Intellectual Property

Robert A. Cherry

Of Counsel
713.917.0024
robert.cherry@dtlawyers.com
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Biography

Robert helps founders, creatives, and growing companies navigate complex business and intellectual property issues with clear, actionable advice. Licenses in Texas and California, his practice spans entity formation and governance, capital raising and securities compliance, M&A, outside general counsel services, and strategic litigation across media, hospitality, tech, and consumer-product sectors.

Before practicing law, Robert co-founded Fine Southern Gentlemen, a screen-printing and apparel company that grew from a garage operation to a 50+ employee business with multiple retail locations. Robert also spent years as a touring and recording musician having songs appear in films, TV shows, and ad campaigns, and he has been featured in Rolling Stone and Pitchfork.

Outside the office, Robert spends time on his small East Texas farm with his wife and daughter, where he can be found feeding cows, mending fences, or chasing his dogs. He still writes and records music, occasionally performs live, and likes to work on old cars and small welding projects.

Representative Matters

  • Company formation & governance: formed and restructured hundreds of multi-owner LLCs and corporations; built full governance stacks (charters/bylaws/operating agreements), buy-sell mechanics, transfer restrictions, and customized voting/control arrangements for founders and investors.
  • Capitalization: engineered cap tables and waterfalls; prepared PPMs, subscription packages, SAFEs/notes, and security agreements; handled Reg D filings and investor communications.
  • $50M secured convertible raise (energy): led structure, collateral package, intercreditor issues, and conversion mechanics to balance down-side protection with equity-upside for investors.
  • $50M equity raise (hedge fund): launched the vehicle, drafted offering/LP docs, and stood up a practical compliance program to satisfy LP diligence.
  • $15M equity raise (digital asset fund): addressed custody, AML/KYC, and evolving regulatory risk; structured token-exposure language that aligned with platform realities and investor expectations.
  • $7.5M equity raise (private equity fund): negotiated sponsor economics, GP/LP governance, and incentive alignment; built subscription and closing workflows to streamline commitments.
  • $8.6M multi-round financings (energy-tech): converted SAFEs/notes, protected pro-rata rights, and cleaned up the cap table to facilitate follow-on capital and strategic partnerships.
  • $6.2M mixed equity/convertible financing (adventure park): tailored milestones and pricing protections; coordinated vendor contracts, site/lease issues, and operational licensing.
  • $6.6M equity + convertibles (agriculture): paired growth capital with supplier, equipment, and offtake agreements; negotiated board rights and information covenants for investors.
  • Additional raises $500k–$4M: closed numerous SPVs and company rounds across restaurants ($3.5M, $2.35M), energy projects, brewery ($1.75M), medical device ($1.25M convertible), beverage, and music tech; also ran a sealed-bid liquidity process on Nasdaq Private Market to clear secondary sales efficiently.
  • Sell-side M&A—$30M stock sale (mortgage business): managed pre-close clean-up, licensing/regulatory coordination, and a nuanced earnout to bridge valuation gaps.
  • Sell-side M&A—multiple exits $500k–$8.75M: asset and stock deals across pet products, data/analytics, tech, electrical, beverage equipment, engineering, AI/education, personal care, consulting, restaurant, staffing, pest control, and DTC apparel; negotiated escrows, special indemnities, and post-closing transition services.
  • Buy-side M&A: acquired event-venue assets ($2.7M), digital marketing firm (stock, $2.5M), AV business assets ($1.2M), cosmetics assets ($700k), a solar company (stock), and a 10-hotel franchise system (assets); handled franchise approvals, landlord consents/estoppels, and integration of employees and key contracts.
  • Day-to-day commercial contracting (sales rep, contractor, employment/offer letters), software dev/hosting & mining agreements, venue/sponsorship/event, BD/referral, brokerage, and fund admin; built scalable templates and playbooks.
  • Compliance & IP: managed trademark portfolios and brand policing; drafted NDAs, website terms/TOS/EULAs; implemented privacy programs (GDPR/CCPA/HIPAA) with DPAs, data maps, and DPIAs; advised on ’33 Act, Advisers/Company Acts, Lanham/Copyright, FCPA, FDCA, and practical state-law analogs.
  • Trials & arbitration: obtained seven-figure copyright judgments against national retailers and a seven-figure arbitration settlement against a prominent energy company; led strategy from pleadings through dispositive motions and resolution.
  • Dispute resolutions: secured numerous five- and six-figure settlements in IP/contract matters against real estate platforms/brokerages, galleries, retailers, media/design firms, accounting firms, home builders, a luxury window/door maker, an auto dealership, and a Grammy-nominated band—often pre-suit through targeted demand packages.
  • Motion practice wins: won summary judgment on liability in a copyright case; defeated an MSJ to force a favorable settlement; obtained remand, contempt/sanctions; beat motions to compel arbitration and to stay pending interlocutory appeal (and won the appeal), and defeated a motion to strike an expert.