|
Brad H. HAMILTON
Practice Group:
Corporate & Securities
Intellectual Property
Banking & Financial
Mining & Natural Resources
International Transactions
Sports & Entertainment
Admitted In:
Colorado
Practice Experience
Brad represents and advises private and public businesses and individuals worldwide. In addition to being an attorney, he has been a Vice-President of Corporate Development, President, CEO and Director for a variety of global companies.
Mergers, Acquisitions & Asset Transactions: Brad's 25 years of business transaction experience encompasses a wide variety of industries, including the acquisition and start-up of a Major League Baseball team and acquisitions and sales of public and private businesses ranging from esoteric high-tech to base metals mining.
Corporate Finance and Corporate Governance: Brad's clients have included global venture capital and investment firms and a wide variety of entrepreneurial ventures. He assists his institutional clients in structuring and protecting their investments, and his business clients in starting-up their ventures, preparing them for initial and later-round financing, and going public. His practice includes capital formation, private and public equity, securities, and debt and derivative instruments, and he has represented companies in private placements and public offerings of securities in the United States, on the Toronto and Vancouver Stock Exchanges, the London Stock Exchange, and with listings on foreign stock exchanges. Brad also helps his clients comply with the latest demands on corporate governance and self-reporting, such as Sarbanes-Oxley and evolving SEC reporting requirements.
Strategic Transactions: Brad also assists his clients in developing strategic growth through drafting and implementation of indirect sales channel programs, strategic alliances, joint ventures, and licensing, co-branding, co-marketing and other strategic transactions, while both protecting and maximizing the value of their intellectual property.
Technology, Intellectual Property & Telecommunications: Brad has extensive expertise representing clients in the streaming media, cyber-center, managed services, collaboration software and telecommunications businesses, and has pursued graduate studies in telecommunications at the University of Denver. His technology practice includes agreements for telecommunications services, Internet content creation, hosting and access, technology and software licensing, e-commerce, broadband and streaming media, cyber-center operations, managed services, ASP and xSP businesses, on-line collaboration, interactive media and B2B services. He assists his clients in identification, realization and protection of their intellectual property, and copyright and trademark matters. He has lectured on the Law of Computer Networks, Digital Rights Management and Terms & Conditions In Technology Agreements. In addition to IP and communications technologies, Brad has also represented clients in the nuclear fuel, nano-technology, chemicals, and chip manufacturing industries, and spent several years as a member of a trade team charged with identifying and commercializing technologies developed by the military industrial complex of the former Soviet Union.
International Transactions & Operations: Brad has lived and worked in Canada, Germany, New Zealand and Spain. He has had extended long-term professional postings in Mongolia, Russia, Scandinavia and the United Kingdom. He has also represented clients in business transactions with governmental and business entities in Australia, China, Hong Kong, Japan, Kazakhstan, Mali, Mexico, South Africa, South Korea, Switzerland, Wales and throughout the Americas, and has represented British, Canadian, German, Russian, Spanish and South Korean clients in the United States. He helps his clients adapt to foreign legal systems and cultures when establishing international operations and joint ventures, and in complying with laws such as the Foreign Corrupt Practices Act, and the UN Convention on the International Sales of Goods. He also assists foreign clients doing business in the United States.
Mining & Natural Resources: Brad has extensive experience representing exploration, mining and oil & gas companies, including the conception and implementation of a hostile take-over of a producing gold mining company in Nevada, where, while acting as President and CEO, he re-organized operations, worked out the company debt obligations, and marketed, negotiated and sold the company for a profit. He has negotiated, drafted and implemented hundreds of agreements for joint ventures, farm-ins, options, exploration, mine development, construction and operations, royalties, production off-take, project financing, derivative instruments, price hedging and other commodity price protection agreements.
Media, Sports, Arts & Entertainment: Brad advises music and recording artists on production, recording, publishing, licensing, management, agency, merchandising, distribution and sponsorship agreements; band partnership agreements; concert promotion & venue agreements; trademark & copyright registration; and mechanical, synchronization, transcription, public performance and print license agreements. He advises companies and entertainment professionals on broadcast and distribution agreements, photography, film and television production agreements, film financing agreements, actor's agreements, model releases, photographer agreements, and free-lance work-for-hire agreements.
top back to main Attorneys page
Representative Transactions
Established the first Russian-Mongolian-United States joint venture, and authored the Dornod Joint Venture Agreement, which served as the template for the first Minerals Law of Mongolia.
Represented the buyers of a Major League Baseball Club expansion team, coordinating negotiations among diverse ownership groups, community leaders, government and baseball officials, and hostile financiers. Represented the owners in financing, establishing and organizing the club, serving as its Secretary.
Represented a financial services firm in the creation of a 'AAA' rated FDIC insured investment security that is securitized through sales of bank certificates of deposit over a proprietary online eCommerce network.
Represented a public oil and gas company and its committee of independent directors through its $466 million acquisition by an offshore gas production company.
Represented a start-up news, sports and entertainment television production and streaming media company, creating all customer and vendor contracts, and negotiating, drafting and implementing agreements for studio architecture, design and construction, studio and mobile production, creative rights, content licensing, satellite, video, on-line and High Definition distribution, venue and performance agreements and sponsorship agreements. Negotiated, drafted and managed the implementation of agreements with one of America's most revered song and screen icon's, a boxing gold medallist and super welter-weight world champion, two members of an NBA championship basketball team, Major League Soccer, the Democratic National Committee, the Salt Lake City Olympics and Madison Square Garden, and many of the world's leading news organizations.
Issuer's counsel for initial public offerings in The United States, Canada and the United Kingdom. Represented a European venture capital group in investments in excess of $200,000,000.
Represented an industrial food processing company in establishing multiple food processing joint ventures in Russia and negotiated and closed IFC/World Bank financing. top back to main Attorneys page
Education
J.D., University of Kansas School of Law, Lawrence, Kansas (1983) (Moot Court Board)
B.S. Journalism, University of Kansas, William Allen White School of Mass Communications & Journalism (1979)
Telecommunications course work, University College, University of Denver (1999)
top back to main Attorneys page
Honors / Distinctions
University of Kansas School of Law Moot Court Board top back to main Attorneys page
Speeches / Publications
Editor, Colorado Bar Association Technology Law & Policy Section Monthly Newsletter, 2004-present
"Introduction to the Law of Computer Networks - Laws Applying to the Storage, Transmission and Collection of Data Using the Internet", and "Overview of the Underlying Technology", CLE in Colorado, Inc. "Introduction to Technology Law", 2005.
"Digital Rights Management", Colorado Bar Association Technology Law and Policy Section Continuing Legal Education presentation, 2004
Article, "Web Site and Information Security: Policies and Procedures to Protect Your Business From Liability," 2004top back to main Attorneys page
Memberships
American Bar Association
Colorado Bar Association (Technology Law and Policy Section, Legislative Policy Committee, Publications Committee)
Denver Bar Association
The American Society of Composers, Authors and Publishers |
