Category Archives: Legal Issues

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Shhh ... Don't Tell Anyone: Tips on NDAs

NDA
The Non-Disclosure Agreement (“NDA”) is a document that is very often prone to misuse in commercial practice. Often, when business teams from two companies get together, the first thing they do, almost as a box-checking measure, is toss over one company’s standard two-way NDA, without much thought as to whether the NDA should, in fact, … Continue reading this entry

Patent System after Oil States and SAS – What’s the future?

SCOTUS
On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 (Oil States) and SAS Institute Inc. v. Iancu, 16-969 (SAS).… Continue reading this entry

Foley's Automotive Technology Program

Connected Cars
Join us for Foley’s Emerging Automotive Technologies: Tomorrow’s Trends Today where industry leaders will discuss fully connected and self-driving cars, improvements to alternative energy for vehicles, and several other technologies being used in the automotive industry. REGISTER HERE This program will showcase industry leaders, venture capitalists and legal professionals as they share insights around how companies … Continue reading this entry

Mobility, New Technology, Compliance Take Center Stage at Foley’s 2018 Auto Show Program

Exponential technological growth and transformative change are creating unique opportunities and challenges for the automotive industry. That was a key theme of Foley’s 2018 Auto Show Program, hosted by Foley partners Mark Aiello and Ann Marie Uetz and held on January 17, 2018, alongside the North American International Auto Show in Detroit.… Continue reading this entry

Ten Things To Know About Maryland’s Proposed Telehealth Rules

The Maryland Board of Physicians evaluated, then tabled for further consideration, a set of new telehealth rules designed to expand the opportunities for hospitals and providers to deliver virtual care services in Baltimore and throughout the State.  The Board held a public hearing on January 24, 2018 to review proposed telehealth rules originally issued late … Continue reading this entry

Game Over for Net Neutrality: Esports in a Deregulated Internet

Riot Games may well be right: A new era has begun in the world of esports. Recently, the FCC made the controversial decision to repeal the Net Neutrality regulations from 2015. Net Neutrality is the principle that all information and data on the internet be treated equally. In a world with Net Neutrality regulations, Internet Service … Continue reading this entry

Foley & Lardner to Host 2018 Brainbabe - STEAM Conference Connection Kick-off

Please join Foley’s Technology Industry Team on Thursday, January 25, 2018 at Foley’s Boston office (111 Huntington Avenue, 25th Floor, Boston, MA 02119) as we host Brainbabe’s STEAM Conference Connection Kick-off. Click HERE to register. Deidre Diamond, CyberSN and Brainbabe Founder and CEO will be presenting. This is a MUST ATTEND event for all cyber … Continue reading this entry

Critical Considerations for Service Level Management

In the last couple of weeks you have certainly been thinking about your New Year’s resolutions. As 2018 kicks off, there’s no better time to the think about how to manage your suppliers and your procurement process. Service Levels are often utilized to monitor service delivery and service results, but too often customers of technology … Continue reading this entry

The Impact of Employee Training on Cybersecurity Breaches

Every organization is exposed to information security threats daily. It is essential that organizations have an information security protection program that is properly designed, documented, executed, and updated to minimize exposure to information loss, disruption of operations, and liability to third parties and regulators. An effective cybersecurity risk management program requires an effective governance structure … Continue reading this entry

Foley & Lardner to Sponsor Venture Cafe's IoT Connect 2017

Foley & Lardner’s Technology Industry Team is a proud sponsor of Venture Cafe’s IoT Connect 2017: What’s Hype and What’s Happening in IoT. SAVE THE DATE: November 30, 2017 from 3:00 p.m. to 8:30 p.m. Venture Cafe is located at One Broadway, 5th Floor, Cambridge, MA 02142. Please join us for all or a portion … Continue reading this entry

Three Years Later, Foley Survey Reveals Positive Prognosis for Telemedicine

  We are excited to announce that Foley’s 2017 Telemedicine and Digital Health Survey is now available on foley.com. When we launched Foley’s inaugural Telemedicine and Digital Health Survey in 2014, health care executives weren’t ready to make telemedicine a significant focus of their business and patient strategies. In fact, 87 percent of respondents did not expect … Continue reading this entry

Cloud Computing 101: Tips to Control Waste

In an industry poised to exceed $250 billion in the the coming years, there isn’t a better time to review your cloud deals to ensure your company is getting maximum value for its cloud spend. As Ian Barker reports, companies are wasting an enormous amount of money on cloud services. These excess costs can be reduced … Continue reading this entry

Foley & Lardner Advises Black Duck Software on Pending Sale to Synopsys

Foley & Lardner is advising Black Duck Software, Inc. on its pending sale to Synopsys. Massachusetts-based Black Duck is a leading provider of automated solutions and open source software. Synopsys provides high-quality, silicon-proven IP solutions for SoC designs. Under the terms of the definitive agreement, Synopsys will pay approximately $565 million, or $548 million net … Continue reading this entry

Exclusion for Qualified Small Business Stock

The Protecting Americans from Tax Hikes Act, passed in December 2015, extended an often overlooked provision of the tax code with the potential to provide significant savings to small business owners and non-corporate investors.  Section 1202 of the Internal Revenue Code permits the seller of a “qualified small business” to exclude up to 100% of … Continue reading this entry

Unlocking the SAFE – An Alternative to Convertible Notes

With the increasing level of investment in emerging companies, entrepreneurs are being presented with a wider range of financing documents. One of the relatively newer financing instruments is the “SAFE” (simple agreement for future equity). While some founders and investors believe that the SAFE is a more straightforward replacement for a convertible promissory note, others … Continue reading this entry

Just Because You Say It, Doesn't Make It So

Many companies in the technology industry pay workers as “independent contractors” or “1099 workers.” In theory, classifying individuals as independent contractors rather than employees can bestow significant economic benefits on a company. This option may be very attractive to a start-up who may be short on cash to pay salaries and fringe benefits. When independent … Continue reading this entry

The Delaware Rapid Arbitration Act: Quick and Easy – But Does it Work in the VC/PE Context?

The Delaware Rapid Arbitration Act (DRAA), effective as of May 2, 2015, is a recent arbitration statute that promises to be popular among parties to a wide range of business agreements. The DRAA is intended to be used principally for the resolution of commercial disputes between businesses, but it has been appearing in venture capital … Continue reading this entry

Self-Driving Cars: Legal Issues Ahead

Companies including Apple, Google, Tesla, Toyota and Uber are all developing and testing self-driving car technology. Toyota announced in November that it would spend $1 billion over the next five years on research centers related to autonomous vehicles at both MIT and Stanford. Apple, Google, Tesla and Uber have also committed to substantial research initiatives … Continue reading this entry

Choosing the Right Path for Liquidity: Business and Personal Considerations

Choosing to sell is only the first of many complicated decisions founders make when considering an exit. Founders face countless challenges at this crucial turning point for their company. At the 2015 FOLEYTech Summit, Susan Pravda, Foley’s Boston Office Managing Partner, led panelists David Friend, Co-Founder and Executive Chairman of Carbonite, Inc.; Ron Gruner, Co-Founder … Continue reading this entry

Tips for Protecting Your Company Against Cyberattacks

Cybersecurity has become, as it should, an extremely important topic on company boards’ agendas. The main question on everyone’s mind is: “How can we eliminate this problem?” The answer, unfortunately, is that you can’t. Hackers are becoming more sophisticated, and their knowledge evolves with every new technology. As discussed by a panel of experts at … Continue reading this entry

Five Questions for Early-Stage Companies Looking to Protect Their IP

Throughout previous Emerging Company Exchange posts, we’ve discussed the importance of intellectual property (IP) for technology companies.  For medical device companies, regulatory guidelines present challenges that should be considered when developing an intellectual property strategy. Learn more about five common intellectual property quandaries facing early-stage medical device companies in our recent article on Medical Design … Continue reading this entry

“Better, Faster, Stronger” — Identifying and Protecting Your Competitive Differentiators

Competitive differentiators are the beneficial and unique aspects of your product or service compared to those of competitors. These qualities may provide benefits to consumers, such as a useful and unique feature, more reliable operation, or lower price; or may provide benefits to your organization, such as reducing manufacturing or operational costs. A competitive differentiator … Continue reading this entry

Tips for Going Global: Plan Before You Expand

Companies enjoying success in the U.S. often seek global expansion to gain strategic benefits from accessing new markets—new revenue potential, talent acquisition and increased brand awareness. Before replicating your business for a new market and approaching global expansion as a default growth option, the development of a well-constructed business strategy is imperative. International business expansion … Continue reading this entry