Basil P. Fthenakis

Basil is an attorney with over thirty years of experience as corporate and litigation counsel to emerging technology companies, with an emphasis on corporate finance, governance, competitive practices, intellectual property, and commercial transactions. He serves as counsel to emerging and established high technology businesses characteristic of the Silicon Valley in the software, telecommunications, computer and semiconductor industries. Basil regularly advises entrepreneurs and investors regarding financing of early stage technology ventures, and assists entrepreneurs in planning and executing new business ventures that will compete lawfully against those of former employers. In addition to his familiarity and experience with the competitive landscape in emerging high technology markets, Basil brings years of legal experience in the fields of software development and licensing, patent licensing, research and development activities, and distribution, manufacturing, supply and partnering arrangements.

Basil also represents clients in connection with more traditional commercial transactions and disputes, from industries as diverse as financial services, manufacturing, sales and brokerage, and construction.

Basil also serves as a member of the board of directors, and as chairman of the compensation committee, of PHYlogy, Inc.–a venture capital and private equity backed manufacturer of high technology equipment for the telecommunications industry, which recently sold its assets to Actelis Networks, Inc.

Basil is a trained mediator of commercial disputes and serves as a neutral mediator and arbitrator for the Santa Clara County Superior Court.

His practice emphasizes the following areas of substantive law:

  • Intellectual Property (patent, copyright and trademark)
  • Corporate Finance and Securities
  • Antitrust and Trade Regulation
  • Trade Secrets
  • Unfair Competition
  • Distribution and Licensing
  • Director’s and Officer’s Liability
  • Commercial Contracts
  • Real Property

Education

  • University of California at Davis (A.B., with honors in Economics, 1976), Omicron Delta Epsilon;
  • University of Santa Clara (J.D., 1979).
  • Admitted to bar: 1979, California.

Publications

  • “Terminating the Price-Cutting Distributor: What’s Next?” 8 CEB California Business Law Reporter 52
  • “Discounts and Allowances . . . Risky Business,” The Channelmarker Letter Volume 2, Number 10, April 1991.

Peer Review Ratings

  • “AV” rating, Martindale & Hubbell directory; Bar Register of Preeminent Lawyers.

Presentations

  • “Privacy and Data Security Compliance”, October 7, 2015, Legal Masterminds Meet up
  • Venture Lab, Startup Business Advisor, Fall Semester 2015, San Jose State University, Lucas College of Business
  • “Software Licensing”, April 29, 2015, Legal Masterminds Meet up
  • “Competing with Your Former Employer”, February 26, 2015, Legal Masterminds Meet up
  • “Top Ten Term Sheet Issues”, October 24, 2014, Legal Masterminds Meet up
  • “Intellectual Property Law Primer” July 3, 2014, Bio-Engineering Graduate Student Exchange Program, Santa Clara University (profs. John Zeng, Roberto Noriega)
  • Big Bang Business Competition, Spring 2014, Alumni Mentor to winning contestant, Child Family Institute for Innovation and Entrepreneurship, University of California Davis, Graduate School of Management
  • Silicon Valley Business Plan Competition May 9, 2014: Semifinals Judge, San Jose State University, Lucas College of Business
  • Silicon Valley Innovation Challenge Nov. 20, 2013: Judge, San Jose State University, Lucas College of Business
  • Silicon Valley Business Plan Competition May 3, 2012 and May 10, 2013: Semifinals Judge, San Jose State University, Lucas College of Business
  • October 14, 2011: Udruga Fokus, Zagreb, Croatia–“Silicon Valley’s Innovation Engine.” (Panelist)
  • July 29, 2009: Facebook Fund Campus, Facebook Fund Symposium–“Early Stage Intellectual Property and Corporate Formation Issues.” (Co-presenter)
  • June 25, 2009: Entrepreneur’s Dojo–“Entity Formation & Startup Funding for Entrepreneurs.” (Co-presenter)
  • June 23, 2009: Venture Backed Executives Club VCTaskforce Event–“Survive (and Thrive) in Today’s Business Environment.” (Moderator)
  • March 24, 2009: Business Development Academy Seminar’s Conference on Maximizing Returns on IP Portfolios–“The Role of Litigation in your IP Strategy.” (Corporate & Litigation Attorney Panelist)
  • January 22, 2009: Fountain Blue/RAL & Associates, Transitions Group Event–“From the Layoff to the Onboarding: What Executives Need to Know to Navigate the Process.” (Moderator)
  • January 13, 2009: Bio2Device Group–“Insights from the Cast of a Technology Company.” (Moderator)
  • August 2, 2008: iPhone DevCamp II Conference–“Term Sheets.” (Presenter)