Yates Perspective – Vol. I

August 26th, 2010
MMM Tech Perspectives

The goal of the MMM Tech Law & Business Report is to inform, educate and socialize important business and legal issues directly relevant to our target audience — entrepreneurs, investors and strategic partners.

For over three decades the MMM Corporate Technology Group has delivered value added legal services and information to hundreds of clients in our tech ecosystem. www.www.mmmtechlaw.com now organizes, summarizes and provides practical pointers relating to legal and business issues impacting entrepreneurs and growing technology and business services companies.

In my column, Yates Perspectives, I’ll give my thoughts on current issues of direct relevance to entrepreneurs. This Report also includes

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How the US Supreme Court Case of Bilski v. Kappos Impacts VCs & Investors

August 25th, 2010
Patents/IP

Editor: John R. Harris

The dust is still settling after the U.S. Supreme Court’s Bilski v. Kappos decision about the patentability of processes (business method and otherwise) on June 28, 2010.  Scholars and experts in other parts of the world seem to agree that the recent decision about the patentability of processes is, for the most part, “business as usual” here in the U.S.  Europe in particular has long been hostile to the patentability of computer software and business methods.

According to one European legal scholar’s observation, the “machine-or-transformation” test discussed in that case is either: “(i) woefully imprecise and ill-equipped for determining

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Understanding the New Section 409A Plan Document Correction Program

The “document correction program,” as the IRS refers to it in Notice 2010-6, is intended to motivate taxpayers to review nonqualified deferred compensation plans in order to identify and correct any provisions that fail to comply with Section 409A. This white paper by Manager Jeffrey A. Martin and Partner G. Edgar Adkins, Jr., in our Washington National Tax Office explores the various provisions of the correction program, including eligibility requirements, written document failures that can be corrected, actions and reporting requirements that apply to all document failures corrected under the program, and special amendment period and transition relief

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How to live “Green” Within Your Financial Means from the Creator of Dilbert

August 24th, 2010
Clean Tech/Green Energy

While trying to build a green home, Scott Adams, creator of Dilbert, ran into practical roadblocks.  Mr. Adams wanted the “greenest house on the block,” but he didn’t want to build it out of “twigs, pinecones and bird nests.”  As he writes in the Wall Street Journal, he ultimately came up with a more pragmatic definition of “green”.  His solution proposes that we live the life we want “with as much Earth-wise efficiency” as our wallets and our busy schedules allow. Read Article.

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U.S. South: Rising Cleantech Industry Powerhouse

Editor: Greg Chafee

This is an encouraging article that accurately identifies positive trends in the development of cleantech in the Southeast.  Here’s another example: with growing demand for solar energy in the Georgia Power Green Energy Program, the Public Service Commission has increased the amount of solar capacity available for purchase by the utility from only 500kw a year ago to over 5MW.  This will provide more business opportunities for manufacturers and installers and contribute to job creation and economic growth.  Another catalyst for cleantech is the important role of Georgia Tech, Clemson and other higher education institutions in promoting green start-up ventures and supporting advancements in renewable energy research. Read More