Practice Areas > Business Practice

Sunstein offers a variety of corporate legal services to businesses. In particular, we help our clients develop business structures that achieve the long-term goals of investors and management. Such planning involves considerations of control, capital formation, taxation, and regulatory and financing issues. Our Business Practice Group leverages our transaction skills with extensive knowledge of intellectual property and technology to promote our clients’ business objectives.

Areas of Expertise


  • Children’s books and toys
  • Education R&D
  • Electrical engineering
  • Individual inventors
  • Investment management
  • Life sciences
  • Manufacturing
  • Medical devices
  • Metal fabrication
  • Metallurgy
  • Military training
  • On-line education and career guidance
  • Plastic extrusion
  • Software as a service
  • Web hosting


  • Collaboration agreements
  • Custom chip design and fabrication
  • Distributor agreements
  • Employment and consulting contracts
  • Equity and debt financing
  • Equity incentive plans
  • GDPR and US privacy law compliance
  • Government contracts
  • License agreements
  • Master service agreements
  • Mergers and acquisitions
  • Partnership and LLC agreements
  • Publication agreements
  • Software and website development
  • Website terms of service and privacy policies

Business Practice Group

Making Things Right for a Scientist

A scientist at a prominent research hospital made a central contribution to a project working with colleagues in a different laboratory at the hospital. The research led to a license agreement with a major pharmaceutical company that later introduced a product based upon this research. The product was a blockbuster, rapidly exceeding a billion dollars in annual sales. Royalties started flowing in to the research hospital.

Like many research institutions, this hospital has a policy of sharing license revenues with the scientists who generate valuable ideas, and also with their labs. Unfortunately for our client, his contribution to the project had been discounted and it looked like the royalties would not be coming his way. In the face of stiff departmental rivalries and bureaucratic inertia, our litigation team engaged with the legal department of the hospital, including participating in a mediation proceeding, and managed to persuade the hospital of the significance of our client’s contribution to the project. Subsequently, one of our business attorneys was then able to navigate the hospitals conflict-of-interest rules so as to enable our client to use the royalties that were to be paid to his lab to fund his start-up company’s research. Thus, the client is now receiving royalties personally and his start-up is thriving.

Scientist_Business Practice Section

Business Practice Results

Exergen Corporation vs. Kaz, USA, Inc.

United States District Court for the District of Massachusetts

Sunstein’s trial team won a jury verdict for our client Exergen, resulting in a $16 million judgment against Kaz, the maker of consumer products sold under the Vicks and Braun brands. Despite Kaz’s multiple challenges to the twelve patent claims asserted by Exergen, the jury upheld the validity of all of them, and found that the forehead thermometers sold by Kaz infringed those claims. Exergen is a Watertown, MA-based manufacturer and seller of thermometers for both the professional and consumer markets.


$16 million judgment

FairWarning IP, LLC v. Iatric, Inc.; FairWarning IP, LLC v. CynergisTek, Inc.

We successfully defended clients Iatric and CynergisTek in the District Court and Federal Circuit against claims of patent infringement relating to software for detecting fraud and misuse of protected health information. Sunstein litigation group obtained judgments of patent invalidity under Section 101.

Business Practice Articles

  1. 3M Strikes Against N95 Mask Price Gouging
  2. Back to Work: The Use of Contact Tracing Technology to Improve Worker Safety
  3. Does the Defense Production Act Provide a Safe Harbor Against Infringement Claims?
  4. Facial Recognition: A Clear View to Dystopia
  5. California Leads the Nation in Privacy Protection, But To Where?
  6. U.S. Navy is no [Software] Pirate Despite Making 430,000 Extra Copies
  7. Exploitation of Publicly Available Website Data May be Unstoppable
  8. FTC Unfriends Facebook But Wants to Stay in Touch
  9. The New Tax Bill and Its Effect on Inventors: A Capital Result
  10. Restricting Keyword Advertising Can be Anticompetitive, holds the FTC
  11. Revisions to Bayh-Dole Act Regulations Governing Rights to Federally Funded Inventions

Contact Sunstein

We are ready to speak with you about your legal service needs. For full biographies and contact information please see our Attorneys pages.

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