Daren M. Orzechowski

Daren M. Orzechowski

White & Case LLP

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House Committee Advances Patent Reforms Aimed to Curb Patent Litigation Abuses

On June 11, 2015, the House Judiciary Committee voted 24-8 to approve the Innovation Act of 2015, a bill aimed to curb abusive litigation by so-called patent trolls. "Today in this committee, we are taking a pivotal step...more

7/14/2015 - Claim Construction Innovation Act Legislative Committees Litigation Fees & Costs Patent Infringement Patent Reform Patent Trolls Patents Pleading Standards Prevailing Party U.S. House

Cyber risk: Why cyber security is important - We live in an increasingly networked world, from personal banking to government...

Cyber risk is now firmly at the top of the international agenda as high-profile breaches raise fears that hack attacks and other security failures could endanger the global economy. The Global Risks 2015 report,...more

7/8/2015 - Barack Obama Computer Servers Cyber Crimes Cybersecurity Data Breach EU Internet of Things m2m Networks NIST Popular Risk Management Security Risk Assessments UK

House Passes Cyber Sharing Bills and Congress is Focusing on Data Protection

On Wednesday, April 22, 2015, the U.S. House of Representatives passed the Protecting Cyber Networks Act ("PCNA"), which would give companies certain liability protection against potential lawsuits when sharing cyber threat...more

6/9/2015 - Cyber Attacks Cybersecurity Data Protection DHS Information Sharing NSA Pending Legislation Surveillance

President Obama Issues Executive Order on Cybersecurity Information Sharing

On February 13, 2015, President Barack Obama signed an executive order entitled "Promoting Private Sector Cybersecurity Information Sharing" (the "Executive Order") to foster cybersecurity threat information sharing within...more

3/10/2015 - Barack Obama Critical Infrastructure Sectors Cybersecurity Executive Orders Information Sharing ISAOs NCCIC Private Sector

Developments in Privacy and Cybersecurity Legislation

On January 13, 2015, the Obama Administration presented to Congress an updated legislative proposal to improve American cybersecurity and data privacy protection....more

2/27/2015 - CFAA Cybersecurity Data Protection Federal Breach Notification Standard Obama Administration Proposed Legislation RICO

SDNY Clarifies Scope of Contractual Exclusions of Consequential Damages Under New York Law

On December 15, 2014, the United States District Court for the Southern District of New York ruled in PNC Bank v. Wolters Kluwer Financial Services that defendant Wolters Kluwer Financial Services ("WKFS") was not liable for...more

1/16/2015 - Breach of Contract Consequential Damages IP License PNC Software

California Passes Student Data Privacy Law

On September 29, 2014, California Governor Jerry Brown, signed a bill into law that mandates the protection of the personal data of school children that use online educational programs. The Student Online Personal Information...more

10/23/2014 - For Profit Education Internet Privacy Jerry Brown Mobile Privacy New Legislation SOPIPA Students

Supreme Court Rules Abstract Ideas Implemented on Computer Not Patent-Eligible

On June 19, 2014, the U.S. Supreme Court unanimously ruled in the case of Alice Corporation v. CLS Bank International that patent claims for managing risk in financial transactions disclosed an abstract idea and were thus not...more

7/29/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

California Attorney General Issues Privacy Policy Guide

On May 21, 2014, California's Attorney General Kamala D. Harris issued the "Making Your Privacy Practices Public" guide (the "Guide") to provide businesses with guidance on creating more transparent privacy policies that...more

6/16/2014 - CalOPPA Data Protection Disclosure Requirements Do Not Track Internet Kamala Harris Privacy Laws Privacy Policy Websites

Biotronik A.G. v. Conor Medsystems: Be Sure to Expressly Exclude Lost Profits in Drafting New York Law Contracts

On March 27, 2014, the New York Court of Appeals held that a provision excluding both parties' liability for consequential damages would not preclude recovery of lost profits that the court found were the direct and probable...more

5/8/2014 - Appeals Breach of Contract Corporate Liability Lost Profits Sales & Distribution Agreements

Intent-to-Use Trademark Applications and Security Agreements

In financing transactions, such as loans or securitizations, the lender who provides the financing will typically take a security interest over the assets pledged as collateral against the borrower's compliance with its...more

3/25/2014 - Borrowers Collateral Intent-to-Use Loans Trademarks

California's Shine the Light Law: A Heightened Pleading Requirement

In three nearly-identical unpublished opinions, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of three separate class actions brought under California's Shine the Light Law.1 The Ninth...more

3/13/2014 - Pleading Standards Shine the Light Law

Do Not Forget to Lock the Backdoor: Adopting a Holistic Approach to Cybersecurity

While cybersecurity has traditionally focused on blocking attacks from the outside through perimeter defenses (e.g., firewalls, intrusion detection, penetration testing), unfolding facts concerning the recent Target data...more

2/28/2014 - Cybersecurity Data Breach Data Protection Encryption Network Security Target Vendors

Know Your Subcontractors: Recent FTC Settlement Highlights the Importance of Validating Subcontractor Data Protection Practices

The Federal Trade Commission ("FTC") voted 4-0 on Friday, January 31, 2014 in favor of a settlement with GMR Transcription Services, Inc. ("GMR") and two of its executives in connection with the leakage of sensitive medical...more

2/12/2014 - Data Protection Due Diligence FTC HIPAA Internet Subcontractors

FTC Settles U.S.-E.U. Safe Harbor Complaints Against Twelve Companies

On January 21, 2014, the Federal Trade Commission ("FTC") announced agreements ("Settlements") with twelve companies to settle the FTC’s claims that each of the companies had falsely represented that they were in compliance...more

2/6/2014 - Enforcement Actions FTC Mobile Apps Safe Harbors Telecommunications

Federal Judge Rules NSA Data Collection Program Is Likely Unconstitutional

On December 16, 2013, a federal judge for the District of Columbia issued an injunction prohibiting the U.S. government from collecting telephonic metadata as part of a National Security Agency ("NSA") surveillance program....more

12/26/2013 - Data Collection Foreign Intelligence Surveillance Act Fourth Amendment Injunctions NSA Right to Privacy Surveillance Telecommunications

"Perfecting" Security Interests in United States Patents, Trademarks and Copyrights

Many financing transactions, such as loans or securitizations, involve businesses that are focused on or have some material amount of intellectual property ("IP"). We often receive questions about the IP security interest...more

12/19/2013 - Copyright Patents Perfected Security Interest Trademarks

FTC Denies Application for Proposed Social Network-Based COPPA Consent Verification

On November 13, 2013, the FTC announced that it had denied AssertID Inc.'s ("AssertID") application for approval of a social network-based method of obtaining verifiable parental consent under the amended Children's Online...more

11/26/2013 - COPPA FTC Parental Consent Privacy Laws Social Networks

Securing Patent Value for Israeli Medical Technology Companies

Israel is a leader in medical technology and life sciences innovation. Though the life sciences industry in Israel is young, it is growing fast: in the last 15 years the industry has expanded from just over 180 life sciences...more

8/7/2013 - America Invents Act Medical Devices Patent Applications Patent Infringement Patent Litigation Patent Reform Patents

Federal Legislation Introduced Regarding Mobile Application Privacy

On May 9, 2013, Georgia Congressman Hank Johnson introduced the Application Privacy, Protection and Security Act of 2013 (the "Apps Act"), a bill "[t]o provide for greater transparency in and user control over the treatment...more

5/15/2013 - App Developers APPS Act Data Protection FTC Mobile Apps Mobile Privacy

FTC Announces Settlement with Social Networking App and Issues Staff Report Regarding Mobile Device Privacy Disclosures

On February 1, 2013, the Federal Trade Commission ("FTC") announced an agreement with social network mobile application ("app") operator Path, Inc. ("Path") to settle the FTC's claims that Path collected personal information...more

3/6/2013 - COPPA Data Protection FTC Mobile Apps Path Inc. Personally Identifiable Information Settlement Social Media

President Obama Issues New Executive Order on Improving Cybersecurity

On February 12, 2013, President Obama signed an executive order for "Improving Critical Infrastructure Cybersecurity" (the "Executive Order"). The Executive Order seeks to promote information sharing between the government...more

2/18/2013 - Barack Obama CISPA Critical Infrastructure Sectors Cybersecurity Executive Orders Information Sharing Infrastructure NIST Presidential Directives Voluntary Standards

New HIPAA Rule Imposes Data Security and Privacy Obligations Directly Upon Vendors and Contractors of Covered Entities

On January 25, 2013, the Department of Health and Human Services ("HHS") published the Final Rule to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")'s Data Security and Privacy Rules. The Final Rule...more

2/11/2013 - Business Associates Compliance Covered Entities Data Protection HHS HIPAA HIPAA Omnibus Rule HITECH Marketing PHI Privacy Rule Subcontractors Vendors

U.S. Department of Health and Human Services Announces First HIPAA Breach Settlement Involving Fewer than 500 Patients

On January 2, 2013, the U.S. Department of Health and Human Services ("HHS") settled its first case involving the unauthorized disclosure of the electronic protected health information ("ePHI") of fewer than 500 individuals....more

1/21/2013 - Data Breach Data Protection HHS HIPAA HONI Mobile Devices OCR PHI Settlement

Amendments to the Economic Espionage Act Broaden Trade Secret Protection

Protecting and enforcing trade secrets in the United States has historically been challenging. Recent amendments to the Economic Espionage Act of 1996 (the "EEA"), which criminalizes theft of trade secrets, broaden the scope...more

1/21/2013 - Attorney Generals Economic Espionage Act Misappropriation Theft Trade Secrets

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