Marla A. Hoehn
Partner
marla.hoehn@pillsburylaw.com
Ms. Hoehn advises and represents clients with respect to a variety of technology licensing and related commercial transactions, with particular emphasis on the intellectual property aspects of these transactions.
Representative transactions include software license agreements, patent and other technology license agreements, outsourcing services agreements, development agreements, OEM/distributor/reseller agreements, consulting and technical services agreements, joint venture/strategic partner agreements, technology transfer agreements, asset purchase agreements, manufacturing and supply agreements, and e-commerce and Internet transactions (including web-based hosting and application service provider arrangements, web site development, content licenses, privacy policies and web site terms of use). She also counsels technology clients on intellectual property issues, including ownership of intellectual property rights and trade secret and copyright issues, open source, as well as privacy and data protection matters and other Internet and e-commerce issues.
Ms. Hoehn's clients are companies whose products and services include hardware (such as integrated circuits, handheld computing devices and portable digital audio players), software (such as voice messaging software, voice-enabling software for web sites and reconfigurable processor technology) and technology-related and web-based services (such as email outsourcing services, online customer communication solutions and web-based personal broadcasting services). While her practice has emphasized the representation of emerging growth technology companies, she also represents large institutional clients of the firm in connection with various technology licensing transactions and other technology-related commercial transactions.
Ms. Hoehn is co-leader of the firm’s Technology Transactions & Licensing Practice team, and heads the technology licensing group in the firm's Silicon Valley office. For the 2005-2006 term, she is a co-chair of the Cyberspace Law Committee, which is a Standing Committee of the Business Law Section of the State Bar of California. She was a vice chair of this Committee during 2004-2005.
Education
J.D., University of Minnesota Law School, 1992 cum laude
B.A./B.S., Mankato State University, 1988 summa cum laude
Law clerk to Judge Marianne D. Short and Judge Fred C. Norton at the Minnesota Court of Appeals, 1993
Admissions
State of California
Affiliations
American Bar Association, Minnesota State Bar Association, Santa Clara County Bar Association, American Intellectual Property Law Association, Computer Law Association and State Bar of California
Recent Presentations
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Presenter, "What You Need to Know about CAN-SPAM," co-sponsored by Santa Clara County Bar Association and Cyberspace Law Committee of the Business Law Section of the State Bar of California, June 8, 2004 (Palo Alto, California)
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Co-Chair, Practising Law Institute, Drafting Corporate Agreements 2002-2003, January 29, 2003 (San Francisco, California)
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Presenter, Letters of Intent, Confidentiality and Standstill Agreements, at Practising Law Institute, Drafting Corporate Agreements 2002-2003, January 29, 2003 (San Francisco, California)
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Presenter, E-Commerce Licensing, at Practising Law Institute's Eighth Annual Institute for Intellectual Property Law, November 15, 2002 (San Francisco, California)
Firm Publications
FTC Clarifies What is Spam under the Federal CAN-SPAM Act, 29-Mar-2005
Update on Anti-Spam Legislation, 26-Jan-2004
Overview of Current Anti-Spam Regulations, 13-Nov-2003
Bulletin 03-11, Interactive Website Sales Sufficient To Establish General Jurisdiction, 12-Nov-2003
Bulletin 03-09, California Supreme Court Finds Trade Secret Protection May Outweigh Free Speech Claims, 12-Sep-2003
BULLETIN 03-06, New California Statute Addresses Identity Theft Concerns, 02-Jul-2003
Bulletin 02-16, District Court Strikes Down Children's Internet Protection Act, July 8, 2002
Bulletin 02-10, Challenge To Children's Internet Protection Act Puts Web Filtering On Trial, April 4, 2002
Bulletin 02-09, Supreme Court to Hear Challenge to Copyright Term Extension Act of 1998, March 29, 2002
Bulletin 02-04, Digital Millennium Copyright Act Survives Challenge, 24-Jan-2002
Bulletin 01-31, The First Amendment v. Trade Secret Protection: Score One For Free Speech, 04-Dec-2001
External Publications
Website User Agreements: Electronic Contracting Issues and Tips for Drafting, Continuing Education of the Bar (CEB), co-author, California Business Law Practitioner, Winter 2003
The Digital Millennium Copyright Act Survives Its First Constitutional Challenge: DeCSS Controversy and Related Developments, co-author, E-Commerce Law, Vol. 2, No. 7, June/July 2002
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