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MBBP Client Acquired by Blackboard 08/19/2014

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Computer Software & Hardware, MBBP news.
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cardsmithMBBP client CardSmith, the industry’s leading cloud provider of campus card solutions and turn-key card program management services, has been acquired by Blackboard, the world’s leading education technology company. Blackboard offers campus card services and integrated campus commerce and security solutions to hundreds of institutions. CardSmith joins Blackboard’s growing set of student identification services and will broaden the credentialing deployment options the company offers to schools and institutions.

MBBP Attorneys Chip Wry, Joe Martinez and Jonathan Calla were the attorneys on this deal.

For the full press release, please visit Blackboard’s website

OYO Sportstoys Featured on WBZ-TV 08/04/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Licensing & Strategic Alliances.
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OYO Sportstoys, Inc.MBBP client OYO Sportstoys, Inc. was recently featured on a segment of WBZ-TV discussing its factory in Acton, Massachusetts that is creating mini sports figures of famous athletes. OYO has licensing agreements with MLB, the NFL and the NHL which allows them to use the names of all players. They hope to get a deal with the NBA soon asPatrice Bergeron OYO Figure well. OYO figures are compatible with other notable building block toys like Lego, Kinex, Mega Blocks and more. Each little OYO mini-figure is customized to look like the real player and gets a little water bottle and a football, baseball or hockey stick.

Congratulations OYO!

Check out the full video here: Acton Company Doing Big Business Making Little Plastic People

MBBP Client Deborah Halber Publishes First Book 07/23/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Publishing & Media.
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Congratulations to MBBP client Deborah Halber on the publication of her first book, The Skeleton Crew: How Amateur Sleuths are Solving America’s Coldest Cases (Simon & Schuster, 2014)! Publishers Weekly calls this “A lively study that’s … eminently entertaining and will be devoured by armchair detectives.” The Boston Globe says that Deborah writes “vividly and engagingly” and calls the book “captivating.” We say “Way to go, Deborah!”

To read an excerpt from The Skeleton Crew and complete reviews, visit Deborah’s website. To hear her July 1 On Point interview with Tom Ashbrook, click here.

MBBP Clients make BBJ’s Fastest-Growing Public Companies List 07/01/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Public Companies.
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BBJ Fastest-Growing Public CompaniesLast month, the Boston Business Journal (BBJ) published its print edition containing a list of the Top 50 Fastest-Growing Public Companies in Massachusetts. Five MBBP clients were selected and ranked on this list according to each company’s two-year revenue growth as of their most recent fiscal year:

Congratulations to all of our clients!

The full list of the Fastest-Growing Public Companies in Massachusetts is available to subscribers via the Boston Business Journal’s digital edition here.

BRInvenTeam Brews up an Eco-Friendly Invention for EurekaFest 06/25/2014

Posted by Morse, Barnes-Brown Pendleton in Clean Tech, Client News, Events, Intellectual Property.
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By: Tracey Brenner

Lemelson-MIT hosted its eighth-annual EurekaFest June 20-21st, a celebration designed to empower the next generation of inventors by inspiring youth, honoring role models, and encouraging creativity and problem solving. Each EurekaFest Team, comprising high school students, educators and mentors, received up to $10,000 from the Lemelson-MIT Program to invent technological solutions to real-world problems of their own choosing.

Sixteen Teams, parsed into groups of four, presented their “pitch” to peers, teachers, and media in classrooms across the Stata Center at MIT the morning of June 20th. The young students, the most senior of which are now rising college freshmen, each handled themselves with youthful poise, enthusiasm, and eloquence.  Teams actively displayed a product prototype during the presentation. Prototypes included, from Benjamin Banneker Academic High School in Washington D.C., a safety device that attaches to a door to prevent it from opening in an emergency situation; from Elkin’s High School  in Missouri Texas, an automated disinfectant system for high-end 3D movie glasses; and from the School of Dreams Academy in Los Lunas, New Mexico, a system for detecting and alerting parked police officers of impending physical dangers.

In addition to displaying prototypes, Teams also described the need based/market-driven iterative ideation and development process in which they engaged, and touched on some of the ways they executed key to-market strategies. For example, students described building a well-balanced founding team, raising supplemental funds, securing support from the community/stakeholders, and, in some cases, conducting patentability studies and pursuing intellectual property protection. Students also answered a plethora of eager questions from and offered tips and advice to their peers.

This Lemelson-MIT Program is an example of collaborative cross-disciplinary STEM education reaching to its highest heights. May it incite and inspire educator and entrepreneur alike.

MBBP client Bridgewater-Raynham Regional Highschool’s InvenTeam was one of the 16 high schools nationwide to be selected for a $9,200 grant out of 250 applicants. Through this grant, the BR team has invented a device that separates and stores the materials of single-serve coffee pods allowing proper recycling and composting.

Congratulations Bridgewater Raynham InvenTeam!

Visit Bridgewater-Raynham’s site to make a donation or to learn more about their invention.


MBBP Named “Best Law Firm” in Boston 05/12/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Taxation.
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MBBP Best Law Firm: Litigation-TaxU.S. News and Best Lawyers, the leading survey of lawyers worldwide, have joined to rank more than 11,000 firms in 120 practice areas in 170 metropolitan areas and 8 states. Morse Barnes-Brown & Pendleton PC has received a Tier 1 ranking of Boston’s “Best Law Firm” 2014 in two practice areas: Tax Law and Litigation-Tax. The U.S.News – Best Lawyers “Best Law Firms” rankings are based on an evaluation process that includes the MBBP Best Law Firms: Tax Lawcollection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

MBBP is proud of our impressive tax department. Please feel free to contact the members of our team with any tax-related questions.

iZotope Winner of SBANE’s 2014 New England Innovation Awards 05/08/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Events.
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iZotope, Inc.MBBP client iZotope, Inc. has been selected as a winner of  the 2014 New England Innovation Awards, an annual award program put on by the Smaller Business Association of New England’s (SBANE) that recognizes companies that are potential game changers in their specific markets. iZotope is an audio technology company that develops professional audio software for audio recording, mixing, broadcast, sound design, and mastering.

Congratulations iZotope and thank you for allowing MBBP to be a part of your success!

To learn more about the New England Innovation Awards, please visit SBANE.

iZotope with the MBBP Team

Cambridge-based Timbre Acquired by Seatwave 04/09/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, M&A.
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SeatwaveOn April 4th Timbre, an app that helps music fans find live shows, announced it has been acquired by MBBP client Seatwave.  Morse, Barnes-Brown & Pendleton serves as counsel to Seatwave, and advised it in connection with the structuring, negotiation and documentation of this transaction. Joe Martinez and Joshua French were the lead attorneys on this deal.

Read more about it here.

iZotope Named One of SBANE’s 2014 New England Innovation Award Finalists 04/03/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Events.
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iZotope, Inc.The Smaller Business Association of New England (SBANE) recently announced the finalists of its 2014 New England Innovation Awards, an annual award program that recognizes those companies that are potential game changers in their specific markets. Among the finalists is MBBP client iZotope, Inc., an audio technology company developing professional audio software for audio recording, mixing, broadcast, sound design, and mastering. On April 10th at the Henderson House in Weston, the finalists will have one last chance to present to the judging team before the winner(s) are announced at the 2014 New England Innovation Awards Gala Presentation and Dinner on May 7th.

Congratulations iZotope!

To learn more about the New England Innovation Awards, please visit SBANE.

Hastings Equity Partners Completes Sale of Danlin Industries 04/02/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Deal News.
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Hastings Equity Partners, LLC

MBBP client Hastings Equity Partners recently announced the sale of Danlin Industries to Arsenal Capital Partners. Danlin provides production chemicals, capillary services and completion chemical solutions to oil & gas exploration and production companies. Morse, Barnes-Brown & Pendleton serves as counsel to Hastings Equity Partners, and advised it in connection with the structuring, negotiation and documentation of this transaction. Shannon Zollo was the lead corporate attorney on MBBP’s team, which also included attorneys Chip Wry, Mark Tarallo, and Jonathan Calla.

Hastings Equity Partners is a Waltham, MA-based, private investment firm that acquires and grows small to mid-sized enterprises.

Please visit Hastings Equity Partners for more information.

Implant Sciences Issues $20 Million Secured Promissory Notes 04/02/2014

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Implant Sciences CorporationOn March 21 MBBP client Implant Sciences Corporation announced it had completed a $20,000,000 refinancing with an accredited New York City-based institutional investor group.  Implant Sciences used the proceeds of the loan to pay down its DMRJ Group LLC line of credit as well as some portions of its other indebtedness to DMRJ. Glenn Bolduc, President and CEO of Implant Sciences, had this to say of the announcement:

We believe our ability to execute this non-convertible debt financing agreement with new lenders is based on the strength of our operations, our market traction in explosives trace detection, and the future potential of Implant Sciences. The loan gives us the flexibility to pay down our DMRJ debt while also providing additional working capital. We are also happy to announce the extension of our loans from DMRJ. DMRJ has been consistently supportive of our Company and has provided us the capital we needed to get to where we are today. We are pleased to continue to work with them.

Implant Sciences is a high technology supplier of systems and sensors for homeland security and defense markets.

Please visit Implant Sciences Corporation for the full press release.

Actifio Secures $100 Million Financing Round 04/01/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Computer Software & Hardware.
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actifio - Copy Data ManagementOn March 24 MBBP client Actifio announced a $100 million financing round, one of the largest investment deals for a privately held Boston-area technology firm in years. Actifio is an information technology and software company that delivers copy data virtualization to hundreds of global enterprise customers and service provider partners in more than 30 countries around the world. The new funding will be invested in the core IP and new features of its data virtualization platform as well as the continued expansion of Actifio’s market reach and surrounding ecosystem. Ash Ashutosh, CEO of Actifio, was recently quoted in Forbes discussing the financing:

All of last year, the simple focus was in scaling our business. The last three quarters we were figuring out how to scale, and the one factor that was a constraint was speed of time. Now this helps me grow as fast as possible.

Congratulations Actifio!

To learn more about this news, please see full articles in The Boston Globe and Forbes.

Tomo360 to Showcase at Mass Innovation Nights – Vote for them here! 03/25/2014

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Tomo360MBBP client Tomo360 has been selected as one of ten companies to showcase at Mass Innovation Nights on April 9th at the Merrimack Valley Sandbox of Lowell. Only four companies will have the opportunity to present their products. Cast your vote for Tomo360 here!

For more information or to register for the event, please visit Mass Innovation Nights.

Giant Otter Named Finalist in Harvard President’s Challenge 03/14/2014

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Giant Otter TechnologiesOn March 14 MBBP client Giant Otter Technologies was announced as a finalist in the President’s Challenge, a Harvard University competition created to foster cross-disciplinary entrepreneurial ventures that will have profound social impact. Giant Otter is one of ten early-stage, student led teams selected as finalists that will now spend six weeks on an accelerated path to building their ventures, supported by $5,000 in seed money, insight from expert mentors, and resources from the Harvard Innovation Lab will provide. A winner will be selected on May 8th after the teams participate in a “Demo Day” event, where members of the community visit an exhibition and hear the founders explain their ventures and progress.

Giant Otter Technologies creates data-driven role-playing simulations that helps with the stressors of bullying and other conflicts by helping users relate to others in their scholastic or professional settings.

Congratulations Giant Otter!

To learn more, please visit Harvard’s President’s Challenge.

Cambridge Innovation Center to Open Office in Boston 03/14/2014

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Cambridge Innovation Center (CIC)On March 14th MBBP client Cambridge Innovation Center announced its plans to open  a third location. This new facility will be in Boston’s Financial District, giving firms a less expensive space yet more flexibility than traditional office leases. CIC has signed a lease at 50 Milk Street occupying 70,000 square-feet of space across 5 floors with the ability to accommodate nearly 1,200 people . CIC Boston is set to open to the public in phases beginning in late April. MBBP currently utilizes office space in CIC’s original Cambridge location at One Broadway in Kendall Square.

CIC provides offices and shared workspaces to start-ups and small companies offering amenities such as fully stocked kitchens, high-tech conference rooms, Internet, and decent office chairs. CIC has also been reported to serve as the initial launching pad in New England for larger companies such as Adobe, Amazon, Apple, Disney, Facebook, Google and Shell.

Congratulations CIC!

For more information, please view this full article in The Boston Globe.

Audley Travel to Open First U.S. Office in Boston 03/13/2014

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Audley TravelThe Boston Business Journal (BBJ) recently published an article regarding MBBP client Audley Travel, a full-service specialty travel agency based in England. The article highlights Audley’s plans to open its first U.S. office, a 7,000-square-foot space in Boston, aimed at servicing the entire country. Audley CEO, Ian Simkins, believes the firm’s current demands warrant an increase in its US based staff, and has already hired 27 people for the new office with plans of employing 40 by year’s end.

Congratulations Audley Travel!

Please visit the BBJ to read the full article.

Xtalic to Launch New Alloy for use in Electronics 02/28/2014

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Xtalic CorporationThe Boston Business Journal (BBJ) recently published an article on MBBP client Xtalic Corporation, a nanotechnology coatings company based in Marlborough, MA. Xtalic has announced its plans to debut a new metal alloy near the end of the year that may serve as a lower-cost alternative to the use of gold in connectors on computer servers. The initial Xtalic material was made using nickel, however the new material, named Luna, will be made from a new metal alloy for use in both power cords and electronic devices.

Congratulations Xtalic!

Please visit the BBJ to read the full article.

Trends: Top 10 Intellectual Property Developments of 2013 02/10/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Intellectual Property, Legal Developments, New Resources.
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Top 10 Intellectual Property  Developments of 2013Looking back at 2013, there were many interesting developments in intellectual property. In an effort to keep our contacts and clients up-to-date with the most recent IP law changes and court decisions, MBBP has compiled our Top 10 Intellectual Property Developments of 2013:

  1. AIA Institutes “First Inventor to File” System
  2. Association for Molecular Pathology v. Myriad Genetics
  3. Bowman v. Monsanto
  4. Apple and Samsung
  5. Federal Trade Commission v. Actavis, Inc.
  6. Already, LLC v. Nike, Inc.
  7. Kirtsaeng v. John Wiley & Sons, Inc.
  8. The Authors Guild, Inc. v. Google, Inc.
  9. COPPA Rule Amendments
  10. New Top Level Domain Names

For more information on these developments, please view the full article here.

January 31st, 2014 Deadline for Information Reporting with Respect to Exercised Incentive Stock Options 01/17/2014

Posted by Morse, Barnes-Brown Pendleton in Client News, Taxation.
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Action May Be Required

Corporations, both publicly and privately held, that transferred stock in 2013 pursuant to the exercise of incentive stock options (ISOs) are required to report the transfer to both the IRS and the exercising person.

Form 3921 Exercise of an Incentive Stock option Under Section 422(b) is used for both purposes. Form 3921 requires the corporation to furnish certain information regarding the exercise, including the fair market value of the share of stock on the date the ISO was exercised. Corporations must furnish Form 3921 to the exercising person on or before January 31, 2104 and to the IRS on or before February 28, 2014 (March 31, 2014, if forms are filed electronically). In general, failure to furnish statements in a timely manner, failure to include all required information or the inclusion of incorrect information will result in the imposition of penalties.

Transfers of stock under an employee stock purchase plan (ESPP) are also subject to similar reporting requirements.

Morse, Barnes-Brown & Pendleton would be pleased to assist you in understanding and complying with these ISO and ESPP reporting obligations. Please feel free to contact Robert Finkel or Diana Española with any questions or call 781-622-5930.


To ensure compliance with U.S. Treasury Regulations governing tax practice, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Minimum Wage Increases in 13 States 01/06/2014

Posted by Morse, Barnes-Brown Pendleton in Client News.
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Employment Attorney Bob SheaBy: Bob Shea

Employers in 13 states begin 2014 with higher minimum wage requirements. Now, 21 states have minimum wage rates exceeding the federal minimum wage rate of $7.25 per hour. Here in New England, as of January 1, 2014, Connecticut’s minimum wage rate is $8.70 (and will go to $9.00 on January 1, 2015), Rhode Island’s rate is $8.00, and Vermont’s rate is $8.73. Minimum wage rates in Maine, Massachusetts and New Hampshire remain at $7.50, $8.00, and $7.25, respectively. Also, note New York’s minimum wage rate will go from $8.00 to $8.75 on December 31, 2014 and to $9.00 on December 31, 2015.

Minimum wage increases are also being discussed in several other states, including Massachusetts. Proposed legislation in Massachusetts would increase the minimum wage rate from $8.00 to $11.00 over three years. The minimum wage is also a hot topic on Capitol Hill where Democrats are seeking a significant increase in the federal minimum wage rate, which has been at its current rate of $7.25 per hour since 2009.

For more information on this topic, please contact Bob Shea or any other member of MBBP’s Employment Law Group.


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