Nanotechnology

Industry Team

As industry thought leaders, Harris Beach nanotechnology attorneys help clients navigate the complex legal, regulatory, and public policy issues arising from this innovative applied science. Our interdisciplinary team leverages their technical backgrounds to provide insightful and effective risk management, intellectual property, and financing strategies for nanotechnology applications in industries ranging from pharmaceuticals and medical devices, to energy and manufacturing.

With its diverse and seemingly endless potential applications, a host of legal, societal, and ethical issues accompany nanotechnology’s emergence. We help clients exploring the research and commercial opportunities of nanotechnology handle the full gamut of issues associated with this innovative applied science.

Nanotechnology creates materials and devices from nanoparticles a few billionths of a meter in diameter (half the size of a DNA strand). Nanotechnology applications range from computer chips, sports equipment, cosmetics, and medical devices, to drugs, food, automobiles, and telecommunications. It is estimated that nano-based global commerce will account for a staggering $1.5 trillion by the year 2015.

The application of nanotechnology to pharmaceuticals and medical devices has the potential to improve many aspects of medicine and shift our health care system focus to preventing rather than simply treating disease. In the energy and manufacturing arenas, nanotechnology is driving more efficient energy sources, and lighter, faster and more effective materials and electronic products.

Harris Beach’s Nanotechnology Industry Team members are able to leverage their technical backgrounds and legal acumen to help nano-based businesses succeed. Our attorneys have chaired and spoken at national nanotechnology conferences and published in the field, and serve on national committees that are writing informative white papers for thought leaders in Congress and regulatory agencies.

Our interdisciplinary nanotechnology industry team is comprised of attorneys and professionals experienced in such related practice areas as business and commercial litigation, corporate law, energy, environmental law, immigration, intellectual property, labor and employment, medical and life sciences, public finance, and toxic tort. Complementing Harris Beach’s legal services, our subsidiary HB Solutions LLC offers a broad range of non-legal consulting services to provide fully-integrated strategic solutions to our nanotechnology clients.

Our services include:

The Regulatory Environment

As one might expect with an emerging field, nanotechnology faces significant regulatory scrutiny. Numerous U.S. federal agencies including the Food and Drug Administration, Consumer Product Safety Commission, Federal Trade Commission, Environmental Protection Agency, Department of Defense, Patent Office, and NationalInstitute for Occupational Safety and Health have claimed a role in oversight of the nanotechnology industry.

Harris Beach attorneys can help clients deal with the ambiguities of current nanotechnology regulation by providing a comprehensive analysis of existing legal authorities and alerting them to new laws as a regulatory blueprint is developed for nanotechnology. Our nanotechnology team is familiar with current FDA regulations and its current case-by-case assessment methodology for products containing nanoparticles.

Additionally, we understand the environmental implications of nanotechnology and are well versed in the statutes that currently or may potentially apply to the manufacture, use, and disposal of nanomaterials. Our attorneys can help guide businesses to research and develop nanotechnology in accordance with the Clean Air and Clean Water Acts and comply with the Toxic Substances Control Act, the likely regulatory vehicle by which nanomaterials and products will be managed by the EPA. Should the EPA classify nanomaterials as hazardous substances, Harris Beach can counsel owners and operators of cleanup sites and transporters of hazardous substances to minimize their liabilities.

Risk Assessment and Management

The nearly limitless application for nanomaterials and variability of nanoparticle characteristics add to the complexity of assessing nanoparticle toxicity and risk, especially since the health effects from human exposure to engineered nanoparticles are essentially unknown. Harris Beach attorneys can help manufacturers protect themselves with pre-product launch risk assessment, product and package labeling, getting their electronic documents in order, and representation in product liability cases involving consumables, chemicals, drugs, medical devices, and other nano products.

Incentives for Investors / Economic Development

With the tremendous projected growth in nanotechnology over the next decade, the field is attracting significant investment capital. Our attorneys provide a full range of services to facilitate identifying, securing, and managing economic development incentive programs including the Semiconductor Manufacturing Initiative – New York, Centers of Excellence, and Qualified Emerging Technology Company credits. Specifically we offer eligibility evaluation, loan/grant application preparation, negotiation of project benefits with New York state, analysis of expected tax credits, deal structuring services, and client representation through closing.

Harris Beach’s economic development experience includes serving as counsel to the developer of the Rochester Technology Park and representing a public benefit corporation with the development of the Saratoga Technology & Energy Park. These research complexes include a number of prominent tenants including high technology and nanotechnology businesses.

International Investment

Harris Beach can help international organizations understand federal regulations and procurement, import-export issues, and ethical oversight. New York state represents tremendous opportunity for international organizations seeking to grow and expand business in the United States. Harris Beach has a strong reputation for its knowledge on how to conduct business in New York state. This knowledge assists clients, including nanotechnology companies, with advancing state and local government approvals as well as accessing grants and economic development incentive programs.

Immigration Law

Harris Beach immigration law attorneys can advise foreign nanotechnology businesses regarding the correct visa structure for their U.S. operations, after analyzing U.S. subsidiary ownership, types of workers sought, desired duration of stay, and foreign employee nationality. They can also help nanotech scientists, researchers, engineers, managers, and executives coming to the U.S. obtain appropriate temporary employment and permanent resident visas.

Our attorneys can advise nanotechnology companies on all aspects of employing foreign nationals including visa matters, security concerns, export license controls, employer I-9 compliance and related record-keeping. Additionally, Harris Beach immigration law and public finance and economic development attorneys can counsel and represent clients regarding obtaining USCIS Regional Center designation, a program that creates an incentive for direct foreign investment of threshold amounts in exchange for U.S. permanent residence.

Energy

Our Energy Industry Team works with numerous alternative energy companies. Nanotechnology enhances key properties of energy technologies designed to achieve sustainability and secure future energy supplies. Examples include better insulation, solid state lighting, and the reduction of automobile weight by the use of carbon nanotubes and nanofibers in composite materials. Nanotechnology also promotes the use of revolutionary energy sources such as hydrogen and inexpensive, lightweight plastic solar panels.

Intellectual Property

Harris Beach can help clients successfully patent inventions incorporating nanotechnology. We routinely perform intellectual property audits, and have extensive experience managing international client patent and trademark portfolios to protect identity and brand value. Our attorneys also analyze current and anticipated changes in the patent landscape for potential effects on nanotechnology-related intellectual property strategies.

Additionally, in commercializing an invention, especially in an emerging field such as nanotechnology, it is critical to enforce patents, trade secrets, and other intellectual property rights. Harris Beach provides counseling and enforcement services in all aspects of litigation, including federal patent infringement, state trade secret, and licensing litigation.

Corporate Law: Doing Business with Nanotechnology Industries

Our attorneys have guided companies from start-up to success, through mergers, acquisitions, joint ventures and public stock offerings. Specifically, we can assist nanotechnology clients in the exploration of opportunities to raise capital as well as in a broad range of corporate law matters including licensing, manufacturing, contractual matters, production and distribution agreements, business formations and structure, and corporate governance issues. We help clients with securities law compliance, both in public offerings and private placements.

Additional Legal Support

If unresolved or problematic issues occur, or should litigation be warranted, we can also provide business and commercial litigation and employment law and litigation attorneys to support areas that commonly impact high-tech and nanotech businesses including the drafting and enforcement of non-disclosure and non-compete agreements.

Marketing and Communications

HB Solutions marketing and communications consultants aid clients with their strategic planning, project development, controversial and crisis communications management, and public and media relations. Our marketing and communications consulting experience includes helping clients brand themselves and present their unique marketing proposition to potential technology partners and end users.