Technology Employment Law

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Legal Insight for Technology, Media, and Telecommunications Employers

Category Archives: Securities Law Compliance and Disclosure

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Katherine Lofft on the Perils of Using Unlicensed Brokers to Connect to Investors

Katherine LofftFrom our colleague at Epstein Becker Green Katherine R. Lofft, on the TechHealth Perspectives blog:

There are myriad opportunities right now for new businesses and talented entrepreneurs targeting healthcare, particularly in the IT sector. It’s an exciting time for people and companies looking to harness the promise of innovation and the power of technology to improve health care delivery, empower patients and lower costs.

However, even the best ideas usually require money to get off the ground. Sometimes they require more capital than the founders or management, or their family and friends, have available. While there are many … Continue Reading

U.S Supreme Court Weighs In on Materiality of Reports of Adverse Effects of Over the Counter Drug That Were Not Statistically Significant

On March 22, 2011 the U.S. Supreme Court handed down a decision which is likely to have serious repercussions for companies in the bio/pharma tech space.  In MATRIXX INITIATIVES, INC., ET AL. v. SIRACUSANO ET AL., the Court rejected Matrixx argument that reports regarding the adverse effect of Zicam, its leading revenue generating product, were not statistically significant and therefore not material.

Noting that the analysis of materiality under the securities laws in fact specific, the Court appears to have relied heavily on two factors:

1. The methodologies and requirements of the FDA; and 

2. Public statements issued by Matrixx regarding its … Continue Reading

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