FTC Found to Have Authority Over Standard for Consumer Data Security by NJ...
In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its...
View ArticleSeventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA...
In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s...
View Article#HackTelecomMexico Telmex on TV: Damned if you do, damned if you don’t
For over 20 years, Telmex has been restricted from the TV services. During last 6 years, this debate grew in importance, but the dilemma remains intact: Should Telmex be allowed to enter TV market? If...
View Article#SMH-butnotacontestorsweepstakes – Check Your Online Promotion Hashtag Or...
As we have reported before, the Federal Trade Commission requires the disclosure of any “material connection” offered in exchange for an online endorsement or post in their Online Endorsement...
View ArticleThe Art of Parodying a Global Mega-Brand
In February 2014, comedian Nathan Fielder orchestrated an ambitious publicity stunt – he crudely poked fun at global mega-brand Starbucks. His elaborate prank could have been a costly one. Fielder...
View ArticleHouse and Senate Bills Would Provide Incentive for Repurposing Old Biologics
Last month, Sen. Richard Blumenthal (D-CT) and Rep. Joaquin Castro (D-TX) introduced legislation in the Senate and House, respectively, that would extend the term of certain patents claiming a method...
View ArticleFDA, ONC and FCC Report Outlines Proposed Health Information Technology...
On April 3, 2014, the U.S. Food and Drug Administration, in conjunction with the Office of the National Coordinator for Health Information Technology and the Federal Communications Commission, issued a...
View ArticleFTC Announces Settlements for Mobile App Security Issues
On March 28, 2014, the Federal Trade Commission (FTC) announced settlements with Fandango, LLC and Credit Karma, Inc. resolving charges that the companies misrepresented the security of their mobile...
View Article"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA
As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting...
View ArticleShire Development, LLC v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2014)
Claim construction in patent cases, and the propensity for the Federal Circuit to disagree with a district court's conclusions regarding the scope and meaning of claim terms, remains one of the most...
View ArticleONC’s Security Risk Assessment Tool Is Useful but Could Be Improved
The Office of the National Coordinator for Health Information Technology (ONC) released a Security Risk Assessment Tool (SRA Tool) on March 28. According to the User Guide for the SRA Tool, the Tool is...
View ArticleLifeline Database Update: NLAD Operational in All States, FCC Announces Success
The FCC’s National Lifeline Accountability Database (“NLAD”) now is operational in all states and has already had a significant impact in reducing waste, fraud, and abuse. The FCC announced today that,...
View ArticleInternet of Things at the Salone, but what legal issues for furnitures?
The Internet of Things will generate 9 billion devices by 2018 according to estimates, but the recent hacker attack that caused a fridge to send over 750,000 spam and phishing messages over the...
View ArticleCloud Services and Export Control: What You Don't Know Can Hurt You
Cloud services in all forms are becoming widely adopted by enterprise customers. Public, private and hybrid cloud service offerings continue to grow in number and nature. Companies are migrating to...
View ArticleNew Domain Name ".solar" is Now Available
As many of you know, all businesses worldwide are facing the opportunities and perils of a vast expansion of internet domain names. The Solar Industry is on the front row of this new domain name game...
View ArticleNo More Excuses: HHS Issues New HIPAA Tool for Small Businesses
Three U.S. Department of Health and Human Services (“HHS”) agencies, the Office for the National Coordinator for Health IT (“ONC”), in conjunction with the Office for Civil Rights (“OCR”) and the...
View ArticleNew Jersey Federal Court Upholds The FTC’s Authority To Regulate Data Security
On April 7, a highly anticipated opinion was issued by New Jersey District Court Judge Esther Salas in a case that will likely have broad implications in the realms of privacy and data security. The...
View ArticleAntennas, Broadcasting, and Copyright: The Supreme Court’s Review of ABC v....
US law provides copyright owners with a bundle of rights to protect their original works, including the exclusive right to publicly perform the copyrighted work. The question of what constitutes a...
View ArticleDevelopment of Horizontal Drilling Techniques Drives Global Demand for...
Research and Markets, a leading international market research and market data firm, has released its report on Global Trends and Forecasts for Fracking Chemicals and Fluid Markets. The report estimates...
View ArticlePreparing The Boss For Media Interviews
Smart executives and business owners know that a good public-relations program can build a brand and burnish a reputation. Good PR costs less than advertising and lends credibility to your...
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