Novel Aspect of Invention Determined in Favor of Datascape in Patent Dispute...
Judge Clarence Cooper adopted Special Master Gale R. Peterson’s report in its entirety ruling in favor of Datascape, Inc., in denying the summary judgment motion of Spring Spectrum, L.P, and Sprint...
View ArticleSEC Staff Provides Guidance to Investment Advisers on the Use of Social Media
In response to the prevalence of social media sites featuring consumer reviews of various types of businesses, on March 28, 2014, the SEC’s Division of Investment Management published an IM Guidance...
View ArticleHealthcare IT News: OIG Does An About-Face On Referral Service Pricing
The Department of Health and Human Services Office of Inspector General (OIG) recently terminated a favorable 2011 advisory opinion regarding a healthcare IT company's "per-click" pricing model for its...
View ArticleUSPTO Tries to Address Public Misunderstandings Regarding Myriad-Mayo Guidance
The U.S. Patent and Trademark Office spent the entire afternoon session of today's biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting focusing on the guidance memorandum for...
View ArticleEmerging EHR Risks: When Documentation May Not Be Enough (or Too Much)
Today’s Electronic Health Record (EHR) technologies feature many tools that help providers practice more efficiently and allow them to spend more time caring for patients. However, the federal...
View ArticleStates Further Attempt to Protect Minors' Privacy Online
Following the adoption of a California law protecting minors under the age of 18 online, Delaware has now introduced House Bill 261, which would add a new section called the Child Online Protection Act...
View ArticleECHA Planning Workshop on Regulatory Challenges in the Risk Assessment of...
The European Chemicals Agency (ECHA) will hold a topical scientific workshop on October 23-24, 2014, on regulatory challenges in the risk assessment of nanomaterials. The workshop will bring together...
View ArticleU.S. and U.K. Sign Memorandum of Understanding for Collaboration on Data...
Citing the increasing frequency with which consumer information crosses international borders and the need for coordinated monitoring and enforcement strategies related to consumer privacy, the U.S....
View ArticleCyberliability Developments in the Offshore Jursidictions
The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in...
View ArticleFTC Still In Charge Of Privacy Enforcement: Ten Lessons From Wyndham
The Federal Trade Commission (FTC ) is the most active and aggressive federal government agency to investigate and enforce data privacy and security laws against businesses. Section 5 of the FTC Act...
View ArticleIowa Adds AG Data Breach Notice Requirement
On April 3, Iowa Governor Terry Branstad signed SF 2259, which amends the state’s data breach notice law to add a requirement that businesses that experience a data breach notify the state attorney...
View ArticleFlorida Court: Blogger Entitled To A Pre-Suit Retraction Demand For Alleged...
In Comins v. VanVoorhis, a Florida court has addressed the question of whether bloggers should be treated as "publishers" under defamation and libel law......By: Holland & Knight LLP
View ArticleFederal Court Refuses to Dismiss FTC Data Security Authority
On April 7, 2014, in a landmark decision with broad implications for American businesses, the U.S. District Court for the District of New Jersey upheld the U.S. Federal Trade Commission’s authority to...
View ArticleFDIC Reissues Technology Outsourcing Resources, Urges Use Of Cyber Resources
On April 7, the FDIC reissued, as attachments to FIL-13-2014, three technology outsourcing resources. The documents, which the FDIC describes as containing “practical ideas for banks to consider when...
View ArticleDon’t be a Jerk
Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people,...
View ArticleUpdate on Myriad Appeal and Announcing a Public Forum on the USPTO 101...
Myriad has appealed the district court decision that denied its motion for a preliminary injunction against Ambry Genetics Corp. According to a report in Bloomberg BNA Life Sciences Law & Industry...
View ArticleCar Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill...
In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a...
View ArticleBYOD: Where the Employee and the Enterprise Intersect
The proliferation of bring your own device programs – or “BYOD” as it is commonly referred – has drastically changed today’s corporate workplace environment. Employees are availing themselves of smart...
View ArticleSEC Says the Cyber Police Are Coming
Pretty soon we’ll all be data privacy lawyers. The SEC is certainly doing its part to ensure that comes to pass. Earlier this year the SEC’s Office of Compliance, Inspections, and Examinations...
View ArticleGeneric’s Counterclaims for Non-Infringement are Proper Despite Covenant Not...
On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New...
View Article