Category Archives: Intellectual Property Practice Area

SAM Client Alert – Deadline Approaching: Register Your DMCA Agent by End of the Year – U.S. Copyright Office Changes the DMCA Agent Registration Process

Image result for DMCABy December 31, 2017, any online service provider that has registered an agent with the U.S. Copyright Office through the paper-based registration system must submit a new registration using the new electronic system to preserve safe harbor protection under the Digital Millennium Copyright Act (“DMCA”).

The DMCA, among other things, provides a safe harbor for online service providers from copyright infringement liability resulting from content posted on their websites or services by users. To qualify for DMCA safe harbor protection, online service providers must designate an agent to receive notifications of alleged copyright infringement by registering with the Copyright Office and each service provider must list their agent’s contact information on their website.

The Copyright Office’s paper-based registration system has been replaced by an online registration system. All online service providers seeking DMCA safe harbor protection must now register agents using the new electronic registration system. This applies to online service providers that have already designated DMCA agents using the paper-based system.

Online service providers that previously designated a DMCA agent using the paper-based system must resubmit their designations through the new electronic system before the December 31 deadline and renew their designations using this system at least every three years. Failure to register electronically by the end of the year will result in the expiration of existing designations and the loss of DMCA safe harbor protection.

What should online service providers do? All online service providers should submit a new DMCA agent designation using the online registration on the DMCA website by December 31, 2017. The fee for filing, amending or renewing a designation through the online system is $6.00.

How Stubbs Alderton & Markiles, LLP can help. We are a full-service law firm with expertise in intellectual property and technology law. We can help register your DMCA agent designation with the Copyright Office using the new electronic system.

For more information about this or other intellectual property issues, contact SAM Partner Kevin DeBré at kdebre@stubbsalderton.com 

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SAM Partner Kevin DeBré Moderating Panel on “Innovation in Large Corporations/Scouting for Opportunities” at USC

Stubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a moderator at USC Viterbi School of Engineering on “Innovation in Large Corporations/Scouting for Opportunities” at their Technology Scouting Workshop. The event will be Tuesday, June 20th at the Marina del Rey Marriot from 8AM-5PM.

Technology Scouting Workshop
June 20, 2017
Marina del Rey Marriot
4100 Admiralty Way, Marina Del Rey, CA 90292

To register for the event click here.

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

Kevin D. DKevin DeBré eBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group.  Kevin advises entrepreneurs and companies that use intellectual property to build their businesses.  Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.  He also counsels clients on compliance with data security and privacy laws and regulations.

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SAM Partner Kevin DeBré Featured as Guest Lecturer at UCLA

Stubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a guest lecturer at UCLA’s School of Engineering “Laboratory to Market, Entrepreneurship for Engineers.” The event will be Tuesday May 23rd at the Math and Science Building at UCLA and will discuss a range of topics about legal issues for entrepreneurs. Some of the questions that will be answered are:

  • Do I need a corporation?
  • What is a sole-proprietorship?
  • What is a partnership?
  • What is a corporation?
  • An S-corp?
  • What is a LLC?
  • How does a team divide ownership?
  • What are stock options and who gets them?
  • Where to incorporate and why?

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

Kevin D. DKevin DeBré eBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group.  Kevin advises entrepreneurs and companies that use intellectual property to build their businesses.  Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.  He also counsels clients on compliance with data security and privacy laws and regulations.

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SAM Client Sofie Biosciences to Acquire Zevacor Pharma

Sofie BiosciencesStubbs Alderton & Markiles’ client Sofie Biosciences, Inc, a developer of molecular imaging diagnostics and technologies to empower widespread access to Positron Emission Tomography (PET), announced last week that it has entered into a definitive agreement under which it will purchase Zevacor Pharma (previously IBA Molecular North America) and its high performance manufacturing and distribution network of PET imaging diagnostics and radio-therapeutics.

To read the full press release click here.

About Sofie Biosciences
SOFIE is a molecular imaging company combining new PET imaging diagnostics with innovative imaging and synthesis systems to provide researchers and physicians with tools to better investigate the biology of disease. By empowering a wide array of people with valuable, translational imaging tools, SOFIE is making PET scans more accessible. www.sofiebio.com

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

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SAM Partner Kevin DeBré Featured as Speaker at Beverly Hills Bar Association Event

Kevin DeBréStubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a speaker at “Commercial Activities Conducted Through the Internet: Exploration of Transactional Aspects, IP Rights, Business Law Considerations and Tax Issues.” The event will be Thursday May 11th, 2017 at the Beverly Hills Bar Association and will discuss and analyze a range of topics about allocation of digital IP rights, cross-border date transfers and compliance with applicable privacy laws, and data security and liability exposures from breaches and more.

To find out more information about this event click here.

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

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SAM Partner Kevin DeBré Featured as Speaker at Funding in Fintech Event

Stubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a speaker at “Funding in Fintech: Who to Know, and How to Get it in Los Angeles.” The event will be February 7, 2017 in Santa Monica and will spotlight some hot startups and review the unique market dynamics that are turning Southern California into a financial services hot spot.

To find out more information about this event click here. 

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

 

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Six Stubbs Alderton & Markiles’ Attorneys Listed as 2017 Southern California Super Lawyers

Stubbs Alderton & Markiles, LLP is pleased to announce that six lawyers have been named to the 2017 Southern California Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.

Stubbs Alderton & Markiles, LLP would like to congratulate the following attorneys named to the 2017 Super Lawyers list –

Scott Alderton - Super LawyersScott Alderton is a founding partner of the Firm, Managing Partner, and a member of the Firm’s Executive Committee.  Scott is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group and chair’s the Firm’s Interactive Entertainment and Video Games Group. Scott advises both public and private clients across a number of industries, including technology, manufacturing and distribution of goods in commerce, finance, the Internet, interactive video games, and new media industries.

Joe Stubbs - Super LawyersJoe Stubbs is a founding partner of the Firm, and a member of the Firm’s Executive Committee. He is co-chair of the Firm’s Venture Capital and Emerging Growth Practice Group, and of the Firm’s Mergers and Acquisitions Practice Group. Joe practices in the areas of corporate and securities law, emphasizing the corporate representation of both publicly-held and privately-held emerging growth and middle-market companies, venture capital and private equity firms, angel investment groups and investment banks.

Michael Sherman - Super LawyersMichael Sherman is an accomplished trial lawyer in high-stakes, “bet-the-company” litigation, and has represented both large and early-stage companies as well as entrepreneurs in all facets of business and complex commercial litigation. He has evenly split his litigation practice on both the plaintiff and defense side of cases, has first-chaired numerous trials in complex matters in industries as varied as energy, securities, healthcare, environmental, consumer products, technology, project development/finance, advertising, real estate and apparel, and is highly skilled in class actions and unfair competition law.

Jeffrey F. GershJeff Gersh - Super Lawyers is a Partner of the Firm. He has litigated, arbitrated, or mediated complex business and commercial matters, for both plaintiffs and defendants, whether individuals, public or private corporations, partnerships, limited liability companies and/or its members, shareholders and partners, involving various types of disputes, including contract matters, trade secrets, intellectual property (trademarks, copyrights and trade dress) negligence and fraud, employment, real estate, license agreements, the apparel and garment industry, and general business matters.

Kevin Debre - Super LawyersKevin D. DeBré is the chair of the Firm’s Intellectual Property & Technology Transactions Practice Group.  Kevin advises entrepreneurs and companies that use intellectual property to build their businesses.  Kevin has particular expertise in structuring and negotiating technology commercialization and patent licenses, strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.  He also counsels clients on compliance with data security and privacy laws and regulations.

Tony Keats is a partner of the Firm and Co-chair of the Trademark and Copyright Practice Tony Keats - Super LawyersGroup. Tony’s almost three decade legal career has focused on both the legal and business protection of brands and creative content from consumer products to entertainment, from designer goods to the Internet. Since he commenced practice, he has provided counsel and has litigated cases on behalf of many of the world’s largest consumer product and entertainment companies, as well as individual entrepreneurs, actors, and musicians. Tony’s litigation background also includes related commercial matters involving unfair competition, contract disputes, rights of publicity violations, business torts, domain name infringement, and idea submission claims.

The official Super Lawyers 2017 publication can be read in its entirety here.

For more information about Stubbs Alderton & Markiles, contact Heidi Hubbeling at hhubbeling@stubbsalderton.com or (310) 746-9803.

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SAM Partner Kevin DeBré Featured as Speaker at California State Bar Event

Kevin DeBréStubbs Alderton & Markiles’ Partner Kevin DeBré will be featured as a speaker at “Tips and Tricks for IP Practitioners” presented by The State Bar of California. A fireside chat with startup technology attorney, Kevin DeBré, and Founder of Ring, Jamie Siminoff discussing innovation within a startup and considerations driving decisions about IP protection and enforcement. The event will be Tuesday, January 24, 2017 at the JW Marriott Santa Monica Le Merigot.

For more information about the event visit their website here. 

To find out more about Stubbs Alderton & Markiles’ Intellectual Property & Technology Transactions practice contact Kevin DeBré at kdebre@stubbsalderton.com

 

 

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Stubbs Alderton & Markiles, LLP Announces Launch of SAM Legal Triage™

SAM High Res Logo 1SAM believes every business venture should have a solid legal foundation. To that end, SAM has partnered with Traklight to help identify your company’s strengths and weaknesses and to provide a road map for investment readiness, future growth and execution of exit strategies. Stubbs Alderton has implemented SAM Legal Triage™, an in-depth questionnaire that will enable entrepreneurs to understand the elements needed to achieve success whether their business venture is high-tech, brick and mortar, B2B, SaaS or mom and pop.

For more information and to take the FREE 10-minute questionnaire, visit www.stubbsalderton.com/sam-legal-triage.

About Traklight

Traklight is the only self-guided software platform that creates your custom intellectual property strategy. By empowering small businesses, entrepreneurs, and inventors to identify their intellectual property (IP), Traklight enables them to protect and leverage their ideas, and to become more educated about the strategies, costs, and implications of their IP.

About Stubbs Alderton & Markiles, LLP

Stubbs Alderton & Markiles, LLP is a business law firm with robust corporate, public securities, mergers and acquisitions, entertainment, intellectual property, brand protection and business litigation practice groups focusing on the representation of, among others, venture backed emerging growth companies, middle market public companies, large technology companies, entertainment and digital media companies, investors, venture capital funds, investment bankers and underwriters. The firm’s clients represent the full spectrum of Southern California business with a concentration in the technology, entertainment, videogame, apparel and medical device sectors. Our mission is to provide technically excellent legal services in a consistent, highly-responsive and service-oriented manner with an entrepreneurial and practical business perspective. These principles are the hallmarks of our Firm.

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SAM Alert- Employers Must Now Provide Notice of Whistle Blower Immunity

Important Business News
from
Stubbs Alderton & Markiles, LLP

Employers Must Now Provide Notice of Whistle Blower Immunity

New Federal Trade Secrets Law Requires Immediate Changes to Employee and Contractor Agreements

Starting May 12, 2016, all agreements with employees and individuals that are independent contractors or consultants governing the use of trade secrets or confidential information must include a notice of immunity for the disclosure of a trade secret to the government or in a court filing.  Under the Defend Trade Secrets Act (“DTSA”), the disclosure of a trade secret will be immunized from civil and criminal liability if it is made (i) in confidence to a Federal, State or local government official, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law or (ii) in a lawsuit complaint or other court documents filed under seal.  Failure to comply with this new legal requirement may preclude a company from recovering punitive damages or attorneys’ fees in a lawsuit against an employee or contractor for trade secret theft.  Also, it is possible government agencies could bring regulatory enforcement actions and employees could bring class action lawsuits against companies that fail to provide this notice.

Our recommendation for adapting to the new law:

  • Update agreements with employees, independent contractors and consultants. The required notice must be included in any contract or agreement with an employee or individual that is an independent contractor or consultant that governs the use of a trade secret or other confidential information.  This includes employee confidentiality and intellectual property assignment agreements, independent contractor agreements, consulting services agreements, professional services agreements, advisory board member agreements, intern agreements and nondisclosure agreements, and any amendments and renewals of such agreements entered into prior to the date the new law went into effect.  Instead of stating the immunity notice in each agreement, the agreement may cross-reference to a policy document (e.g., employee handbook) containing the company’s reporting policy for a suspected violation of law.

How Stubbs Alderton & Markiles, LLP can help.  We are a business law firm with expertise in intellectual property law. Our standard employee, independent contractor, nondisclosure and advisory board member agreements have been updated to comply with the DTSA’s notice of immunity requirement.  We can help update your employee and independent contractor agreements.

Kevin_DeBre
Kevin D. DeBré
leads the firm’s Intellectual Property and Technology Transactions Practice Group advising entrepreneurs and growth companies on how to use technology and intellectual property in building successful businesses.  For more information, email Kevin at kdebre@stubbsalderton.com.

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