviewed stock purchase agreements, restated certificates of incorporation, registration rights agreements, co-sale agreements and other venture capital documents for numerous venture capital financings for biotech, telecom and other companies

Represented a venture capital company investing in an emerging telecom company

Structured and formed an Internet tool company accelerator

Represented the lender in a convertible debt and warrants transaction with a diagnostics company

Counseled a biotech CEO regarding necessary disclosures to venture capitalists

Assisted a working group conducting an IPO for a telecom services company

Represented two Series B venture capital investors during the Series C round of financing for a fabless semiconductor company focused on the imaging market for mobile communications devices

Corporate Governance:

Drafted a buy-sell agreement for an electrical contractor

Represented the majority shareholders of a retailer in forcing the buy-out of a minority shareholder

Counseled a corporate general partner regarding the corporate opportunity doctrine and its duties to limited partners

Counseled a corporation regarding director conflict-of-interest issues

Advised a venture capitalist regarding potential liabilities as a director and advisor

Assisted a telecom company in recruiting a Board of Advisors

Advised a limited partnership and its corporate general partner how to address allegations of a director's conflict of interest

Contract Negotiations:

Represented a telecommunications services company in negotiating Master Service Agreements involving site acquisition, engineering, and other services

Represented an integrated circuit design company in drafting its Master Services Agreement

Represented a Japanese-owned maquiladora in a contract dispute with a Mexican independent contractor

Assisted a franchisee in rescinding a franchise agreement

Assisted a technology company in collecting a $200,000 receivable

Advised a number of ex-CEOs of biotech and telecom companies in negotiating severance packages

Structured agreements for a broadband fixed wireless carrier

Mergers & Acquisitions:

Represented an Internet retailing company in an electronic commerce joint venture with a public company

Represented the buyer in the merger/acquisition of a wireless engineering company

Represented the seller in the sale of a metallurgical services company to a subsidiary of a large British corporation

Represented the seller in the sale of an electrical contracting company

Represented the seller in the sale of an engineering company

Intellectual Property & Competitive Business Practices:

Advised a biotech company regarding its NDA

Advised a software company concerning protection of its intellectual property upon the departure of a key employee

Advised distributors in a dispute with their supplier

Advised a venture capital company regarding trademark issues

Assisted a catering company in a brand licensing transaction and joint venture

Counseled a company whose newly hired VP-sales had expropriated his previous employer’s client list

Government Relations:

Represented an independent power producer in forcing a major investor-owned utility to buy out its power purchase contract

Assisted a wireless service company with municipal land use authorities and other government officials to facilitate the build-out and deployment of a wireless Internet network

Lobbied government and labor officials to assist a co-generation venture

Assisted a telecom sevices company in contracting with governmental entities

Articles

Board of Advisors: Key Tool for Successful Companies

Community Involvement

Advisory Board, Bioelectric Medical Solutions, Inc.
Board of Directors, Concerto Networks, Inc.
Advisory Board, Mobile DataComm
Advisory Board, QuantumThink Group, Inc. (QThink)
Advisory Board, Skyriver Communications
Board of Trustees, La Jolla Country Day School
Board of Directors, San Diego Regional Chamber of Commerce
Member, Energy Committee, San Diego Regional Chamber of Commerce
Member, Public Policy Committee, San Diego Regional Chamber of Commerce
Chair, Policy Committee, San Diego Telecom Council