Marshall Fisco

  • Dallas US-TX
Marshall Fisco

Objective

I am interested in an in-house position with an energetic and growth oriented business. I am particularly interested in positions in which I am negotiating agreements, drafting manuals, managing intellectual property, lobbying and authoring legislation, managing litigation, and managing record retention and stock plan programs. You can find out more about me at http:// www.linkedin.com/pub/marshall-fisco/4/abb/ab8, http:// www.jobfox.com/people/Marshall-Fisco, or www.facebook.com/marshall.fisco.

Interest

When I am not working, my interests include reading, listening to music, watching old movies or TV, spending times with friends, or simply working out.I really enjoy reading classic literature.My favorite authors include Charles Dickens, Shakespeare and Earnest Hemmingway. I have an eclectic taste in music and most enjoy listening to Jazz, Rock and Roll, Reagee, Blues and Classical.

I enjoy watching old movies the most.My favorites include My Fair Lady, The Maltese Falcon, The Thin Man (series), and A Night at the Opera.If I am not watching movies, I enjoy watching the news or programs like American Pickers, Deadliest Catch, Doctor Who and Kitchen Nightmares.

I also enjoy spending time with friends catching up on the week’s challenges.If we have the time, I really enjoy playing games with friends.Some of the games I enjoy the most at Trivial Pursuit, Pictionary, Contract Bridge, and Jenga.

Summary

I am a corporate generalist attorney with substantial in-house and outside legal experience.My in-house experience includes a large publicly traded company and a small privately held company (of which I was a part owner).My career has focused upon negotiating agreements, drafting manuals, managing an intellectual property portfolio, lobbying and authoring legislation, managing litigation and managing record retention, and stock plan programs.

I have negotiated financing agreements (ranging from $30,000,000 to $635,000,000), business acquisitions (ranging from $2,000,000 to $19,000,000), joint ventures, franchise and development agreements (both national and international), vendor, distribution and manufacturing agreements, and both IT and IP licensing agreements.The business acquisitions included companies in the U.S. and Canada, operations with 1 to 50 units, businesses operating in 1-30 states, transfers of substantial intellectual property portfolios, and the acquisition of real estate.While negotiating the business acquisitions I was responsible for ensuring that all issues were addressed, including legal due diligence, the transition of employees, vendor and utility accounts and operational licenses, and the negotiation and execution of all ancillary documents (i.e., tax releases, leases, SNDAs, and estoppels).

My experience also includes managing issues with government legislators and regulatory agencies.I was responsible for all lobbying activities and authored legislation and regulations in twelve states (including legislation in California in which I saved $8,210,000 for the company).In addition, I was one of five signatories at Chuck E. Cheese’s.As such, my name was on all liquor and gaming.Although the day-to-day functions were handled by the Licensing Department, I was brought in for counsel with some difficult registrations and flew to many hearings to ensure our licenses were approved.

Finally, I was responsible for resolving claims that arose out of contract disputes or general operations.Some of these claims related to union strikes during construction, disputes with landlords and landowners, premises liability, employment, and nuisance claims resulting from excess noise and parking.If the claim was not resolved, then I was responsible for managing the litigation of the matter.While at Chuck E. Cheese’s, I managed a caseload of 206 lawsuits per year.The majority of these cases related to personal injury matters.In addition, we had approximately 4-6 employment lawsuits per year, 1-2 intellectual property suits, 8-10 UDRP proceedings to recover domain names, 1-2 class actions related to general operations (typically brought in California), and 4-6 general litigation matters regarding lease and other contract disputes.

Work History

Work History
Dec 2007 - Jan 2011

Owner, EVP, General Counsel

Crumb Corps, LLC (dba Cookies by Design)

Executive Vice President:Develop a strategic plan to advance the company's mission and objectives, including the promotion of revenue, profitability, and growth (increasing revenues from $3,600,000 to $6,200,000).Oversee operations to insure production efficiency, quality, service, and cost-effective management of resources.Plan, develop, and implement strategies for generating resources and/or revenues for the company.Approve company operational procedures, policies, and standards.Review activity reports and financial statements to determine progress and status in attaining objectives and revise objectives and plans in accordance with current conditions.General legal representation of the company.Corporate: Negotiation of agreements related to financing, business acquisitions (exceeding $4,000,000), operations and licensing of intellectual property, maintenance of corporate records, established non-profit company for franchise association, revised employment manuals, organization of holding company, and reorganization of corporate entities.Oversaw the planning and subsequent operation of a new national production facility providing over $4,000,000 per year in revenue.Franchise: Preparing and filing FDD/UFOC, drafting and negotiating Development and Franchise Agreements with existing and new franchisees within United States.Human Resources: Established Human Resources department within the company, negotiated new agreements for time clock system, PEO program, 401(k) Plan, General Liability and D&O coverage (saving approx. $188,000 per year).Legal: Managing lawsuits and claims, implemented programs including Budgeting, Litigation Management, and Record Retention, Intellectual Property Management (including watch programs and litigation management).Marketing:Maintained intellectual property filings, managed infringement actions, negotiation of agreements relating to performance, production, advertising, licensing, and promotion.Real Estate:Negotiation of Leases, SNDAs, and Estoppel Certificates.

Aug 1994 - Jul 2007

VP, Senior Counsel, Corporate Secretary

CEC Entertainment, Inc. (dba Chuck E. Cheese's)

General legal representation of this publicly held restaurant chain.Corporate: Negotiation of agreements related to financing (ranging from $30,000,000 to $635,000,000), business acquisitions (ranging from $2,000,000 to $19,000,000), operations and licensing of intellectual property, SEC filings, NYSE and NASDAQ filings, secondary public offering, investor relations, maintenance of corporate records, established limited liability company for production of films, developed alcohol training program, revised employment manuals, lobbying and authoring legislation and regulations in twelve states (including legislation in California achieving savings of $8,210,000 for operations), assisted in defense against attempted takeover, organization of intellectual property holding company, and reorganization of corporate entities.Franchise: Preparing and filing the FDD/UFOC, drafting and negotiating Development and Franchise Agreements with existing and new franchisees within and outside of the United States.Legal: Managing lawsuits (savings of over $21,000,000), developed and implemented programs including Budgeting, Litigation Management, Record Retention, Franchise Compliance, SEC Compliance, Stock Plan administration (redesigned programs achieving $230,000 per year in additional earnings for employees), Intellectual Property Management (including watch programs and litigation management).Marketing:Maintained intellectual property filings, managed infringement actions, negotiation of agreements relating to performance, production, advertising, licensing, and promotion.Real Estate:Negotiation of Leases, REAs, SNDAs, and Estoppel Certificates.

I was employed as Vice President, Senior Counsel, and Corporate Secretary from March 1, 2000 to July 2007.Prior to that time, I was employed as Vice President, General Counsel, and Corporate Secretary (September 26, 1997 - February 29, 2000), Counsel and Corporate Secretary (October 13, 1995 - September 26, 1997), Counsel (April 21, 1995 - October 13, 1995), and Associate General Counsel (August 22, 1994 - April 21, 1995).
Jan 1991 - Aug 1994

Attorney

Law Offices of Marshall Fisco

Corporate and transactional practice.Negotiation and drafting of instruments relating to project organization, private offerings, business plans and manuals, finance, collection, transportation, insurance and bonding for various businesses.Factual investigation, legal research, drafting pleadings and briefs, and depositions for various clients.

Jun 1983 - Dec 1990

Attorney

Fulbright & Jaworski, LLP

Commercial, aviation and toxic tort litigation. Drafting pleadings, motions, briefs, and articles.Managed large document productions.Attended depositions, hearings and trials and summarized testimony therefrom.Developed computer databases for case management and an analysis of Texas cases.Managed factual and legal research in Retail Merchants Association v. Handy Dan (successful resolution of matter resulted in repeal of Texas Blue Laws).

I was employed as an attorney from November 10, 1988 to December 31, 1990.Prior to that time, I was employed as a legal assistant from June 24, 1983 to November 9, 1988.

Education

Education
Sep 1977 - May 1981

Bachlors

University of Rochester

Todd Union Committee (1978 - 1980)

Concert Management Squad (1978 - 1981)

Dorm Council (1977 - 1980)

Track Team (4 Letters and School Record)

Omega Fraternity:

President (1980 - 1981)

Housing Chairman (1979 - 1980)

Director of Salvation Army Drives (1979 - 1981)

Skills

Skills

Stock Plan Administration

Budgeting

Record Retention

Intellectual Property Management

Litigation Management

Preparing and Filing the FDD/UFOC

Lobbying and Authoring Legislation

Investor Relations

SEC Compliance and Filings

Intellectual Property Licenses

Financing Agreements

Lease Agreements

Development and Franchise Agreements

Acquisition Agreements

Portfolio

Certifications

Certifications
May 1988 - Present

Texas Bar License (#04077040)

State Bar of Texas

References

References

Mark Taylor

Steven Gerber

Susan DuPertuis

Richard Huston

Michael Logan

None