H-1B Cap Reached for 2010 Fiscal Year 12/24/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
By: Donald Parker & John Gallini
On December 22, 2009, the CIS announced that the H-1B cap for the 2010 fiscal year had been reached on December 21, 2009. Any H-1B cases received by the CIS after December 21, 2009 will be rejected and returned. The will place all cap-subject H-1B petitions that were received on December 21, 2009 into a lottery and winners will be chosen through a computer-generated random selection process. H-1B1 visas continue to remain available for Chile and Singapore citizens under their respective Free Trade Agreements. As you know, the CIS makes available 58,200 new H-1Bs each fiscal year, plus 20,000 new H-1Bs for foreign nationals with a Master’s degree or higher from a U.S. academic institution. We are currently projecting that the demand for FY 2011 H-1B visa allocation, which opens on April 1, 2010, will be heavier but that new H-1Bs will likely remain available for several months after the new H-1B filing season begins.
For the full article, please see MBBP’s Immigration Alert Newsletter.
Donald Parker Comments on the Future of Legal Billable Hours 12/24/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
A recent article in the Boston Business Journal discusses the state of bills in the legal industry. Many law firms are receiving requests for discounted hourly rates due to current financial pressures; however, few are giving in. A question has risen in regards to a possible change in the way firms bill their time. Donald Parker was asked to comment on the situation:
“Obviously, there’s been a lot of noise around this subject, and for good reason.” said Donald Parker of Waltham-based Morse Barnes-Brown Pendleton PC, which has about 30 attorneys. “The big firms really have had blinders on in the aggressive way they’ve continued to raise their rates. I doubt the billable hour is really dead because I think it is really hard to structure a lot of the work that outside counsel does around customary types of alternative fee arrangements, because there are so many variables.”
To read the full article, please visit the Boston Business Journal.
COBRA Premium Subsidy Extended 12/23/2009
Posted by Morse, Barnes-Brown Pendleton in Employment.add a comment
By Robert Shea
On Monday, December 21, 2009, President Obama signed into law a bill extending the federal COBRA health insurance premium subsidy for the unemployed. The legislation extends the nine-month 65 percent federal subsidy by six months. It also extends eligibility for involuntary terminations through February 28, 2010; the subsidy previously only applied to terminations through December 31. 2009.
The United States Department of Labor issues this statement on the COBRA subsidy extension.
Fox Business Discusses Health Care With Virgin Health Miles CEO 12/23/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
On December 15th, Chris Boyce, CEO of MBBP client Virgin HealthMiles discussed its health-care program on Fox Business. This initiative helps companies to incentivize its workforce to be fit through a rewards program associated with activity and exercise
To watch the entire video of the interview, please visit Foxbusiness.com.
NECN Features FableVision Founders 12/22/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
On November 27, New England Cable News (NECN) aired a segment on the creators of MBBP client FableVision. The story discusses founders Peter and Paul Reynolds and their mission to make the world a better place through media, storytelling and technology.
For the full video segment, please visit New England Cable News online.
Mid-Ohio Sports Car Course Joins iRacing 12/16/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
MBBP client, iRacing Motorsport Simulations has announced the addition of yet another renowned racetrack to their online inventory: the Mid-Ohio Sports Car Course. The Mid-Ohio Sports Car Course is a “comprehensive motorsports facility that has been called the most competitive in the U.S” and hosts many different local, regional and national racing events for amateur to professional drivers. In the summer of 2010, iRacing is expected to be adding the Mid-Ohio Sports Car Course to its repertoire, satisfying many members who requested the track. Soon, members from all over the globe will be able to race on this legendary speedway.
For the entire press release, please visit iRacing news.
USPTO Takes New Steps Toward Reducing Patent Application Backlog 12/15/2009
Posted by Morse, Barnes-Brown Pendleton in Client News, IP and Trademarks, Legal Developments.add a comment
The U.S. Patent and Trademark Office (USPTO) recently announced new measures which are being implemented in an attempt to reduce the current backlog of unexamined patent applications. New patent applications filed with the USPTO are normally taken up for examination in the order in which they were filed. Currently there are more than 700,000 patent applications before the USPTO awaiting examination, and it takes the USPTO over two years to issue a first office action examining the application.
The initiative provides small entity applicants (e.g., individual inventors, non-profit corporations or business entities having less than 500 employees) an opportunity to have their unexamined patent applications accorded special status under the Patent Application Backlog Reduction Stimulus Plan and examined out of turn. To be accorded special status, however, the small entity applicant must expressly abandon another unexamined patent application that is pending at the same time. Both the patent application for which special status is sought and the expressly abandoned patent application must either be owned by the same party or name at least one common inventor, and have been filed prior to October 1, 2009. It is anticipated that this procedure will provide small entity applicants having multiple co-pending applications the opportunity for greater control over the timeframe in which their applications are examined, while also meeting the USPTO’s objective of reducing the backlog of unexamined patent applications.
The procedures specified in the Federal Register notice by which applicants can accord their unexamined patent applications special status remains in effect until February 28, 2010, after which the USPTO may opt to extend such procedures to all applicants on either a temporary or permanent basis, or, alternatively, discontinue the procedures set forth in the notice.
Small entity applicants with multiple unexamined patent applications pending before the USPTO should consider whether the recently announced initiative to prioritize examination of eligible patent applications provides them with meaningful strategic advantages and whether such advantages outweigh the relative risks of expressly abandoning co-pending applications.
For more information, please contact Stanley Chalvire.
Validity of Public Company Accounting Oversight Board Called Into Question 12/10/2009
Posted by Morse, Barnes-Brown Pendleton in Legal Developments.add a comment
By Mark Tarallo
On December 7, the United States Supreme Court heard oral arguments in a case that called into question the validity of the Public Company Accounting Oversight Board (PCAOB), where the ultimate decision could have far-reaching consequences for some of the reforms enacted pursuant to the Sarbanes-Oxley Act of 2002. The case, Free Enterprise Fund v. Public Company Accounting Oversight Board, Docket No. 08-861, raises a number of questions about the constitutionality of the PCOAB.
The PCAOB is a private organization that establishes accounting standards, takes enforcement actions, and registers public accounting firms to work on public companies. The Board was created pursuant to the Sarbanes-Oxley Act to provide stronger oversight to public accounting firms, to combat a perceived weakness in the self-regulatory framework that led to cases involving significant financial fraud such as Enron and World Com.
The case was brought before the Supreme Court by a group of plaintiffs who argued that the PCAOB violates the separation of powers clause of the United States Constitution, on the grounds that it is an “executive branch” agency over which the President does not have direct control.
This case is important because of the potential for changes to the broader Sarbanes-Oxley framework if the PCAOB is determined to be unconstitutional. In that event, Congress would need to reestablish the PCAOB, and a number of other provisions of Sarbanes-Oxley may be subject to revision as part of that process.
A decision on the case is expected in spring, 2010.
Please click here for the full article or contact Mark Tarallo for more information.
Patent Office Gives Green Light to Green Technologies 12/10/2009
Posted by Morse, Barnes-Brown Pendleton in IP and Trademarks, Legal Developments.add a comment
In a move welcomed by companies and entrepreneurs active in “green” technologies, the U.S. Patent & Trademark Office announced on December 8th the creation of a one year pilot program designed to speed the examination of patent applications covering green technology inventions. Under the pilot program, the first 3000 patent applications in which a proper petition to accelerate examination is filed will be taken up for examination out of turn; accelerated examination is expected to reduce the time to obtain a patent by up to a year. Qualifying technologies include inventions relating to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction. The PTO may extend the pilot program with or without modification beyond December 8, 2010, based on feedback from participants and the effectiveness of the program.
Further information can be found at http://www.uspto.gov/news/pr/2009/09_33.jsp and http://www.uspto.gov/patents/law/notices/74fr64666.pdf.
For more information on our Patent Practice, please contact Lisa Treannie.
Howard Zaharoff Interviewed on the Topic of Copyright 12/09/2009
Posted by Morse, Barnes-Brown Pendleton in Attorney News.1 comment so far
In an interview with Today’s Writing Community, Howard Zaharoff provides readers with basic information about copyright law, including topics such as copyright infringement, when you may use copyrighted information, how to ask for permission to use copyrighted information, and how to protect your own work.
For the full interview, please see the article posted on Today’s Writing Community.
For more information on Copyright Law, please contact Howard Zaharoff.
Public Companies Going Private 12/07/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
MBBP attorney Jeffrey Steele analyzes the various motivations a public company may have to go private, and the pros and cons of this move. He then elaborates on two different approaches a company can take to go private should they decide it is in their best interest.
Click here to read the full article.
For more information on going private, please contact Jeffrey Steele.
iRacing Welcomes Oran Park Raceway and Circuit Zolder as Virtual Racetracks 12/03/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
On November 30, 2009, MBBP client iRacing announced two new virtual racetrack additions to their online digital race simulator: Australia’s historical Oran Park Raceway and Belgium’s Circuit Zolder. iRacing is proud to not only preserve these tracks in a virtual world, but also to be able to allow racing enthusiasts all over the globe to appreciate and experience all the twists and turns of these famous raceways.
For more information on the virtual tracks, please see iRacing.
If you would like to learn more about the historical raceways, please see Oran Park Raceway or Circuit Zolder.
Recapping the Conference on Clean Energy, and Looking Ahead to Copenhagen 12/02/2009
Posted by Morse, Barnes-Brown Pendleton in Clean Tech, Events.add a comment
Government funding and sponsorship has long been a key component of the clean tech outlook, but the recent 5th annual Conference on Clean Energy showed that it has taken on an unprecedented prominence.
Each year, the conference features a set of panel discussions focused on investment issues. This year’s conference featured no less than 4 such panels: one each on VC investment, angel/seed funding, financing community-based renewables projects and ARRA and other government funding. Perhaps unsurprisingly, government funding opportunities and issues seemed to be the focus of everyone’s interest, and this panel was among the best attended on the conference. Even the panel discussions ostensibly focused on private investment drew numerous panelist comments and audience questions on coordination with government funding.
The conference reinforced the point that for many clean tech startups, the federal government is currently playing the role of VC of first resort. The combination of the current moribund level of VC activity, federal stimulus spending and government incentives for energy development and adoption mean that no clean tech entrepreneur can afford to overlook this source of capital. (Some clean tech entrepreneurs operating in this environment are deciding that they need to enhance their government relations and technical grantwriting expertise. Also, companies that do obtain funding under ARPA-E or other programs are learning that the process of negotiating, administering and complying with the terms of a government contract can require attention to new legal, accounting and operational details. In future posts we will examine some of these factors further.)
On another front, all eyes will be on Copenhagen next week, where thousands of people, including many from New England, will gather to work on a global framework to address climate change. For many in the clean tech community, no amount of government funding domestically will make any difference without a broad-based agreement to reduce and manage carbon emissions. It remains to be seen whether and how the UN conferees and the intense level of grass roots interest will affect the political debate on U.S. climate change legislation that will follow the COP15.
For more information on MBBP’s Clean Tech Practice,
please contact Jerry O’Connor.
Shire Files for Approval of Drug in EU 12/02/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
MBBP client Shire submitted an application for approval of its new drug target, velaglucerase alfa, with European regulators. This drug provides enzyme replacement therapy for those suffering from Type 1 Gaucher Disease. Shire’s drug has already been fast-tracked by U.S. and Canadian regulators due to the global shortage of its rival Genzyme Corporation’s alternative, Cerezyme. The European review will begin this month and will take 150 days.
For more information regarding Shire’s EU drug approval, visit Mass High Tech.
For the full press release, please see Shire’s website.
Adapteva Raises $1.5 Million in Series A Financing 11/30/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
MBBP Client, Adapteva, creator of “programmable, low-power microprocessors for specific niche applications”, succeeded in raising $1.5 Million in its first round of institutional funding. Founder Andreas Olofsson believes this should be the only funding the company needs.
MBBP served as counsel to Adapteva and advised it in connection with the structuring, negotiation and documentation of this transaction
MITX Honors Conover Tuttle Pace with 2009 Technology Award 11/24/2009
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
The Massachusetts Innovation and Technology Exchange (MITX) awarded MBBP client, Conover Tuttle Pace with the 2009 Technology Award at the 14th Annual Interactive Awards held on November 19, 2009. CTP earned the award for their design and development of Microsoft New England Research & Development Center’s website.
Congratulations Conover Tuttle Pace!
For more information on their award, see the MITX awards site. If you would like to view their winning interactive website, see Microsoft New England.
Shea and Cavaretta to Speak at BBA 11/23/2009
Posted by Morse, Barnes-Brown Pendleton in Events.add a comment
Robert Shea will be presenting at a brown bag lunch program at the Boston Bar Association on December 1, 2009 at 12:30 P.M. The program, titled “The Current State of the Law for Using Independent Contractors in Massachusetts”, will involve a roundtable discussion led by Robert and Harold Lichten of Lichten & Liss-Riordan, P.C. regarding the benefits and pitfalls of using independent contractors in Massachusetts. They will further highlight relief wrongfully classified workers can pursue and steps employers can take to minimize their risks. The event is sponsored by the BBA’s Labor and Employment Section.
If you have any questions involving employment law, please contact Robert Shea.
If you would like more information, please visit the Boston Bar Association’s Labor and Employment Section, email Membership@bostonbar.org or call 617-778-2040 x3.
Also on December 1, 2009, the Boston Bar Association is hosting the event “Entertainment Law Practice in the Digital Age: New Developments”. MBBP Attorney Michael J. Cavaretta has been asked to speak as part of a panel of professionals who will discuss their practices and how advancement in technology has affected their day to day practices. They will cover a range of entertainment fields including sports, publishing, and music. Michael will cover the topic of video games. The event begins at 4:00 P.M. at the BBA.
If you would like more information in regards to the event, please visit the Boston Bar Association page.
For further information on Entertainment Law, please contact Michael J. Cavaretta.
Employment Law Alert: The Genetic Information Nondiscrimination Act Takes Effect on 11/21 11/19/2009
Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.add a comment
On November 21, 2009, the Genetic Information Nondiscrimination Act of 2008 (“GINA”) takes effect. GINA applies to employers with 15 or more employees and protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members. The U.S. Equal Employment Opportunity Commission (“EEOC”) has revised its “Equal Employment Opportunity is the Law” poster to add information about GINA.
Further information about GINA is available on the EEOC website.
Additionally, employers can comply with their posting obligations by obtaining the new “EEO is the Law” poster by clicking here.
For more information on employment issues relating to this topic, please contact Scott J. Connolly.
MBBP and MedTech Invite You to Join Us for Legal Office Hours: Corporations 101 11/17/2009
Posted by Morse, Barnes-Brown Pendleton in Events.1 comment so far
MBBP and MedTech IGNITE are sponsoring Legal Office Hours for MedTech Startups: Corporations 101, an event which will include a presentation by Peter Barnes-Brown, a corporate partner at MBBP. He will discuss the “basics of doing business in the corporate or limited liability company form”, as well as how they are structured and their various constituencies. The presentation will be followed by a question and answer session and conclude with networking and private consultations.
The event will run Monday, December 7, 2009 from 5:00-7:00 P.M at MBBP.
For additional information please contact Amy Fredrick, Fredrick@massmedic.com.
To register for this meeting, please send an e-mail to info@massmedic.com. In the subject line put 101.
When it Comes to Immigration, Does the Right Hand Always Know What the Left Hand Will Do? 11/16/2009
Posted by Morse, Barnes-Brown Pendleton in Legal Developments.add a comment
By Donald W. Parker and John J. Gallini
U.S. Citizenship and Immigration Services (“USCIS”) is now trying to streamline a process made more complex by the U.S. Department of Labor (“USDOL”). A requirement for the filing of any H-1B visa petition is the advance receipt of a certified Labor Condition Application (“LCA”) from the USDOL. Until 2009, these Applications, which contain attestations by the employer about the salary to be paid to the sponsored foreign worker and her working conditions, were submitted electronically, reviewed by a computer and certified within seconds of the time of submission if filled out properly. In the Summer of 2009, the USDOL changed the process by which an LCA could be certified by requiring a human review of each Application submitted and an independent verification of the validity of the employer’s Federal Taxpayer ID number. These changes have caused delays in the processing of LCAs which now take 7 to 8 days to be certified and can take several weeks more if there is a delay in verifying the employers Taxpayer ID number.
What this has meant is that H-1B cases, that previously could be filed with the USCIS within a day or two of beginning the paperwork processing, are now taking a week to two and in some cases three weeks to be filed while the employer waits for a certified LCA from the USDOL. In response, earlier this week, the USCIS announced that it would accept H-1B visa petitions without a certified LCA so long as the employer could provide evidence that the LCA had been filed with the USDOL at least 7 days prior to the date of submission to the USCIS. This will obviously help in ensuring that H-1B cases that need to be filed on an emergency basis can be filed at least within a week of the LCA filing. It also reveals an interesting interplay and possibly friction between the USCIS and the USDOL – the USDOL insists that LCAs must take longer to be certified because of the need for human review and the USCIS responds by bending the requirement of a certified LCA for an H-1B visa petition.
The ultimate friction is that if the USDOL denies the LCA after an employer rushes to file the H-1B visa petition, the employer could lose not only the H-1B but also the substantial filing fees it paid to secure that H-1B. Clearly there are a number of questions that will need to be resolved with the announcement of this new policy by the USCIS before employers can feel comfortable taking advantage of it.
For more information on this topic, please contact Donald W. Parker or John J. Gallini at 781-622-5930.
