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Not often viewed as being on the short list for promotion, or perhaps already considered to have arrived at the top of their game, chief legal officers are unexpected candidates for the position of CEO in technology and other companies. Overarching responsibilities and involvement in critical matters afford them a thorough understanding of the business…

Whether you are expecting to unwrap an unmanned aircraft (drone or UAS) this year, or to give this highly popular device as a gift, take heed of a new regulation enacted by the FAA on Dec. 14, 2015. In anticipation of nearly 400,000 drones expected to be sold over the holidays, and citing a surge…

As an emerging tech company, trade secrets and other confidential information can provide you with competitive advantages in the marketplace. However, as your business grows, the need to protect critical trade secrets is sometimes overlooked. Unfortunately, failure to take reasonable measures to safeguard this information may result in the inability to protect these valued assets when necessary.

Emerging tech companies can gain an advantage in protecting their trade secrets by taking a systematic approach to:

  1. understanding their trade secret portfolios;
  2. evaluating the strengths and weaknesses of existing policies and procedures being used to protect these valuable assets; and
  3. implementing corrective measures to protect trade secrets from misappropriation and misuse.

For companies without existing policies and procedures, conducting a comprehensive trade secret audit may be beneficial as well.Continue Reading Is Your Business Good at Keeping Secrets?

The Federal Circuit recently issued two opinions directly impacting software patent practitioners. Grounded in 35 U.S.C. §112(f) (or pre–American Invents Act §112, para. 6), the cases deal with claims containing “functional language,” and hold that there must be detailed support in the patent’s specification that describes the “means” by which a claimed function is carried…

The SEC has adopted new rules which would permit companies to offer and sell securities through online crowdfunding. Crowdfunding is a method of raising capital by monetary contributions from a large number of people, usually through the Internet. The new rules will allow small businesses and entrepreneurs to more easily raise capital, and will permit average citizens to invest in startups and early stage businesses. Companies are no longer required to offer securities only to accredited investors; now, anyone can participate in an equity offering, subject to certain investment limits. The new rules were enabled by the 2012 JOBS Act, which created an exemption to the existing securities laws to make equity crowdfunding possible. The SEC has been working on crafting new rules since that time. (These new crowdfunding rules should not be confused with, and do not replace, other rules adopted pursuant to the JOBS Act several years ago that expanded the ability of issuers to raise capital using Rule 506 0f Regulation D.)
Continue Reading SEC Permits Companies to Sell Securities Through Crowdfunding

Excerpted from the author’s article published in VC List. To read the complete article, please click here.

Patents can provide broad protection for invention and innovation. They can cover almost any novel aspect of a technology, including hardware, software, materials, and business methods. Many innovation developed by an emerging technology company can likely be patented, and patenting those innovations can create significant advantage in the marketplace.

A strong patent portfolio can help attract investments for emerging tech companies. Investors often look to see whether a fledgling company has protected its intellectual property (IP) when determining whether to invest.

Considerations When Disclosing Information about Your Invention

In the United States, as well as most of the world, the prior sale, prior use or public disclosure of the invention by the inventor or others may affect your ability to obtain a valid patent. Inventors may inadvertently jeopardize their ability to successfully apply for or be granted a patent by disclosing information about the invention to the public.

Manage Confidential Information to Avoid Unintentional Loss of IP Rights

One of the most important ways to protect IP is to avoid inadvertent or unplanned public disclosure. If the invention is released into the public domain — whether by publication, presentation, posting on a website, blogging, discussion with potential customers or suppliers — before a patent application has been filed, a total loss of the right to obtain a patent can result. Additionally, such inadvertent disclosure of the invention can reduce or eliminate competitive advantage.

To help protect your IP, there are some very basic documents you should always have in place to protect ownership and confidentiality of your intellectual property. The major ones are invention assignment agreements, NDAs, and employee handbooks.
Continue Reading Managing Your Patent Portfolio to Attract Investments

The world marketplace often seems out of reach to small businesses.  Accessing foreign markets for the export of goods and services is sometimes not even on the radar for some companies and some determine that it is unattainable because the resources are not there to invest in developing the opportunities.  Recognizing this, the U.S. Small…

Health_Cloud_shutterstock_129963686As companies continue to implement mobile health apps, aggregate clinical trial results, and isolate disease through computer modeling, they are also focused on possible risks. Harnessing cloud technology gives rise to a constant concern about keeping sensitive data secure.

Medicine has led the drive for nimble handling and accessibility of information.  Electronic health records and clinical decision support have been widely adopted. Physician order entry facilitates scrutiny of outcomes. Stats can be compared thanks to industry standards for sharing. Devices for patient compliance and fitness provide value by accumulating user information to assess individual results and detect trends. Finally, better processing power can employ sophisticated algorithms to sift hundreds of millions of compounds and billions of DNA base pairs in a quest to discover drug targets.Continue Reading Your Health in the Cloud

International law firm Greenberg Traurig, LLP represented client Vizo Inc. in its recent round of startup financing. Vizo Inc. develops and operates the “Vizo” mobile news application, delivering curated summaries of trending news stories to users, accessed through visual headlines, several times per day. The transaction provided Vizo with approximately $750,000 in funding, which it used to launch the Vizo application Sept. 28, 2015, on mobile devices.

Greenberg Traurig’s northern Virginia team, led by Corporate & Securities Practice Shareholder Scott Meza along with Associate Ryan P. Kelley, advised Vizo on the structure and terms of the transaction and assisted in negotiations with investors, many of whom were returning to Vizo after making initial seed investments in 2014.Continue Reading Greenberg Traurig Represents Vizo, Inc. in its Startup Financing

Structured exits are investment structures designed to achieve a desired investment return without reliance upon a traditional exit. Structured exit investments are ideal not only for impact investments, but also for investment-worthy companies with low exit probabilities. These structures open a new universe of potential funding for companies in underserved markets without access to traditional…