The Defend Trade Secrets Act

May 24th, 2016
Patents/IP, Recent Legal News

By Jonielle D. Turner

The Defend Trade Secrets Act of 2016 (DTSA) – arguably the most significant change to U.S. intellectual property laws in the past decade – was signed into law by President Obama on May 11, 2016. The DTSA creates a federal, civil remedy for misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce. There are a wide range of remedies available for plaintiffs under the DTSA, including seizure of property, injunctive relief and damages. Note that although

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Technology Driven Legal Practice Issues

The International Technology Law Association (ITechLaw) invites you to join leading lawyers and industry representatives at the 2016 ITechLaw World Technology Law Conference – a unique educational experience where you will have the opportunity to receive advanced insights into technology law while collaborating with hundreds of colleagues from around the world.

The 2016 ITechLaw World Conference theme is: “How Technology is Changing Life and the Law — and How Lawyers Can Keep Up.” We will explore new products and technology and discuss the implications for the people using them and

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CFPB Proposes Rule Regulating Pre-Dispute Arbitration Clauses

May 17th, 2016
Bitcoin, Recent Legal News

By Katie McConnell

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule, which will require providers of certain consumer financial products and services to overhaul their existing consumer-facing agreements. The proposed rule would:

  1. Prohibit class action waivers in a wide range of consumer financial products agreements;
  2. Require “providers” to insert language into their consumer-facing agreements to inform consumers of their right to participate in class actions; and
  3. Require a provider involved in an arbitration claim to timely file with the CFPB information about the claim and how the claim was resolved.

What This Means

Prospective Effectiveness:

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MMM Adds IP Depth in Atlanta: Patent Agent Joins

May 10th, 2016
Patents/IP, Recent Legal News

Atlanta (May 2016) – Richard T. Timmer, Ph.D., has joined Morris, Manning & Martin, LLP (MMM) as a patent agent in the firm’s Buckhead office. Timmer’s career includes more than 25 years in the chemical and life sciences industries. He will assist the firm’s Intellectual Property Practice and will work closely with MMM’s nationally-recognized Technology Practice.

Dr. Timmer brings a unique depth and breadth of experience to working with clients who are commercializing innovative technology. He spent more than 15 years preparing and prosecuting patent applications with two national law firms, and managing patent portfolios for biotechnology startups

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USPTO Throws a Lifeline to the Life Sciences Industry

By Mary An Merchant, JD, PhD, & Richard T. Timmer, PhD

U.S. Supreme Court decisions in Alice Corp., Myriad, and Mayo invalidated claims in critical life sciences and computer technology areas in finding that many inventions are not eligible patent subject matter, meaning that a patent cannot be granted for certain types of technologies. The U.S. Patent and Trademark Office (USPTO) has applied these decisions to patent examination, and in doing so, many pending patent application claims have been rejected as not being patent-eligible subject matter. On May 4, 2016, the USPTO published guidance that updates the

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Washington State Applies Money Transmission Act to Payment Processors

May 3rd, 2016
Bitcoin, Recent Legal News

By Austin Mills

Money transmission licensing (and related compliance) can be an expensive and time-consuming process. To further complicate things, it is often difficult to determine where a particular state draws the line on whether or not a particular payments-related activity constitutes money transmission.

The state of Washington’s Department of Financial Institutions (“DFI”) recently clarified one of these grey areas (“payment processing”) with an interpretive statement (the “Statement”) regarding the Washington Uniform Money Services Act (the “Act”). The statement concludes that “payment processing” is money transmission. According to the statement, payment processing includes activities where an entity “receives[s]

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Status of the EU-US Privacy Shield Framework

April 26th, 2016
Data Security-Privacy

The eagerly awaited successor to the defunct EU US Safe Harbor Framework for transfer of personal data of EU citizens into the United States was approved by regulators from the United States and the European Union (EU) on February 2, 2016.  The new framework, however, does not become effective until approved by the EU member states.

The new framework – known as the “EU-U.S. Privacy Shield Framework” — was designed by U.S. and EU regulators to provide a framework for transfer of personal data from the EU to the United States that supported transatlantic commerce while giving significantly stronger

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TAG Corporate Development Presents: Positioning Your Tech Company For M&A

A panel discussion, moderated by John Yates, featuring three experienced technology executives:

  • David Northington (CEO of CloudSherpas, sold to Accenture)
  • Steve McGraw (CEO of ReachHealth; formerly CEO of Compliance360, sold to SAI Global)
  • Dede Wakefield (CFO GT Nexus, sold to Infor)

Topics will revolve around preparing your company for exit, identifying strategic buyers, planning technology roadmap to maximize value at exit, identifying and creating competition for your company, and much more.

Contact for event questions:
Michael Bosarge michael@tagonline.org 404-817-3333

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CONTRACT DRAFTING PRACTICE POINTER: CONFIDENTIALITY OBLIGATIONS

Last week, Microsoft sued the U.S. government. Microsoft is seeking the right to tell its customers when the government requires Microsoft to disclose customer information, such as emails.  Since at least the enactment of the U.S.A. PATRIOT Act, the government has been able to issue a search warrant and prohibit the information provider from telling the party whose information is being sought about the search warrant.

Contracts in technology frequently have nondisclosure clauses in them.  After the basics of the clause are covered — identifying the confidential information and establishing obligations for nondisclosure and limited use — there

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