STARTUPS & BUSINESS FORMATION
BUSINESS & CORPORATE LAW
OUTSIDE GENERAL COUNSEL SERVICES
SECURITIES & CAPITAL FINANCING
IP & TECHNOLOGY TRANSACTIONS
MERGERS & ACQUISITIONS
COPYRIGHT ANTI-PIRACY SOLUTIONS
HARDY VENTURE LAW
DAVID ECCLES HARDY
BUSINESS LAW ATTORNEY & STARTUP CONSULTANT
OUTSIDE GENERAL COUNSEL
Full range of business law services, including corporate and LLC formation, capitalization, operations, employees, strategic partnering, and exit strategies for small, medium & large businesses. We also provide counsel for joint ventures and mergers & acquisitions. Outside general counsel services are also available.
STARTUP FORMATION FOR ENTREPRENNEURS
Practical guidance for entrepreneurs, founded on over thirty-five years of startup experience. We help you better understand and navigate key organizational, operational, and regulatory issues.
SECURITIES & CAPITAL FINANCING
Experienced legal counsel to help you navigate capital financing transactions; preparation of investor disclosure documents; stock and equity offerings, federal SEC and state blue-sky securities law compliance.
Basic and complex contract drafting, review, and negotiation; commercial, real estate, and secured transactions.
Trademark and copyright registration; Internet copyright anti-piracy solutions and brand protection.
Business and legal issues arising in intellectual property and technology development, protection, licensing, transfer, and regulatory compliance.
For over thirty years my passion has been the creation, growth, and success of innovative and disruptive business ventures in emerging ideas, technologies, and services. I've spent my career as a practicing private attorney, as a member of executive management in two successful NASDAQ-traded public companies, and as an entrepreneur in my own right. I have experienced business both as a provider and a consumer of legal services. The result: I am interested in creating solutions, not just identifying problems.
Not long out of law school, I left a large law firm as a young associate to join with a partner and form a business-focused law firm that grew rapidly.
Nine years later I joined one of my clients (a young tech company I had represented from inception when it was three high-school friends working out of a garage) as general counsel and a member of executive management to take it public on NASDAQ. Capitalizing on a unique and timely technology innovation conceived of by one of the founders, almost overnight Megahertz became the worldwide market leader in the development, manufacture, and sale of Internet connectivity products for laptops, and I helped guide the company through rapid growth, market expansion, and the creation of a state-of-the-art manufacturing facility, to its ultimate acquisition by U.S Robotics/3Com.
I then joined a pioneer in VoIP (voice-over-Internet) technology as general counsel and a member of executive management, taking it public and creating a nationwide cloud telecommunications service and transmission network (before "cloud" was a thing) - again, guiding it successfully through rapid growth to acquisition by a larger international industry competitor.
At that point I returned to private law practice, representing businesses and entrepreneurs in the U.S. and abroad, helping them form, capitalize, operate, grow, and plan and execute successful exit strategies. Along the way, I've co-founded two Internet startups, helped bring the Winter Olympics to Salt Lake City, summited the Grand Teton and Mount Rainier, and finished the Wasatch Front 100 Mile Endurance Run. Adventure. Adaptation. Endurance. This is the spirit in which I undertake advising and serving my clients.
As a business law attorney, I've been entrusted to counsel hundreds of individuals and companies of all sizes and industries because of my reputation for experience, diligence, and creative solutions. Let me help you pursue your dream and make it a reality.
BACKGROUND & EXPERIENCE
DAVID ECCLES HARDY
Over thirty years experience, both in private law practice and corporate executive management as SVP/General Counsel of two industry-leading NASDAQ-traded public technology companies from inception and going-public through rapid growth and acquisition (one by a Fortune 500 company).
Awarded Martindale Hubbell's AV Preeminent rating, highest peer rating in both legal ability & ethical standards awarded by the leading national and international information services company for the legal profession.
Former Chairman (appointment by the Governor of the State of Utah) of the Utah Securities Advisory Board, authorized under the Utah Uniform Securities Act to advise and provide oversight to the Securities Division of the Utah Department of Commerce.
Co-founder of two startups: Lifescape.com, an innovative Internet web/mobile content, media, and information platform for individual users, brands, and organizations, and DMCA Solutions, an Internet-based digital rights enforcement and copyright anti-piracy solutions provider.
While leading DMCA Solutions in Boston I developed the copyright-based strategy and served as the principal advisor for the LA-based legal team representing actress Cindy Lee Garcia in the landmark U.S. 9th Circuit copyright case Garcia v. Google, arising from the viral propagation of the inflammatory anti-muslim film Innocence of Muslims on YouTube in September 2012 that incited riots worldwide. The case, that resulted in Google/YouTube being forced to take down over 1,000 copies of the film, was based on the fraudulent procurement of the actor's performance and its post-filming adulteration by the producer/director:
Served as the principal liaison for the Salt Lake Olympic Bid Committee to the french-speaking members of the International Olympic Committee, traveling extensively to meet and work with them and their countries' National Olympic Committees in their home cities throughout western and eastern Europe, the Middle East, and Africa to create and strengthen relationships, educate, lobby, and advance Salt Lake City's ultimately successful bid for the XIX Olympic Winter Games (2002). Represented Salt Lake City at IOC Meetings in Barcelona, Tokyo, Nairobi, Lausanne, Paris, and Birmingham.
The University of Utah School of Law, JD
The University of Utah, BA
The Sidwell Friends School, Washington D.C.
Tel: (435) 513-6730
TESTIMONIALS & AWARDS
"I had the privilege of working with David over an extended period in a technology company I co-founded and co-managed. He was our legal advisor and counsel over twelve years through all our stages: creation, finding our way, going public, significant growth, and ultimate acquisition by a Fortune 500 company. His solid counsel and, when most needed, outside-the-box thinking, were invaluable."
David Spafford, Co-Founder Megahertz Corp.,
Salt Lake City, Utah
"I have represented 'public figures' in Hollywood for more than thirty years. During the course of my public relations work, I have also met and worked with their attorneys... some of whom have become 'stars' in their own right. But I have never encountered anyone quite like David Hardy. What he brings to the table is a magnificent blend of legal acumen with a highly perceptive and compassionate understanding of his client's needs. He has worked on my behalf and I found the experience unique and gratifying. With David, the client feels the matter being addressed is not just another 'case'. These days, that is a rare experience. I would recommend David in a heartbeat."
Elliot Mintz, Media Consultant
Beverly Hills, California
(clients include or have included, among many others, John Lennon & the Estate of John Lennon, Yoko Ono, Crosby Stills Nash & Young, Stephen Stills, Paris Hilton)
"David is one of the most talented business attorneys I know. Having a broad and deep working knowledge of business law, he quickly drills down to the main relevant points, both from a legal and ethical perspective. He’s excellent at scenario analysis and finding practical and innovative solutions. For over ten years, he has been one of the first people I consult on any business endeavor."
Derral Fralish, CEO Paramount Capital Inc.,
"A good friend recommended David for startup help – business structure, trademark, equity ownership, etc. , saying ' You’ll be in good hands with David.' He could not have been more right. David has years of corporate and startup experience, and his responsiveness, advice, and deliverables on a variety of issues have been invaluable. A trusted professional resource. Highly recommend him."
Dave Mittereder, Founder and CEO Tourtle Inc.,
Buck Hill Falls, Pennsylvania
Acquisition of Megahertz Corporation (public) by U.S. Robotics/3Com (public)
Acquisition of I-Link, Inc. (public) by Counsel Corporation
Acquisition of Thermal Systems, Inc. (public) by Bridgestone Tire & Rubber Co. (public)
Acquisition of Netoria, Inc., by Novell, Inc. (public)
Acquisition of Disc Publishing, Inc., by SkyMall, Inc. (public)
Acquisition of Unibase Technologies, Inc. by Affiliated Computer Services, Inc. (public)
Acquisition of Hema USA, Inc., by Sidel Groupe, SA (public/France)
Acquisition of Wicat Systems, Inc., by Jostens, Inc. (public)
Acquisition of Equitech, Inc., by Jetway Systems, Inc. (public)
Acquisition of Utah Bank & Trust Company by First Security Corporation (public)
HARDY VENTURE LAW
David E. Hardy
50 W Broadway, Suite 300
Salt Lake City, IT 84101
Experience , Diligence, Creative Solutions.
Get in touch today to learn how I can help you.
Copyright 2020 David E. Hardy