Attorney at Law
School of Law
"Impressed with her ability to communicate complex legal topics to an unfamiliar audience."
Fiona Newell Kaufman graduated from Santa Clara University School of Law and for the past 14 years has focused her practice… read more on high technology and commercial transactions. She has worked as Corporate Counsel for several Silicon Valley and Forbes 500 technology companies including: Silicon Valley Bank, Ariba, Phoenix Technologies, and Solectron Corporation (currently Flextronics) prior to opening her own practice in January 2008. In addition to practicing corporate law, Ms. Kaufman is an experienced legal author with a leading national publisher, publishing many legal practice guides in the areas of technology transactions and tax and estate planning.
Ms. Kaufman focuses on the review, drafting, evaluation, and negotiation of a complete range of routine and complex technology agreements, including:
* Software License Agreements
* Master Services Agreements
* Master Purchase Agreements
* Manufacturing Agreements
* Service Level Agreements
* Statements of Work
* Vendor Agreements
* Marketing Agreements
* Purchase Terms and Conditions
* Non-Disclosure Agreements
Another key focus is providing strategic legal advice while balancing business concerns and potential risks to achieve the most positive result and this is key to understanding a client’s business needs and concerns in order to achieve the most desired result.
- Affiliate Agreement
- Business Consulting Agreement
- Distribution Agreement
- Equipment Lease
- Licensing Agreement
- Loan Agreement
- Manufacturing Agreement
- Marketing Agreement
- Non-Disclosure Agreement (Commercial)
- Profit Share Agreement
- Publishing Agreement
- Release of Liability
- SaaS Agreement
- Sales Agreement
- Service Agreement
- Terms of Service
- User Agreement
- Other Commercial Contract Matter
- Outside General Counsel
- Benefits & Compensation
- Contractor Agreement
- Contractor Termination
- Employee Handbook
- Employee Stock Option Plan
- Employee Termination
- Employment Agreement
- Employment Policies & Procedures
- Equity Compensation
- Intellectual Property Assignment Agreement
- Non-Compete Agreement
- Non-Disclosure Agreement (Employment)
- Severance Agreement
- Worker's Compensation Claims
- Workplace Harassment & Discrimination Claims
- Other Labor & Employment Matter
"Fiona has been a great resource to help with our contract needs. She is responsive and delivers when she says she will."
Posted on Jul 6, 2017
"As Vice Present of my company I had many conversations with Fiona specific to Contracts with Customers. Fiona does a great job in keeping me and my people grounded to the details in the contracts we worked through. She made herself available day or night when needed to hit a deadline, and was a great asset on the phone with customers and customer legal counsel. Fiona is very knowledgeable in the EMS world. She is able to take on multiple actions at one time and deliver results on time which enabled us to close agreements with customers sooner than later. She stays calm on customer calls, even when some conversations got a little tense. Has a great ability to stick to the topics and stays on track, so the focus stays specific to what needed to be agreed to by both parties. Very Solid and highly recommend."
Posted on Jul 4, 2017
"I've worked with Fiona as a colleague and a client. Fiona brings in-depth subject matter expertise and attention to detail to every project we've worked on together. Tremendous help at solving complex legal issues."
Posted on Jul 4, 2017
"Fiona continues to impress. She always provides great counsel."
Posted on Nov 6, 2016
"Fiona is excellent - gave her 5s for everything - and for good reason! "
Posted on Oct 6, 2016
"Pragmatic and an excellent communicator. "
Posted on Feb 24, 2016
Law Office of Fiona Newell Kaufman
Principal and Owner
Dec 2007 - Present
* Boutique law practice which provides high-quality, value-oriented legal services to both publicly traded and privately held technology-based product and services companies.
* Legal services include, reviewing, drafting and negotiating a full range of complex technology and commercial agreements, including software license agreements, open source software agreements, service agreements, purchase agreements and non-disclosure agreements.
* Complete legal research and writing along with business strategy.
* Close interaction with company personnel including management and executives.
* Support clients on an as-needed, over-flow basis, as well as on-going retainer relationships.
LexisNexis Matthew Bender
Jan 2004 - Present
* Senior Contract Author for leading global legal publisher.
* Authored several complete legal practice guides including: Computer and Internet Transactions; Recovering for Unauthorized Disclosure of Confidential Information; Enforcing Judgments; Execution Sales; Redemptions; Third Party Claims; Financial Elder Abuse, and Elder Abuse.
* Manage and author on-going case and legislative updating for multiple Tax and Estate Planning Publications, including case and legislative commentaries, and estate tax legislation, including the 2012 American Tax Payer Relief Act.
Jan 2004 - Dec 2007
* Responsible for the review, negotiation and administration of all customer contracts including manufacturing agreements, services agreements, and service level addendums.
* Provide key advice and support to senior management and sales executives on sales strategies, potential risks and courses of action.
* Created and managed global training program to educate sales and operations teams on contractual issues and contracts process.
* Developed and managed the development and implemented new contracts process, tools and guidelines to standardize contracts process and comply with SOX 404 requirements, resulting in improved operations, streamlined efficiency, and less risk of liability.
Jul 2001 - Dec 2002
* Drafted and negotiated commercial agreements for U.S., Asian and European Sales teams.
* Provided support to Phoenixs finance, human resources, marketing, IT, and facilities departments in the resolution of contractual, personnel, and other legal issues.
* Assisted and advised the General Counsel and key executives in the management of corporate governance issues, acquisitions and other strategic transactions.
* Designed and supervised global legal training program to educate employees on issues including licensing, contracts, copyrights, and negotiation.
Jan 2000 - Jan 2001
* Drafted and negotiated complex software license, service, and alliance agreements for core revenue products, with a majority of customers being Fortune 1000 companies, while balancing legal, business and revenue recognition concerns, resulting in over $20 million in revenues.
* Provided on-going support to Aribas corporate, real estate, facilities and finance groups to resolve issues.
* Spearheaded committee to create standard legal processes manual to cover in-bound and out-bound licensing as well as specific issues for software, services and alliance agreements.
* Formed and maintained foreign subsidiaries and worked with outside counsel and consultants to ensure compliance with corporate formalities and tax laws in effectuating a share transfer.
* Managed relationships with outside counsel to supervise work quality and manage costs.
Silicon Valley Bank
Jan 1999 - Jan 2000
* Led legal team for International e-commerce subsidiary. Provided extensive advice and counseling on a variety of issues, including content, trademarks, data privacy, securities, and foreign law, to senior executives to define business plan and make business decisions.
* Drafted and negotiated licensing, procurement and service agreements for eProcurement teams.
* Conducted New Employee Orientation and employee trainings on compliance, securities, and contracts, to educate and increase awareness of legal and regulatory issues.
* Designed and managed a comprehensive Broker-Dealer compliance program for SVB Securities, a NASD registered Broker-Dealer, to ensure adherence to laws and regulations.
* Managed relationships with outside counsel to coordinate projects and contain costs.
Falk, Cornell & Associates, LLP
Jan 1997 - Jan 2000
Associate attorney in boutique tax and estate planning firm.