Joanna Simon

Joanna Simon

Morrison & Foerster LLP

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Huerta v. Pirker—NTSB Says No More “Gray Area” for Drone Operations

Unmanned aircraft systems (UAS) have operated within an uncertain legal framework while players across a rapidly growing range of commercial industries — from energy to rail transport to forestry to all types of...more

11/21/2014 - Aircraft Commercial Use Drones FAA NTSB Unmanned Aircraft Systems

Drones: Why You Should Start Thinking Now About the Anticipated UAS Regulations

With drone technology rapidly advancing and the FAA recently starting to open the door to commercial drone use, companies across industries should begin evaluating how drones can add value to their businesses, if they have...more

10/24/2014 - Commercial Use Drones FAA NPRM Unmanned Aircraft Systems

Drones: The FAA Grants Hollywood the First Regulatory Exemptions Permitting the Commercial Use of UAS

Yesterday the Federal Aviation Administration (FAA) granted six aerial photo and video companies exemptions from FAA regulations that—before now—wholesale banned the use of unmanned aircraft systems (UAS) for commercial...more

10/1/2014 - Commercial Use Drones Entertainment Industry FAA Movies Unmanned Aircraft Systems

Socially Aware - Volume 5, Issue 5 - August 2014

In This Issue: - Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping - Google Glass Into Europe: A Small Step or a Giant Leap? - Drugs and the Internet: FDA Distributes New...more

8/19/2014 - ABC v Aereo Accessibility Rules Computer Fraud and Abuse Act DMCA EU FDA Google Glass Prescription Drugs Social Networks Web Scraping Website Accessibility

Drones: When, Why, and How Will the FAA Investigate Unauthorized UAS Use?

On July 15, 2014, the Federal Aviation Administration (FAA) published its latest National Policy Notice concerning drones, titled “Education, Compliance, and Enforcement of Unauthorized Unmanned Aircraft Systems Operators.”...more

7/30/2014 - Airspace Aviation Industry Drones FAA Final Guidance Investigations unmann

Drugs and the Internet: draft guidance on social media platforms and prescription drugs

The Food and Drug Administration (FDA) recently promulgated two much-anticipated draft guidance documents on the use of social media to present information about prescription drugs and medical devices. The draft guidance...more

7/25/2014 - Draft Guidance FDA FDCA Medical Devices Prescription Drugs Social Media

Drugs and the Internet: FDA Distributes New Draft Guidance Regarding Social Media Platforms and Prescription Drugs

Last week the Food and Drug Administration (FDA) promulgated two much-anticipated draft guidance documents on using social media to present information about prescription drugs and medical devices. The draft guidance...more

6/26/2014 - Advertising FDA Marketing Prescription Drugs Social Media

Drones: Hollywood’s Requests for Regulatory Exemptions from the FAA Could Get UAS for Commercial Use Off the Ground

The lack of certainty regarding the use and regulation of unmanned aircraft systems (UAS) is prompting companies to seek creative ways to get their drones off the ground. This week, seven aerial photo and video production...more

6/5/2014 - Drones Entertainment Industry Exemptions FAA Oil & Gas Regulatory Standards Utilities Sector

Drones: A Bird’s-Eye View of the (Non-Privacy) Legal Landscape for UAS

A recent near midair collision between U.S. Airways Flight 4650, a CRJ-200 jet with a 50- passenger capacity, and a drone has (deservedly) sparked a flurry of commentary regarding safe drone operation. This near miss, which...more

5/21/2014 - Aircraft Airlines Aviation Industry Drones FAA Unmanned Aircraft Systems

Unruly Passengers Beware: ICAO Delivers Montreal Protocol 2014 to Enhance Enforcement Measures Against Unruly Passengers

This month the International Civil Aviation Organization (ICAO) officially adopted a Protocol to amend the Tokyo Convention on offenses committed on aircrafts. The culmination of a four-year effort to modernize the Tokyo...more

4/30/2014 - Airline Passengers Aviation Industry ICAO

Ventress III Provides Another Tool for Airlines: Ninth Circuit Says Federal Aviation Act Preempts Pilot’s State Law Employment...

On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more

4/1/2014 - Airline Employees Airlines Federal Aviation Act Preemption Retaliation

Narayanan v. British Airways: Ninth Circuit Says the Montreal Convention’s Statute of Limitations May Begin to Run Before Claim...

On March 19, 2014, the Ninth Circuit issued its ruling in Narayanan v. British Airways, No. 11-55870 (9th Cir. 2014), holding that the two-year statute of limitations set forth in Article 35(1) of the Montreal Convention...more

3/25/2014 - Aircraft Montreal Convention Statute of Limitations Tolling

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

1/29/2014 - Air Wisconsin v. Hoeper ATSA Defamation First Amendment Free Speech SCOTUS Transportation Security Administration

A victory for generics suppliers

In late June the Supreme Court issued its ruling in the much-anticipated Mutual Pharms. Co. v. Bartlett, No. 12-142 (on appeal from the First Circuit Bartlett v. Mutual Pharms. Co., 678 F.3d 30 (1st Cir. 2012)). As we...more

8/7/2013 - DNA Drug Manufacturers Genetic Materials Human Genes Pharmaceutical

Mutual v. Bartlett Further Shields Generic Drug Manufacturers from Liability

Yesterday, the Supreme Court issued its ruling in the much-anticipated Mutual Pharms. Co. v. Bartlett, No. 12-142 (on appeal from the First Circuit Bartlett v. Mutual Pharms. Co., 678 F.3d 30 (1st Cir. 2012)). As we...more

6/25/2013 - Design Defects Generic Drugs Mutual Pharmaceuticals v Bartlett Preemption Prescription Drugs SCOTUS Warning Labels

ATSA Immunity: Supreme Court Grants Cert to Decide Bounds for Applying Immunity Under the Aviation Transportation Security Act

The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more

6/19/2013 - Airlines ATSA Certiorari Defamation Immunity SCOTUS Transportation Security Administration

Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA...

Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the...more

5/16/2013 - Abbott Laboratories Dear Doctor Letters Drug Manufacturers Failure To Warn FDA Pharmaceutical Prescription Drugs

Breaking Down The Bartlett Oral Argument

The U.S. Supreme Court has heard oral argument in the much-anticipated Mutual Pharmaceuticals v. Bartlett case, No. 12-142 (on appeal from the First Circuit Bartlett v. Mutual Pharms. Co., 678 F.3d 30 (1st Cir. 2012)). The...more

4/5/2013 - Design Defects FDA Generic Drugs Manufacturers Preemption SCOTUS Warning Labels

Howard v. Zimmer: Negligence Per Se Based on Violations of the FDCA—Blurring the Line Between Parallel Claims and Preemption

Last week in Howard v. Zimmer, — P.3d —, 2013 WL 1130759 (Okla. 2013), the Oklahoma Supreme Court held that a plaintiff can assert a negligence per se claim against a medical device manufacturer based on the manufacturer’s...more

3/28/2013 - FDCA Medical Devices Negligence Per Se Parallel Claims Preemption

Driving on Both Sides of the Road: Supreme Court Hears Bartlett Oral Argument

The Supreme Court heard oral argument yesterday in the much-anticipated Mutual Pharmaceuticals v. Bartlett case, No. 12-142 (on appeal from the First Circuit Bartlett v. Mutual Pharms. Co., 678 F.3d 30 (1st Cir. 2012)). The...more

3/21/2013 - Design Defects Generic Drugs Manufacturers Mutual Pharmaceuticals v Bartlett Preemption SCOTUS

Stengel Tangles MDA Preemption: Ninth Circuit Decision Creates Split on Buckman Preemption of Post-Market Reporting Requirements

Last week the Ninth Circuit created a new state-law cause of action against medical device manufacturers: “failure to warn the FDA.” The en banc opinion in Stengel v. Medtronic Inc., __ F.3d __, 2013 WL 106144, 13 C.D.O.S....more

1/15/2013 - Drug Manufacturers FDA FDCA Generic Drugs Manufacturers Medical Device Amendments Medical Devices Medtronics Mensing Preemption

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