Winstead PC

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

  • 214.745.5400
  • 214.745.5390

Negotiating Your “Series A” Financing

One of your first tasks in financing your technology company is likely to be completing your initial equity financing with outside investors. Typically, these financings are done with a venture capital firm (“VC”), angel…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

Non-Competition Agreements

Take care when entering into non-competition agreements - This post deals with non-competition agreements in Texas. These rules vary from state to state so if you are not in Texas, you should consult with an attorney in…more
| Commercial Law & Contracts, Labor & Employment Law

Equity Crowdfunding - A new way to raise money.

So you have a great idea for a new business but don’t have the money to get it off the ground. Equity crowdfunding is now a popular way to draw attention (and potential funders) to startups. But is it the right choice for…more
| Communications & Media Law, Finance & Banking, Securities Law

Advisory Board Members

Often a young technology company will seek assistance from more experienced individuals, giving them the position of “Advisory Board Member” and giving equity to a person who agrees to serve in that capacity. This designation…more
| Business Organizations, Commercial Law & Contracts

Change in Rules Related to Employee Communications and Use of Employer’s E-mail

Since its 2007 Register Guard decision, the National Labor Relations Board (“NLRB”) has taken the position that employees have no statutory right to use company email for Section 7 purposes (e.g., email communications regarding…more
| Labor & Employment Law

National Labor Relations Board Issues Final Rules for Ambush Elections

The National Labor Relations Board (NLRB) has adopted a final rule for what has become known as the “ambush election” rules, which will effectively shorten the time to 10-14 days in which a union election can be held. The…more
| Administrative Law, Labor & Employment Law

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
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