Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation...
In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in...
View ArticlePlaintiffs May Assert Negligent Design Claims for Prescription Drugs, Pa....
In a stunning decision with broad implications for pharmaceutical companies in Pennsylvania and elsewhere, the Supreme Court of Pennsylvania has held that plaintiffs may assert negligence claims...
View ArticleFFIEC Finalizes and Clarifies Its Social Media Policy
The Federal Financial Institutions Examination Council (FFIEC) recently released its final supervisory guidance on social media use. In January 2013, we wrote about the FFIEC’s proposed guidance in...
View ArticleSupreme Court Lays Burden of Proof on Patentee, Even in Declaratory Judgment...
In Medtronic, Inc. v. Mirowski Family Ventures, LLC, a unanimous Supreme Court held that the patent holder bears the burden of proving infringement, even in a declaratory judgment action brought by a...
View ArticleBlurred Lines: Ninth Circuit Applies Same First Amendment Protections to...
The Ninth Circuit last week became the first federal court of appeals to find that bloggers are entitled to the same First Amendment protections as traditional print and broadcast media when sued for...
View ArticleHow Canada’s Anti-Spam Enforcers Will Cooperate, Coordinate, Share Information
Canada’s Anti-Spam Legislation (CASL) brings with it new legal violations and penalties, some of which become effective as of July 1, 2014. The Canadian Radio-television and Telecommunications...
View ArticleHealth Reform + Related Health Policy News - January 2014, Issue 1
In This Issue: - Top News ..Congress Approves Budget Deal with Short-Term ‘Doc Fix' ..CMS “Two-Midnight” Rule delayed until March 31, 2014 ..Individuals with Canceled Insurance Policies May Apply for...
View ArticleFailure To Protect Data May Be an Unfair Business Practice
The Federal Trade Commission (FTC) has announced settlement of charges against Accretive Health, Inc. The FTC had alleged that Accretive engaged in an unfair business practice when it failed "to employ...
View ArticleSupreme Court Finds Patent Owner Have Burden of Proving Infringement in a...
The Supreme Court has unanimously ruled that a patent owner always has the burden of proving infringement, even if the case is brought by a licensee asking for a declaration that the licensed patents...
View ArticleCMS and the OIG Extend Protections for Electronic Health Record Donations
On December 27, 2013, the Office of Inspector General (“OIG”) and the Centers for Medicare & Medicaid Services (“CMS”) each published, in the Federal Register, a final rule that amends regulations...
View ArticleWeek in Review - January 23, 2014
Anything you say on Facebook can and often will be used against you in a court of law. Technology has not only changed the workplace; it has also changed employment lawsuits. We've provided a link...
View ArticleThe Opening Decision Of The Australian Patent Office For 2014 – Another...
In the first published decision by the Australian Patent Office for 2014, Aqua Index Ltd [2014] APO 2 (‘Aqua Index’), the Delegate of the Commissioner of Patents has refused yet another patent...
View ArticleSEC 2014 Adviser Examination Priorities Include Continuation of Presence...
The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) announced the 2014 examination priorities (the “Announcement”) for its National Examination Program (the “NEP”). The priorities are...
View ArticleReport deems NSA telephone records program illegal
The Privacy and Civil Liberties Oversight Board issued a report today concluding that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended....By: DLA...
View Article1st & Ten at the Super Bowl: The Brand You Probably Don’t Know You Know
The NFL is known as a trademark monetizing machine, and this year’s “POT BOWL” is not without its share of trademarks stories. It was recently reported that running back Marshawn Lynch of the Seahawks...
View ArticleAdvertising Law -- Jan 24, 2014
SPECIAL FOCUS: Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings - Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone...
View ArticleCMS Proposes Significant Changes to Medicare Part D Program’s Administration
The Centers for Medicare & Medicaid Services proposes significant changes to several key Medicare Part D Program components, such as the “any willing pharmacy” contracting requirement, that will...
View ArticleFood Litigation Newsletter - January 23, 2014
In This Issue: - Recent Significant Developments and Rulings ..Court Denies Class Certification in Class Action Suit Against Ben & Jerry’s ..FDA Declines to Revise Policy on “Natural” Food Labels...
View ArticleExtensive Prior Examination of Patent-In-Suit Justifies Denial of Stay...
VirtualAgility, Inc. ("VirtualAgility) filed a patent infringement action against Salesforce.com, Inc. ("Salesforce") over a patent purporting to cover processes and tools that provide a common...
View Article2013 annual venture investment dollars rise 7%
According to the MoneyTree Report by PricewaterhouseCoopers LLP and the National Venture Capital Association (NVCA), venture capitalists invested $29.4 billion in 3,995 deals in 2013, an increase of 7%...
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