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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.

Lisa Warren Speed Mentoring at Northeastern University School of Law Today! 05/20/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Intellectual Property.
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MBBP Managing Partner Lisa Warren will partake in Northeastern University School of Law’s Annual Women in the Law conference this afternoon.  Warren will provide career guidance to attendees in 15-minute intervals during the “Speed Mentoring” breakout session, beginning at 1:45pm.Lisa Warren

The Women in the Law conference aims at providing professional development and career guidance to women attorneys and professionals.  Session topics include Where Two Trails Converge: Navigating Social MediaPartnering Your Way to the Summit: Public/Private Partnerships, and Expanding Your Personal Public-Private Network to Create Opportunities.  It begins this morning and will take place in the law school.

Howard Zaharoff and Erin Bryan Speaking at 2016 Intellectual Property Law Conference 05/19/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events, Intellectual Property, Litigation, MBBP news.
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EEB Headshot Photo 2015 (M0846503xB1386)IP and Technology Licensing Attorney Howard ZaharoffIntellectual Property Law 2016: The 19th Annual New England Conference will take place on June 23rd at the MCLE Conference Center in Boston, MA. This conference will focus on new developments, trends, and industry-specific guidance that IP, business, and litigation counsel must know. MBBP attorneys Howard Zaharoff and Erin Bryan are both on the Faculty, with Howard also serving as a Co-chair. Erin will be presenting at the conference on the topic of IP issues in 3D printing and bioprinting.

The conference will also be available by both live and recorded webcast.

New Overtime Regulations Will Result In Many More Workers Becoming Entitled To Overtime 05/18/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment.
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We’re reviewing the Department of Labor’s new overtime regulations in our Massachusetts Employment Law Blog.  Click here to read about the DOL’s Final Rule, which President Obama announced the publication of today.2015-01-05_8-57-41

Massachusetts 2016 Tax Amnesty Program Ending Soon – Action May be Required by May 31, 2016 05/16/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Litigation, Taxation.
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Businesses and individuals who owe Massachusetts back taxes may be able to take advantage of the Massachusetts 2016 Tax Amnesty Program.  Eligible participants may benefit by having the accrued penalties and interest on penalties related to their tax liability waived.massachusetts-department-of-revenue-squarelogo

The window for participating ends on May 31, 2016, however.  Go to the Massachusetts Department of Revenue website (here and here) to learn more.

Defend Trade Secrets Act of 2016 Signed 05/11/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Intellectual Property.
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By Sandra E. Kahn

SEK Headshot Photo 2015 (M0912965xB1386)Today President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), which creates a new federal civil cause of action for trade secret theft. While claims for trade secret theft may still be brought under the various state laws which protect intellectual property, this new law will provide uniform protection on the federal level. The DTSA also provides protection for whistleblowers, granting immunity to parties who disclose a trade secret to the government or an attorney to report wrongdoing, or as part of an anti-retaliation lawsuit. Of particular interest is the requirement that employers must now provide a notice of this immunity protection in any contract or agreement with an employee (or an independent contractor or consultant) that governs the use of a trade secret or other confidential information. To learn more about the DTSA, click here.

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.

New Federal Law Protects Trade Secrets But Also Requires Changes to Employee and Contractor Agreements 05/05/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Intellectual Property, Licensing & Strategic Alliances, Privacy and Data Security, Public Companies.
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By, Sandra E. Kahn SEK Headshot Photo 2015 (M0912965xB1386)

It is expected that President Obama will soon sign into law the Defend Trade Secrets Act of 2016 (DTSA), which creates a new federal civil cause of action for trade secret theft.  While claims for trade secret theft may still be brought under the various state laws which protect intellectual property, this new law will provide uniform protection on the federal level.

The DTSA defines trade secrets consistently with the Uniform Trade Secrets Act (UTSA), and applies broadly to any trade secrets “related to a product or service used in or intended for use in, interstate or foreign commerce.”  Along with the ability to bring a lawsuit to fight trade secret theft and pursue equitable remedies and the award of damages for the misappropriation of a trade secret, the DTSA also includes a provision for expedited relief on an ex parte basis to prevent the dissemination of misappropriated trade secrets, which may be obtained under “extraordinary circumstances.”

The DTSA also provides protection for whistleblowers, granting immunity to  parties who, under certain circumstances, disclose a trade secret to the government or an attorney to report wrongdoing, or as part of an anti-retaliation lawsuit.  Of particular interest to our clients is the requirement that employers must now provide a notice of this immunity protection in any contract or agreement with an employee (or an independent contractor or consultant) that governs the use of a trade secret or other confidential information.    If this notice is not included in all contracts which are signed or revised after the effective date of the act, the employer will not be able to recover exemplary damages and attorneys’ fees under the DTSA (although the employer may still pursue any available damages under other causes of action).  Employers are advised to consult with their counsel to revise all agreements with employees and contractors in order not to run afoul of this requirement.

The DTSA, by itself, may not be used to prevent a departed employee from entering into a new employment relationship with a competitor, and provides that any conditions placed on such employment must be based on “evidence of threatened misappropriation and not merely on the information the person knows,” in effect rejecting the doctrine of inevitable disclosure.

Firm Client PMS Bites to be Featured on Shark Tank! 05/05/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Events, MBBP news.
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MBBP client PMS Bites will appear on ABC’s Shark Tank on May 20, 2016.  PMS Bites are indulgent, yet nutritious, snack balls made to satisfy chocolate cravings during the week women need it most! All bites are gluten free, vegan, and made with all natural ingredients.logo

Tune in on Friday May 20th at 9pm to catch the episode!

TechSandBox Featured in Worcester Business Journal 05/04/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, MBBP news, Telecommunications & Networking.
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The Worcester Business Journal highlighted Firm client TechSandBox in an article discussing the increasing presence of startup incubators.  TechSandBox Logo (M0654842xB1386)Barbara Finer, CEO and founder of TechSandBox, detailed the benefits and necessary components for a successful co-working space.  MBBP’s Howard Zaharoff serves on the Board of Directors for the Hopkinton based innovation center.  Read the full article for more details.

Additionally, MBBP’s relationship with TechSandBox allows our attorneys to serve as experts at TechSandBox events.  Josh French will be a panelist for TechSandBox’s unPanel event, which will be held tomorrow,  Thursday May 5th.

M&A Considerations for Venture-Backed Companies – Register now! 04/27/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Corporate, Events, M&A, MBBP news.
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MBBP to host a panel of experienced deal makers who will provide an insider’s perspective on what it takes to successfully position a venture backed company for sale and get a deal done. These panelists include Brady BohrmannTed Gillick, and Douglas Melsheimer. They all represent unique perspectives of a buyer, seller, and banker and each bring years of experience in venture-backed M&A.

Topics that will be addressed include positioning your company for a successful exit, various stakeholders in an M&A transaction, buyers assessing strategic fit, and best practices to ensure a smooth transaction and done deal.

The event will take place on Thursday, May 19th at 4:00pm at the Cambridge Innovation Center. Seating is limited – Register here.

 

 

5/4/16 – Life Sciences Series Panel 1: Business and IP Strategy 04/21/2016

Posted by Morse, Barnes-Brown Pendleton in Events, Intellectual Property, Life Sciences, MBBP news.
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reg now buttonJoin us at MBBP‘s Waltham office on Wednesday, May 4th at 7:00am for a look at Building Your Product & Patent Strategy from the Ground Floor. This is the first of four events in the 2016 Life Science Panel Series.

This lively panel of experts will discuss how to structure a well-crafted intellectual property portfolio. They have all built and analyzed multiple portfolios and will share their experiences on the do’s and don’ts in both organically growing an IP portfolio and in-licensing key properties.

Panelists include:

  • William Edelman Social Entrepreneur and C-Level Executive, Paragonix Technologies, NewVert, VitaThreads, Flexicath, First Light Biosciences
  • Molly Hoult Vice President, Fletcher Spaght Ventures
  • Michael McDonald, Ph.D. Director of Intellectual Property, bluebird bio

Seating is limited. Register today!

Josh French Panelist for TechSandbox’s unPanel Event 04/20/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Corporate, Events, Telecommunications & Networking.
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Josh FrenchOn May 5th, Attorney Josh French will be a panelist at “Networking with a Twist: The Expert’s unPanel” presented by TechSandBox. On this panel will be ten experts in all different aspects of starting a business. Josh French will be representing the legal viewpoint.

The unPanel does not have a typical panel program outline and instead is an opportunity for attendees to ask the questions and steer the conversation. The event targets young companies, startup founders, and people considering starting a business. Topics could include contracts, banking, product prototyping, angel investors, and finding low cost resources.

For more information, visit the TechSandBox calendar.

 

 

Attorney Carl Barnes Panelist on Fairness Opinions 04/14/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events, M&A, MBBP news.
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Carl Barnes (CFB)MBBP Attorney Carl Barnes will be a panelist in a webinar presented as part of the BDO KNOWLEDGE Webinar Series program, “When and Why Should a Board Require an Independent Fairness Opinion.” This moderated panel discussion, to be held from noon to 1:00pm, Boston time, on May 5, will focus on what fairness opinions are, what they are not, valuation techniques, and the role fairness opinions play in helping directors to fulfill their fiduciary duties in M&A and other transactions.

To register for the webinar, please visit BDO’s event registration page.

Attorney Shannon Zollo Panelist at AMAA New England Meeting 04/13/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Events, M&A, MBBP news.
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MBBP Attorney Shannon Zollo will be a panelist at the SSZ Headshot Photo 2015 (M0846567xB1386)upcoming Alliance of Merger & Acquisition Advisors New England Chapter meeting on Monday, May 9th. The topic of this meeting is, “Bridging the Valuation Gap – Earn Outs”. Specifically, the panelists will discuss the use of earn outs in M&A, structural considerations, measurement methods, legal issues, tax implications, valuation and financial reporting, and potential pitfalls.

To learn more and to register, check out the AMAA New England Chapter Event page.

Sequenom Petitions Supreme Court to Clarify Scope of Mayo in Sequenom v. Ariosa 04/05/2016

Posted by Morse, Barnes-Brown Pendleton in Intellectual Property, Legal Developments, Life Sciences, Medical Devices.
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M0846516Late last month, Sequenom, Inc. filed a Petition for Writ of Certiorari requesting the United States 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.

Sequenom’s discovery related to the discovery of cell-free fetal DNA circulating in maternal plasma, which was used to invent a test for detecting fetal genetic conditions in early pregnancy, and thereby avoid subjecting the mother to dangerous, invasive techniques such as amniocentesis.  The Federal Circuit agreed that Sequenom’s invention combined and utilized man-made tools of biotechnology in a new way that revolutionized prenatal care; however, in view of Mayo, such inventions were deemed patent-ineligible as a matter of law, since their new combination involved only a “natural phenomenon” and techniques that were “routine” or “conventional” on their own.

Despite the Federal Circuit’s reluctant holding that Sequenom’s claimed inventions were not patent-ineligible, multiple judges wrote separately to explain that while this result was probably not intended by Mayo, that decision controlled and only the Supreme Court could clarify Mayo’s reach to prevent a “crisis of patent law and medical innovation.”  Sequenom’s petition now asks the Supreme Court to clarify the scope of its Mayo decision in view of Sequenom’s claimed inventions, and to determine whether a novel method is patent-eligible where: (1) a researcher is the first to discover a natural phenomenon; (2) that unique knowledge motivates him to apply a new combination of known techniques to that discovery; and (3) he thereby achieves a previously impossible result without preempting other uses of the discovery.

If the Supreme Court grants certiorari it will have a compelling set of facts before it to clarify the scope of Mayo, and we patiently await its decision, which will have high stakes for the life sciences community.

For more information, contact Patent Attorney Stan Chalvire.

Just Posted – MBBP’s 2015 M&A Year in Review! 03/31/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, M&A, MBBP news.
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M&A TodayCheck out MBBP’s M&A Today blog for a sampling of our successful M&A transactions from 2015.

We take pride in guiding clients through the complexities of M&A transactions in markets as diverse as analytical instruments, software, SAAS, industrial controls, pharmaceuticals, biotech, medical devices, transportation, professional services, and oil & gas.

Cheers to great clients!

 

 

MBBP Attorney Joe Martinez to Speak About The Art of Raising Capital 03/21/2016

Posted by Morse, Barnes-Brown Pendleton in Corporate, Events, Venture Capital & Private Equity.
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MITEF-Full-Color-e1438717228333Thursday, March 24, MBBP attorney Joe Martinez will be speaking at a session of the MIT Enterprise Forum of Cambridge’s Start Smart program.  The discussion will be about the Art of Raising Capital and Joe will be joined by Christopher Mirabile, Managing Director of Launchpad Venture Group and Chair of the Angel Capital Association board.

Start Smart is a hands-on workshop for new and seasoned entrepreneurs alike who are serious about launching a new business venture. The Start Smart program provides entrepreneurs with the information and contacts necessary to help start a new start-up venture in as successful a way as possible.

More information about the program and the full list of speakers can be found here or by contacting Joe.

Employees and St. Patrick’s Day – what could go wrong there?!? 03/17/2016

Posted by Morse, Barnes-Brown Pendleton in Employment.
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shamrock-iconEmployers already know that sexual harassment in the workplace is illegal and can result in liability, but employers should also know that under some circumstances sexual harassment outside of the workplace can result in employer liability.

Check out today’s post on our Employment Law Blog to learn more!

Happy St. Patrick’s Day from our Employment Team!

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