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New Employment Law Alert: Non-Compete Reform Update 06/30/2016

Posted by Morse, Barnes-Brown Pendleton in Client News.
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2015-01-05_8-57-41MBBP’s Employment Law Group just released a follow-up Employment Law Alert on noncompetition reform. In the prior alert, clients were informed about a proposed bill, H. 4323, imposing strict new requirements on the use of employee noncompetition agreements in MA. Yesterday, the Massachusetts House of Representatives unanimously approved a slightly modified bill, H. 4434.

Learn more in our Employment Law Blog.

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.

New Employment Law Alert: Non-Compete Reform 06/28/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.
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2015-01-05_8-57-41MBBP’s Employment Law Group just released an Employment Law Alert. As legislative efforts for post-employment noncompetition agreement reforms have remained at a standstill for the past eight years, Speaker Robert A. DeLeo has signaled support for a bill entitled, “Massachusetts Noncompetition Act”. If H. 4323 is enacted, employers will have to quickly and carefully revise their employee restrictive agreements to comply with the new law.

Read the full post here.

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.

MBBP Client Valeritas, Inc. Announced Positive Results for V-Go® Disposable Insulin Delivery Device 06/16/2016

Posted by Morse, Barnes-Brown Pendleton in Client News.
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big valMBBP client Valeritas, Inc. has recently announced positive results for four studies on their flagship product. Valeritas is a commercial-stage medical technology company focused on developing innovative solutions to improve health and quality of life of people with Type 2 diabetes.

Their flagship product is the V-Go® Disposable Insulin Delivery Device which is a small, wearable, disposable insulin delivery solution for the delivery of basal-bolus insulin therapy in adults with Type 2 diabetes.

The four studies were as followed:

Study 1: Evaluating the Impact on Diabetes Control with V-Go® For Patients with Diabetes not Achieving Optimal Control: A Retrospective Cohort Analysis in a Large Endocrine and Specialized Diabetes System

Study 2: Evaluating V-Go® In Patients 65 Years of Age or Older with Poorly Controlled Diabetes: A Health Outcome and Economic Analysis from an Endocrine and Diabetes Specialty System

Study 3: Optimizing Insulin Therapy in Older Adults in Long-Term Care: A Com   parative Retrospective Analysis of V-Go® vs. Standard of Care

Study 4: Improved Glycemic Control in Patients with Type 2 Diabetes Switching to the V-Go® Insulin Delivery Device: A Prospective Study Utilizing Continuous Glucose Monitoring

These studies showed that when using, or switching to V-Go®, patients with diabetes experienced improved glycemic control, a reduction in A1C and cost savings when compared to comparison treatments. Overall, Dr. David Sutton remarks, “The studies that I am involved with provide data that continues to support the real-world clinical value of using V-Go® in patients that require insulin. Importantly, the data presented at ADA shows the value of V-Go® in older patients that require both a clinically-effective and cost-effective therapy.”

Great work, Valeritas, Inc.!

For more information, read Valeritas press release.

With Seagate Overturned, More Careful Analysis of Competitor Patents May Be A Good Idea 06/14/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Intellectual Property, New Resources.
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Sean D. Detweiler (SDD)By: Sean D. Detweiler

The U.S. Supreme Court has just issued a decision in two unrelated cases[1] that overturns the 2007 Federal Circuit ruling[2], known as “Seagate”. The Supreme Court considers Seagate to be “unduly rigid” and overly limiting as to the potential for enhanced damages in patent infringement cases.

Since 2007, under the now-overturned-Seagate-analysis, a patent infringer could more easily avoid paying treble, or otherwise enhanced damages for their infringing activity, by simply demonstrating that they had not acted in an “objectively reckless” manner regarding their infringing activities. This essentially meant that a patent infringer could escape paying higher damages as long as they could present virtually any form of explanation or reason as to why they did not consider their activity to be infringing. This could even, in some instances, include asserting a defense during the patent infringement trial that they ultimately lost, with nothing else such as a non-infringement opinion or other legal analysis.

Now in 2016, based on this overturned decision, a court can assess enhanced damages under 35 U.S.C. §284, including treble damages, for patent infringement activities at the discretion of the court. This decision eliminates the more rigid test requirements of Seagate, which means courts can now assess enhanced damages more often for less egregious infringing activities.

How does this affect you? The Supreme Court decision did not go so far as to specify whether willful infringement is required for an enhanced damages award (vs. a requirement that the infringement be “egregious”). As such, in a patent infringement case where infringement is found, the court will take into account all evidence and at its discretion decide at the end of a trial whether the patent infringer should be on the hook for enhanced damages or not. Many had interpreted the Seagate ruling of 2007 as reducing the need for non-infringement opinions to be drafted by attorneys as a protection against enhanced damages should infringement be found.

Whether or not you had that view in 2007, it is clear that now with Seagate being overruled you may want to more carefully consider whether you should obtain at least a legal memorandum or analysis, if not a full-fledged legal opinion, from your patent attorney if you are concerned about a competitor patent and whether your product may infringe. If nothing else, it appears that in light of this Supreme Court decision such documents from your attorney will now do more to protect you from enhanced damages, including treble damages, if you are found to infringe another’s patents.

For more information concerning this issue, please contact Sean D. Detweiler.

[1] Halo Electronics, Inc. v. Pulse Electronics, Inc., U.S., No. 14-1513, 6/13/2016; Stryker Corp. v. Zimmer, U.S., No. 14-1520, 6/13/2016

[2] In re Seagate Technology, LLC, 497 F. 3d 1360

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.

MBBP Partner Carl Barnes to be Panelist on MCLE M&A Program 06/10/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Events, M&A.
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Carl Barnes (CFB)Carl Barnes will be featured as a panelist on the upcoming MCLE program “Representations, Warranties, Indemnification and Termination Provisions: Drafting and negotiating to allocate risk in business transactions”.

For more detail and for information on how to register, visit our M&A Today blog.

MBBP Client Kewill Finalizes Acquisition of LeanLogistics 06/09/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Deal News, M&A.
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Firm client Kewill announced that as of June 1, 2016, its acquisition of LeanLogistics is closed.  The acquisition will allow the two companies to better serve their customers’ supply chain logistics needs.

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Kewill specializes in enabling its clients to efficiently move their information and goods across the global supply chain through its logistics software.
LeanLogistics’ is a software as a service (SaaS) company with a cloud-based transportation management system. 2016-06-09_11-49-46

Kewill’s acquisition of LeanLogistics creates “the most expansive and largest carrier network feeding into the most sophisticated Transportation Management platform available in North America.”  Congratulations to both companies on the acquisition!

June ELA Published: “Magic” Numbers 06/08/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, New Resources.
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ELA Advisor Banner (M0836835xB1386)MBBP’s Employment Law Group just released its June Employment Law Advisor. It is crucial for businesses to be aware of the ever-increasing array of laws that govern the workplace in order to maintain legal compliance and avoid legal exposure. For growing businesses, it is specifically important to understand how the number of employees dictates when the state and federal jurisdictions apply.

To learn more, check out our Employment Law 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.

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

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Intellectual Property.
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Lisa WarrenMBBP 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.

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.

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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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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2015-01-05_8-57-41We’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.

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.

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