jump to navigation

Dane Street Selected for Boston Business Journal’s 2017 FAST 50 List 04/05/2017

Posted by Morse Barnes-Brown Pendleton in Client News.
add a comment

Dane Street Client Logo (M0739750xB1386)Firm client Dane Street has been named, for the fourth consecutive year, to Boston Business Journal’s (BBJ) 2017 FAST 50 List of Top Fastest Growing Private Companies in Massachusetts. Dane Street provides Independent Medical Examination and Peer Review services to the auto, disability, group health, pharmacy, and workers’ compensation industries.

BBJ’s publisher, Carolyn M. Jones, said “these companies represent the best examples of the Boston economy’s strength and vibrancy”. Companies are included on the list based on revenue growth over the prior three years.

Congratulations to our client! For more information, read the full article.

Early-Stage Life Science Financing: Event Recap 04/05/2017

Posted by Morse Barnes-Brown Pendleton in Corporate, Life Sciences, MBBP news.
Tags: , , ,
add a comment

By: Erin Bryan

On Thursday, March 30th, MBBP kicked off an Innovations in Life Sciences event at the Cambridge Innovation Center by hosting a panel entitled “Money and Molecules: Early-Stage Life Science Financing“. The panel included Jeffrey Arnold, President & CEO of Arnold Strategies, LLC; Timothy Sullivan, Partner at Aju IB Investment; John Tagliamonte who serves on the Advisory Board of Cocoon Biotech; Caleb Winder, Managing Director of Excel Venture Management; and MBBP’s own John Hession as moderator.JMH Headshot Photo 2015 (M0846571xB1386)

The panel provided a discussion on financing strategies for young life science companies, ranging from how to get in the door with investors to what will make your company attractive for financing. It may be surprising to many, but the entire panel echoed the fact that the financing process will take longer than is generally expected. If available, it is recommended to seek grant and other non-dilutive funding in addition to any equity financing.

The panelists identified a number of factors that they consider when a company is seeking financing, including how well the company has examined the market, identified a regulatory and a reimbursement path, understood the economics of the customer, and filed for patent protection. Additional considerations include how well the company will fit with the portfolio strategy of the investor, and how complete the management team is. Many investors will also be looking to see where in the pipeline the company’s research currently is. In general, investors want to see that the company has at least reached the molecule stage and has some small animal data supporting its research, although exceptions may always be made depending on the strength of the management team, the marketing opportunity, and the science.

These were merely a few of the interesting points discussed by the panel. Save the date for our next life sciences panel “Strategic Alliances: Pot of Gold or Pretty Poison?” (the 4th in the Life Sciences Series), which will be hosted at MBBP’s Waltham office on Friday, April 28. The panel will discuss strategic alliances between big pharma and small biotech.

List Mania: Top IP Developments of 2016 04/04/2017

Posted by Morse Barnes-Brown Pendleton in Computer Software & Hardware, Intellectual Property, Internet and E-Commerce, Privacy and Data Security, Telecommunications & Networking.
Tags: , , , ,
add a comment

wrs-headshot-photo-2016-m0980966xb1386While you may have been distracted by a tumultuous 2016, at MBBP we have been monitoring developments in intellectual property. We are happy to present, in no particular order, our list of the top IP developments of 2016, plus an Honorable Mention for 2017.

In the full article on our website, “List Mania: Top IP Developments of 2016“, Bill Schmidt covers the following developments:

  1. Patent Infringement Plaintiffs Get a “Halo”: Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.
  2. A Light at the End of the Tunnel for Software Patents?: Enfish v. Microsoft Corp.
  3. High Octane Fee Shifting: Octane Fitness, LLC v. Icon health & Fitness, Inc.
  4. Limits on “Common Sense”: Arendi S.A.R.L. v. Apple
  5. Shhh… It’s a Secret: Defend Trade Secrets Act of 2016
  6. Designs, Damages, and Dinner Plates: Apple Inc. v. Samsung Electronics Co.
  7. Personal Information Expressway: EU-US Privacy Shield Framework
  8. In Defense of Abbott and Costello: TCA Television Corp. v. McCollum
  9. Thanks, but No Thanks: UK votes to exit the European Union
  10. Honorable Mention for 2017: CRISPR/Cas9

Boston University Senior Business Lecturer Greg Stoller Shares Top Four Asian Business Trends 03/22/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Corporate.
Tags: , , ,
add a comment

Greg Stoller, a friend of the firm and a senior lecturer at BU’s Questrom School of Business, recently returned from a visit to Asia, which included visits to 10 firms in Shanghai and Hong Kong. Among the insights he gained:

Many of the firms are ditching long-term strategic planning in favor of speed and agility, in order to obtain short-term profits and keep competitors at bay.”

In his article “Four Asian Business Trends Happening in Real Time” Greg shares the top 4 trends he experienced in the way business is conducted in China and its neighbors.

Patent and Trademark Attorney Sean Detweiler Discusses Possible Risks from Using Low-Cost Trademark Registration Services in New Article 03/21/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property.
Tags: , , , ,
add a comment

Sean D. Detweiler (SDD)In the past 5 or so years, there have been a number of online, low-cost, entrants into the trademark registration space. Companies like The Trademark Company, TTC Business Solutions, and others, promote low-cost trademark registration services. However, questions have surfaced as to whether such services are operating ethically.

Sean Detweiler discusses recent charges brought against low-cost trademark registration companies by the USPTO and the potential risks from using one of these services. He states that:

It is true that the counseling and advice will likely cost more than going it on your own, or using one of these low-cost services that claim an attorney is involved. However, there is clearly a substantial risk in skipping the advice and counseling that experienced trademark attorneys offer, and either filing trademark applications pro se (as an individual, on your own) or using some of the low-cost online trademark registration providers, such as The Trademark Company.

Read the full article, “Recent Developments Should Have Trademark Owners Thinking Twice About Using Low-Cost Registration Services” for more information.

Dave Czarnecki Xconomy article: “Tax Reform and Choice of Business Entity” 03/16/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Taxation.
Tags: , , ,
add a comment

M0846543In his new article for Xconomy, “Tax Reform and Choice of Business Entity“, corporate and tax partner Dave Czarnecki discusses how the decision of choice of entity for an entrepreneur’s business has both tax and non-tax implications. The decision is especially important given the impending White House tax reform plan, which could include a reduction in corporate tax rates.

Dave poses the question:

“If the anticipated changes are adopted, should entrepreneurs be more willing to organize their business as a C-Corporation, rather than an entity that is taxed on a pass-through basis?”

Dave discusses this question and potential tax reform and the implications for businesses in the Xconomy article.

Carl Barnes Quoted in BloombergPolitics on Rex Tillerson Email Probe 03/15/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News.
Tags: , ,
add a comment

CFB Headshot Photo 2015 (M0846497xB1386)In the investigation into the accuracy of Exxon Mobil’s statements regarding the possible effects of climate change on the company, an email alias of former CEO Rex Tillerson, now Secretary of State, was discovered.

In BloombergPolitics article “Tillerson May Face Deposition About ‘Wayne Tracker’ Alias Emails“, MBBP corporate partner Carl Barnes weighs in on whether or not someone in Exxon’s general counsel’s office knew about the alias account. Carl, a former corporate general counsel, states that someone did, or should have known, about the alias email account, and that,

“If they did not know, or if they failed to bring it to the attention of the litigation team producing documents in response to the court order, that does indicate an ethical and corporate governance failure.”

While Exxon claims that it was forthcoming about the alias email account, it is more likely that Tillerson will be questioned under oath in the probe of the accuracy of its climate change statements since the discovery of the account. For more information, read the BloombergPolitics article.

Michael Jabbawy Joins MBBP as Corporate Partner 03/15/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, MBBP news.
Tags: , ,
add a comment

MRJ Headshot Photo 2017 (M1047116xB1386)We are pleased to announce the addition of Corporate Member Michael R. Jabbawy.

Michael’s practice is focused primarily in the areas of emerging and growth technology companies, venture capital, M&A transactions, and corporate governance.

As a member of the Corporate Department, Michael advises technology and other emerging companies through each stage of growth, counseling founders, management teams and boards on pre-incorporation and formation matters, corporate governance, employment matters and strategic commercial transactions, equity and debt fundraising activities, and mergers and acquisitions.

We invite you to contact Michael directly.

Early-Stage Life Science Financing Event – March 30 03/09/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Events, Life Sciences, MBBP news.
Tags: , , , , , , ,
add a comment

JMH Headshot Photo 2015 (M0846571xB1386)Don’t miss our next event, Money and Molecules: Early-Stage Life Science Financing, on Thursday, March 30 from 3:30-5pm at the Cambridge Innovation Center. Moderated by corporate attorney John Hession, a panel of experts will discuss the current complex financing environment for early-stage life science companies. Among other topics, the panel discussion will include:

  • Formulate a comprehensive and coherent financing strategy
  • Construct a financing strategy that fits the company’s timetable and milestones
  • Understand and handle the disadvantages of taking money from different investor types
  • Understand and leverage the advantages of different classes of investors
  • Optimize their chances for success

View our event page for more information and to register for the event.

Scott Connolly Weighs in on Massachusetts Family and Medical Leave Act 03/08/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Employment.
Tags: , , ,
add a comment

M0846523In a recent Mass Lawyers Weekly article “MCAD: duty of employer extends past FMLA period“, employment attorney Scott Connolly discusses employer responsibility under the FMLA, as it relates to a recent decision of the Massachusetts Commission Against Discrimination (MCAD).

The decision in M.C.A.D & LaPete v. Country Bank for Savings supports developing case law that a disabled employee may be unable to communicate effectively, requiring the employer to know when they must engage in an interactive process if the employee has asked for accommodation of their leave. Connolly explains the development of the law in this area and describes best practices for complying with the requirements of leave and disability laws.

Said Connolly:

“As of about 10 years ago, it was common practice for employers to insert firm cutoff dates for leave into their employee handbooks. As the law has developed, however, it has become clear that such arbitrary end dates will not withstand legal scrutiny.”

For more insight into employer responsibility when dealing with employee leave, read the full article: Family medical leave return to work.

You may also be interested in: Five Employment Law Traps for CFOs

 

Pick Up the (Patent Process) Pace! 03/07/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property, Life Sciences.
Tags: , , ,
add a comment

LMW Headshot Photo 2015 (M0846622xB1386)A common frustration for patent applicants is the incredibly slow pace at which an application proceeds from filing to receipt of a substantive examination report to allowance. On average it takes 15.7 months for a patent application to receive even a first substantive examination report! The Patent Office has recognized this problem and implemented several initiatives which attempt to address the problem from different angles. Lisa Warren, MBBP Managing Partner and Patent Attorney, discusses the Patent Prosecution Highway and the Track One program in her new article.

Interested in moving your patent application into the fast lane? Contact Lisa directly.

MBBP’s Amanda Phillips Named Massachusetts Lawyers Weekly 2017 Up & Coming Lawyer 03/06/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News.
Tags: , , , , ,
add a comment

Litigation associate Amanda Phillips has been named by Massachusetts Lawyers Weekly as a recipient of their “2017 Up & Coming Lawyers Award“. ARP Headshot Photo 2016 (M0884433xB1386)The recognition is awarded to a select number of attorneys who have been practicing for fewer than 10 years but whose professional achievements are noteworthy and whose service to the community is also significant.

For further detail on Amanda’s credentials and the award, read our full announcement. Congratulations, Amanda!

Chip Wry Discusses Entity Choice and Tax Reform in Accounting Today 03/02/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Taxation.
Tags: , , , , , , , ,
add a comment

Accounting Today’s article titled “To LLC or not to LLC: Entity choice and tax reform“, discusses the importance of choosing the correctM0846619 type of entity to use when forming a business, and the possible impact of an upcoming tax reform. Tax attorney Chip Wry states that while the exact outline of the tax reform is unknown, “it will be similar to the GOP Blueprint. Both the Trump plan and the Blueprint call for lower corporate and individual rates, and an intermediate pass-through rate.” Chip goes on to explain the various tax considerations of choosing a business entity and the scenarios a tax reform may present.

For further detail, read the full article.

You may also be interested in: Tax Considerations in Choosing the Proper Form of Business Entity

MBBP Client Atrex Receives Canadian Standards Association Approval for Remote Power Generators 03/02/2017

Posted by Morse Barnes-Brown Pendleton in Client News, Manufacturing, Retail & Service.
Tags: , , , , , , , ,
add a comment

Firm client Atrex Energy, Inc. received approval from a Canadian standards group for its remote power generators, which are used in applications for the oil and gas industry. This is the first-ever certification from the Canadian Standards Association (CSA) under its new FC-1 Standard for its high efficiency and fuel flexible ARP units. CSA certification is a rigorous standard of safety, and as such recognizes the safety and reliability of the technology in Atrix’s remote power generators. Many customers require equipment to have the certification, making this a major achievement for Atrex.

Atrex is based in Walpole, MA and its products offer low carbon, environmental solutions for essential off-grid power needs. To read more about the certification and Atrex’s remote power generators, read the full article featured in the latest edition of North American Oil & Gas Pipelines.

MBBP Attorneys Sean Detweiler and Bill Schmidt to be Panelists for Intellectual Property Event 02/28/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property.
Tags: , , , , , , , , , ,
add a comment

wrs-headshot-photo-2016-m0980966xb1386Sean D. Detweiler (SDD)

MBBP patent and trademark attorney Sean Detweiler and patent attorney Bill Schmidt are scheduled to be panelists for an upcoming event on March 23rd as they discuss “Intellectual Property: The Ins and Outs of Intellectual Property (IP)”. Sean and Bill will be answering questions as they relate to Intellectual Property, specifically patents, in order to save people time and money by answering general questions prior to a client contacting an attorney.

This event will take place on March 23rd from 2-4pm at TechSandbox, with the attorneys covering the basics of IP and patents, and a Q&A session to follow. In addition, attendees with further questions will each have the special opportunity of a one-on-one session with one of the attorneys.

This is a very special event you don’t want to miss! View the event page for more information.

Ryan Perry Discusses Profits Interests and their Potential Business Benefits and Caveats in New Article 02/27/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, Taxation.
Tags: , , , , , , , , , , ,
add a comment

rjp-headshot-photo-2016-m0949892xb1386One of the first and most important tax-driven decisions a founder must make is the type of entity in which to house his or her venture. Though much ink has been spilled over the pros and cons of choosing a corporation versus a limited liability company, or LLC, one thing is certain: most folks understand corporations better than LLCs. And who could blame them? LLCs can be complicated entities – so flexible that they often seem downright weird. As a result, even when a founder decides that an LLC is the right fit, it is often structured to look as much like a corporation as possible. We denote membership interest as stock-like units, we view boards of managers simply as directors by another name, and yes, we sometimes even issue options to employees. Equity compensation strategies in the world of the LLC, however, can be much thornier propositions than they are for the humble corporation.

For more information about profits interests and other equity compensation strategies, read the full article or contact Ryan Perry.

Howard Zaharoff Highlights 2016 Copyright Legislative and Regulatory Developments 02/16/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property.
Tags: , , , , , , , ,
add a comment

HGZ Headshot Photo 2015 (M0846618xB1386)While many are reflecting on the key copyright cases of 2016, Howard Zaharoff states the necessity of noting the important copyright legislative and regulatory developments that also took place. In his most recent article, Copyright Law: Legislative and Regulatory Developments, Howard discusses developments by the House Judiciary Committee, the Small Copyright Claims Tribunal, and the new procedure for registering designated agents under the DMCA, among others.

For an overview on these and other copyright developments, read the full article.

MBBP’s 2016 M&A Year in Review 02/14/2017

Posted by Morse Barnes-Brown Pendleton in Corporate, Deal News, Internet and E-Commerce, M&A, Manufacturing, Retail & Service, Public Companies.
Tags: , , , , , ,
add a comment

The MBBP M&A team has extensive experience guiding clients through the complexities of M&A transactions in diverse markets. Over the last decade, we have represented hundreds of publicly-traded and privately-held companies in transactions, both buyers and sellers, valued from several million dollars up to hundreds of millions of dollars. For a sampling of our 2016 transactions, visit our M&A blog.

squares.jpg

MBBP’s Shannon Zollo and Josh French Discuss Quickly Enacting Trump Administration Policies in BBJ Article 02/10/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate.
Tags: , , , , , , , , ,
add a comment

M0846567   Josh French

In an article in the Boston Business Journal, Corporate partner Shannon Zollo and corporate senior attorney Josh French discuss the importance for the Trump administration to act quickly in enacting new policies that were promised during Trump’s campaign. The potential legislation, including protectionist trade policies, corporate tax reform, increased infrastructure spending, and immigration reform, has left businesses feeling uncertain about how to move forward with their business strategies. Zollo and French argue that the Trump administration must act quickly to enact legislation in order to foster a more certain business environment.

For further detail, read the full article.

Mary Beth Kerrigan Was Encore Panelist at CLE Webinar on Venture Backed M&A 02/10/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Corporate, M&A, Venture Capital & Private Equity.
Tags: , , , , , ,
add a comment

M0846587Back by popular demand, corporate partner Mary Beth Kerrigan spoke on an encore panel of this year’s ABA Business Law Annual Meeting, titled “Venture Backed M&A: Special Considerations”.  Mary Beth and her fellow panelists discussed complex issues that commonly arise in acquisitions of venture-backed companies, including complicated waterfalls, the blurring of management incentives with purchase price, and much more.

Congratulations to Mary Beth on another job well done!

To learn more about the conference, visit the ABA’s event page.

%d bloggers like this: