Government targets ‘risky business’ with free HIPAA assessment tool
Last week, the Office for Civil Rights of the U.S. Department of Health and Human Services released a toolkit for covered entities and business associates to use to perform a security risk assessment....
View ArticleFederal Court Holds That FTC May Regulate Company Data Security Practices
In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal...
View ArticleEleventh Circuit Holds TCPA Consent To Receive Autodialed Calls Must Come...
On March 28, the U.S. Court of Appeals for the Eleventh Circuit held that, under the Telephone Consumer Protection Act (TCPA), consent to receive autodialed calls on a cell phone number must be...
View ArticleFuture OCR Audits Have Little in Common With Previous Round—Here’s How to...
The HHS Office for Civil Rights (OCR) recently presented information about the new look of its Phase 2 audit program. The new audits will look little like the old ones, with OCR conducting the audits...
View ArticlePatent Infringement Lawsuits Against Software End-Users
Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming...
View ArticleAmerican Broadcasting Companies, Inc., Et Al., v. Aereo, Inc., F/K/A Bamboom...
INTEREST OF AMICI CURIAE - This amicus curiae brief is filed on behalf of DISH Network L.L.C. (“DISH”) and EchoStar Technologies L.L.C. (“EchoStar”). Since its founding in the early 1980s, DISH has...
View ArticleTwo Recent 340B Developments: New Hospital Registration Guidance and Proposed...
Earlier this week, the much-anticipated 340B Drug Pricing Program (340B Program) proposed rule arrived at the Office of Management and Budget for review. Publication of this proposed rule is expected...
View ArticleThe Heartbleed Lesson for All Companies? Manage the Risk...
Threats to data privacy are not going away, but establishing appropriate security measures up-front, performing regular stress-tests on a security system, putting in place procedures to address a data...
View ArticleProtection against Business and Legal Risks from the iPhone 5s Security...
The iPhone 5s debuted with a list of new features designed to enhance its users’ experience. Among the list is Touch ID, a form of biometric security that allows users to lock and unlock their iPhone...
View ArticleIndiana Governor Signs Biosimilar Substitution Bill
On March 25, Indiana Governor Mike Pence signed legislation (Senate Bill 262) that will allow pharmacists in Indiana to substitute an interchangeable biosimilar product for a prescribed biological...
View ArticleMany Lessons for Companies to Learn After the Target Data Breach
The red bull’s-eye. Even shoppers that don’t frequent Target know the retailer’s ubiquitous logo. But what many holiday shoppers — both loyal Target customers and casual visitors to the trendy discount...
View ArticleTCPA Litigation Explosion Leads to Rule Clarifications
Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an...
View ArticleHeartbleed SSL/TLS Vulnerability
"SSL" and "TLS" refer to the transport protocols that are used widely across the web to secure communications between end users and servers. Websites, web applications, online services, portals, and...
View ArticleAdvertising Law
COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed...
View ArticleSenate Energy and Natural Resources Committee Holds Hearing on Grid...
Today, the U.S. Senate Committee on Energy and Natural Resources held a standing-room only hearing titled “Keeping the lights on — Are we doing enough to ensure the reliability and security of the U.S....
View ArticleFederal agencies propose health IT regulatory framework, seek stakeholder...
A little more than five years after the passage of the Health Information Technology Economic and Clinical Health (HITECH) Act, the Food and Drug Administration, Federal Communications Commission and...
View ArticleFTC Announces Settlements with Data Brokers over Alleged FCRA Violations
The Federal Trade Commission recently announced two more settlements with data brokers for alleged violations of the Fair Credit Reporting Act (FCRA). The settlements with Instant Checkmate, Inc.,...
View ArticleAdvertising News & Analysis - April 10, 2014
In this issue: - FTC Updates Energy Labeling Rule - FTC Gives Cole Haan Pinterest Promotion the Boot - Major Class Action Victory for POM Decertifies Previous Class - Upcoming Events - Excerpt from...
View ArticleU.S. District Court Confirms FTC Authority To Regulate Corporate Data...
On April 7, 2014, Judge Esther Salas of the U.S. District Court for the District of New Jersey denied the first ever motion to dismiss filed in Federal court that challenged the authority of the...
View ArticleFinancial Services Law
Court: FTC Can Regulate Payday Lenders Affiliated With Indian Tribes - In what is being hailed by the Federal Trade Commission as a victory for regulators, a federal court judge in Nevada has ruled...
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