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Harvard Stem Cell Institute Teaming Up to Develop Diabetes Cure 08/18/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Intellectual Property, Medical Devices.
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A group of Boston-area health institutions, known as the Boston Autologous Islet Replacement Program, are teaming up to develop, test and deploy stem cells to cure diabetes. The group includes the Harvard Stem Cell Institute, Brigham and Women’s Hospital, the Joslin Diabetes Center, Dana-Farber Cancer Institute and Semma Therapeutics.

The innovation began when Doug Melton, Co-Director of Harvard Stem Cell Institute and Co-Founder of Semma Therapeutics, developed a way to turn embryonic stem cells into insulin-producing beta cells without needing to put the cells into mice to mature.  After this discovery, he knew he had to get these beta cells into humans but that it was going to take a group with the proper qualifications.

Melton explains, “No one institution anywhere has the expertise and technical abilities to make this kind of clinical trial possible, but in the unique Harvard biomedical ecosystem, we are able to bring all the necessary expertise and infrastructure to bear.” This new organization has the goal of testing the created beta cells in human patients within three years.

Congratulations to our client Harvard on these exciting new developments! For more information, read the full article.

Interview with MBBP Client Valeritas Included in Wall Street Transcript Medical Devices Report 08/09/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Intellectual Property, Life Sciences, Medical Devices.
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The most recent Wall Street Transcript Medical Devices Report includes an interview with Valeritas, Inc.’s CEO, John Timberlake.  Timberlake discusses in detail Valeritas’s V-Go Disposable Insulin Delivery Device. The V-Go is a wearable basal-bolus insulin delivery device that allows patients to deliver insulin at a continuous preset basal rate, with bolus delivery as needed.  The V-Go has been cleared for use in the United States and in Europe.  big valThe fact that V-Go is a wearable product with scheduled insulin delivery enables patients to more easily go about their daily routines without having to stop to deliver insulin, and also allows them to discreetly deliver insulin during mealtimes without drawing attention to the act.

Valeritas is a commercial-stage medical technology company that develops new Type II diabetes technology products aimed at improving the lives of patients with Type II diabetes.  For more information about Valeritas and its V-Go product, read the full interview with The Wall Street Transcript.

Firm Client Applied BioMath Recognized in Greater Boston’s 2016 Small Business of the Year Awards 08/02/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Life Sciences.
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MBBP is thrilled to announce that client Applied BioMath, LLC is one of ten winners of the 2016 Small Business of the Year Awards (SBOY), announced by The Greater Boston Chamber of Commerce.  The SBOY recognizes smaller for-profit companies within the Greater Boston area who possess product innovation, workplace excellence, community and social responsibility, strong financial performance, and achievement in management.Applied BioMath Logo (M0887167xB1386)

Applied BioMath, LLC was founded in 2013 with the goal of transforming the quality and the economics of drug invention by applying advanced mathematical analysis at critical decision points in the drug invention process.  The ten award winners will be recognized at the event “Nailed It: A Conversation with Successful Business Leaders”, which will be held on October 6th.

MBBP assisted Applied BioMath in drafting its various Service Agreements with customers, among other key legal services.  Congratulations to our client in what is sure to be one of many successes!

MBBP Client Fanzcall Receives Backing from Red Sox’s David Ortiz 07/29/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Games & Interactive Entertainment.
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logoFanzcall, an interactive live sports game app, announced that Boston Red Sox’s David Ortiz is now a shareholder in the Waltham-based startup company.  Ortiz has an equity stake in the company, and will serve as an Ambassador.  Fanzcall allows users to guess the outcome of at-bats during live games.  It was founded by Anton Khinchuk and has already raised approximately $1.6 million through investors.

Regarding his involvement with Fanzcall, Ortiz remarked “I’m excited that the Fanzcall app allows baseball fans to become a part of the game they love… I love this opportunity to work with Fanzcall to extend my own love of the game, even after I retire.”  The app is available for free in the App Store and in Google Play.

MBBP is thrilled to continue its work with client Fanzcall, and looks forward to witnessing its continued success!

MBBP’s Life Sciences Vector, Summer 2016 07/14/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Life Sciences, MBBP news, New Resources.
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ext2016 LIFE SCIENCES PANEL SERIES

At the second of our Life Sciences panel Series: “Laying the Foundation for Growth: Entity & Equity”, experts discussed whether a corporation or a limited liability company is the “Right Stuff ” for building an emerging company, and how to structure and optimize the equity compensation of the team. MBBP’s John Hession moderated the panel, which included Marc Cote of Accellient and Jeff Solomon of Katz Nannis + Solomon. Stay tuned for details on Panel 3 in the fall.

Click here to learn more.

MBBP ADDS TWO ATTORNEYS

Weatherly Ralph Emans, Corporate Senior Attorney – As a member of the firm’s PIFA team in the corporate group, Weatherly focuses her practice primarily on private investment funds, including private equity funds, venture funds, hedge funds and funds of funds. Weatherly’s practice also includes venture capital transactions and providing general corporate advice to early stage companies.

Amanda R. Phillips, Litigation Associate – As a member of the firm’s litigation practice, Amanda focuses her practice on commercial civil disputes and securities litigation, and has broad experience working with clients under investigation by federal and state government agencies.

WAIT A MINUTE MR. POSTMAN…

Sooner or later many companies with a successful product or service will receive an overture from a patent holder. Some are almost friendly, proposing a potential mutually beneficial business relationship involving the patent. Others are decidedly less so, leveling claims of patent infringement and seeking immediate termination of the activity or product sales and/or significant financial compensation. This entire range of written communications is commonly referred to as “demand letters.” So – what’s the next step if your company receives a demand letter?

Read more on Page 2.

SUPREME COURT DENIES SEQUENOM’ PETITION TO CLARIFY SCOPE OF MAYO IN SEQUENOM V. ARIOSA

On June 27, 2016, the United States Supreme Court denied a Petition for Writ of Certiorari filed by Sequenom, Inc. requesting the Supreme Court to clarify the scope of its Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012) decision, as applied to Sequenom’s claimed inventions. The Mayo decision, which held that a method correlating a drug dosage regimen and levels of the drug in the blood was an unpatentable law of nature, has had the profound effect of narrowing the scope of patent-eligible subject matter in the United States and has cast doubt on the validity and enforceability of previously issued United States patents.

Read more on Page 3.

CLIENT SPOTLIGHT: iSpecimen 

iSpecimen is a trusted, one-stop source of customized human biospecimen collections. Compliantly sourced from our diverse
partner network of hospitals, labs, biobanks, blood centers, and other healthcare organizations, our solid tissues, biofluids, and cells are delivered directly into the hands of biomedical researchers using our unique, turnkey technology. Scientists gain access to a ready supply of the high-quality, richly-annotated specimens they need from the patients they want. Supply partners gain an opportunity to further contribute to biomedical discovery as well as their bottom line.

Read more on Page 4.

Client Corista Selected by Johns Hopkins Medicine to Extend Pathology Capabilities 07/11/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Medical Devices.
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Corista Logo (M0931457xB1386)Exciting news for MBBP client Corista as Johns Hopkins Medicine, one of the leading health care systems in the United States, has successfully installed Corista’s DP3 system. The DP3 is a digital pathology network platform that removes the physical boundaries from pathology and enables real-time remote expert diagnoses. It is a workflow solution integrating multiple facilities, scanners, physicians, patients and Laboratory Information Systems.

Johns Hopkins is standardizing this DP3 system as its centralized digital pathology platform in order to streamline workflows among its five hospital centers. The overall objective is to provide more efficient and accurate flow of information across core systems that manage diverse functions in the hospital system. Specifically, the system will help improve each hospital’s Tumor Board process, integration of existing systems including LIS, and global remote access.

Congratulations, Corista! MBBP serves as general counsel to Corista and assisted in negotiating its contract with Johns Hopkins. For more information, visit Corista News & Events.

MBBP Client BBK Worldwide Partners with Apptomics on App to Monitor Parkinson’s Patients 07/11/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Life Sciences, Medical Devices.
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Firm client BBK Worldwide is partnering with Wellesley-based digital health app maker, Apptomics, as it prepares to launch a one-year clinical trial in September. Using a combination of apps (iMotor and MyPD), for monitoring patients with Parkinson’s disease, the trial will test the effectiveness of these tools in impacting the management of Parkinson’s disease and health outcomes.  iMotor measures objectively patients’ motor function by combining several variables and MyPD focuses on collecting data related to symptoms, medications, side effects sleep quality, and emotional status. Data collected are transmitted in reports to patients’ neurologists.BBK Worldwide Holdings logo (M0790340xB1386)

BBK Worldwide is the foremost patient recruitment and engagement technology firm, providing a range of award-winning creative services and technology solutions to the world’s most innovative pharmaceutical and biopharmaceutical companies and their outsourced suppliers, such as CROs and eClinical providers. Apptomics works to achieve optimal management of chronic neurological conditions, including Parkinson’s, through scientifically validated mobile applications that allow collection of objective and patient reported data on disease progression.  BBK Worldwide is now a minority investor in Apptomics, with BBK Principal Matthew Stumm serving on the Apptomics Board of Directors.

The two companies will work to develop a collection of apps aimed at monitoring patients with chronic neurological diseases and relaying the information to their doctors.  Apptomics has already had success with the iMotor app through two studies that clearly demonstrated the scientific effectiveness of its data collection.  The app also proved able to distinguish Parkinson’s patients from healthy individuals, and distinguished with high sensitivity the effects of treatment plans.

Congratulations to both companies on their new venture!

 

MBBP Client ConforMIS, Inc. Acknowledged for Patient Satisfaction with Knee Replacements 07/07/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Life Sciences, Medical Devices.
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ConforMIS, Inc., a medical technology company that manufactures and sells joint replacement implants, received positive results from its iTotal CR study.  The iTotal CR is a fully customized implant for use in total knee replacement, and the study found that 92% of patients were satisfied with the product in the year after receiving a knee replacement.  conformis-inc-logo

In developing, manufacturing, and selling joint replacement implants, ConforMIS uses its iFit Image-to-Implant technology, which allows for a customized implant specifically designed to fit an individual’s anatomy.  The iTotal CR study included 300 patients in the United States, and is still ongoing.  The interim study results were presented at the 2016 SICOT International Orthopaedic “Specialized Knee Surgery” Conference in Germany, which ran from June 30th to July 2nd.

The positive feedback is consistent with a previous study that showed that patients noted significantly higher satisfaction with the ConforMIS iTotal CR in their knee replacements, than with off-the-shelf implants.  The positive results speak to the benefits of anatomically customized implants, and illustrate how ConforMIS’s products are making a positive and lasting impact in the joint replacement implant market.

To read more about the study and ConforMIS’s technology, read the full article.

Highlights from MBBP Life Sciences Series Panel 2 – Laying the Foundation for Growth: Entity & Equity 07/05/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, Life Sciences, Venture Capital & Private Equity.
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On Wednesday June 22nd, the offices of Morse, Barnes-Brown & Pendleton were filled with a crowd of people for a life sciences panel discussion on “Laying the Foundation for Growth: Entity & Equity.”  Esteemed panelists included Marc Cote, COO of Accellient; Jeffrey Solomon, Managing Shareholder of Katz Nannis + Solomon; and MBBP’s own John Hession as moderator.

The panel explained to the audience the importance of understanding the different entity options when starting a new business, and JMH Headshot Photo 2015 (M0846571xB1386)provided important tips on how to pick the right fit for the business.  John Hession stated that when choosing an entity it is crucial to consider where you plan on heading with the business and the long-term goals, how long before you generate money, investments, exit strategy, and how long before you will be investing money of your own into the business.

Jeffrey Solomon explained that most investors will insist that your business is a Delaware C-Corp.  He detailed that although LLCs can be beneficial because of their pass through tax benefits, they also have more complexities with tax filings.  However, since C-Corps are able to receive 1202 tax treatment and exclude gains, C-Corps are typically preferred.  The panel also discussed equity strategic considerations, including restricted stock options, with Marc Cote describing the importance of filing an 83(b) within 30 days of executing the agreement.

These were merely a few of the insightful topics discussed at the 2nd Life Sciences Series Panel.  The next panel in September will be equally educational, so keep an eye out for further details, including registration information, on our site.

Blue Stream Laboratories Acquired by Charles River Laboratories 06/28/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Deal News, Life Sciences, MBBP news.
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blue streamMBBP client Blue Stream Laboratories, an analytical contract research organization supporting the development of complex biologics and biosimilars, was acquired by Charles River Laboratories. Charles River Laboratories is a provider of essential products and services to help pharmaceutical and biotechnology companies, government agencies and leading academic institutions around the globe accelerate their research and drug development efforts.

According to Blue Stream, “The synergy of combining Blue Stream’s core expertise with Charles River’s existing broad portfolio of biopharmaceutical clinical development and supporting services creates a well-established services entity which can fully support biologic and biosimilar development.”

Morse, Barnes-Brown & Pendleton served as counsel to Blue Stream Laboratories and advised them in connection with the structuring, negotiation and documentation of this transaction. Shannon Zollo was the lead corporate attorney on MBBP’s team.

For more information, read the full news release.

Ad Network to pay $950,000 in civil penalties for alleged privacy misrepresentations and alleged COPPA violations 06/22/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Internet and E-Commerce, New Resources.
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The Federal Trade Commission (FTC) today announced a settlement with InMobi, a Singapore-based mobile advertising network.  The FTC alleged that InMobi engaged in deceptive trade practices in violation of Section 5(a) of the FTC Act by misrepresenting its practices regarding online consumer tracking and collection of information from children.  The FTC also alleged that InMobi violated the Children’s Online Privacy Protection Act (COPPA) by failing to comply with COPPA’s notice requirements and failing to obtain verifiable parental consent before collecting and using personal information (including geolocation information) from children under the age of 13.

The penalties imposed were $4 million (suspended to $950,000 based on the company’s financial condition).  This case underscores the importance of ensuring that privacy representations are accurate and complying with COPPA.  Please contact Faith Kasparian if you have questions about privacy representations and/or whether COPPA applies to your business and how to comply.

InvestSoft Technology Acquired by Morningstar 06/13/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Computer Software & Hardware, Deal News, Financial Services.
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InvestSoft Technology Logo (M0921814xB1386)MBBP Client InvestSoft Technology, a provider of innovative software solutions designed to streamline workflow, reduce risk and harness the value of data throughout an organization, was acquired by Morningstar, Inc. (NASDAQ: MORN), a leading provider of independent investment research.

Todd Roitfarb, chief executive officer of InvestSoft, said, “InvestSoft understands the real-time needs of investment firms, and we pride ourselves on the speed and accuracy of our calculations and the seamlessness of our data processing. Now that we are part of Morningstar, we can reach and better serve more investors who need high-quality fixed-income analytics.”

MBBP has served as counsel to InvestSoft since 2009, and advised it in connection with the structuring, negotiation and documentation of this transaction. Jon Gworek was the lead attorney on MBBP’s team, which also included attorneys Howard Zaharoff and Matthew Loecker.

For more information, read the full news release here.

PULSE@Mass Challenge Now Open in Boston! 06/10/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Life Sciences, Medical Devices.
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logo_mcPULSE@MassChallenge officially opened in Boston last week, adding to the already increasing number of digital health companies in the area.  MBBP’s Peter Barnes-Brown attended the ribbon cutting ceremony.

Read more about Peter’s thoughts on the growing digital health industry and about the company on our VCs & Startups Blog.

Boston Growing Hub for the Life Sciences Industry 06/08/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Life Sciences, Venture Capital & Private Equity.
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The Boston Business Journal just announced that at the annual Biotechnology Innovation Organization meeting, Boston was recognized as the city with the largest number of employers in the field of research testing and medical laboratories.  The BBJ explains that from biotech giants such as Biogen to Genzyme to research labs at the prestigious Harvard and MIT, the city is booming in life science employment and early stage development.

Furthermore, MassBio CEO and President Bob Coughlin explains how, “The research shows Massachusetts shines at the earliest stages of industry, with high levels of academic research, NIH and venture capital investments, as well as number of patents earned by our institutions…” Specifically, MA had $9.5 billion in VC investment in a three year term and ranked just behind California in the number of life science patents awarded.

MBBP is proud to represent life sciences companies throughout the greater Boston area (and beyond), in fields including biotechnology, pharmaceuticals and medical devices, along with institutions and investors in a wide range of sophisticated legal matters that arise in connection with the development, protection and commercialization of their diagnostic and therapeutic solutions.

Read the full Boston Business Journal article here.

Register Now! Laying the Firm Foundation for Growth: Entity & Equity – Life Sciences Series – Panel 2 05/31/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Events, Intellectual Property, Life Sciences, MBBP news.
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Join us at our Waltham office on June 22nd for the second panel in our Life Sciences Series, Laying the Firm Foundation for Growth: Entity & Equity.  JMH Headshot Photo 2015 (M0846571xB1386)

Our expert panel will discuss whether a corporation or a limited liability company is more suitable for building an emerging company, and how to maximize the equity compensation of your team with restricted stock, stock options, or profits interests.

MBBP Partner John Hession will moderate the panel, which will include Marc Cote, Chief Operating Officer of Accellient, and Jeff Solomon, Partner at Katz Nannis + Solomon.

The event will take place from 7-9:30am.  A light breakfast will be provided. Seating is limited – please register here.

Eric Lander of MBBP Client Whitehead Institute for Biomedical Research Receives MIT’s Killian Award 05/19/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Life Sciences.
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MIT’s 2016-2017 James R. Killian Jr. Faculty Achievement Award was presented to biology professor Eric Lander.  Lander, of MBBP client Whitehead Institute for Biomedical Research, is a renowned biologist recognized for his research in mapping the human genome.  The Killian Award, established in 1971, honors faculty members who demonstrate extraordinary professional achievements.  picture-2

Lander led the international Human Genome Project from 1990 to 2003, which included the development of techniques to map the human genome.  He has taught his MIT introductory biology course for over 20 years.  In addition to these achievements, Lander serves as co-chair of the White House’s President’s Council of Advisors on Science and Technology.

Lander joined the Whitehead Institute for Biomedical Research in 1986.  The Whitehead Institute is a non-profit research facility that works to improve human health through biomedical research.

The Killian Award committee explained that “unlocking the information in genomes has been one of the defining scientific revolutions of the past quarter century. With the Killian Award, the committee acknowledges the transformative effect Professor Lander has had on the study of biology and medicine. We honor Professor Eric S. Lander for these extraordinary contributions, and for his roles as a gifted leader, teacher, mentor, and public advocate for science at the highest levels.”

In response, Lander stated that he is “tremendously honored, especially because this is an award conferred by my faculty colleagues at MIT.  There is no higher recognition.”

John Hession to Moderate Upcoming Charité Entrepreneurship Summit in Berlin 05/18/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Events, Life Sciences, MBBP news, Medical Devices.
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John Hession, Co-Chair of both the Corporate Department and the Life Science Task Force at Morse Barnes-Brown & Pendleton, PC, will be the Moderator of the prestigious Charité Entrepreneurship Summit 2016-Rethink & Transform Healthcare being held in Berlin, Germany May 26th & 27th. This is the 4th time John finds himself in this role, and he proclaims it as being one of his favorite and most rewarding “extra- curricular” activities. M0846571

Among the largest life sciences and health care industry conferences held in Western Europe each year, the Charité Summit brings together over 400 international entrepreneurs, scientists, investors and healthcare industry professionals. This year’s agenda features such diverse and relevant topics as the digitalization of health care, the prospects of genome editing, and the growing understanding of the compelling impact of gender differences on research and in the practice of medicine.

John says the role of Summit moderator is one he relishes with particular enthusiasm because it affords him the opportunity to interact with both the learned speakers and the diverse audience of life sciences and healthcare professionals. As he remarked, “The insights are scintillating and informative, the speakers animated and trenchant, and the networking before, during and after the program – in the Berlin beer halls- robust and gregarious.”  Hession is the only American to repeat as Moderator in its 9 year history.
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MBBP Partner Joseph Martinez Participating in MIT Enterprise Forum’s Spring Start Smart Class 05/11/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Employment, Events, Financial Services, Intellectual Property, Licensing & Strategic Alliances, MBBP news.
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Corporate partner Joseph Martinez will take part in MIT Enterprise Forum’s (MITEF) Spring Start Smart Class, which will run from May 23-June 20.  M0846610He will appear as a Guest Speaker during the third class, which will focus on legal issues for startups.  Specifically, Martinez will discuss the employment, financing, and intellectual property legal issues facing startups.

MITEF’s Spring Start Smart Class is an eight session program focused on providing expertise to entrepreneurs on how to launch a successful new business.  The program is structured as a hands-on workshop, and features guest speakers whose fields of expertise correlate with each class’s specific topic of discussion.

For more information and to register for the course, see the full details here.MITEF-Full-Color-e1438717228333

Startup Coalition Event! Wednesday May 25, 2016 05/06/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, MBBP news, Venture Capital & Private Equity.
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Join the Startup Coalition at its next event, “Fundraising Environment for Consumer or B2C Startups in 2016”, on Wednesday, May 25th from 6pm to 8pm (EDT).  Startup-Coalition_LogoThe program will be held at WeWork, 745 Atlantic Avenue, Boston, MA 02111.

MBBP’s Michael Cavaretta is a co-founder of the Startup Coalition, and will moderate the panel discussing insights and questions relevant to consumer company entrepreneurs and investors.

Michael J Cavaretta (MJC)Panelists will include both investors and entrepreneurs.

Full event details and registration information can be found here.

Howard Zaharoff & Faith Kasparian Quoted in Lawyer’s Weekly 05/05/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, MBBP news, Publishing & Media.
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HGZ Headshot Photo 2015 (M0846618xB1386)FDK Headshot Photo 2015 (M0846572xB1386)On April 28, 2016, Massachusetts Lawyers Weekly newspaper published the article titled “Ex-‘View’ co-host Hasselbeck survives copyright suit by author”. This article explains how Susan Hasset, author of “Living with Celiac Disease”, took Elisabeth Hasselbeck, author of “The G Free Diet” and “Deliciously G Free”, to court accusing her of violating copyright infringement.  U.S. District court Judge George A. O’Toole Jr dismissed the case ruling that the similarities between both books were not pervasive enough.

MBBP Attorney’s Howard G. Zaharoff and Faith D. Kasparian are both quoted on the topic of copyright laws related to recipes. Howard explains that point that, “‘There are plenty of things you can borrow or steal that are perfectly lawful’ under copyright law.” Continuing on the topic of recipe infringement, Faith follows up by applauding the judge for drawing the line regarding creativity and additional functional directions for achieving a result.

Read the full article here.

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