About

Biography

Since 1993, I have represented hundreds of businesses and individuals in a variety of industries – start-ups (tech and non-tech), real estate brokers, fast-food and slow-food restaurant owners/franchisees, mortgage brokers, real estate developers, homeowners (both in and out of trouble), yoghurt shops, big data, food manufacturers, distributors, advertising/media agencies, jewelers, wineries, clothing stores, bars, doctors, dentists, plumbers, other lawyers, acupuncturists, daytraders, roofers, scientists, bicycle shops, aerobics studios.

 

Prior to establishing David Herzog Legal, I was an attorney at Pinnacle Law Group in San Francisco, where I continued my representation of clients in business, real estate, tax, and intellectual property matters. Before joining Pinnacle, I worked with firms in Oakland, Alameda, Fremont, as well as San Francisco. Working with different demographics in the San Francisco Bay Area has given me a comprehensive view toward reaching a client’s specific goals. No two clients, or solutions, are the same.

 

My sub-specialty in tax was firmly established when I received the California State Bar’s certification as a tax specialist while working with Karen Hawkins, a nationally-recognized leader in tax controversy. I have advised and represented taxpayers (individuals and businesses) in their disputes and settlements with federal, state, and local agencies.

 

I earned my law degree at Golden Gate University. Prior to law school, I earned a Masters Degree in Creative Writing from Johns Hopkins University, wrote resumes for professionals and trades people, jumped out of an airplane (not tandem), worked on the floor of the Toronto Stock Exchange as a post-boy, and showed my pet Dalmatians – one (named Zelda) to her championship.

 

I enjoy weightlifting, biking Oakland’s Lake Merritt, geeky gadgets, the latest apps, audio books, my family, 5-Star Yelp reviews, and Pandora. I grew up in the Toronto-Niagara area of Canada; here’s an excerpt from the report card written by my Kindergarten teacher in Canada, which still holds true: “David talks constantly. He appears interested in all our work and is always enthusiastic and helpful. He is inclined to be saucy.” Words to live by.

What I Do

I provide individuals, startups and small businesses with their go-to lawyer for all-things legal, from formation advice, to contracts, to funding and financing, corporate governance and operations.

 

My approach is no-nonsense, up front, and direct. That way, you can make informed decisions about your company, and explain it to your employees, vendors, and investors or partners.

 

My State Bar certification in tax means that you have a business advisor who also understands tax structures and personal income tax issues. You’ll also have access to trademark and copyright protection advice with my extensive experience in intellectual property matters.

Awesome Testimonials

David - Thanks for being someone who I trust to refer people to.
Verita Molyneaux, Business Attorney, San Francisco, CA
He was incredibly responsive, helpful, and generous with his knowledge and time. He ultimately said that I probably wouldn't need to hire a lawyer. It's rare to find such integrity and generosity in a service oriented business, and I was deeply grateful.
Anna C.
David knows his stuff, is efficient with your time and communicates complex legal concepts in an intelligible way. He handled some thorny questions I had around a real estate transaction professionally, quickly and clearly. He also was very responsive to my request and gave me some time during a very busy season for him.
Rick B.
It's hard to find people these days who will respect you, answer your questions and steer you away from them if they feel now isn't the time to work with them. Most would rather take your money. David is an awesome guy!
Etherence S.
Not only was he clear in everything he said, he also allowed me to speak my voice on any concerns. Basically, everything I prepared he went over without even knowing my questions. Simply put, David is a very knowledgeable lawyer. I highly recommend David for his expertise, professionalism, and the respect he shows towards his clients.
Roman Z.
I had a critical situation I needed some specific legal advice on prior to signature of documents. I was able to contact David and get the information I needed to be able to close a substantial transaction as well as additional advice on items for future consideration. David was prompt, cordial, and very knowledgeable. He also took the time to work with me over the weekend to facilitate an early Monday closure. I recommend David very highly.
Greg C.
Found David on Yelp and contacted him for a consultation on Intellectual Property matters; he was not available to help me but replied promptly with several references to other firms. He then also replied on a second message with a question I had.
Gieseppe S.
Needed urgent help on a niche issue. David called me right away, provided insight and gave me referrals to other professionals who were of help. Thanks a lot, David.
Sam G.
He was great about getting multiple opinions from accountants, employment attorney and various other experts. I highly recommend him! It's like having a really smart friend in your corner. Thanks for everything David!
Kathy A
A nice guy. David has excellent manners and wonderful business professionalism. He couldn't work on my particular case and took the time to give me several recommendations. Due to that I would specifically recommend him and work with him in the future.
Yelp Reviewer
David responded promptly and answered all my questions. I felt really comfortable discussing my situation with him.  He helped guide me as I find my way in setting up my business entity. He was very resourceful.  I would definitely use his practice.
Maria P.
He was able to unite various opinions and ideas into one cohesive document which was a rare skill.  He was also an unusually skilled writer which helped immensely.  He was wise, patient, financially fair, gave very quick responses, incredibly smart and made himself available on weekends if time sensitive. I couldn't have asked for a more positive legal experience.
Kim H. Petaluma, CA (Yelp Reviewer)
The thing that stood out about David was that I felt he respected me as a new small business owner and took all of my concerns seriously. We scheduled a free consultation over the phone about whether or not I should incorporate and he listened to my situation, didn't interrupt and then proceeded to answer my questions in a professionally warm, no BS way.
Etherence S.
David was very knowledgable, and he will definitely be the first guy I call if I ever need a real estate lawyer! Highly recommend him!
Anna C.
Thanks for the remarkably speedy response. I’m impressed!
Ed Hartnett, Prudential California Realty, Oakland
I very much appreciate professionals like David and strongly suggest his consultation and services.
J.T., San Francisco, CA
This is great David. Thank you. Exactly what I needed.
Jordan DeBrie, Heist Projects, San Francisco, CA
I knew I suggested the right guy.
Lawrence S. Smith, CPA, Smith and Company Financial Corporation
I would definitely recommend him to any friends or family members that might need his service in the future.
T.T., Mountain View, CA
During our meeting, he was able to guide me in the appropriate direction for my needs, and he promptly followed up with an email to check in post-meeting. I greatly appreciated feeling he was there to help me achieve my goals, and he was not trying to sell his services. He was a true consultative lawyer.
David M., San Francisco, CA
David Herzog is extremely helpful. I called up for some advise and guidance, and he gave it to me straight. I respected his respect for me as a potential client.
Jacinta K., Oakland, CA
Truly exceptional.  While creating a complex group LLC, David was a rare find.  After working on a project with him for almost one year, I am so grateful to have found him.  David is an incredible asset for one person, but it was his brilliant, balanced, nuanced tone and depth of knowledge that won everyone over.
Kim H. Petaluma, CA
On top of being a diligent and thorough attorney he is very personable and treats us with great respect despite our lack of legal knowledge.
Casey Ryan, Tickermine, Principal
I love the attorney I hired to create my business entity. He is knowledgeable, quick, reasonably priced and will guide you the right way. He comes highly recommended!
S. Lehnen, Envision Care Management, LLC, San Francisco Bay Area, CA
I was in need of some general advice on a tax situation I had with the IRS. David took the time to discuss my situation and advised me to handle the situation myself and to avoid incurring the high cost of hiring a lawyer. He quickly and concisely outlined a strategy for dealing with the IRS. Honest, no BS and a friendly and responsive guy. I highly recommend him.
Paul C., San Francisco, CA
I contacted David Herzog for advice regarding a complicated home purchase. He was able to guide me through the process, and informed me of any pitfalls. Would definitely recommend him to anyone looking to make a home purchase!
Bryan Y., Sunnyvale, CA
I love it. Love it. It’s all kinda happenin’. Thank God I have a kick-ass lawyer!
Heather Mason, A Caspian Production Inc.
He even took the time to read an article i had asked about - before we even formally engaged him. Based on my experience so far, David seems to be a man of high integrity who takes care that his clients receive good advice, and understand that advice. I look forward to working with him more.
Alan V., Fremont, CA
David is very articulate and treats his callers with high degree of professionalism. I am seeking legal advice on the short sale process of my property and he patiently listened to my story, answered all the questions I have, and pinpointed key concepts and materials that I can review to further my research. I highly recommend him.
Ed N., San Francisco, CA
Not only did he have a wide range of knowledge to answer my questions, but he was also able to give me some alternatives to my plans, and to anticipate what might happen if I did things one way or the other.
Svetlana Jassi, Simply Gorgeous Day Spa, Owner
Whether you're an individual who needs a tax attorney or a small business who needs business advice or a large company who needs someone to handle business transactions, David treats each potential client with equal diligence. Seriously, I would not be in business today were it not for him.
Molly Z., Slow Girl Foods, Oakland, CA
You were simultaneously personable and professional, which is a rare quality to find.
David M., San Francisco
I took a seminar where David taught on partnerships at the Alameda County Bar Association. Straight forward, concise and stimulating.
Jim W H., Sonora, CA
After a thorough discussion of my situation, he gave me some recommendations on what my next steps would be, even if those steps didn't involve hiring him. Believe me though, if I did have to hire a lawyer I would call him back in a heartbeat!
Etherence S.
He understood my situation out of the box, got right to the point, explained the issues clearly. And of course, his advice was sound! What more could you ask for from a tax attorney?
Sanjay G., San Jose, CA
I called him up for a consult since I owe my dirty Uncle Sam a considerable amount of money, and he gave me some very excellent advice over the phone on how to approach this. He seemed more interested in making sure I was properly educated on these matters rather than trying to make an easy buck.
Mike L., Vallejo, CA
The best word to describe David is Professional. We had a consultation scheduled over the phone, and as any normal person seeking advice from a lawyer, I came prepared with questions about many items regarding starting a business. As soon as we started the conversation, David took over the call and informed me of all legal matters necessary for the process.
Roman Z.
He has given me great advice on how I should set up my business, and has very practical business advice, even when it's not strictly from a legal perspective. He's incredibly responsive to my emails and phone calls, and he always follows through to make sure things get done. I would not hesitate for a moment to recommend David as an attorney for you or your business.
Susan Royce, Royce Printing, Oakland
David was a big help. I called him out of the blue and he took my call. I quickly explained my situation and he was able to guide me in the right direction. He was very helpful!
Joshua G., San Francisco, CA
David gave me a phone consultation that answered all of my questions about a potential lawsuit. I really appreciated his honesty and directness.
Sara L., San Francisco, CA
Great guy! I called his office and he answered the phone, was very very helpful in answering my questions and referred me to a resource that could help me.
S.S., San Francisco, CA
Thanks for all the help. It would not have been so smooth without you.
Gary Scoma, Elk Grove, CA
The information obtained today was exceptional and you really educated the team on the importance, concerns, and how the transaction documents should be structured.
Marlon Sullivan, President, Spanatix, Inc.
You are a miracle worker.
Elyce Zahn, The Zahn Group, Inc., San Francisco, CA
He has given me plenty of good advice about my small business in Oakland. His knowledge base is extensive, from tax to business to corporate to real estate to intellectual property, as well as general probate matters.
Susan Royce, Royce Printing, Oakland
David was great at answering all of my questions, whether it was about the new lease on my space (and later renewing the lease), whether I should incorporate my business, questions about partnerships and employees, and some issues around taxes.
Svetlana Jassi, Simply Gorgeous Day Spa, Owner
David Herzog is extremely helpful. I called up for some advice and guidance, and he gave it to me straight. No tricks to get me to come in and pay him any money, but straight up advice. I respected his respect for me as a potential client.
Jacinta K., Oakland, CA
David is our attorney and he has done a great job dealing with the very unusual situations that start-ups get themselves into. He is forward thinking - he tries to think of problems before they arrive and prepares us well for actions we need to take and let's us know what steps we do not need to take at times.
Casey Ryan, Tickermine, Principal
I feel that my family is in a much more educated place from which to move forward. Thank you David!
Dylan O., Sausalito, CA
What I like most is his ability to make hard-to-understand business and legal concepts easily understood by the layperson. His advice has been spot on and even when I've posed non-legal questions, he has found the answer and provided it.
Molly Z., Slow Girl Foods, Oakland, CA
David is awesome in the sense that he cares enough to explain to you any/all questions you have regarding accounting and taxes. He’s definitely a guy you want to work with if you need help for accounting purposes specific to a company. He's great and I'll use him when needing more help with my startup!
Riz A., San Francisco
Thanks David. Your advice was sensible, expert, and timely!
Matt H., San Bruno, CA
My business partner and I have been trying to educate ourselves on, and seek help with, asset protection and structuring our business for growth. David was by far the most prompt, thorough, and candid with his answer.
Alan V., Fremont, CA
I called David to help with my tax issue, he was generous with his time on the phone and gave me some excellent, thoughtful advice which I appreciated a great deal.
Jefferson C., San Francisco, CA
David has a vast network of professionals (accountants, bookkeepers, business insurance agents, etc.) so that you do not have to renew your search for each aspect of your business.
Molly Z., Slow Girl Foods, Oakland, CA
David was a little busy at first so it took a call to remind him that I had sent an email earlier, but once I left a message, he emailed me back right away and we set up a time to talk on the phone. Get this - on a Sunday of the Big Game. "Oh, right, just like that other lawyer who took the time out of his weekend to do a free consultation," said no one ever. I had a barrage of questions, all of which David competently advised me on, from what I can tell. They involved W2s, W9s, 1099s, LLC protection and benefits, DMCA, getting taxed as an S-corp, paying yourself in a single member LLC, dealing with accounting, and various strategies related to running a single member LLC. I got thorough answers to everything. Thank you, David, so far contacting you was probably the best advice I gave myself this year.
Artem R., San Francisco, CA
I love Yelp, but I have to confess that I have never written a review before. Very rarely has anything really impressed me enough to cause me to write a review. Until now. My real estate agent had suggested I speak to a lawyer concerning my rental property to seek legal guidance regarding possible implications of the latest federal acts that could affect the sale of the property.
I emailed David a short note on the situation and he replied within the week requesting that we setup a free consultation by phone. We agreed on a time for a quick phone call. During the consultation, he was very knowledgeable of current federal acts. He was also very thorough and reviewed the situation with me in multiple ways to ensure I understood the implications from various possible scenarios. Based on this positive experience, I would not only call on him again but I would also recommend him to anyone in need of tax or real estate legal help.
Khai N., San Francisco
Wow, what a stand-up guy!
T.T., Mountain View, CA
I am incredibly impressed with your turnaround time, your prioritization of my issues, and quality of work. All are absolute top notch.
Heather Mason, A Caspian Production Inc.
I had a phone consultation and David was very honest, professional and very helpful with my difficult tax situation.
J.T., San Francisco, CA
David is a very knowledgeable and honest man, it's hard to find people like this these days.
Mike L., Vallejo, CA
Compared with other lawyers I dealt with, David does not have the "lawyer" attitude :-)More importantly, you can trust him to represent your very best interests. I will recommend David Herzog to anyone requiring legal advice on tax-related issues.
LL I., Morgan Hill, CA
My start-up would not be the success it is today had it not been for David's excellent business advice on accounting matters, business structure set-up, tax advice, trademark search and general business advice.
Molly Z., Slow Girl Foods, Oakland, CA
I am incredibly impressed with your turnaround time, your prioritization of my issues, and quality of work.  All are absolute top notch.
Heather Mason, A Caspian Production Inc.
I called David for some tax questions and he was very helpful and knowledgeable.  I like the fact that he didn't try to sell me unnecessary legal services and he answered all of my questions in his initial consultation.
John H., Foster City, CA
I found him to personable and straightforward. His recommendation will allow me to take a very practical less expensive approach to addressing this issue. David, thanks for your advice.
Stephen L., San Francisco, CA
It was immediately obvious to me that he is a very well versed and experienced attorney. He was able to quickly and efficiently outline for me various options and ways I could proceed. All of this occurred during our initial conversation. If you have a legal question, I would give David a call.
Sara T., San Francisco, CA
I called David yesterday and wow I was so impressed. He was so kind, patient and informative. I am a single mom who is trying to set up a business to take care of my son and I. And boy was David helpful!
Yen A., Dublin CA
From asset protection to tax benefits to legal issues to all sort of different strategies and advice that can be utilized to maximize your investments, David can do it all, and he does it very well. He is a very, very sharp dude.
Shawn C., San Francisco, CA
He gave me his best thoughts, was candid in his assessment. He was honest in what he knew and also in the areas that were outside his expertise. Thanks David! Much appreciated.
Sunil M. San Francisco, CA
He put a lot of effort into understanding my issue, and gave me many perspectives on resolving the issue.  I like "right answers" and I feel like he provided these for me.  I will keep David's number by my desk as a top choice to call when I need legal services.
John H., Foster City, CA
He provided me with a number of self-help solutions first and suggested I follow-up with him if I still need assistance.  A quick phone call that didn't waste my time and got me facing the right direction and with solutions in hand.
J.T., San Francisco, CA
In two minutes of phone conversation, David outlined what applied to me and clarified the process to my understanding. If you are looking for a tax lawyer, David is the one! He will walk you through the process with patience and knowledge!
Yen A., Dublin CA
David took the time to really understand my concerns at hand and gave me some sound advice.  Today's conversation was surrounding taxes, but now that I've had this great experience, my next dealings with David will be around real estate investments.
L.L., Folsom, CA
David was great in assisting me and my partner with our upcoming apartment building purchase; specifically issues relating to RDP's and property ownership.  Highly recommended!!
Ian H., San Francisco, CA
During the consultation, he was very knowledgeable of current federal acts. He was also very thorough and reviewed the situation with me in multiple ways to ensure I understood the implications from various possible scenarios. Based on this positive experience, I would not only call on him again but I would also recommend him to anyone in need of tax or real estate legal help.
Khai N., San Francisco
In spite of the fact that he became involved in the middle, he got quickly up to speed, and has significantly contributed to what looks likely to be a good mutually beneficial result among the parities. I would certainly recommend David to anyone needing quality advice or representation.
Sid J.
If you are serious about your business, serious about your bottom line, serious about protecting yourself, then you better get serious about who you hire and/or represents you. David is the missing link. You guys can be sure to see me in his office as our business grows, possibly even sharing a few laughs together. Thanks a bunch, David. You the Man.
Shawn C., San Francisco, CA
He comes across as an ethical and trustworthy professional. I needed a consultation and advise on a possible short sale transaction. I felt educated but not patronized. He was very helpful and even suggested that it wasn't necessary for me to hire him but an enrolled agent was really what I needed with less the cost.
T.T., Mountain View, CA
David has been a strong advocate and resource for our business. During a terrible economy our business has made significant progress and we could not have done it without David's strong advice, rapid turnaround on important initiatives and valuable business advice and support. He is a superb attorney and a valuable part of our team.
Casey Ryan, Tickermine
Here is a man with integrity and honesty, and qualities like this are what you definitely want when trusting someone to represent your very best interests. I will recommend David Herzog to anyone requiring legal advice on tax-related issues. Thank you, David. Your referral seems to be working out well and I deeply appreciate your help.
John G., San Mateo, CA
David is absolutely top notch!  As an attorney myself, I very much appreciate the expertise and efficiency that David brings to the table.  David helped me with the SEC compliance work for a private offering we were making on a film project.  He was fast and efficient.  I would refer anyone to David.
Erik Newton, Heath-Newton, San Francisco, CA
I had a barrage of questions, all of which David competently advised me on, from what I can tell. They involved W2s, W9s, 1099s, LLC protection and benefits, DMCA, getting taxed as an S-corp, paying yourself in a single member LLC, dealing with accounting, and various strategies related to running a single member LLC. I got thorough answers to everything. Thank you, David, so far contacting you was probably the best advice I gave myself this year.
Artem R., San Francisco, CA
Here's what David did for us: 1) Debunked all the false advice we have heard. 2) Gave us all the explanation we needed, and then some, even when we didn't ask. 3) Broke down many, various scenarios we may find ourselves in within the next year of our business. This helped to forecast solutions to potential problems in the near future. 4) Didn't hesitate to give straight answers to complex questions. 5) Made us laugh.
Shawn C., San Francisco, CA
Mr. Herzog gave me some great counsel via e-mail and phone time. I am a small business owner in SF and needed some clear, cogent advise for an upcoming real estate review. While our time was limited, he dove straight into the issues and helped me sort out the fact from fiction, the current law from folk wisdom. He provided me with the confidence of my position, and things went smoothly after that. Thanks David and I would gladly work with you again!
Peter W., San Francisco, CA
I called David for a preliminary consult on our business structure and tax strategy. I found him extremely helpful, intelligent and was able to break down our next steps succinctly. Above all, it was simply a pleasure speaking with him and he's certainly won our business. www.quickschools.com
Azreen L.
David was amazing!! I emailed him to have him review a commercial lease I was about to sign. He emailed within a couple hours with his flat rate which was more than fair. Two days later I was completely overwhelmed with his detailed notes and suggestions. Thank you David!!
Derek N., San Francisco, CA
Thank you again for all your help and fantastic advice as I was getting started. Digital Handiwork
Danielle Kugell, CEO
I am now confident in what I need to do to deal with the IRS and didn't have to waste time or money. What a fabulous service and a great guy of high integrity. If I need this kind of service in the future he will be the first person I call.
Lori M., San Francisco, CA
David was prompt, available and very helpful to me. He ended up referring me to a local specialist, but I was very pleased with his knowledge and professionalism. I'd recommend him.
April A, Berkeley, CA

Past Gigs & Seminars

Panel Member, Legal Advice for Startups

Efactor (an international entrepreneurs network), San Francisco, California, February 8, 2012

Speaker, The Accidental Partnership: Getting Into, and Out of, De Facto Partnerships

Bar Association of San Francisco, San Francisco, California, January 11, 2011, 12:00 pm – 1:30 pm

Speaker, LLC or Inc.? Entity Selection for a Small to Medium Sized Business

National Business Institute, San Francisco, California, December 7, 2010, Full Day

Speaker, The Accidental Partnership: The Pitfalls of Informal Business Relationships

Alameda County Bar Association, Oakland, California, May 2010

Representative Matters

  • Represented California food manufacturing company as the target in a multi-million dollar acquisition.

  • Represented a local SF Bay Area real estate company in purchasing one of the five largest SF Bay Area real estate brokerage companies.

  • Represented company in its negotiation of the installation of a solar panel field to generate energy for its facility.

  • Represent a big box liquor store retailer in its commercial leasing.

  • Advised and represented company in complex and intensely negotiated international representation/finders fee agreement.

  • Formed hundreds of entities.

  • Represented various businesses in obtaining friends, family, angel and VC investments.

  • Drafted complex Terms of Use for high-exposure websites.

  • Represented LLC member in contentious partnership breakup.

  • Represent challenged taxpayers in becoming compliant with local, state, and federal taxing agencies.

  • Prevailed in representing a company against the California Employment Development Department in dispute over characterization of worker as independent contractor or employee.

  • Represent taxpayers in Offers in Compromise.

  • Advise taxpayers on tax consequences of foreclosures, short sales, and deeds in lieu.

  • Advise foreigners regarding investment and work visas.

Representative Clients

  • Pacific Union International

  • U-Sushi

  • Yoppi Yogurt

  • Burger King Franchisee

  • ODE Magazine

  • TickerMine

  • A Caspian Production

  • Royce Printing

  • Simply Gorgeous Day Spa

  • Slow Girl Foods

  • streamlinevents

  • Heist Projects

  • Hutch Restaurant (Oakland)

All 5-STAR reviews.

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