William Gutierrez

Partner

wgutierrez@gutierrez-marca.com
Gutierrez Marca LLP
465 California Street, 5th Floor
San Francisco, California 94104
Direct: 415.231.6162
Mobile: 650.888.9410
Fax: 415.231.6164
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Key Areas

  • Business formation, capitalization and governance
  • Mergers/Acquisitions and Joint Venture agreements
  • Buy-Sell agreements
  • NDAs, website policies and insertion orders
  • Master service agreements/licensing agreements
  • Distribution/re-seller/marketing contracts
  • Co-location/channel partner/commission contracts
  • Corporate, partnership and limited liability company transactions and disputes
  • Employment Law
  • Discrimination and Harassment
  • Competition and Trade Secret Law
  • Wage and Hour
  • Business litigation
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Overview

Bill provides outside general counsel and litigation services to businesses and entrepreneurs throughout all phases of the business lifecycle. He offers business counseling and transactional representation to clients in a broad range of industries, including venture capital, consumer products, medical, software development, print media, advertising, data center operations, cloud computing and e-commerce. Having served as in-house counsel for an international venture capital fund, Bill understands the concerns of business owners and senior management and tailors his advice to help clients find practical solutions consistent with their business objectives. A successful trial lawyer, Bill brings the unique perspective developed through trying multiple high-stakes trials to verdict in advising clients on a broad range of transactional. Whether negotiating strategic alliances or drafting complex business agreements to monetize or protect core company assets, Bill draws upon his experience litigating the nuances of contractual terms to help clients mitigate risk and focus on essential deal terms. Bill also uses his business counseling and transactional experience to help resolve complex partnership, contract and commercial disputes before they ever go to trial.

Representative Work

  • Represent International Finance Corporation division of World Bank in international investments, including performing due diligence, and negotiating and drafting investment documents.
  • Represented cloud services business in acquisition of industry news portal and content.
  • Established national and international distribution network for luxury products manufacturer.
  • Prepared comprehensive hosted and professional services contracts for SaaS provider of enterprise software in the cloud space.
  • Prepared Master Services Agreement and template work orders for enterprise software re-seller/developer.
  • Prepared service and agency contracts for web-based print media brokerage firm.
  • Obtained large pre-litigation settlement of claims for wrongful “hacking” of computer database and misappropriation of trade secret for software developer.
  • Obtained multi-million dollar verdict in complex breach of joint venture trial, including punitive damages.

Academic Credentials

  • J.D., cum laude, University of San Francisco School of Law
  • Moot Court Honors
  • B.A., Social Science, University of California, Berkeley

Professional Affiliations

  • State Bar of California
  • American Bar Association
  • San Mateo County Bar Association
  • San Francisco Bar Association, Diversity Task Force
  • Former California Licensed Real Estate Broker

Civic and Charitable

  • Peninsula Pop Warner | Board Member, 2002 – 2003
  • West Bay Rams Pop Warner | President, 2002 – 2003
  • San Mateo Union High School District | Booster President, 2004 – 2007

Publications

  • Product Liability Theories in the United States, Lloyd’s of London Press, 1992.
  • Chpt. 17, Eighteen Chapters on American Law, Co-author, Yuan-Liou Publ. Co., Taiwan, 1995.
  • Recent Developments in Aviation Law, Co-author, SMU Law Journal, 1995.

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