Attorneys


Professional Summary

William W. Eigner counsels clients in the areas of venture capital, angel financing, seed capital and financing, governing, operating, buying, selling and merging (M&A) of growing technology and other businesses. Bill’s practice focuses on corporate and business transactions, including matters relating to software, telecommunications, ecommerce, cybersecurity, energy, clean technology, life sciences, corporate governance, franchising, employment and independent contractor issues. He also has extensive experience in intellectual property protection, competitive business practices, securities and business structuring and financing, as well as mergers and acquisitions, contractual and political issues involving telecommunications and independent power producers.

Representative Matters

Venture Capital, Angel Capital & Securities

  • Represented a venture capital fund in funding a telecommunications company.
  • Represented the founders of a telecom company in a private sale of stock to venture funds.
  • Represented a wireless health company in raising convertible debt from angel investors.
  • Assisted a venture capital fund in cashing out its investments in several biotech companies.
  • Drafted/reviewed stock purchase agreements, restated certificates of incorporation, registration rights agreements, co-sale agreements and other venture capital documents for numerous venture capital financings for biotech, adtech, telecom and other companies.
  • Represented a venture capital company investing in an emerging telecom company.
  • Represented the lender in a convertible debt and warrants transaction with a diagnostics company.
  • Represented a wireless Internet service company in raising angel and venture capital.
  • Assisted a working group conducting an IPO for a telecom services company.
  • Represented two Series B venture capital investors during the Series C round of financing for a fabless semiconductor company focused on the imaging market for mobile communications devices.
  • Represented a medical software company in raising venture capital.
  • Represented a cosmeceutical company in raising seed capital and embarking on its Series A round.

Mergers & Acquisitions

  • Represented a high technology company in its sale to a well-known Silicon Valley company.
  • Represented an Internet retailing company in an electronic commerce joint venture.
  • Represented the buyer in the merger/acquisition of a wireless engineering company.
  • Represented the seller in the sale of a metallurgical services company to a subsidiary of a large British corporation.
  • Represented the seller in the sale of an electrical contracting company.
  • Represented the seller in the sale of an engineering company.
  • Represented the seller in the sale of a regulatory compliance company to a NYSE-traded public company.

Corporate Governance

  • Structured the formation of an energy services company.
  • Drafted a buy-sell agreement for an electrical contractor.
  • Represented the majority shareholders of a retailer in forcing the buy-out of a minority shareholder.
  • Counseled a corporate general partner regarding the corporate opportunity doctrine and its duties to limited partners.
  • Counseled a corporation regarding director conflict-of-interest issues.
  • Advised a venture capitalist regarding potential liabilities as a director and advisor.
  • Assisted a telecom company in recruiting a Board of Advisors.
  • Advised a limited partnership and its corporate general partner how to address allegations of a director's conflict of interest.
  • Assisted a medical software company in negotiating the departure of disgruntled founder and ex-officers.

Contract Negotiations

  • Represented an independent power producer in negotiating various contracts.
  • Represented a telecommunications services company in negotiating Master Service Agreements involving site acquisition, engineering, and other services.
  • Represented an integrated circuit design company in drafting its Master Services Agreement.
  • Represented a Japanese-owned maquiladora in a contract dispute with a Mexican independent contractor.
  • Advised a franchisor in negotiations with disgruntled franchisees.
  • Assisted a franchisee in rescinding a franchise agreement.
  • Advised a number of ex-CEOs of life sciences and telecom companies in negotiating severance packages.
  • Structured agreements for a broadband fixed wireless carrier.

Intellectual Property & Competitive Business Practices

  • Advised a biotech company regarding its NDA.
  • Advised a consumer product company on what it it could safely say on its website about its competitors.
  • Advised a software company concerning protection of its intellectual property upon the departure of a key employee.
  • Advised a departing CEO on how to compete properly with his former company.
  • Advised distributors in a dispute with their supplier.
  • Advised a venture capital company regarding trademark issues.
  • Assisted a catering company in a brand licensing transaction and joint venture.
  • Counseled a company whose newly hired VP-sales had expropriated his previous employer's client list.

Government Relations

  • Represented an independent power producer in forcing a major investor-owned utility to buy out its power purchase agreement.
  • Assisted a wireless service company with municipal land use authorities and other government officials to facilitate the build-out and deployment of a wireless Internet network.
  • Lobbied government and labor officials to assist a co-generation venture.
  • Assisted a telecom services company in contracting with governmental entities.

Recognitions

  • Martindale-Hubbell® AV Preeminent Rating
  • "Top Lawyers," San Diego Magazine, 2013-2016
  • "San Diego's Best Attorneys," San Diego Metropolitan Magazine, 2016
  • San Diego Business Journal "Best of the Bar," 2014-2016
  • San Diego Metropolitan Magazine Movers to Watch, 2008, 2010, 2014 (the go-to guy for emerging companies)
  • The Daily Transcript Top Attorneys, 2008-2013, 2015 (Corporate Transactional)
  • San Diego Regional Chamber of Commerce Volunteer Advocate of the Year, 2004

Community

  • Aquai Technologies – Board of Advisors
  • Bishop's School – Past Member, Headmaster's Advisory Council
  • ClearWaveAir International, Inc. – Board of Advisors
  • CyberHive/CyberTECH - Former Director, Current Advisor
  • Encore Semi, Inc. - Board of Advisors
  • eSUB, Inc. – Board of Advisors
  • EvoNexus – Director
  • FHOOSH, Inc. - Board of Directors
  • Greenbutts LLC - Board of Advisors
  • La Jolla Country Day School – Former Trustee
  • La Jolla Town Council – Former Trustee, Land Use Chairman
  • Mundoval Fund (publicly traded mutual fund MUNDX) – Past Board Member
  • NewBlue, Inc. – Board of Advisors
  • Once Labs, Inc. - Board of Advisors
  • Phluido, Inc. - Board of Advisors
  • San Diego Police Foundation – Trustee Emeritas
  • San Diego Regional Chamber of Commerce – Member of Public Policy Committee, Past Director
  • San Diego Venture Group – Director, Corporate Secretary

Education

  • JD, University of Virginia School of Law
  • BA, Stanford University, 1981

News Coverage

Seminars

  • “Getting Good Results from a Board of Directors and Board of Advisors,” National Science Foundation I-Corps Program Phase II Spring 2015, UCSD, San Diego, CA, May 5, 2015.
  • “Getting Good Results from a Board of Directors and Board of Advisors,” National Science Foundation I-Corps Program Phase II Winter 2015, UCSD, San Diego, CA, February 10, 2015.
  • Setting your Emerging Company up for Success with Bill Eigner,” Leadership Point Radio, San Diego, CA October 27, 2014.
  • “Capitalization of the Venture,” BIO: The Tenth Annual Biotechnology Entrepreneurship Boot Camp, San Diego, CA, June 23, 2014.
  • “The   Good,   Bad   and   Ugly   of Typical   Types   of  Term  Sheets   for   Early   Stage   Companies,”   BIO International Convention:  Entrepreneurship  Boot Camp, San Diego, CA, June 23, 2014. 
  • “Getting Good Results From a Board of Directors and Board of Advisors,” CONNECT FrameWorks Workshop, La Jolla, CA, April 17, 2014.
  • “Getting Good Results from a Board of Directors and Board of Advisors,” SDG&E/SDSU Presentation, San Diego, CA, October 25, 2013.
  • “Getting Good Results from a Board of Directors and Board of Advisors,” CONNECT FrameWorks Workshop, San Diego, CA, April 4, 2013.

Publications