David J. Gellen practices general corporate and transactional law. Prior to joining the firm as a shareholder in May 2007, David served as Vice President and General Counsel of Pace Micro Technology Americas.
David has negotiated and concluded numerous agreements involving the design, development, manufacture and supply of digital technology including set-top boxes (STBs) for sale to a variety of satellite, cable television, telephony and internet (voice over Internet Protocol - VoIP) companies located throughout North and South America.
He has industry knowledge and transactional experience related to the licensing, porting and integrating of operating systems (OS), conditional access systems (CA) and software applications, including, for example, video-on-demand (VOD), electronic program guides (EPGs), open cable application platforms (OCAP), as well as other emerging technologies for technology products deployed in the digital television market including STBs and embedded media terminal adapters (eMTAs).
David has been involved with negotiating various types of development and purchase agreements for technology products containing hardware components including semiconductor chips, modules and hard disc drives, among others.
He has negotiated outsource agreements with domestic and international companies including original equipment manufacturers (OEMs) for product design, engineering and manufacturing services in Asia, India and Mexico.
As part of his corporate practice, David provides strategic advice in connection with the offensive and defensive protection of intellectual property rights for his clients including the consideration for patent, copyright and trademark protection.
David has negotiated and concluded a wide array of other types of commercial contracts, including but not limited to a variety of general business, employment, and real estate contracts.
To help his clients avoid costly litigation, David provides creative and practical solutions to resolve pre-litigation business disputes.
Areas of Concentration • Corporate and business transactions
• Telecommunications (broadband technology)
• Intellectual property
• Licensing (software and hardware)
• Technology transactions
• Asset acquisition agreements
• Manufacturing and outsourcing agreements
• Purchase, supply, reseller and distribution agreements
• Warranty, repair and service agreements
• Transportation and logistics agreements
• ISO quality and environmental management systems (QMS and EMS)
• Internal audit programs
• Litigation claim avoidance, risk management and damage control
Professional & Community Involvement • Member, The Florida Bar
- Business Law, Labor and Employment Law Sections
• Member, The State Bar of Georgia
- Corporate Counsel, Intellectual Property, and Technology Sections
• Member, Atlanta Bar Association
- Corporate Counsel Section
• Member, American Bar Association
- Business Law, Labor and Employment Law, and Litigation Sections
• Member, South Palm Beach County Bar Association
• Former Judge, Southern Regional National Appellate Advocacy Competition
• Member, Association of Corporate Counsel (2001 - 2007)
- Corporate and Securities Law, Labor and Employment Law, eCommerce, Intellectual Property, Litigation, and International Legal Affairs Committees
- ACC South Florida Chapter
• Member, South Florida Group of Regional Counsel of Multinational Corporations (2004 - 2007)
• Industry Arbitrator, Philadelphia Stock Exchange (former role)
• Past sponsor, Cystic Fibrosis Foundation
• Chairperson, State Bar 1996 Olympic Force Committee
• United Way of Metropolitan Atlanta (former leadership role)
• Supporter, Leukemia & Lymphoma Society Corporate Walk
• Supporter, The Susan G. Komen, Breast Cancer Foundation, Race for the Cure
Other Experience • David was previously a partner in the Atlanta office of a well respected national law firm where he represented corporate, governmental and individual clients in the defense of commercial, securities and employment matters in Federal and state courts nationwide as well as in arbitration, mediation, administrative and regulatory proceedings before the SEC, NASD, NYSE, AMEX, AAA and state agencies.
Articles, Publications, & Lectures Books • Co-author-Chapter, "Scope of Securities Exchange Act of 1934," Understanding the Securities Laws, Practising Law Institute, 2000 Lectures • Presentation on Non-Disclosure Agreements and Protection of Company Proprietary and Confidential Information (Trade Secrets, etc.)
Miscellaneous • Co-author, Q&A on "Selling Away," NSCP Currents, A Publication of the National Society of Compliance Professionals (NSCP), January/February, 1996 • Co-author, Workshop Program Overview on How to Handle and Respond to Regulatory Examinations, 2001 NSCP Southern Regional Membership Meeting, April 30, 2001
