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Mohammed Khan, General Counsel, Fund Manager and Partner

Mohammed Khan

General Counsel, Fund Manager and Partner·Binary Venture Partners

United States

Bachelor's degree, Mass Communication and Journalism

Work experience

Total years of experience: 16 years, 5 months

General Counsel, Fund Manager and Partner

November 2005 - May 2015

Binary Venture Partners

United States

November 2005 - May 2015

Provide a full range of venture capital, legal, business development and technology development and commercialization services to start-ups in South Africa and the Silicon Valley, USA. BVP founded by ex-Google emplyees. Identify and guide global and local start-ups with commercialization potential. Act as strategic business adviser and general counsel to VC portfolio companies, including cloud-based e-commerce and electronic payment entities. Currently, over $50 million invested in a range of technology ventures. Successfully built bridge to the Valley for numerous African start-ups. Informed several developing company’s short and long-term business strategies, including target market identification, market entry strategy, revenue models and exit strategy. Built IP portfolios. Provide guidance on IP protection issues, trademarks, copyrights, business strategy and partnering, including cooperation and alliance-type transactions. Set up, negotiated and drafted software licenses and other IP agreements.
Also guide start-up CEO’s and advise on corporate formation and structure; on intellectual property matters, including licensing (in/out) and other IP agreements; and also on advertising, privacy, sales, distribution and other business contracts. Draft standard corporate rules and procedures that are compliant with Federal, State and country or market specific regulations to minimize company liability and govern corporate behavior. Provide legal assessments on business risks, in plain English, to enable entrepreneurs to make informed decisions and understand potential consequences of decisions. Raise venture capital from network and intermediate sources. Negotiate with third party financiers and investors on funding and finance arrangements. Structure financing deals and manage due diligence and other processes to maintain good relations between parties.
Special focus on intellectual property protection and building IP plans to protect, leverage and monetize IP, including software licenses, trade secrets and patents. Handle some tax and compliance matters, FCPA education and related compliance issues.
Oversight over revenue models and the development, negotiation and closing of joint-venture, alliance and partnership deals, as well as defining and implementing privacy, marketing and compliance standards.
Conduct outreach and training on various regulatory and compliance requirements to portfolio companies and employees, especially cross-border business development and sales teams.

Currently guiding non-profit medical technology initiative TOMPSA to protect IP and monetize Triage application and Platform.
Advise Ministries (Communications, Trade and Industry, Science &Technology, Health) on ICT policy, laws and best practices.
Advise regulator ICASA and parastatal entities (government owned utility and transport entities) on a range of ICT related policy and legal issues and their ramifications in South Africa and internationally.
Provide written input and attend policy discussions to influence ICT policies, with a view to avoiding technological bets, unless the risk to do so is calculated and understood.
Currently working with DS&T, DTI and VC incubators in South Africa to bridge tech companies to Silicon Valley and NY funders for US-market entry.
Create and provide tailored education modules to executives and senior teams on sector specific policies to influence decision-makers-especially with regard to adopting international standards and accepted corporate governance and accounting standards.
Manage outside counsel in various countries for clients.
Represent various entities at technology, business and sectoral conferences to discover local trends while influencing thinking and approaches to IT and intellectual property-related issues.

Company industry:
Financial Services
Job role:
Legal

Business Development Attorney

June 2004 - July 2005

Microsoft Corporation

United States

June 2004 - July 2005

Member of the Platform (OS) group’s strategic unit, which accounted for over 90% of company revenues
•Handled sensitive outreach, relationship building, business development, licensing (in-out), agreement structuring and compliance matters with numerous small and medium enterprises
•Outreach integral to anti-trust settlement between company and plaintiffs in Federal and State courts
•Worked on strategic initiatives with cross-functional business development teams evaluating acquisition of early-stage companies, licensing of technology or decisions to develop products internally.

Company industry:
IT Services
Job role:
Other

Corporate Counsel

September 2000 - December 2001

Remedy Corporation

United States

September 2000 - December 2001

Responsible for general corporate transactional work, with prime responsibility for IP protection issues
•Negotiate and drafting software licenses, including end-user license agreements
•Tasked with licensing-in of technology and administration of company's technology partnership programs
•Advise executives and contracts negotiators on legal and intellectual property issues arising in the licensing out/sales of company's software.
•Lead attorney on business development team tasked with negotiating and closing strategic partnership, alliances, joint-venture and small M&A deals.
•Responsible for corporation’s SEC compliance, including periodic securities filings such as the 10K, 10Q and proxy statement and providing guidance on securities issues as they arise.
•Provide guidance on employment matters and legal risks.
•Managed outside counsel as required.

Company industry:
Hospitality & Accomodation
Job role:
Legal

Senior Attorney

June 1999 - July 2000

Competition Commission

South Africa

June 1999 - July 2000

Responsible for analysis, determination and disposition of complex mergers and acquisitions involving domestic and foreign companies. Drafted merger guidelines to direct attorneys and practitioners on implementation and interpretation of merger law, based on USDOJ guidelines. Conducted detailed analysis of proposed mergers and prepared cases against anti-competitive transactions. Argued the first merger case ever before the Competition Tribunal. Provided training in due diligence and M&A to junior lawyers and economists. Drafted policy papers to assist Parliament with improvement of the Competition Act. Led cross-functional legal, business and economic teams to analyze and prevent anti-competitive mergers

Company industry:
Public Administration
Job role:
Legal

December 1995 - December 1997

The Commodities House

United States

December 1995 - December 1997

Involved in a variety of commodities brokering projects from procurement to sales and match-making.

Company industry:
Financial Services
Job role:
Other

Associate Attorney

March 1997 - September 1997

Post, Kirby, Noonan & Sweat, LLP, Attorneys

United States

March 1997 - September 1997

Worked on a variety of business litigation matters and transactions, including anti-trust and complex contract issues. Drafted memos, pleadings, discovery and other motions. Took depositions.

Job role:
Legal

Law Clerk

August 1995 - October 1995

Reid & Reid

United States

August 1995 - October 1995

Firm engaged primarily in family law and business litigation.

Job role:
Legal

Civil Justice Law Clerk

August 1994 - December 1994

Legal Aid Society of Alameda County

United States

August 1994 - December 1994

Advocated on behalf of poor, homeless and low-income families.

Job role:
Other

District Attorney

January 1994 - May 1994

Santa Clara County

United States

January 1994 - May 1994

Company industry:
Other Business Support Services
Job role:
Legal

Public Prosecutor Law Clerk

-

-

Defended motions to dismiss charges or suppress evidence.

Job role:
Other

Hastings Disability Center Tutor/Instructor

-

-

Tutored disabled students in legal research, writing and oral advocacy.

Job role:
Other

Deans Discussion Group Leader

-

-

Academic Assistance Program.
Tutored first-year students in Contract Law. Moot Court Tutor. Taught basic legal research and writing skills, legal analysis and oral argument to first-year students. Provided academic support and instruction in written and oral advocacy. Judged Moot Court Competition.

Job role:
Other

Journalist

-

-

Wrote for several newspapers and was Managing Editor of the Spartan Daily. Also interned at the Palo Alto Weekly and was appointed Editor-in-Chief of La Voz Weekly. Garnered numerous writing and editing honors, ranging from the Gordon Grebb Award for best persuasive and editorial writing to a merit award for Newspaper Editing.

Job role:
Writing and Journalism

Education

California State UniversityCompetition Commission of South Afric

June 1999

June 1999

Bachelor's degree, Mass Communication and Journalism

United States

Political Science, Pre-Law. Gordon Grebb Award for Research and Writing OECD Competition & Regulation Masters Course

San Diego State University

May 1998

May 1998

Master's degree, Entrepreneurship and Strategic Management

United States

One-year). Kaufman Fellow

University of California, San Francisco, Hastings College of Law

May 1995

May 1995

Doctorate, Law

United States

GPA (point): 3.6 out of 4

GPA (point): 3.6 out of 4

courses: Admitted to the California Bar, July 1995 (Bar No: 181856)
View attachment

East China (Shanghai) University of Politics and Law

August 1994

August 1994

Diploma, Chinese Law

China

GPA (point): 3.4 out of 4

GPA (point): 3.4 out of 4

Diploma in Chinese Law and Chinese legal systems, with concentration on Chinese commercial law.
View attachment

Skills

Venture Capital
Expert
Venture Capital
Expert
Technology
Expert
Technology
Expert
Law
Expert
Law
Expert
Deal Maker
Expert
Deal Maker
Expert
Contracts
Expert
Contracts
Expert
ACQUISITIONS
Expert
ACQUISITIONS
Expert
ADVERTISING
Expert
ADVERTISING
Expert
BANKING
Expert
BANKING
Expert
BUSINESS DEVELOPMENT
Expert
BUSINESS DEVELOPMENT
Expert
BUSINESS STRATEGY
Expert
BUSINESS STRATEGY
Expert
CONTRACT MANAGEMENT
Expert
CONTRACT MANAGEMENT
Expert
CUSTOMER RELATIONS
Expert
CUSTOMER RELATIONS
Expert
DRAFTING
Expert
DRAFTING
Expert
DUE DILIGENCE
Expert
DUE DILIGENCE
Expert
Venture Capital
Expert
Venture Capital
Expert
Technology
Expert
Technology
Expert
Law
Expert
Law
Expert
Deal Maker
Expert
Deal Maker
Expert
Contracts
Expert
Contracts
Expert

Languages

Arabic
Beginner