Practice Areas

Business

Business Law

As a business owner myself, I know the challenges created by entrepreneurship. For this reason, I offer a comprehensive range of legal services tailored to meet the unique needs of small businesses. My goal is to provide personalized, practical, and cost-effective solutions that will help your business succeed and grow while minimizing legal risks and liabilities.

Business Formation

I provide guidance on selecting the most appropriate legal structure for your business, taking into account factors such as personal liability protection, tax implications, and ongoing compliance requirements. I will help you navigate the process of establishing your business entity, including drafting and filing the necessary documents with state and federal authorities.

Compliance

I assist small businesses in understanding and adhering to various federal, state, and local regulations, including tax, employment, environmental, zoning, and licensing requirements. I can help you develop strategies to maintain compliance and avoid potential fines or penalties.

Contracts and Agreements

 I draft, review, and negotiate a wide variety of contracts and agreements essential to the smooth operation of your business, such as partnership agreements, employment contracts, independent contractor agreements, leases, and vendor agreements. My goal is to protect your business interests and prevent potential legal disputes.

Employment Law

I offer guidance on complying with various employment laws, including wage and hour regulations, employee classification, workplace safety, anti-discrimination and harassment policies, and employee benefits. I can help you create and implement employment policies, procedures, and handbooks to ensure your business remains compliant and minimize potential employment disputes.

Intellectual Property

 I can help you protect your valuable intellectual property assets, such as trademarks, copyrights, and patents, through proper registration, enforcement, and licensing agreements. Safeguarding your intellectual property is critical for your business’s growth and competitive advantage.

Dispute Resolution

In the event of legal disputes between your business and employees, customers, suppliers, or other parties, I offer representation and support through negotiation, mediation, arbitration, or litigation, as appropriate. My focus is on resolving disputes efficiently and effectively, minimizing the impact on your business operations.

Risk Management

 I work closely with small businesses to identify and address potential legal risks and liabilities. I can help you implement risk management strategies and best practices to prevent legal issues from arising and ensure the long-term success of your business.

Whether you are starting a new business, navigating day-to-day legal challenges, or planning for the future, I am committed to providing the personalized, hands-on legal support your small business deserves. Contact me today to discuss how I can help your business thrive.

Nonprofits

Nonprofits

As a member of a nonprofit board, I understand the unique challenges and legal needs faced by nonprofit organizations. I am committed to providing comprehensive legal services tailored to the specific requirements of nonprofits, ensuring they can focus on their mission while remaining legally compliant and protected.

Formation and Governance

I assist nonprofits with the establishment of their legal structure, including drafting and filing articles of incorporation, creating bylaws, and obtaining federal and state tax-exempt status. I can guide organizations through the entire formation process, offering expert advice on choosing the right structure and navigating the various legal requirements.

Compliance

Staying compliant with federal, state, and local laws is essential for nonprofit organizations. I help clients understand and adhere to various regulations, such as tax, employment, fundraising, lobbying, and reporting requirements, to ensure their organization remains in good standing.

Contracts and Agreements

I offer support in drafting, reviewing, and negotiating a range of contracts and agreements that are essential to the daily operations of nonprofits. From leases and service agreements to vendor contracts, my goal is to protect the interests of your organization and minimize potential risks.

Board Governance and Fiduciary Duties

I advise board members on their legal duties and responsibilities, helping them navigate the complexities of nonprofit governance. I can assist with managing conflicts of interest, implementing best practices, and ensuring the board operates effectively and transparently.

Risk Management

Identifying potential legal risks and implementing strategies to mitigate liability is crucial for any nonprofit organization. I work closely with clients to assess their unique circumstances, recommend appropriate insurance coverage, and develop indemnification and waiver agreements to protect the organization and its stakeholders.

By choosing my law firm, nonprofit clients can expect personalized, attentive service and expert legal guidance tailored to their specific needs. My commitment to understanding and addressing the unique challenges faced by nonprofits ensures that your organization can remain focused on its mission while staying legally compliant and protected.

Technology

Technology Startup Companies

As a dedicated lawyer and a tech founder myself, I provide comprehensive legal services tailored to the unique needs of technology startup companies. My goal is to help you navigate the complex legal landscape, ensuring your startup’s success and growth. The following services are provided to support and protect your technology startup:

Entity Formation and Structure

Assisting you in selecting the appropriate legal structure for your startup, ensuring proper formation, registration, and compliance with state and federal requirements.

Intellectual Property Protection

Advising on securing and defending your startup’s patents, trademarks, copyrights, and trade secrets, as well as developing IP strategies and licensing agreements to safeguard your innovations and maintain a competitive edge.

Contract Drafting and Negotiation

Drafting, reviewing, and negotiating various agreements vital to your startup, including employment contracts, non-disclosure agreements (NDAs), software and technology licensing agreements, terms of service, privacy policies, and vendor contracts.

Employment Law Compliance

Ensuring your startup complies with federal, state, and local employment laws, including wage and hour regulations, worker classification, non-compete agreements, non-solicitation provisions, and employee benefits.

Equity and Stock Options

 Structuring and managing equity compensation plans for your startup, including stock options, restricted stock units (RSUs), and other incentive plans tailored to employees, founders, and advisors.

Fundraising and Securities Law

Guiding your startup through the complexities of securities laws and regulations while raising capital, whether through angel investments, venture capital, or crowdfunding, and preparing and filing necessary documentation.

Corporate Governance

Establishing effective and compliant corporate governance practices, including drafting bylaws, operating agreements, shareholder agreements, and advising on the responsibilities and fiduciary duties of your board of directors.

Mergers and Acquisitions

Supporting your startup through merger, acquisition, or sale transactions, providing due diligence, deal negotiation, and drafting and reviewing transaction documents.

Regulatory Compliance

Ensuring your startup adheres to industry-specific regulations, such as data privacy and protection laws, export control regulations, and other applicable rules and requirements.

Dispute Resolution

Assisting your startup in resolving disputes through negotiation, mediation, arbitration, or litigation, while providing guidance on risk management and strategic legal planning.

As an experienced lawyer with a deep understanding of the tech industry and startup ecosystem, I am well-equipped to support your technology startup’s journey, addressing your unique legal needs and helping you achieve your goals.

Counsel

Outside General Counsel

I offer comprehensive outside general counsel services to businesses in need of expert legal advice and support on a flexible, cost-effective basis. My outside general counsel services are designed to address your legal needs without the commitment and overhead of hiring a full-time in-house attorney. The legal services I provide as outside general counsel include:

Contract Drafting, Review, and Negotiation

I will assist with drafting, reviewing, and negotiating a variety of contracts, such as vendor agreements, customer agreements, service agreements, and licensing agreements, ensuring your interests are well-protected.

Corporate Governance

I can advise on corporate governance matters, including board and shareholder meetings, minutes, resolutions, bylaws, and other governance-related documents, helping you maintain proper legal structure and compliance.

Employment Law

I offer guidance on employment matters, from hiring and employee handbooks to contracts, labor law compliance, workplace policies, and dispute resolution, helping you manage your workforce effectively and responsibly.

Intellectual Property

I can help you navigate intellectual property issues, including trademark and copyright registration, licensing, and enforcement, protecting your valuable assets and ideas.

Regulatory Compliance

I will assist in ensuring your business remains compliant with applicable laws and regulations, including securities laws, privacy laws, and industry-specific regulations, minimizing legal risks and potential penalties.

Mergers and Acquisitions

I can support you throughout mergers, acquisitions, and other business transactions, including conducting due diligence, negotiation, and drafting transaction documents to facilitate successful deals.

Dispute Resolution

I can represent your interests in disputes, litigation, and alternative dispute resolution proceedings, such as mediation and arbitration, working to resolve conflicts efficiently and favorably.

Risk Management

I will assess and manage legal risks, advising on best practices to mitigate potential liabilities and protect your business.

Financing and Securities

I can advise on capital raising, securities law compliance, and related transactions, such as private placements, equity financing, and debt financing, supporting your business growth and funding needs.

Real Estate

I provide legal support for real estate transactions, including lease agreements, property acquisitions, and land use and zoning matters, helping you manage your property interests effectively.

General Legal Advice

As your trusted advisor, I will provide expert guidance on a wide range of legal matters that arise in the course of your business operations, helping you make informed decisions and navigate complex legal issues with confidence.

By choosing me as your outside general counsel, you can expect personalized, dedicated legal services tailored to the unique needs and goals of your business.

Litigation

Business Litigation

As an experienced business litigation attorney, I am dedicated to representing both plaintiffs and defendants in state and federal courts. I understand that business disputes can be complex and costly, which is why I am committed to providing effective and strategic legal solutions tailored to your specific needs. My goal is to help you successfully navigate the legal process and achieve the best possible outcome for your case.

I handle a wide range of business litigation matters, including:

Breach of Contract

Disputes often arise when one party fails to fulfill their obligations under a contractual agreement. I have extensive experience in handling contract disputes, ensuring that your rights are protected, and working towards a favorable resolution.

Negligence

Businesses may face litigation due to allegations of negligence, such as failing to exercise the appropriate level of care in their operations or professional services. I am well-versed in defending against these claims or pursuing compensation for clients who have suffered harm due to negligence.

Trademark and Copyright Violations

Intellectual property rights are crucial to the success of any business. I am adept at protecting your brand and creative works by addressing trademark and copyright infringements, as well as defending against accusations of infringement.

Fraud

Fraudulent activities in business transactions can result in significant financial losses and damage to your reputation. As an experienced litigator, I have the knowledge and skills to address these challenging situations, helping you recover from the financial and reputational impacts of fraud.

I am committed to providing personalized attention and maintaining open communication with my clients. Regardless of whether you are a plaintiff or defendant in a business litigation matter, I will work tirelessly to protect your interests and achieve the best possible outcome for your case.

Contact me today to schedule a consultation and discuss your business litigation needs.

Real Estate Law

Real Estate Law

As a dedicated solo practitioner, I offer comprehensive legal services to clients involved in real estate transactions. My goal is to provide personalized, efficient, and effective legal guidance to help you navigate the complexities of real estate matters. Whether you are a buyer, seller, landlord, tenant, developer, or investor, I can assist you in all aspects of real estate transactions and disputes.

Purchase and Sale Transactions

I work with both buyers and sellers to negotiate, draft, and review purchase and sale agreements, conduct due diligence, coordinate closings, and ensure proper transfer of title.

Lease Agreements

My services include drafting, reviewing, and negotiating residential and commercial lease agreements, advising on lease terms, and resolving landlord-tenant disputes.

Financing and Mortgages

I advise clients on real estate financing transactions, including mortgage loans, equity financing, and construction loans, and assist in preparing and reviewing loan documentation.

Investment Syndication

For those involved in real estate investment, I provide guidance on structuring investment deals, drafting and negotiating partnership agreements, and ensuring compliance with securities laws.

Land Use and Zoning

I assist clients in obtaining necessary permits, variances, and approvals for land development and represent clients before zoning boards, planning commissions, and other regulatory bodies.

Easements and Property Rights

My expertise extends to drafting, negotiating, and enforcing easements and other property rights, such as rights of way, licenses, and restrictive covenants.

Construction and Development

I advise clients on construction contracts, contractor agreements, and related matters, as well as help navigate the construction permitting process and address construction defects and disputes.

Environmental Compliance

I work with clients to ensure environmental due diligence, remediation, and compliance with federal, state, and local environmental laws and regulations.

Litigation

When disputes arise, I provide zealous representation in real estate litigation, including matters involving breach of contract, boundary disputes, adverse possession, easement disputes, and eminent domain proceedings.

As a solo practitioner, I am committed to providing personalized attention and tailored solutions to meet the unique needs of each client. If you are seeking a dedicated and knowledgeable real estate attorney to guide you through the intricacies of real estate transactions and disputes, look no further. Contact me today to discuss how I can help you achieve your real estate goals.

Common Business Identity Theft Schemes

Real Estate Litigation

Real Estate Litigation

I understand the complexities of real estate litigation and am dedicated to providing comprehensive legal services to clients facing a wide range of real estate disputes. With experience in both state and federal courts, I represent both plaintiffs and defendants, offering personalized attention and strategic solutions to help you navigate the legal process.

My real estate litigation services encompass a variety of areas, including:

Breach of Contract

We handle disputes arising from unfulfilled obligations in real estate transactions, such as failure to complete a sale or fulfill agreed-upon terms.

Fraud and Misrepresentation

We represent clients in cases involving intentional deception or false statements made during a real estate transaction.

Nondisclosure

We assist clients in disputes where a seller has failed to disclose known material defects or issues with the property during the sale process.

Title Disputes

We help resolve conflicts over property ownership, boundaries, easements, and other property rights, addressing issues related to title defects, liens, or encumbrances.

Construction Defects

We represent property owners, contractors, and subcontractors in disputes involving construction defects or disagreements over construction contracts and payments.

Zoning and Land Use Disputes

We assist clients in navigating conflicts over zoning ordinances, permitting, variances, and other land use regulations.

Eminent Domain and Condemnation

We represent property owners in disputes involving the government’s power to take private property for public use, ensuring fair compensation and due process.

Partition Actions

We guide clients through the process of dividing or selling the property when co-owners cannot agree on its management or disposition.

Quiet Title Actions

We help clients establish or confirm their property title, removing any clouds or defects and providing peace of mind.

I recognize that each real estate dispute is unique, and I tailor my approach to the specific circumstances of your case. My commitment to understanding your needs and providing personalized legal solutions sets me apart as your trusted advocate in the field of real estate litigation. Contact me today to discuss how I can help protect your rights and interests in your real estate dispute.

Criminal Defense

White Collar Criminal Defense

As a former deputy district attorney and the person who literally wrote the book on fraud investigations, I offer comprehensive and strategic legal representation for clients facing white collar criminal charges in both state and federal courts. My objective is to provide personalized and attentive service, tailored to the unique needs of each client, and to vigorously defend their rights and interests.

White collar criminal defense encompasses a broad range of complex financial and business-related offenses, including but not limited to:

Fraud

Securities fraud, bank fraud, mortgage fraud, wire and mail fraud, healthcare fraud, and tax fraud are just a few examples of fraud-related charges I have experience defending against.

Embezzlement

I represent clients accused of misappropriating funds or assets entrusted to their care, including corporate embezzlement and public corruption.

Money Laundering

I defend individuals and businesses facing allegations of concealing the origins of illicit funds or engaging in transactions designed to obscure the source of such funds.

Insider Trading

I provide representation for clients accused of trading securities based on non-public, material information, or sharing such information with others.

Bribery and Public Corruption

I offer skilled defense for clients accused of providing or receiving bribes, kickbacks, or other improper benefits, including in connection with government contracts, public officials, or regulatory agencies.

RICO and Organized Crime

I defend individuals and businesses charged under the Racketeer Influenced and Corrupt Organizations (RICO) Act, as well as those facing allegations of involvement in organized crime.

Cybercrime

I represent clients facing charges related to computer and internet-based offenses, such as hacking, identity theft, and computer fraud.

When representing clients in white collar criminal cases, I am committed to conducting thorough investigations, challenging the prosecution’s evidence, and developing creative and persuasive legal strategies. My experience in state and federal courts, combined with a deep understanding of the complexities of white collar criminal law, allows me to provide effective and tenacious representation for my clients.

If you or a loved one is facing white collar criminal charges, it is critical to have experienced and dedicated legal representation on your side. Contact me today to discuss your case and explore your options for a vigorous defense.

Contact Us

74-710 Highway 111
Suite 102, Palm Desert
CA 92260

(760) 760-0320

David@DavidFleck.com

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