William W. Eigner’s practice emphasizes venture capital, angel financing, seed capital, and the financing, governing, operating, buying, selling and merging (M&A) of growing technology and other businesses. His practice further encompasses corporate and business transactions, including matters relating to telecommunications, electronic commerce, energy, clean technology, life sciences, corporate governance, franchising, employment and independent contractor issues, intellectual property protection, competitive business practices, securities, and business structuring and financing. Mr. Eigner also has significant experience in handling M&A, contractual and political issues involving telecommunications companies and independent power producers.
In 1981, Mr. Eigner served as a United States Supreme Court Judicial Intern. Mr. Eigner, a Stanford alumnus, frequently spends time in our Silicon Valley office, which aids in our ability to assist our clients in raising venture and angel capital.
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, 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.
- 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.
- 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.
Mergers & Acquisitions
Intellectual Property & Competitive Business Practices
- Represented a precision components manufacturing company in its sale to a larger 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.
- Advised a biotech company regarding its NDA.
- 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.
- 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.
Mr. Eigner has published a number of articles, as well as given a number of presentations on boards of advisors, the California Transparency in Supply Chains Act of 2010 and other business topics involving SV Forum, Tech Coast Angels, CONNECT, San Diego Software Industries Council, and other organizations.
Recent News Coverage
- “Best of the Bar,” San Diego Business Journal, June 30, 2014.
- “2014 Top Lawyers,” San Diego Magazine, March 2014.
- Lee, Morrison. “Eigner saluted as a top attorney,” TimesReporter.com, August 14, 2013.
- “The Daily Transcript congratulates Top Attorneys 2013,” The Daily Transcript, July 31, 2013.
- “2013 Top Lawyers,” San Diego Magazine, March 2013.
- Lund, Carlton. “Chairman’s Kudos,” Carlsbad Business Journal, August 1, 2012.
- “Three from Procopio Named ‘Top Attorneys’ by The Daily Transcript,” Procopio Press Release, July 26, 2012.
- “The Daily Transcript congratulates Top Attorneys 2012,” The Daily Transcript, July 25, 2012.
- Galland, Julie. “Cold Temperatures May Be Tool To Freeze Disease in Its Tracks,” San Diego Business Journal, July 2, 2012.
- “Procopio is Proud to Announce that Client, Energy Inspectors, Won ENERGY STAR Partner Award for 6th Year in a Row,” Procopio Press Release, April 6, 2012.
- "Makucell™ Appoints Business and Technology Expert William Eigner to its Board of Advisors," PR Newswire Association LLC, March 26, 2012.
- "Makucell™ Appoints Business and Technology Expert William Eigner to its Board of Advisors," American City Business Journals, March 26, 2012.
- Lund, Carlton. "Chairman's Kudos: Kudos to award winners of all ages," Carlsbad Business Journal, March 1, 2012.
- "Procopio Further Expands with Addition of Silicon Valley Office," Procopio Press Release, February 21, 2012.
- “Procopio’s William W. Eigner Named 2012 San Diego Metro Mover by San Diego Metropolitan Magazine,” Procopio Press Release, February 8, 2012.
- "Introducing SD Metro Movers to Watch in 2012," San Diego Metro Magazine, January/February 2012.
- “Three from Procopio Named ‘Top Attorney 2011' by the Daily Transcript,” Procopio Press Release, July 20, 2011.
- "Video - Top Attorneys 2010: William Eigner," The Daily Transcript, August 11, 2010.
- Fikes, Bradley J., “Venture investment dives in San Diego County,” North County Times, October 27, 2010.
- “William Eigner Appointed to the Board of Directors for the San Diego Venture Group,” Procopio Press Release, December 11, 2009.
- “Professional Profile: William W. Eigner,” SD Regional Chamber of Commerce Business Action, Winter 2009.
- “Five From Procopio Named ‘Top Attorneys’ by The Daily Transcript,” Procopio Press Release, July 7, 2009.
- "Ten Questions: Lawyer serves the community," La Jolla Light, April 16, 2009.
- “William W. Eigner Named a 'Top Attorney’ by The Daily Transcript,” Procopio Press Release, July 16, 2008.
- Co-author, “Five Rules of Thumb for Issuing Stock Options to Directors and Advisors of Emerging Growth Companies,” California Business Practice, October 2013.
- Co-author. “Five Rules of Thumb for Issuing Stock Options to Directors and Advisors of Emerging Growth Companies,” May 31, 2012
- Co-author. “Why Your Business Will Need to Comply with California’s Transparency in Supply Chains Act,” The Daily Transcript, February 14, 2012.
- “Board of Advisors: Key Tool for Successful Companies,” The Daily Transcript.
- “Lobbying Guidelines," distributed to the San Diego City Council and other San Diego boards and commissions by San Diego City Attorneys
- Co-author. "Lobbying Guidelines and Rules for Ex Parte Contact," California Real Property Journal.
- Co-author “Committees of the Board of Directors: An Overview," International Forum for Corporate Directors.
- “Capitalization of the Venture,” 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.
- “Getting Good Results from a Board of Directors and Board of Advisors,” SDG&E/SDSU/EMC Program, San Diego, CA, November 10, 2012.
- “Getting What You Need From a Board of Directors and Board of Advisors,” CFO Roundtable, San Diego, CA, October 17, 2012.
- “Selected Issues for Tech Coast Angels Investors/Directors/Advisors,” Tech Coast Angels, San Diego, CA, September 20, 2012.
- “Getting What You Need From a Board of Directors and Advisors” Procopio and SV Forum, Palo Alto, CA, June 13, 2012.
- “Getting What You Need from Boards of Directors and Advisors,” CONNECT Frameworks Workshops, San Diego, CA, April 5, 2012.