Technology Law Blog

The Importance of IT Contract Review

Technology is increasingly becoming an essential component of all industries. This is especially true for the health care industry. As health care providers continue to increase their use of technology, they are asked more and more frequently to enter into software or other IT contracts. Before entering into a contract, no matter the industry, you should always have an attorney review the document.  

Learn more about IT Contract Review for health care providers on our Health Care Law Blog here.

Are you interested in IT Contract Review for another industry? Contact one of our technology attorneys to help you review your agreement before you face unexpected problems or unwanted liability. 

Categories: IT Contracts

Provisional Patent Applications

I get a lot of questions from clients about “provisional patents." Let me just start this blog by clarifying once and for all that there is no such thing as a “provisional patent” anywhere in the Patent Act. However, since 1995 the USPTO has offered inventors the option of filing a provisional patent application under §11(b) of the Patent Act. Provisional applications have some interesting advantages of which you should be aware. Read More ›

Categories: Patents

Bitcoin Update

The IRS has warned that virtual currencies, such as Bitcoin, are to be treated as property and not as currency for tax purposes. Read this latest Bitcoin update on our tax blog.

Want to learn more about Bitcoin? Check out this blog post from November on what it is and where it is going.

Categories: E-Commerce, News & Events

PART 3: New Michigan Law Permits Intrastate Crowdfunding

Part 1 and 2 of this series discussed the basic requirements that must be met to utilize Michigan’s new intrastate crowdfunding exemption.

This post will discuss the definition of an “accredited investor.” The distinction between accredited and non-accredited investors is important. Non-accredited investors cannot invest more than $10,000 under Michigan’s new intrastate crowdfunding exemption. Accredited investors, on the other hand, are not subject to the $10,000 investment cap. Read More ›

Categories: Crowdfunding, News & Events, Venture Capital/Funding

Hydraulic Fracturing Fluid = Trade Secrets

The toxic cocktail of chemicals in a company’s hydraulic fracturing fluid – much like Coca Cola’s secret recipe - is a trade secret.

Fracking involves pumping water, chemical fluids and sand underground into rock formations to fracture the rocks; the granular sand keeps the cracks open, thereby allowing the release of oil and natural gas from the fractured created rock veins. Read More ›

Categories: Trade Secrets

YouTube Video Admitted as Character Evidence in Murder Case

Did you know that the YouTube video you just posted may be used in court to determine your character? In a Delaware case, Gallaway v. State, a video of a man using mouthwash as a decongestant may have been the difference for the jury, which found him guilty of murdering his daughter. The father claimed he was performing stretching exercises with his daughter when she slipped and fell on the floor. A few days after the fall, she died from suspected non-accidental trauma. Read More ›

Categories: Social Media

Part 2: New Michigan Law Permits Intrastate Crowdfunding

Part 1 of this series discussed the 12 basic requirements that must be met to utilize Michigan’s new intrastate crowdfunding exemption.

This post will take a deeper look at Requirement 2. As noted in Part 1, Requirement 2 states that the offer must meet the requirements for the federal exemption for intrastate offerings under Section 3(a)(11) of the Securities Act of 1933 (the “1933 Act”). Read More ›

Categories: Crowdfunding, News & Events, Venture Capital/Funding

New Michigan Law Permits Intrastate Crowdfunding

Note: This post is Part 1 of a multi-part series regarding Michigan's new crowdfunding law

It's official, crowdfunding is legal in Michigan. So, what does that mean for your business? Let's start with the basics.

Federal and state law prohibit a business from selling a security unless: (A) the security is registered with the SEC, or (B) an exemption from registration is applicable. Registration is expensive, so nearly all businesses try to satisfy an exemption from registration. Historical exemptions have made it difficult for businesses to receive investment from "non-accredited" investors and flat out prohibit "general solicitation" (i.e., public advertising of the investment, including advertising on the Internet). Those historical difficulties, however, have recently been eased. Read More ›

Categories: Crowdfunding, News & Events, Venture Capital/Funding

The SEC Proposed Crowdfunding Regulations: Funding Portal's Transaction Responsibilities

Posting of Issuer Disclosures. In prior blog posts, we described the disclosure obligations imposed on the issuer (the company that is raising capital) under the SEC's proposed crowdfunding regulations. (Read: The SEC Crowdfunding Proposed Regulations: Overview of Offering Statement & Non-Financial Disclosure Requirements and The SEC Crowdfunding Proposed Regulations: Overview of Issuer Financial & Disclosure Requirements). The proposed regulations impose certain requirements on the funding portal to make sure that these issuer disclosure obligations are met. Specifically: Read More ›

Categories: Crowdfunding, News & Events, Venture Capital/Funding

Why do I have to mark my product with the patent number?

We have all seen patent numbers marked on all kinds of products. In fact as I sit and write this article I can report that there are several items in my office with patent markings including my hole punch, stapler, Dictaphone and the insoles in my shoes.

So why is that? There has got to be a reason, right?

The reason is that if products are not appropriately marked before they enter the stream of commerce, the damages that the manufacturer can receive in a patent infringement action against someone that has copied that product are reduced. 35 USC §287(a) provides: Read More ›

Categories: Intellectual Property, Patents