Legal Issues for Start-ups

Presentations

NOTE: Meeting at the Bay Colony Office Park, Waltham, MA

Meeting Overview:

The process of organizing and launching a high-tech startup is always challenging. Legal issues abound. Tonight’s panel of experts will address a broad range of questions of interest to business- and technology-minded entrepreneurs: What are the advantages and potential pitfalls of using “open source” software? Should our products be “open source?” What are the best practices in hiring new employees and consultants? What if we should have to terminate someone? Do stock options still matter? How have recent changes in tax, accounting, and related regulations affected the equity component of compensation? How do companies protect themselves and shareholder value through employee confidentiality, non-compete, non-solicitation, and assignment of intellectual property agreements? These are among the critical legal issues that startups, investors, founders, employees, and consultants need to consider in forming and funding new companies.

Panel:

J. David Moran, Gesmer, Updegrove LLP

David J. Thibodeau, Jr., Hamilton, Brooks, Shields & Reynolds, P.C.

Susan Stambach Sampson, HR Legal Resources

Edward Walsh, Wolf Greenfield & Sachs, P.C.

Moderator:

Robert Weber, Managing Director, Strategy Kinetics, LLC

Meeting Site and Cost:

5:15 PM Pre-meeting Dinner
Bertucci's Restaurant
475 Winter St., (exit 27B off Route 128), Waltham, MA ("pay-as-you-go")

7:00 - 10:00PM Meeting Presentation
Bay Colony Office Park 1100 Winter Street, Waltham, MA

There is a $20.00 fee for non ENET members.

No reservations are necessary for either the meeting or dinner

Click here for directions and a map to the dinner and meeting

Panel:

J. David Moran, Gesmer, Updegrove LLP

J. David Moran is a partner and member of the Firm's tax and corporate group and also practices in the areas of estate administration and commercial finance. For more than 30 years, Mr. Moran has provided legal advice and innovative strategies for his business clients. He handles complex tax matters including tax investigations including allegations of civil tax fraud at both the state and federal level. He advises clients on stock option plans, executive compensation, deferred compensation, and other types of incentive plans. Mr. Moran has also been involved in the restructuring of certain ERISA defined benefit plans and related pension benefit programs. He also counsels existing clients and start-ups on the tax implications of corporate reorganizations and financings. Mr. Moran frequently advises growth-oriented companies involved in medical technology, software, and Internet commerce. He also works with traditional manufacturing and service oriented businesses. Mr. Moran is a member of the Boston, Massachusetts and American Bar Associations. Active in the community, he is a former member of the Board of Overseers for the Boston Children's Hospital and a former member of the executive committee of the Cornell Law Association.

David J. Thibodeau, Jr., Hamilton, Brooks, Shields & Reynolds, P.C.

For 20 years, David Thibodeau has helped new business ventures and industry leaders create value at the intersection of business and technology through his expertise in intellectual property protection, counseling, and enforcement. His practice includes patent prosecution, licensing and transactions, patent portfolio development and strategy, and intellectual property litigation. He has particular expertise in patent prosecution in the electronics and computer areas, including wireless communications, hardware and software architectures, storage systems, telecommunications, and integrated circuits. David’s clients benefit from a depth of professional background that is uncommon among private legal practitioners. He began his career in industry as an electrical engineer and also served as Vice President and General Counsel of a wireless communications company. David uses this additional business related expertise for value-added client counseling and management. David is a recognized authority on patent related issues. He is an Adjunct Professor of Patent Law at Franklin Pierce Law Center, a former President of the Boston Patent Law Association, and a frequent speaker at industry and legal symposiums nationwide. David is a member of IEEE and many other industry and legal organizations.

Susan Stambach Sampson, HR Legal Resources

Susan Stambach Sampson is an employment law attorney and founder of HR Legal Resource, a law firm dedicated to helping small and mid-sized business owners minimize their risks of workplace claims and maximize their defenses in the event of employee lawsuits or governmental audits. Susan counsels employers on a wide range of issues, including wages and hours, contractor versus employee classification, disabilities and workplace accommodations, medical and maternity leaves, harassment and discrimination complaints, policies and procedures, and noncompetition and nondisclosure issues. Susan earned her Juris Doctorate from Boston College Law School and her undergraduate degree summa cum laude from Boston College, where she also was inducted into the Phi Beta Kappa Society. Prior to forming HR Legal Resource, Susan practiced with Posternak, Blankstein & Lund, LLP, Lucash, Gesmer & Updegrove, LLP, and Sherin and Lodgen, LLP. Susan also served in-house as Senior Counsel to Scitex America Corp. (now Creo).]

Edward Walsh, Wolf Greenfield & Sachs, P.C.

Ed Walsh is a shareholder of the intellectual property specialty firm Wolf, Greenfield and Sacks in Boston, working predominately with clients in the firm’s electrical and computer technologies practice group. His perspectives are influenced by more than 14 years as in-house counsel for technology companies. Ed established intellectual property programs for Teradyne, Inc.-- where he served as its first Chief Intellectual Property Counsel -- and Textron Specialty Materials. Before devoting himself full time to the practice of law, he managed a software development group and attended Stanford University as a Fellow of the National Science Foundation. He has previously written and spoken on Open Source Software for managers, lawyers and technologists in forums such as Georgetown University Law Center, Mass. Software Counsel legal issues lecture series, Lawyer’s Weekly and the and the Embedded Systems Developers conference.

Panel:

Robert Weber, Managing Director, Strategy Kinetics, LLC

Robert Weber is a serial entrepreneur, inventor, senior executive, and management consultant. Most recently, Mr. Weber was Co-founder and Senior Vice President of Corporate & Market Development at Evergreen Open Broadband, a wireless Internet services startup acquired by Mobilepro Corp. (MOBL.OB). Previously, he was SVP Business and Technology Strategy, InterTrust Technologies, where he made significant contributions to the company's intellectual property. InterTrust went public in October, 1999. Mr. Weber has also been a Principal at Northeast Consulting Resources, Inc. At NCRI, his consulting practice focused on the intersection of business and information technology strategy with a particular emphasis on Information Commerce, publishing, Internet-based services, and technology-based companies. He is also an inventor with 14 issued United States patents and a number of foreign issued patents dealing with various aspects of information security and digital rights management.