DONAHUE FITZGERALD - Key Persons
Adam G. Engelskirchen is a partner in Donahue Fitzgerald's Real Estate group. His practice is focused on the full- range representation of investors, lenders, businesses, public agencies and individuals in transactions and disputes involving real property, as well as general business law matters.
Job Titles:
- Senior Counsel
- Senior Counsel and a Member
Amer Lakhani is a Senior Counsel and a member of the firm's Real Estate Practice Group. Amer currently focuses on commercial real estate, including leases, purchase and sale agreements, and related due diligence matters. As a member of the Real Estate Practice Group, Amer handles all phases of commercial real estate transactions, from the initial negotiations, to due diligence, to closing. Amer has experience representing a wide variety of parties in real estate transactions, including investors, retailers, restaurants, and technology companies.
Amer also has significant experience advising clients on tax consequences of real estate transactions.
Amer is also a certified public accountant (inactive license).
Job Titles:
- Partner
- Employment Partner
Andrew Shalauta is a partner with over 15 years of experience in practicing employment law and specializes in labor and employment litigation, and advice and counsel, for private employers, public entities, and educational institutions. Andrew focuses his practice on providing legal counsel relating to compliance with state and federal laws concerning employment, advising on company policies to reduce the risk of litigation, providing solutions for best employment practices in the workplace, and representing employers in all aspects of employment litigation.
Andrew S. MacKay focuses his practice on Intellectual Property enforcement and complex commercial litigation. He has extensive experience representing clients at all stages of litigation, including at trials, appeals, arbitration, and mediation. He serves as the firm's Managing Partner, is the past Co-Chair of the firm's Litigation Practice Group, and is a core member of the firm's Intellectual Property Practice.
He is a leader the firm's IP Enforcement Practice in fields such as:
Music (such as the internationally renowned "Happy Birthday To You" class action lawsuit, which recovered $14 million in licensing fees and placed the world's most famous song in the public domain, and the prominent Wixen Music Publishing, Inc. Spotify lawsuit on behalf of one of the largest independent music publishing administrators representing over 500 world renowned musical acts, including numerous members of the Rock & Roll Hall of Fame);
Television and movies (including representing the largest Chinese content producer of online content including television shows and movies);
Software (including Autodesk, Inc., Adobe Inc., the SIIA, and BSA) and videogames (including Maximum Games, one of the fastest growing woman-owned videogame companies);
Technology products (such as Dyson, with its revolutionary products such as bladeless fans and hair dryers); and
Food Products (such as Néstle Dryer's Ice Cream Co., including the Dryer's, Hӓagen Dazs, and Drumstick).
He is also a leader in the firm's Complex Litigation and Commercial Litigation Groups, representing clients in cases with complicated claims involving corporate issues, such as mergers and acquisitions and shareholder disputes, antitrust, and class actions. These cases involve fields such as:
Consumer products (including successful representation of Fortune 500 global manufacturer and marketer of consumer and professional products in breach of warranty claims from major acquisition of vitamin manufacturer);
Public works contracting and engineering (representing one of the largest woman-owned Bay Area public works contractor, engineering firm & supply shop);
Aftermarket auto glass (representing one of the largest independent wholesalers of aftermarket auto glass); and
Clothing (representing Fortune 500 national off-price department store retailer).
Anna Bernstein is an associate with a focus on real estate, construction, and employment. As a member of the Real Estate and Construction Practice group, Anna assists clients in both litigation and transactional matters. While she assists in all stages of residential and commercial real estate litigation, she also drafts and reviews commercial contracts, transactions and leases.
While attending law school, Anna was on the executive board of the University of California College of the Law, San Francisco's Business Law Journal and the Women's Law Society. While on the board, she matched hundreds of current law students with University of California College of the Law, San Francisco's alumni for the alumni mentorship program, and assisted in planning several networking events throughout the year. She also worked at the San Francisco District Attorney's Office handling domestic violence cases and research.
Job Titles:
- Associate
- Intellectual Property Associate
Arun Bose is an intellectual property associate with a focus on trademark, copyright, domain names, and business transactions. He assists clients in obtaining trademark and copyright registrations, and enforcing their intellectual property rights. Arun has experience in matters such as:
Trademark prosecution, enforcement, and defense
Trademark trial and appeal board (TTAB) proceedings
Trademark and copyright litigation
Copyright prosecution, enforcement, and defense
Domain name enforcement (cybersquatting)
Prosecuting Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings
License agreements
Contract review
Prior to becoming an attorney, Arun had several years of experience as a paralegal with a focus on trademark and copyrights.
Barbara L. Friedman is an attorney in the Intellectual Property Practice Group. With over 25 years of experience in dispute resolution and intellectual property counseling, Barbara's experience covers:
domestic and international trademark selection, clearance, registration, and enforcement;
Domain Name Dispute Resolution (UDRP);
copyright registrations and enforcement;
negotiating and drafting assignments, licenses, and related agreements; and
the prosecution, defense, and settlement of disputes.
Barbara graduated from the University of California, Berkeley with honors, and received her JD, magna cum laude, from the Benjamin N. Cardozo School of Law in New York. She is the former chair of the State Bar of California's Intellectual Property Section (2008 - 2009) and prior to that served as the chair of its Copyright sub-committee for five years. She currently edits the Intellectual Property Section's bi-weekly electronic newsletter Inevitable Disclosures.
Bruce S. Eads focuses on commercial litigation, commercial collection, and enforcement of rights in copyrights, trademarks, and licensing agreements. Bruce's clients include software and technology companies, retailers, and other diverse businesses. He has handled cases for some of the firm's major clients, including Autodesk, Inc., Software & Information Industry Association, Sitecore USA, Inc., and Dyson Technology Limited.
Bruce has worked on a variety of software copyright enforcement cases, negotiating the recovery of tens of millions of dollars on behalf of the firm's clients, including Autodesk, Inc. and the Software & Information Industry Association. He also actively engages in protecting the trademark rights of clients such as Autodesk, Inc.
Prior to law school, Bruce worked as a manufacturer's sales representative for some of the premier manufacturers in the sporting goods, retail, and outdoor products industries. He has been actively engaged in community-based volunteer activities including conducting monthly debtor-assistance clinics through the East Bay Community Law Center to counsel indigent Alameda County residents.
Daniel is a well-respected California estate-planning attorney who specializes in helping families plan for their future and protect their assets. He has over 20 years of experience in the field and has a deep understanding of the complexities of estate planning. He is highly skilled in navigating the ever-changing landscape of tax laws to maximize the benefits for his clients, and experienced in litigating disputed trust and estate matters.
A good lawyer is like a good bass player - working hard in the background so those in the spotlight can shine. Daniel Schacht helps creative people succeed by guiding their business and protecting their rights. His past and current clients include world-renowned musicians and companies in the music and technology space, including numerous members of the Rock & Roll Hall of Fame, hip hop legends, China's largest online content distributor, and the number one app. In addition to his licensing and business practice, Daniel's copyright and trademark litigation experience includes serving as co-counsel in the successful "Happy Birthday" lawsuit, described by The New York Times as "a lawsuit for the ages," that put the world's most popular song in the public domain, and as lead counsel in the prominent Wixen v. Spotify lawsuit.
Daniel heads the firm's Music and Entertainment practice and co-chairs the Intellectual Property Practice Group. He also regularly teaches Music Law at his alma mater, U.C. Berkeley School of Law, provides California Lawyers for the Arts with pro bono services and seminars on the law and business of music, served on the boards of Oakland Art Murmur and the Great Wall of Oakland, and serves as pro bono counsel to two of Oakland's Community Benefit Districts. During law school, Daniel served as president of both the Sports and Entertainment Law Society and Parents at Boalt, and was a member of the Berkeley Technology Law Journal. Before law school, he was a bassist for dozens of bands you've never heard of.
Pronouns: he/him/his
David A. Stein's practice emphasizes litigation in the areas of construction, real estate and general business disputes. Before joining the firm, Mr. Stein was a founding partner of Stein, Rudser, Cohen & Magid LLP. Previously he practiced with major civil litigation firms in Oakland and San Francisco, California. He has had full responsibility over cases with claims exceeding one million dollars. Representative clients include property owners, architects, engineers, public entities, general contractors, and sub-contractors.
Mr. Stein taught Legal Aspects of Construction at Diablo Valley College. Previously, he was a panelist for Lorman Educational Services program entitled "Tricks, Traps And Ploys Used In Construction Scheduling." He also served as a panelist for the Continuing Education of the Bar program: "Construction Law - Contracts and Disputes," and co-authored the article "Construction Claims From the Architect/Engineer Viewpoint." David lectured for Golden Gate University Center for Professional Development on construction contracts and claims in residential real estate development. He was a consultant to the Continuing Education of the Bar in developing a "Mentor Access Pack" for handling mechanic's lien claims.
During law school, David was a participant on the UC Law SF's International and Comparative Law Review and a teaching assistant in contract and real property law. After graduation, David served as a law clerk for the Superior Court of the Commonwealth of Massachusetts.
David provides private mediation services.
David D. Little is a partner at Donahue Fitzgerald with over 20 years' experience practicing law and is a Certified Specialist in Probate, Estate Planning & Trust Law from the California Board of Legal Specialization, State Bar of California. David has represented individuals, corporate and private professional fiduciaries administrating trusts and estates with assets including commercial real property, family limited partnerships, oil, gas, and mineral interests, and corporate entities ranging in size from $1 million to over $100 million. David also has extensive experience in trust and estates litigation representing trustees and beneficiaries in matters including trust termination, trust contests, asset recovery, and breach of fiduciary duty actions, up through trial. In addition to representing fiduciaries, David has prepared estate plans for clients with assets ranging from $5 million to over $75 million.
David is a Fellow of the American College of Trust and Estate Counsel (ACTEC). He has published extensively and has presented throughout California on trust and estate administration and litigation topics, and estate planning. He is a Past President of East Bay Trusts and Estates Lawyers and the East Bay Estate Planning Council. David previously served as a commissioner on California Bar Association Board of Legal Specialization's Estate Planning Law Commission.
David M. Jolley is a seasoned trial lawyer with over 25 years of experience. His practice focuses on complex commercial, consumer, products liability, and financial services litigation, with an emphasis on defending against claims brought under California's Unfair Competition Law ("Section 17200") and Consumer Legal Remedies Act ("CLRA").
Over the past several years, David has represented a wide range of clients, including large financial institutions, food and drug companies, corporate officers, high technology companies, and major sports leagues. He has litigated claims of consumer fraud, unfair competition, false advertising, breach of contract, deceptive packaging, products liability, misappropriation of trade secrets, and antitrust violations, among others.
Dawn Newton is a business attorney whose practice focuses on franchise law, intellectual property, and data privacy. She is certified as a legal specialist in franchise and distribution law by the Board of Legal Specialization of the State Bar of California.
As a franchise law expert, Dawn represents a broad spectrum of franchised businesses, particularly restaurants and retail concepts, and she serves as outside general counsel for several. Many of her clients' concepts are targeted to children, including tutoring, daycare, and supplemental education. Her experience includes:
Managing the regulatory and compliance work of mature and expanding franchise systems
Structuring new franchise systems for start-up franchisors, including drafting Franchise Disclosure Documents (FDDs), franchise agreements, area development agreements, and managing registrations and exemptions.
Assisting businesses with resolving complex franchise law violation situations
For businesses or attorneys subject to a California DBO requirement to obtain remedial franchise compliance training, she offers a comprehensive full-day training which meets DBO standards.
In addition to her franchise practice, Dawn helps clients safeguard and preserve their intellectual property, such as:
Trademark and copyright prosecution and licensing
Creating and registering new marks and expanding marks internationally
Developing strategies to protect and enhance intellectual property
Policing and responding to allegations of infringement
Advising on issues raised by new forms of media
Dawn also advises clients regarding data privacy issues, including compliance with various privacy and security laws including CCPA, GDPR, COPPA, CalOPPA, CAN-SPAM, and more. Her experience includes responding to data breaches, creating compliance plans, and vendor management.
Denae's practice emphasizes real estate and business transactions and effective and efficient resolutions of litigation matters. Having tried over fifty cases to verdict uniquely equips her in drafting agreements so that they are self-executing to avoid disputes in the future. If a dispute cannot be resolved, Denae is adept in the courtroom.
Denae represents clients in the financing, acquisition, leasing, and disposition of real estate assets. She also assists clients in the formation, structuring and dissolution of business entities. She acts as outside general counsel for several small businesses as well.
Her trial experience assists her in counseling clients in litigation matters where she focuses on the client's goals to provide clear and concise counsel to her clients along with advising the potential cost and consequences of certain decisions. Whether negotiating and drafting real estate agreements business contracts, or handling a litigation case, Denae evaluates the client's goals to provide the most efficient options.
Outside the office, Diea is an avid traveler and even spent time studying law at Monash University in Melbourne, Australia and the University of Canterbury in Christchurch, New Zealand. She has volunteered as the mock trial coach for the local high school and enjoys being an active member in her community.
Douglas Crosby is a partner in Donahue Fitzgerald, where he specializes in commercial real estate transactions and counseling business entities.
Doug is an accomplished real estate lawyer and has practiced with the firm since 1988. He is active in youth soccer in Concord, coaching since 2003 in a league for children with special needs.
Job Titles:
- Senior Counsel
- Member of the Firm
Emily Yip is a member of the firm's Trusts and Estates practice group with practices focusing on Trusts and Estates and Family Law. She serves as a trusted advisor to individuals and families navigating complex legal matters related to estate planning, estate litigation, wealth transfer, tax planning, trust and estate litigation and administration, and family law.
Certified by the State Bar of California as a Specialist in Family Law, Emily handles family law matters including divorce, premarital and post-marital agreements, cohabitation agreements, mediation, and mediation consulting. Prior to joining Donahue Fitzgerald LLP, Emily's practice focused exclusively on family law matters, including high net worth divorce; child and spousal support; complex property division; and pre/postmarital and cohabitation agreements. With her comprehensive knowledge of trust and estates law and family law, combined with her ability to navigate difficult circumstances with sensitivity and discretion, Emily is dedicated to providing her clients with practical solutions they need during challenging circumstances.
Emily has dedicated hours to pro bono work including family law, immigration, and conservatorship matters. She has served as a volunteer attorney as a Family Law Volunteer of the Day in San Francisco and Alameda Superior Courts, Asian Pacific Islander Legal Outreach, the Alameda County Bar Association's Day of Court program, the Bar Association of San Francisco, and various citizenship clinics throughout the Bay Area. Emily has also served as a guest lecturer on family law at San Mateo Community College.
Job Titles:
- of Counsel
- Counsel, and Formerly Head
George J. Barron is of counsel, and formerly head of the firm's labor and employment practice. George has four decades of litigation experience in employment and labor law representing management and employees in disputes involving class actions, wage hour issues, wrongful termination, discrimination, sexual harassment, Americans with Disabilities Act (ADA), and unions and employer/employee relations. He has significant experience with claims of defamation, false arrest, malicious prosecution and interference torts. He represents clients ranging from small businesses through large, international companies. In addition to litigating, he also advises employers on employment policies and regulations, as well as arbitrating and mediating employment and attorneys' fees disputes. George is particularly skilled at developing strategies that best represent his clients' interest while achieving quick resolution of disputes.
Hayley M. Lenahan is an associate with a focus on litigation. She has experience litigating corporate and complex commercial disputes, as well as trust and estates matters. As a member of the Litigation Practice Group, she assists clients in all aspects of litigation, including pre-litigation investigation and resolution, discovery, motion practice, mediation, and trial preparation.
Prior to joining the firm, Hayley was an attorney at a litigation boutique in Delaware where she regularly appeared in Delaware's state and federal courts, including the prestigious Court of Chancery. Her work there included stockholder derivative actions, M&A litigation, books and records proceedings, corporate control disputes, and various other commercial tort and contract issues. Hayley began her career as a clerk for the Honorable Eric M. Davis of the Superior Court of the State of Delaware, where she worked on sophisticated disputes in the Complex Commercial Litigation Division.
Hayley was awarded the Herman Mitchell Schwartz Award, for contributing to the achievement of equality of opportunity and treatment for women, and the American Academy of Matrimonial Lawyers Eric D. Turner Award for exemplifying the attributes of a family lawyer, upon graduation from law school. While she was in law school, she served as a managing editor of the Villanova Law Review.
She received her B.A. from Wellesley College and her J.D. from Villanova University School of Law. Hayley is admitted to practice law in California, Pennsylvania, New Jersey and Delaware (inactive).
Job Titles:
- Senior Counsel
- Trust and Estate Disputes Focusing on Financial Elder Abuse and the Interpretation of Decedent 's Intent in Their Estate Plan Documents
Heather Matsumoto Hoekstra litigates trust and estate disputes focusing on financial elder abuse and the interpretation of decedent's intent in their estate plan documents.
She guides clients and families through what is often the most challenging time in their lives. Litigation, especially that which occurs within a family, requires a deft approach and a sympathetic ear. With over a decade of experience in this complex and specific area of law, she approaches each client and case with respect, compassion, and creativity so that she can practically resolve inheritance disputes between beneficiaries and heirs.
Experience:
Successfully represented co-settlors in a litigated revocation of a uniquely conflicted and poorly constructed trust instrument, which they executed for their and their three other siblings' benefit after their father's death. The three siblings abused this generosity by removing the clients as trustees, thus requiring the clients to revoke. The merits of the case hinged on the difference between the legal definitions of "termination" and "revocation." After an evidentiary hearing, the superior court found in clients' favor, thus confirming the revocation.
Resolved dispute involving a 19-year-old client's petition for the conservatorship of her incapacitated father in a deeply contentious proceeding during which he was removed from the state to avoid state jurisdiction.
Janet Li devotes her practice to wills and estates litigation and civil litigation. Her broad range of experience, solid writing and analytical skills, and keen attention to detail make her particularly resourceful and effective in reaching amicable settlements or handling contentious litigation. Janet counsels clients ranging from individuals and small business owners to high net worth individuals who own multiple corporations and real estate empires.
She has won multiple dispositive motions in civil litigation cases, including successfully opposing a Motion for Issue, Evidence, and Terminating Sanctions (right after substituting into the case) and a Motion for Summary Judgment against a giant Southern California real estate developer; obtaining a favorable result for a leading car rental company by winning a Motion for Summary Judgment; and vacating a Motion for Summary Judgment in a contract litigation case on an ex parte basis. She has successfully overseen a $600,000 trust litigation matter from complaint through mediated settlement and administered a million-dollar probate estate with multiple beneficiaries, among other lawsuits and settlements.
Janet earned her Bachelor of Arts degree from UC Berkeley and her Juris Doctorate degree from University of California College of the Law, San Francisco where she was awarded Witkin and CALI Excellence Awards in Trial Advocacy. She has had the privilege to serve at California Superior Courts as a staff attorney at Probate Departments, where she performed research and analysis and made recommendations to Judges to assist them with rendering objective and just decisions.
Janet supported research to find a cure for cancer by fundraising and running with Orange County Bar Association's "Raising the Bar" Team at the Susan G. Komen Race for the Cure 5K. As a dedicated runner with a tenacious and winning spirit, she has won top three place medals in her age/gender divisions at 5K races in Northern and Southern California.
Job Titles:
- Partner
- Litigation and Business Partner
- Senior Litigation Associate
Jesse B. McKeithen is a litigation and business partner who represents companies and executives across a wide range of sectors, including software and technology, consumer packaged goods, real estate, hospitality, and music and entertainment. He has experience with antitrust investigations and litigation, post-closing M&A disputes, multi-district class action lawsuits, copyright infringement and trademark matters, and real estate transactions and disputes. Jesse also serves as outside general counsel for various Bay Area companies working with his colleagues to provide comprehensive transactional and litigation expertise and advice.
Prior to joining the firm, Jesse was a member of the Antitrust and Competition Practice Group at Latham & Watkins in San Francisco. While at Latham, Jesse was part of the team that secured dismissal on behalf of Oracle Corporation of a class action lawsuit brought by former employees alleging no-poach agreements in the tech industry. The lawsuit was selected as one of the Top Defense Verdicts in California in 2016 by the Daily Journal.
Jesse received his law degree from the UCLA School of Law and graduated with honors from Princeton University with an A.B. in Public Policy from the Princeton School of Public and International Affairs.
Jessica practices primarily in the areas of real estate, construction, and business litigation, including related appellate work. Her representative clients include property owners, investors, developers, title companies, lenders, mortgage bankers, landlords, tenants, contractors, condominium owners, homeowners associations, real estate brokers and agents, and businesses and their owners. Jessica's prior experience has included litigating, arbitrating, and mediating numerous cases in a wide variety of substantive areas, including real estate, land use, construction, insurance coverage, product liability, and general business litigation.
Jessica is a trained mediator, having received advanced training in Mediation and Conflict Resolution from the University of California, Berkeley, UC Extension. She brings to her practice a particular focus on finding ways to achieve her clients' objectives as quickly and cost-effectively as possible. Jessica is also a seasoned trial attorney, with jury trial, bench trial, and arbitration experience, who will not hesitate to aggressively represent her clients through trial and on appeal.
Job Titles:
- Partner
- Member of the Alameda
John C. Kirke joined Donahue Fitzgerald in 2001. Prior to joining the firm, Mr. Kirke was an associate in the Securities Litigation Group at Brobeck, Phleger & Harrison in San Francisco from 1999 to 2001 and in the Litigation Department at Troop Steuber Pasich Reddick & Tobey in Los Angeles from 1995 to 1999.
Mr. Kirke has extensive experience in representing clients in securities, insurance coverage, real estate and commercial litigation matters. He recently tried a three-week binding arbitration on behalf a public technology company arising from a merger dispute and obtained a verdict awarding his client the entire amount in dispute, and he successfully conducted a one-week trial in a real property lease valuation case. He also defended an issuer in a securities class action, which reached a favorable conclusion shortly before the scheduled trial date, and obtained a dismissal on behalf of another issuer in a securities class action where the issuer had restated its earnings. He has been responsible for obtaining successful results on behalf of clients in mediation and arbitration and on dispositive pretrial motions and appeals in cases involving securities and insurance coverage issues.
Mr. Kirke obtained his law degree from the UCLA School of Law in 1994, where he was in the Moot Court honors program and served as the Managing Editor of the Environmental Law Journal. In 1993, he was a full-time extern for the Honorable William J. Rea in the United States District Court for the Central District of California. In 1990, Mr. Kirke graduated with honors from the University of California at Berkeley with a Bachelor of Arts in History and Political Science.
Mr. Kirke is a member of the Alameda and Contra Costa County Bar Associations. He has served as a Judge Pro Tempore for Alameda Superior Court.
John J. Coppinger has practiced transactional real estate law almost exclusively since his graduation from law school in 1981. His practice involves all aspects of the leasing (from both the landlord and tenant sides), acquisition, disposition, development and financing of office, commercial, industrial, residential and mixed used real property in California and across the United States. Most of his experience involves large, complex multi-party transactions. John has extensive experience in land use and environmental matters. He has significant experience as a counselor in real property disputes, workouts and resolutions. His clients include a number of Fortune 100 companies and private landowners, investors and developers.
John joined Donahue Fitzgerald LLP (then Donahue, Gallagher, Thomas & Woods) as an associate in 1984 and became a partner in 1990. He chairs the firm's real estate practice. Prior to associating with Donahue Gallagher, John was an associate for two years at the Palo Alto firm of Bialson, Bergen & Schwab, where he practiced transactional real estate, corporate and intellectual property law. He has been a member of the State Bar of California since 1981.
John also matriculated in the Graduate School of Business at Santa Clara. During his undergraduate years, he represented Santa Clara at lacrosse and rugby. Prior to college, he attended public schools in Marin County and lives with his wife in the Oakland hills. He currently has a son attending college. Client, professional and personal references are available upon request.
Job Titles:
- Associate
- Associate at Donahue Fitzgerald LLP and a Member
Lynn Ma is an Associate at Donahue Fitzgerald LLP and a member of the firm's Business, Corporate, and Real Estate practice groups. She assists clients in transactional and litigation matters regarding business, corporate, and real estate topics.