Diane Duhaime

Diane Duhaime

Carlton Fields Jorden Burt

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Is a “YourBrand.sucks” Domain Name Worth $2,500 per Year?

The sunrise period for "dot sucks," the new generic top level domain (gTLD), opened on March 30, 2015 and ends on June 19, 2015. During the sunrise period, the suggested retail price per .sucks domain name registration is...more

6/25/2015 - Domain Names FTC gTLD ICANN Intellectual Property Protection Trademark Clearinghouse Vox Populi Websites

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more

4/10/2015

Is It Too Soon to File for Trademark Registration?

News headlines abound concerning the potential for normalizing trade relations with Cuba. U.S. companies that are likely to do business in Cuba, if and when trade restrictions are fully lifted, should take steps now to...more

4/9/2015 - Cuba First-to-File Popular Registration Trade Relations Trademarks

Financial and Merchant Industries Group and Obama Administration to Address Privacy Concerns

On behalf of its 19 participating trade association members from the merchant and financial services industries, the Merchant Financial Cyber Partnership (MFCP) announced "8 Next Steps" to protect customers and their...more

4/9/2015 - Cybersecurity Financial Institutions Hospitality Industry Restaurant Industry Retailers Trade Associations

Banks Take Notice: The Sunrise Period for .bank Registrations is Coming Soon

The sunrise period for .bank is currently scheduled to take place between May 18 and June 16, 2015. Only trademark holders who have obtained verification of their bank’s trademarks with the Trademark Clearinghouse (TMCH) may...more

4/9/2015 - Domain Names ICANN Popular Sunrise Periods Trademarks

A Modern Game of Hide and Go Seek? Some Lessons Learned Following Sony and Other Widely-Publicized Data Breaches

While the recent hack of Sony was prominent news because of the celebrity ties and potential geo-political implications, other prominent cyber-attacks over the last few months are enough to give any company pause. The January...more

4/9/2015 - Anthem Blue Cross CFAA Cyber Attacks Data Breach DMCA ECPA Sony Stored Communications Act Young Lawyers

Is Your Company Ready to Comply with Encryption of Individually Identifiable Health Information?

New Jersey’s new data privacy standard, signed into law as S. 562 by Gov. Chris Christie on January 9, requires health insurance carriers that are authorized to issue health benefit plans in New Jersey to protect individually...more

4/1/2015 - Chris Christie Data Protection Encryption Health Insurance HIPAA Insurers New Legislation PHI

State Insurance Regulators Target Insurers' Responses to Cyber-Attacks

Cyber-attacks are becoming increasingly common and destructive, with the recent incidents involving Sony and Anthem Blue Cross Blue Shield serving as cautionary tales. As a result, state insurance regulators are focusing on...more

2/13/2015 - Anthem Blue Cross Cyber Attacks Cybersecurity Insurance Companies Insurance Industry NYDFS Sony State Regulators

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

Considering the Impact of Driverless Cars

Driverless cars, also called autonomous cars, auto-pilot cars, robo-cars, automated cars, connected cars, self-driving cars, or driver-free cars, can navigate and sense the surrounding environment without human input during...more

1/8/2015 - Auto Insurance Auto Manufacturers Automotive Industry Data Protection Driver's Licenses Driverless Cars Law Enforcement Liability Privacy Concerns Self-Driving Cars Trucking Industry V2V

Did We Designate a DMCA Agent for Our Website Yet?

Under the Digital Millennium Copyright Act (DMCA), a "service provider" (as defined by the DMCA) has a safe harbor against liability for copyright infringement if, inter alia, the service provider has designated a DMCA agent...more

10/3/2014 - Copyright Copyright Office DMCA Websites

Standard CGL Policy Form Adds Data Breach Coverage Exclusion

As of May 1, 2014, Insurance Services Office, Inc. (ISO) requires a data breach liability exclusion endorsement to its standard commercial general liability (CGL) policy form. The endorsement is titled "EXCLUSION - ACCESS OR...more

9/26/2014

Connecticut Court Declines To Open New Door To Coverage In Data Breach Cases

Massive data breaches, now commonplace, often prompt alarm. But the danger they represent — unauthorized use of confidential information — does not always follow straightforwardly. ...more

5/9/2014 - Commercial General Liability Policies Confidential Information Data Breach Employee Rights Employer Liability Issues IBM Privacy Laws

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more

3/31/2014

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