DOJ Revisits Music Royalty Consent Decrees
From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to...
View ArticleSupreme Court Declines to Opine on Circuit Split Over Rule 9(b) Pleading...
On March 31, 2014, in U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, the Supreme Court of the United States declined to review a decision by the U.S. Court of Appeals for the Fourth...
View ArticleFDA Launches Huge Online Database of Adverse Events
As part of the Obama administration's effort to make public information more accessible, the FDA launched openFDA on June 2, 2014. This new database makes nearly 4 million pharmaceutical adverse event...
View ArticleDon’t Get Caught With Your Pants Down: Cover Your Assets By Registering Your...
Whether you aspire to grow your fashion line to become as recognizable as Chanel, Louis Vuitton, Yves Saint Laurent, or you have more modest aspirations for your fashion line, this article is for you....
View ArticleSummertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for...
Over the Spring, we reported on how the Eleventh Circuit’s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer...
View ArticleCMS's Final Exchange and Insurance Market Standards Impact Qualified Health...
On May 16, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule titled "Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and...
View ArticleHealth Law Alert: HIPAA Enforcement on the Rise, as OCR Audit Program Moves...
A recent settlement from New York—involving the largest fine levied to date in the history of HIPAA enforcement, a staggering $4.8 million imposed on two public hospitals—should remind health care...
View ArticleBitcoins Do Not Require FBAR Filing
I have been posting a lot of FBAR-related posts lately. Here’s one more. There has been a question whether owners of “bitcoins” and other virtual currencies that have non-U.S. aspects, are subject to...
View ArticleContests – Check Rules Before Offering!
Contests can be a great way to engage consumers and create publicity for your business, and social media makes it easier than ever to promote a contest to a broad audience. However, there is more to...
View ArticleMedicare Proposes Prior Authorization Process for Certain DMEPOS Items
On May 28, 2014, CMS issued a proposed rule to establish a permanent prior authorization process for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) items that are...
View ArticleCloud Computing Is a Hot Topic… in Business and the Courtroom
Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This...
View ArticleAdvertising News & Analysis - June 2014
In this issue: - Leading Product Liability Litigator Jessica Grant Joins Venable's SF Office - FindTheBest's 1-2 Punch KOs Patent Troll - The Other Ski Boot Drops – You Shouldn't Collude Over Endorsers...
View ArticleGia Nother Wine Bottle Trademark
Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark)......By:...
View ArticleEstablishing Personal Jurisdiction Over Foreign Corporations in ANDA Cases
In this BNA Insight, attorney Paul Ragusa examines the impact of a recent U.S. Supreme Court decision on litigation involving foreign corporations and abbreviated new drug applications. He says it may...
View ArticleTSCA Reform: Democratic Minority Circulates Redline of April 22, 2014, CICA...
The Democratic Minority has circulated a redline version of the April 22, 2014, discussion draft of the Chemicals in Commerce Act (CICA2). A copy of the redline version of CICA2 is available online....
View ArticlePrivacy Alert: Judge Backs FTC Authority in Data Breach Case Against Franchisor
On April 7, a federal judge denied the motion of Wyndham Hotels & Resorts, LLC (“Wyndham”) to dismiss a complaint brought by the Federal Trade Commission (“FTC”) for unfair or deceptive acts or...
View ArticleCourt Report - June 2014
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Amarin Pharma, Inc. et al v. Teva Pharmaceuticals USA, Inc. 3:14-cv-03558; filed June 4, 2014 in the...
View ArticleStatus Updates
..The U.S. Secret Service is looking for software developers who can write programs that are capable of detecting sarcasm in postings on social media sites in order to distinguish real threats from...
View ArticleChemical Facility Safety and Security Working Group Issues Report Summarizing...
In April 2013, an explosion destroyed a fertilizer plant in West, Texas, killing 15. In response to this and other recent catastrophic and fatal incidents at chemical facilities, President Obama on...
View ArticleWebsites Hit With Demand Letters on Accessibility Issues Despite Courts’...
In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and...
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