Whitehead Institute for Biomedical Research Scientists Discover Powerful Gene Regulators 05/07/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: cancer cure, gene regulators, Whitehead Institute for Biomedical Research
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On April 11 MBBP client Whitehead Institute for Biomedical Research announced its scientists have discovered a set of powerful gene regulators that control cell state and identity which they named “super-enhancers”. They found that healthy cells employ these “super-enhancers” to control genes responsible for cellular functions and developmental transitions, but cancer cells hijack their own super-enhancers which are used to overproduce harmful oncogenes that lead to aggressive tumors. Whitehead Institute member Richard Young had this to say of the discovery:
Looking at large genome association studies, one can find disease-related mutations occurring in super-enhancers. It’s possible that super-enhancers could become biomarkers that identify key disease genes and help guide the development of approaches to treatment.
To learn more, please view the full press release here.
The Webby Awards Honors Flud 05/06/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: FLUD, made by rabbit, news app, webby awards
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On April 9, MBBP client Made by Rabbit, Inc. announced it’s product, Flud, has received two Official Honoree awards at the 17th Annual Webby Awards. Flud, one of the leading personalized news apps available for the iPhone, was recognized in both “Best Practices” and “Best Web Service & Application” categories for its new web application. The Webby Awards is the leading international award honoring excellence on the Internet including Websites, interactive advertising and online film and video.
Congratulations Made by Rabbit!
Track180 Announces the Launch of its News App for iPad 04/30/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: ipad app, news resource, track180
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MBBP client Track180, Inc. announced today the launch of its debut news app Track180 on the iTunes store. Track 180 offers news in a different format from other apps by offering news from differing perspectives and inspiring reader participation when exploring the issues. It also offers users an in-depth look at some overlooked topics using a totally new, elegant, and efficient visual display. In a recent article at Mashable, Drue Hontz, Founder and CEO of Track180, had this to say of its new app:
We offer that deeper look of things and also get the flavor of multiple perspective. The vision for the app is to provide a new media resource to help educate and entertain readers about news that might not yet be on their radar.
Congratulations Track180!
To read the full article, please visit Mashable.
USPTO Grants Location Inc Patent for Nationally Comparable School Quality Index 04/29/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: national assessment, nationally comparable school quality index, no child left behind
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On March 12th MBBP client Location, Inc. announced it had received a patent for the first ever Nationally Comparable School Quality Index. Previously, a direct comparison of school performance across state lines was not possible, due to the wide variations in content and difficulty of the No Child Left Behind (NCLB) tests, which are different in every state. Location, Inc.’s Dr. Andrew Schiller developed an algorithm that quantifies and compares how students in each state score on the state-NCLB, and how students in the same state score on the National Assessment (NAEP). The difference, which is unique to each state, is used to align each school and district test scores across the nation, and then they are ranked to bring all to a nationally comparable rating.
Congratulations Location, Inc.!
Major Honor Presented to MBBP Marketing Department at National LMA Conference 04/18/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, MBBP news.Tags: legal marketing, LMA, your honor awards
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The Legal Marketing Association (LMA) selected Morse, Barnes-Brown & Pendleton, P.C. (MBBP) as the First Place winner in the “Identity – Projects Totaling Up to $20,000″ category. The LMA Your Honor Awards program recognizes excellence in legal marketing by promoting projects and programs that provide innovation and return on marketing dollar investment. MBBP was also honored with a Second Place win in the “Promotional and Collateral Materials – Announcement” category at the 2013 Your Honor Awards.
The marketing team of Jaclyn Jefgood and Alyssa Ritchie was presented with these prestigious industry awards for its entries “A Prescription for Swag” and “MBBP Announces First Move in Firm History” respectively. The awards were conferred at the 2013 LMA Annual Conference on April 9, 2013 at the Aria Resort in Las Vegas.
MBBP’s marketing department was also recognized in March by the LMA New England Chapter for “A Prescription for Swag”, earning a second place finish.
Learn more about the about the awards, please visit LMA.
BBK Worldwide Announces the Addition of Four Principals 04/15/2013
Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Deal News.Tags: bbk worldwide, clinical trials, patient recruitment
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MBBP client BBK Worldwide recently named four additional principals who, together, will assume a minority ownership in the company. Matthew Kibby, Rob Laurens, Liz Ritchie, and Matthew Stumm have played key roles in shaping the company’s success as the global leader in patient recruitment for the clinical R&D segment of the pharma, biotech, and medical device industries. Celebrating 30 years, BBK remains one of the only independent and self-funded patient recruitment agencies, and is able to offer its global pharmaceutical and medical device clients levels of flexibility and creative innovation unmatched by its competitors.
CW Weekly, a leading newsletter for the clinical trials industry, recently published an article on BBK Worldwide’s structure change. MBBP Corporate Attorney Carl Barnes was interviewed by CenterWatch Weekly and had this to say in regards to the restructuring:
This is a mindset alternative, as opposed to an alternative to financing. Privately held businesses have a couple of choices to continue growing past what their original founders have done—to get acquired, to go public, to cash out and bring in new management—or they do what BBK did, and they look within. They ask: who is here and really contributing to the business and how do we reward them? With an ownership stake in the business, the new principals become even more motivated to take the company to the next level. It’s a way to keep them excited and interested, and that helps the company grow.
Morse, Barnes-Brown & Pendleton served as counsel to BBK Worldwide and advised it in the development of its new corporate structure.
Congratulations BBK Worldwide!
Visit BBK to read the full press release.
SIA Primekss Enters into Joint Venture with Rabine Group 04/12/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: concrete flooring, joint venture, rabine group, SIA Primekss
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MBBP client, SIA Primekiss, the fastest growing concrete floor company in Scandinavia, has entered into a joint venture with Rabine Group, an Illinois-based company serving the facilities management industry. The purpose of the joint venture is to bring Primekss’ new, patented, concrete flooring system to North America. Primekss CEO, Janis Oslejs, discusses the partnership with the Rabine Group in this video:
Morse, Barnes-Brown & Pendleton serves as US counsel to SIA Primekss and advised it in connection with the structuring, negotiation and documentation of this transaction.
For more on the joint venture, please see the full press release.
SEC Issues Guidance on Use of Social Media 04/03/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Legal Developments.Tags: Reg. FD, SEC, social media
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By: Daniele Levy
Yesterday the Securities and Exchange Commission (SEC) issued guidance to clarify how public companies and executives may use social media to disseminate company information in compliance with Reg. FD. Reg. FD was adopted in 2000 to prohibit selective disclosure of material non-public information by public companies. Reg. FD provides that when a public company discloses material non-public information to securities analysts or stockholders it must also simultaneously disclose such information through a recognized channel of distribution in order to achieve broad distribution of the information.
The SEC has stated that it encourages the use of electronic communications to disseminate information and promote transparency in the trading markets. In its guidance on the use of social media, the SEC emphasized two points. First, company communications – whether from the company or its executives – distributed through social media channels require a careful Reg. FD analysis. Second, in order to meet the requirements of Reg. FD a company must alert the investing public in advance of the social media channels it intends to use to communicate company information.
Action Items: Public companies should consider (1) adopting a policy identifying the social media channels the company and its executives intend to use to disseminate material information regarding the company, and (2) disclosing such channels on their corporate website in order to give the investing public the ability to take action in order to receive such disclosures.
For more information on this topic, please contact Daniele Levy.
Innovation Center TechSandBox Launches at Becker College 04/03/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, MBBP news.Tags: accelerator center, Becker College, techsandbox
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On March 27th TechSandBox, Inc., an innovation center and accelerator, announced its official launch and facility opening in Southborough, MA. In partnership with MBBP client Becker College, TechSandBox’s center will house about 20 entrepreneurs, focused in the science or technology spaces across all industries and applications, with room for a co-working entrepreneurs’ bullpen, panels, seminars, and networking events.
MBBP is a proud sponsor of TechSandBox and provides it with critical expertise and financial support.
To learn more, please see TechSandBox article in the Boston Globe.
MBBP Sponsors BU New Venture Competition 04/03/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Events.Tags: angel investors, boston university, new venture competition
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On Thursday, April 4th Boston University School of Management is hosting the final phase of its accelerator program ”New Venture Competition“. Thursday will be an opportunity for finalists to pitch their business to angel investors. Winners will receive a guaranteed spot in BU’s Venture Start-up Camp and a legal start-up package worth $5,000 for each of the top three winners of the Competition. Plus, all 6 teams get the opportunity to compete for a $1,000 People’s Choice Award presented by event sponsor, Morse, Barnes-Brown & Pendleton.
To learn more about the New Venture Competition event, please visit BU.
Frequently Asked Questions on the H-1B Cap 04/03/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Immigration, Legal Developments.Tags: frequently asked questions, H-1B cap, immigration FAQs
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By: Grant Godfrey
MBBP recently sent an Immigration Alert that the FY 2014 H-1B season will open on April 1st, allowing companies to sponsor foreign nationals for new H-1B “specialty worker” visas, and cautioned employers that this year’s H-1B Cap numbers could be reached within weeks, if not days of the cap opening up. The U.S. Citizenship & Immigration Service (“CIS”) recently issued a press release that it anticipates the H-1B Cap could be reached in the first week of April. We have assembled a list of frequently asked questions to help employers, and their employees, understand the implications if the H-1B Cap is reached quickly.
Please visit our resources page to view our full article on “Frequently Asked Questions on the H-1B Cap“.
MBBP Client Named Finalist for BBJ’s Healthiest Employers 03/28/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Industries, Internet and E-Commerce.Tags: bbj, Chitika, healthiest employers
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On March 28th, the Boston Business Journal is hosting its 2013 Healthiest Employers event which honors 15 individual companies for their varied efforts in maintaining and improving employee health. One of the finalists in the “Small Company” category is none other than MBBP client Chitika. Chitika, Inc. was selected through an assessment process comprised of 75 scored questions that are completed by the participating companies.
Over the last year, Chitika has been working hard to build its health and wellness program, starting with the addition of the “Performance Zone”, which opened last spring. The Performance Zone was created as a place employees can keep productivity and energy high and is outfitted with everything from treadmill work stations to an area for mid-day stretching and yoga.
Congratulations Chitika!
Noncompetition Agreements: Protecting Customer Relationships & Confidential Information 03/20/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Events, Legal Developments.Tags: employer interests, employment agreement, noncompete, Noncompetition agreements
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On Tuesday, April 23rd MBBP is hosting a complimentary breakfast program titled “Noncompetition Agreements: Protecting Customer Relationships & Confidential Information“. Employers often ask: “Are our non-compete agreements with employees enforceable?” The answer often depends on whether the employer took the necessary steps to put an effective agreement in place. Courts in Massachusetts generally will enforce reasonable agreements when necessary to protect particular employer interests, such as customer relationships and trade, from misappropriation. On the other hand, courts generally do not enforce non-compete (or non-solicit and non-disclosure agreements) when no real protectable interests are at stake, the restrictions are unreasonable, or the employer has undermined its ability to enforce them.
This Program will identify the steps employers can take to increase the likelihood that a court will enforce its restrictive agreements with employees, provide education and insight into how such agreements are enforced by employers, and de-mystify the litigation process. We will also review recent legal developments that may affect whether the agreements you currently have in place with employees are vulnerable to attack by departing employees.
Our presenters have decades of experience advising employers and litigating cases in this area and we expect that attendees will bring a wealth of knowledge and experience to the program. Through discussion, we expect a very enlightening exchange of practical ideas and a range of employer experiences.
Please visit our event page for more information or to register.
NEW VC Spotlight Features 2012 VC Data, Dilution, Crowdfunding, and Non-Compete Legislation 03/20/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Industries, Legal Developments, New Resources, Venture Capital & Private Equity.Tags: crowdfunding, dilution, VC spotlight, vc transactions
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Each quarter, MBBP compiles a comprehensive database of venture capital transactions that have closed within New England, New York and New Jersey. In our most recent VC Spotlight, MBBP presents the 2012 First Institutional Rounds – Deal Terms in the chart seen below.
Further data analysis can be found in this quarter’s VC Spotlight Newsletter.
Other articles featured include:
- The Price of Growth – The Lifecycle of a Company from a Founder’s Dilution Perspective
- What Every Startup Should Know About Crowdfunding
- New Proposed Massachusetts Non-Compete Legislation Focuses on Duration of Restrictions
The full newsletter is available here.
Immigration Alert: CIS Issues New Form I-9 – Certain Older Versions of the Form Can Be Used Through May 7, 2013 03/08/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.add a comment
On November 6, 1986, the Immigration Reform and Control Act was signed into law and required that every employer verify the identity and employment eligibility of their employees in the United States. It also created criminal and civil sanctions for violations. This verification is documented on the Form I-9 and must be completed within strict time periods. Additionally, the Form I-9, and any supporting documents, must be retained for three years from the date of hire or one year from the date of termination, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
For the past several months, employers have had to utilize a Form that had expired. However, on March 8, 2013, the U.S. Citizenship & Immigration Services (“CIS”) issued a new version of the Form I-9.
The new Form I-9 is effective immediately, and can be found at CIS’s website. While the previous versions of the Form dated either 02/02/09 or 08/07/09 will be accepted until May 7, 2013, after then only the Form I-9 dated 03/08/13 may be used. Employers only need to utilize the new Form I-9 for new hires or re-verification. If a current employee already has a properly completed Form I-9, then the employer does not need to complete a new Form I-9.
Civil penalties for technical paperwork violations relating to Form I-9 compliance can vary from $110 to $1100 per violation. It is therefore critical that every employer revisit their hiring practices and ensure that they are utilizing the correct version of the Form, and also adhere to the required timeframes and documentation retention periods. The revision date can be found on the lower left corner of the form.
CIS is in the process of revising the “Handbook for Employers Guidance for Completing the Form I-9 (M-274)” and a new version is expected to be released in the next week. In the meantime, employers should follow the instructions on the new Form I-9 until the Handbook is updated.
Please contact a member of our immigration group if you have any questions relating to Form I-9 compliance or any other important immigration issue.
New Proposed Massachusetts Non-Compete Legislation Focuses on Duration of Restrictions 02/12/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Legal Developments.Tags: massachusetts legislation, non-compete, non-compete duration
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By: Bob Shea
Over the past several years legislators in Massachusetts have filed various bills seeking to address perceived employer overreaching in the area of non-competition agreements. According to the legislators, many employers impose non-compete restrictions on employees in circumstances where such restrictions are not appropriate, or impose restrictions that go beyond what might be necessary to protect legitimate business interests (i.e., customer good will, trade secrets and other confidential business information).
Recent bills introduced by Representative (now Senator) Will Brownsberger and Representative Lori Erlich addressed non-compete issues in a fairly comprehensive way, attempting to codify, clarify, and modernize existing common law in Massachusetts. The bills met opposition by some business groups which viewed the bills as trying to place unacceptable limitations on the legitimate use and scope of non-compete restrictions. Although the bills garnered some support, including from employee advocates, the Governor’s office and some journalists, the legislators’ efforts were unsuccessful.
This year, Sen. Brownsberger and Rep. Erlich have presented a bill that focuses only on the duration of non-compete restrictions. The bill, House Bill No. 2221, referred to as “the Noncompetition Agreement Duration Act,” seeks to create a presumption that a non-compete restriction lasting up to six months is reasonable in duration, whereas a non-compete restriction lasting more than six months is presumed unreasonable in duration. The bill provides that a non-compete agreement that is determined by a court to be unreasonable in duration shall be unenforceable.
The bill provides for three exceptions: a non-compete agreement of unreasonable duration will not be unenforceable if (i) the employee has breached a fiduciary duty to the employer, (ii) the employee unlawfully took the employer’s property, or (iii) the employee has received $250,000 in annual taxable compensation from the employer. When one of these exceptions applies, a court could enforce the non-compete agreement for any duration the court determines is appropriate.
We believe the bill will face strong opposition, and its prospects for passage are, at best, uncertain.
If you have questions or want more information on this proposed legislation, you can contact Bob Shea.
The Uncertain Future of E-Verify? 02/11/2013
Posted by Morse, Barnes-Brown Pendleton in Client News, Immigration, Legal Developments.Tags: background checks, e-verify, I-9 employment verification, social security administration
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By: Donald Parker
E-Verify is an online system operated by the Social Security Administration (“SSA”) and the Department of Homeland Security (“DHS”) that allows employers to check both the validity of a new employee’s Social Security Number and whether that employee is authorized to work in the United States. On the drawing table in various forms since 1996, but revived and re-implemented in 2007, E-Verify has to-date been a voluntary system for most employers in the United States. Once an employer registers with E-Verify it is required, however, to process all new hires through the E-Verify system.
E-Verify is intended to be an add-on to the I-9 Employment Verification process that has been required of all employers for several decades. Many of our clients have registered with E-Verify and the returns so far have been largely positive. While the system can occasionally return false positive data that can then take several weeks to get resolved with the SSA and DHS, these problems are not common. Indeed, this bright-line test approach has its advantages. Employers in industries that have a high level of workers without proper legal authorization to work like the ability to determine up front whether the employee’s Social Security Number is valid and/or whether the employees in fact are authorized to be employed in the United States.
Until recently, most immigration law practitioners felt that the early success of E-Verify signaled that DHS would make it a mandatory system of all employers in the United States within the next several years. And that may still happen. In the outline of a Senate proposal that was issued recently for Comprehensive Immigration Reform legislation, however, there is language that suggests that the employment verification system in the United States would be revamped and made stronger. The Senate proposal contains a number of strong statements relating to immigration and employment control issues and processes that are clearly intended to open the door to a dialogue on an “amnesty” program for persons that are in the United States illegally. While this is an admirable and sensible goal, we would hope that the Senate does not throw the baby out with the bathwater when it comes to E-Verify. The combination of the I-9 verification process and a mandatory E-Verify system is a powerful tool for employers to control their hiring foreign nationals. E-Verify works and works well and efficiently and our hope is that the Senate does not turn its back on it in the desire to appear “tough on immigration”.
For more information on this topic, please contact Donald Parker.
Massachusetts Wellness Tax Credit Incentive Now in Effect 01/18/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: employment law, healthy workplace, wellness tax credit incentive
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By: Bob Shea
As we previously reported, Massachusetts enacted legislation last August giving smaller employers a tax credit of 25% of the costs associated with implementing wellness programs for their employees, up to $10,000 per year. The wellness tax credit incentive became effective on January 1, 2013. Under a proposed emergency regulation published this month by the Massachusetts Department of Public Health, the credit is available to Massachusetts-based employers with up to 500 employees (if the majority of employees work in Massachusetts).
The credit applies to wellness programs that promote “a healthy workplace environment and health workplace habits.” Under the proposed regulation, programs must be based on “a health-risk assessment of the workforce” and can include programs focused on dietary change, smoking cessation, accident and disease prevention, and other such programs intended to improve “participants’ physical and mental health and well-being.”
The proposed regulation contains details on the application and certification process, and other related matters. See the Wellness Tax Credit Incentive here.
For any questions on this topic, please feel free to contact Bob Shea.
Implant Sciences Wins TSA Approval 01/18/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: explosive trace detection, Implant Sciences, tsa
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On January 16, 2013, MBBP client Implant Sciences Corporation announced that its QS-B220 explosives and narcotics trace detector has been accepted into the “Approved” section of the Transportation Security Administration (TSA)‘s Air Cargo Screening Technology List (ACSTL). The “Approved” technology section of the list specifies equipment that has been conditionally approved for screening operations and is currently undergoing or scheduled for field test activities. With this announcement, Implant Sciences believes that it is positioned to sell its products into the U.S. security marketplace, which accounts for approximately 43% of the world market. Please see the full press release for further information.
Congratulations to Implant Sciences!
Giant Sports Products Releases Weight Loss Supplement Dexamine and Wins New Supplement of the Year Award for Delicious Protein 01/09/2013
Posted by Morse, Barnes-Brown Pendleton in Client News.Tags: delicious protein, dexamine, giant sports products, weight supplements
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On January 9th MBBP Client Giant Sports Products launched its new weight management supplement, Dexamine. Dexamine is a unique dietary supplement designed to be a weight management tool that assists people in achieving more desirable bodyfat levels.
Giant Sports Products also announced its Delicious Protein supplement was named New Supplement of the Year for Canada by Popeyes® Supplements Canada (PSC) – Supplements Canada.com.
Congratulations Giant Sports!
