California Court of Appeal Rules Damages Are Unavailable To Plaintiff...
Until last week, Sutter Health was looking at a potential jury verdict in excess of $4 billion against several of its affiliated hospitals in a class action suit filed under the California Medical...
View ArticleRecent OCR Reports Illustrate Past and Future Compliance and Enforcement Efforts
Daily news stories about data breaches and enforcement actions seem to be the new norm, so it’s no surprise that people may start to believe that hackers have won the war and that no personal health...
View ArticleNew York Issues Proposed Bitcoin Regulations
On July 17, the New York State Department of Financial Services (DFS) issued proposed regulations delineating a license process for certain businesses involved in Bitcoin and other virtual currencies...
View ArticleCapital Thinking: Cybersecurity
Legislative Branch Activity - House Cybersecurity Legislation - This week, the House will consider four pieces of cybersecurity legislation on the floor including the National Cybersecurity and...
View ArticleTrademark Review (July 2014)
Past Disparagement Results in Present Cancellation: REDSKINS Marks Cancelled by TTAB - The Trademark Trial and Appeal Board (“TTAB”) cancelled six registrations for marks consisting in whole or in part...
View ArticleThe FCC’s contest regulations: A primer
Our recent post about the possibility that the Federal Communications Commission will no longer require broadcasters to disclose contest rules in their advertisements brought several questions from...
View ArticleCourt Report -- Part II - July 2014 #2
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Acorda Therapeutics Inc. v. Actavis Laboratories FL Inc. 1:14-cv-00882; filed July 7, 2014 in the...
View ArticleTelemedicine: Many Opportunities, Many Legal Issues, Many Risks
Telemedicine touches on multiple practice areas for health care lawyers, such as payment and reimbursement, fraud and abuse, credentialing and privileging, peer review, privacy, consent, licensing, and...
View ArticleThe Buck Stops Here – Senate Bill Takes Aim at E-retailers
After more than a decade of trying to gain traction on Capitol Hill, brick-and-mortar retailers could be close to leveling the playing field with online merchants if the Marketplace and Internet Tax...
View ArticleAll That Glitters Is Bitcoins?
What does an Irish electronic repairman, a sheriff from Kentucky, and a Finnish software developer all have in common? They are all getting paid in the hottest technological trend since Al Gore created...
View ArticleNo Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint...
An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory...
View ArticleOnline Payments in China: Recent and Regulatory Actions
On March 13, 2014, People’s Bank of China (“PBC”) issued an opinion letter halting immediately the use of QR codes for payments using mobile phones (as distinguished from using QR codes at POS...
View ArticleLower Burden for Wholesalers to Prove Revenue from Resellers
As a general matter, a wholesale provider may meet the Federal Communications Commission’s (“FCC”) reasonable expectation standard and establish revenue from resellers in one of two ways: (1) follow...
View ArticleFood Litigation Newsletter - July 2014
In This Issue: - Decisions ..Ninth Circuit Affirms Lodestar Attorneys’ Fees ..Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction ..Court Finds Pre-Answer...
View ArticleThe USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty...
The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving...
View ArticleFTC Releases Staff Report on Mobile Phone Bill Cramming
On July 28, 2014, the Federal Trade Commission (“FTC”) released a report, entitled “Mobile Cramming: An FTC Staff Report” (“Report”). The Report focuses on, and makes recommendations regarding, the...
View ArticleUsing Copyright to Protect Your Brand's Characters
When “Brand Protection” is discussed in the advertising context, trademark protection is typically what comes to mind. An often overlooked tool is copyright protection. If in advertising you have...
View ArticleHoffmann-La Roche Inc. v. Apotex Inc. (Fed. Cir.)
Hoffman-La Roche (“Roche”) appeals from the decision of the district court granting defendants summary judgment of invalidity as to claims 1-8 of the ’634 patent and claims 1-10 of the ’957 patent. The...
View ArticleThe Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing
On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted,...
View ArticleFDA Accepts First Biosimilar Application Filed under Section 351(k) of the...
Biologics are large molecules made from, derived from, or extracted from a natural source such as a human, animal, or microorganism that are used in the treatment, diagnosis, or prevention of disease....
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