Category: News and Insights

In 1994, Congress amended the U.S. Patent Laws to create a new type of patent filing called a provisional patent application, and with this came a good deal of confusion – even to this day.

On June 5, a unanimous Supreme Court ruled that majority-group plaintiffs cannot be held to a higher evidentiary standard than minority-group plaintiffs when bringing claims for discrimination under Title VII. In other words, all plaintiffs must meet the same standard when establishing a prima facie case for discrimination, regardless of whether they are in a […]

​On April 23, 2025 (the “Effective Date”), President Trump issued an executive order entitled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”) concerning the disparate impact liability that has been employed in discrimination enforcement actions and lawsuits. Disparate impact involves imposing a theory of discrimination liability when a practice, neutral on its face (and no intent […]

On January 21, 2025 (the “Effective Date”), President Trump issued an executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order” or “EO”). This Executive Order significantly changes federal contractors’ compliance obligations under federal law. While there is much uncertainty about how courts will interpret these provisions and which parts of the […]

Key Takeaways Introduction to Venture Capital Securing venture capital is a pivotal step for early-stage scaling companies aiming to expand. Venture capitalists (VCs) provide essential funding in exchange for equity stakes, enabling startups to accelerate their development and market reach. This guide outlines how to find venture capital, when to seek it, and effective strategies for […]

Key Takeaways Introduction to Angel Investors Securing funding is a pivotal step for early-stage scaling companies aiming to expand their operations. Angel investors can be a valuable source of funds, both at the ideation stage, and particularly for businesses that have already developed a product or service and are ready to take their growth to […]

Overview In a continuing series of judicial actions, on December 26, 2024, a merits panel of the Fifth Circuit Court of Appeals issued an order (the “Merit Panel Order”) reinstating the nationwide preliminary injunction enjoining enforcement of the Corporate Transparency Act (“CTA”) and the Reporting Rule, including the impending reporting deadlines, by vacating a stay […]

The experimental use exception is a common law defense to patent infringement that was first articulated in Whittemore v. Cutter, 29 Fed. Cas. 1120 (C.C.D. Mass. 1813).  In Whittemore, the court approved a jury instruction for determining patent infringement as requiring the alleged infringer to have intended to profit from the making or use of […]

I often have conversations about financing with passionate entrepreneurs. The advice I give is that before approaching financing sources, it’s critically important to make sure that the company’s “foundational puzzle pieces” are in place in order to increase the probability of fundraising success. Unless each of the four is in place, you’re likely to create a negative first impression.

For companies with employees in California, it has long been accepted practice that noncompeteprovisions in employment agreements are unenforceable. California courts have ruled that suchprovisions are invalid under California’s general prohibition against restraints of trade (Ca. Bus. andProf. Code Sec. 16600). California has now adopted a law that codifies this general understanding andgoes two steps […]

In April of this year, the Federal Trade Commission (“FTC”) issued a rule (“Final Rule”)that would have effectively banned employers from enforcing non-competition provisions in contracts with their employees. That rule was originally set to take effect on September 4, 2024. If the Final Rule had become effective, almost all non-compete agreements would have been […]

Calling all Massachusetts businesses: the state has enacted legislation that mandates pay transparency in the workforce. Governor Maura Healey recently signed into law “An Act relative to salary range transparency” (H.4890), which requires employers to disclose salary ranges and protects an employee’s right to ask for salary ranges. Under the new law, Massachusetts businesseswith 25 […]

Equity financing is a pivotal stage for startups seeking to scale operations and gain market traction. Understanding the terms that venture capital investor will request in connection with an equity investment, typically first encountered within a term sheet, is crucial for entrepreneurs to make informed decisions and protect their interests. The National Venture Capital Association […]

As an employer in Massachusetts, it’s important to understand the Massachusetts wage law and hour laws. Massachusetts has strict regulations governing the payment of wages and ensuring compliance with the Massachusetts Wage Act, including wage act claims related to unpaid compensation and commissions. Timely Payment of Wages Under Wage Law Under the Massachusetts Wage Law (“Wage […]

Tell Us About Your Journey My journey actually starts growing up in an immigrant family. Both my parents moved to the US from Germany to a country where they didn’t know anybody. They didn’t speak the language, and they had enough money for a plane ticket back if things didn’t work out. Fortunately, through a […]