pao“There is sufficient evidence from which a reasonable juror could conclude that Kleiner Perkins engaged in intentional gender discrimination, that Kleiner Perkins acted with malice, fraud or oppression,” wrote Judge Harold Kahn. (source ABA Journal.

I am advising all of my startup clients to pay particular attention to gender discrimination issues that may arise in the workplace, particularly in areas of the company where there is a disproportionate number of male employees.

“”Per this standard, there is sufficient evidence from which a reasonable juror could conclude that Kleiner Perkins engaged in intentional gender discrimination by failing to promote Ms. Pao and terminating her employment,” the judge said in the one-paragraph decision.”

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As Interim Comptroller and Counsel to Fruit Street, I am thrilled to share the following press release and bring you all up to speed on its progress under Chief Executive Officer Laurence Girard and Dr. Asif Ali.”

NEW YORK, March 23, 2015 /PRNewswire/ — Fruit Street Health (Fruit Street), a new digital wellness and telemedicine platform which helps patients live a healthier lifestyle and connects healthcare providers to patients using telemedicine and wearable mobile technologies, today announced that the company was a featured exhibitor at the 64th annual scientific session of the American College of Cardiology.

The conference, which took place in San Diego last weekend, featured Fruit Street as one of the only exhibitors out of 250 that emphasized a focus on lifestyle medicine by combining wearable devices and telehealth video conferencing technology.

This new Fruit Street Wellness Clinic product has been designed specifically for healthcare providers who are looking to monitor the lifestyle of their patients and conduct virtual consultations on Fruit Street’s HIPAA compliant FDA-registered video solution. The solution will also be fully integrated with leading wearable technologies such as FitBit, Withings, Jawbone UP, iHealth Labs, and the upcoming Apple Watch. This will enable clinicians to monitor lifestyle data from their patients such as sleep, exercise, diet, weight, blood pressure, and blood glucose data. The alert system also will send notifications to healthcare providers when patients don’t exercise enough, sleep too little, gain weight, or skimp on their fruit and vegetable intake.
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A lesson for startups…and yes, time to look at my own website here.

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popupoffice_phixr

Working on a rainy New York day listening to Bon Iver and The National.

I am pleased to announce my retention at Fruit Street Health, Inc., a funded and exciting Telehealth Startup in San Francisco. Scroll all the way down on the FS About Us page for my bio and appointment. Attorneys get too little repsect

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In a provocative piece on the Legal Funding Central Blog, Kenneth Min writes:

“That legal funding is attracting investment fund managers should come as no surprise, as commercial litigation funding is really just investing equity in an alternative asset class – and one that has the potential for impressive returns for investors.

At least that’s what one former Wall Street executive, William H. Strong, seems to think. The former Vice Chairman and Co-CEO of Morgan Stanley Asia-Pacific Operations came out of retirement to take on the role of chairman and partner at Longford Capital, a new litigation finance firm focusing on B2B claims in matters with over $25 million in controversy. Mr. Strong officially took his post May 1st.”

And many thanks to LFC for helping me to present to my startup and other litigation clients the cost and time lines for federal court litigation….here is one LFC graphic:

Screen-shot-2014-07-22-at-12918-PM_phixr

The complete LFC post here.

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I expect to join this month. Will keep you posted. My health tech clients are all for it!

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Have to love a United States District Court complaint that starts as follows:

“The publicized origin story of Square, Inc. is a fabrication. The business now known as Square was not created solely by Jack Dorsey and James McKelvey. It was Professor Robert Morley— and Dr. Morley alone— who invented the Square card reader, and Dr. Morley coinvented the corresponding magnetic stripe decoding algorithms of the Square app. Dr. Morley had over a decade of experience in the credit card industry, spanning card reader technology,
industry contacts, and business operations. In contrast, Messrs. Dorsey and McKelvey had no noteworthy experience in the credit card industry. Dorsey, Morley, and McKelvey worked together in a joint venture with the goal of entering the mobile credit card transaction industry inventing the Square card reader, which enabled Square’s entry into the mobile credit card transaction industry, Dr. Morley contributed his technological expertise and knowledge of the credit card industry to the joint venture. But Messrs. Dorsey and McKelvey betrayed the joint venture by incorporating Square, Inc., dictating the ownership of the newly incorporated company, and cutting Dr. Morley completely out of the enterprise.And in an attempt to whitewash these transgressions, Square has embroiled Dr. Morley in years of litigation and proceedings before the United States Patent and Trademark Office— forcing him to defend himself against the company he helped create. This lawsuit seeks justice for Dr. Morley, redress and redemption.”

For you startup litigation geeks:

Count One – Breach of Joint Venture Agreement

Count Two – Breach of Fiduciary Duty

Count Three – Unjust Enrichment

Count Four – Patent Infringement

Count Five – Consturctive Trust

Count Six – Civil Conspiracy

Count Seven – Negligent Misrepresentation

Count Eight – Fraud

Count Nine – Fraudulent Nondisclosure

Count Ten – Correction of Inventorship

Count Eleven – Conversion

Count Twelve – Misappropriation of Trade Secrets

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