Winstead PC

500 Winstead Building 2728 N. Harwood Street
Dallas, TX 75201, United States

  • 214.745.5400
  • 214.745.5390

Hiring Consultants

Technology companies receive services from a variety of individuals and often use consultants, either for marketing advice, for software development or for other discreet tasks. It’s important to be sure the consultants are…more
| Labor & Employment Law, Science, Computers, & Technology, Taxation

Structuring an Agreement Among Owners

When forming a new technology company, there are very few documents as important (and unfortunately, as overlooked) as a Shareholders’ Agreement. The discussion in this post is couched as an agreement among shareholders of a…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Beware of IP Scams-Invention Development

Information about patent and trademark applications, processes and maintenance requirements is much more accessible to the public than it used to be. In particular, the United States Patent and Trademark Office (USPTO) has very…more
| Antitrust & Trade Regulation, Consumer Protection, Intellectual Property

HHS Explains Privacy Rule in Emergency Situations

On November 10, 2014, the U.S. Department of Health and Human Services (HHS) issued a bulletin reminding covered entities and business associates of how they may disclose patient information for public health activities or in…more
| Consumer Protection, Privacy, Health

The Mis-“Conception” Of Being An Inventor

Scientists often confuse “authorship” in a manuscript with “inventorship” in a patent application or a patent. More often than not, scientists will list everyone involved with an invention or a manuscript describing the…more
| Intellectual Property

Patent Definiteness Requirement Update

The Supreme Court recently “conclude[d] that the Federal Circuit’s formulation, which tolerates some ambiguous claims but not others, does not satisfy the statute’s definiteness requirement.” Nautilus, Inc. v. Biosig…more
| Civil Procedure, Intellectual Property

Alice in Wonderland: The Ongoing Impact of Alice Corp. v. CLS Bank Int’l on Computer-Implemented Inventions

On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice)[i]. In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk in…more
| Intellectual Property, Science, Computers, & Technology

Adam Carolla Gets It On with Personal Audio Settlement

As part of their settlement, Adam Carolla and Personal Audio LLC agreed to not make any public statements concerning their patent infringement lawsuit until September 30th. On Wednesday’s podcast, Adam Carolla and Mike August,…more
| Communications & Media Law, Intellectual Property

IRS Expands Permissible Mid-Year Cafeteria Plan Elections

On September 18, 2014, the IRS issued Notice 2014-55, which expands permissible mid-year election changes under “cafeteria plans” to address two specific situations that have arisen in connection with the implementation of…more
| Labor & Employment Law, Health, Taxation

What Employer Shared Responsibility Does Not Say

So much energy has been spent on what the final regulations on the employer shared responsibility tax and the related final reporting regulations (the “ESRR”), that some of the most significant considerations have been missed…more
| Civil Rights, Labor & Employment Law, Health, Taxation

USPTO to Host America Invents Act Roadshow in Seven Cities Nationwide

The U.S. Patent and Trademark Office announced that it will host seven roadshow events across the country to increase public understanding of the First Inventor to File (FITF) provisions of the America Invents Act. The roadshow…more
| Intellectual Property

Board Oversight of Cybersecurity

Cyber-attacks on U.S. companies have increased over recent years resulting in significant costs to companies. According to surveys, U.S. companies have experienced a 42% increase between 2011 and 2012 in the number of…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

Personal Audio No Longer Trolling Adam Carolla

Adam Carolla has reportedly settled the lawsuit that was filed against him by Personal Audio LLC. The Agreed Motion to Dismiss Claims is available for review, but the specific terms of the settlement have not been disclosed—the…more
| Communications & Media Law, Intellectual Property

Ongoing Developments in Patent Law: Claim Construction on Appeal, Indefiniteness, and PTAB Decisions

There are a few patent cases to keep track of in the future that may have an impact on claim construction, indefiniteness, and Patent Trial and Appeal Board (PTAB) decisions…more
| Civil Procedure, Intellectual Property

Reviewing Potential Investments With Your Clients

On August 4, 2014, the SEC issued an Investor Alert citing 10 Red Flags that should give investors an indication that an unregistered offering may be a scam. If you are considering an investment in an unregistered offering or…more
| Finance & Banking, Securities Law
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