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Privacy & Cybersecurity Update - January 2014

In This Issue: - Ramifications of the Target Data Breach - California Federal Judge Winnows Down Massive Privacy Class Action - White House Launches “Big Data” Review - Senator Rockefeller Issues Data...

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You May Not Necessarily Be the Master of Your Domain

The ability to associate goods and services with a specific domain name can make or break a business, so much so that companies are still willing to fork over millions to purchase domain names. And...

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Intellectual Property Year in Review

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government...

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Data Security Breach at Target is an Important Lesson for All Companies

News about the data security breach at Target is rapidly developing. Current reports indicate that in the last few weeks, the credit and debit card information for as many as 40 million Target...

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Liability for Pharmaceutical Manufacturers Expands for the First Time to...

Product liability law in Pennsylvania has been fundamentally altered as it relates to the manufacturing and selling of prescription drugs. Manufacturers are now subject to design defect claims...

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Court Spares Third-Party Service Providers from Contributory Trademark...

Trademark owners frustrated by cybersquatting will not be able to sue third-party service providers for contributory infringement, according to a new decision by the United States Ninth Circuit Court...

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Bitcoin CEO Indicted for Silk Road Laundering

Bitcoin CEO indicted! The U.S. Attorney for New York has issued a criminal indictment of two top officials of Bitcoin Exchange Company who are alleged to have participated in a scheme to launder...

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More fallout from Silk Road

Another set of Bitcoin-related arrests for failing to comply with the Bank Secrecy Act. Interestingly, investors in one of the companies include the Winkelvoss twins. Anyone who is involved in Bitcoin...

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"Health Care and Life Sciences: Affordable Care Act Rollout to Impact M&A and...

Health care and life sciences companies face a variety of issues in 2014, including further difficulties with the Affordable Care Act (ACA) rollout because of legal and logistical challenges, the...

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NIST Cybersecurity Framework Will Not Include Privacy Standards Appendix

On January 15, NIST updated the status of its efforts to finalize the voluntary Cybersecurity Framework directed by President Obama’s Executive Order 13636. According to the update, NIST expects to...

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Be Prepared – HIPAA Audits are Coming in 2014

Later this year, the Department of Health and Human Services (“DHHS”) is expected to launch its permanent HIPAA Audit Program. The HIPAA Audit Program is authorized under Section 13411 of the HITECH...

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"Cybersecurity: Amid Increasing Attacks and Government Controversy, a...

2013 likely will be considered a watershed period in the role of cybersecurity in corporate strategy and management. While there were few significant legislative developments, a marked increase in...

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Hi-Tech Pharmacal Co. to Pay $25 Million in Settlement with Texas AG for...

The Texas Attorney General announced on January 7, 2013 that New York pharmaceutical company Hi-Tech Pharmacal Co. will pay the state of Texas and the federal government a combined $25 million to...

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OCC, FDIC Enforcement Action Targets Vendors’ Risk Management

On January 17, the OCC released a cease and desist order entered jointly by the OCC and the FDIC with two affiliated technology service providers that offer payment and other technology solutions for...

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Obama’s European Privacy Headache

Since the revelations of Edward Snowden, there has been a wave of data privacy repercussions in Europe. Snowden, the former CIA employee and US National Security Agency (NSA) contractor, disclosed top...

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Bitcoins Drawing Increased Interest from Congress, New York and Merchants

Given the growing acceptance of Bitcoins, Congressional and state regulator interests have piqued. Two Senate subcommittees— the Senate Committee on Homeland Security and Governmental Affairs and the...

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FDA Issues Final Guidance Regarding Dear Health Care Provider (DHCP) Letters

Recommendations are Intended to Improve the Communication of Important New or Updated Safety Information for Prescription Drugs and Biological Products - On January 23, 2014, the Food and Drug...

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Domain Names – Possession Is 9/10ths Of The Law

As 2013 was winding down, the law firm of Dewey, Cheatum & Howe also known as www.BestLawfirmEver.com was calculating its partners’ year end distributions. Before the ink was dry, Dewey announced...

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U.S. Supreme Court Adds "Relevant Reader or Listener" to "Material Falsity"...

In its decision in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that "the relevant reader or listener" must be considered in assessing the falsity element in defamation...

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U.S. Privacy and Data Protection: 2013 Year in Review and a Look Ahead to 2014

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP...

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