Antitrust & Trade Regulation Science, Computers & Technology Administrative Agency

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FTC Data Security Authority Confirmed, For Now: Wyndham’s Motion to Dismiss Denied

The FTC’s Claim - A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...more

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

Mobile Medical Apps Guidance

Mobile health ("mHealth") application ("app") developers, manufacturers, investors, healthcare providers and others received welcome news late last month when the U.S. Food and Drug Administration ("FDA") published its...more

Has the FTC Met Its Match?

Companies across the Country should be following the Federal Trade Commission’s (“FTC”) civil suit brought against Wyndham Worldwide Corporation and Wyndham Hotels and Resorts, LLC (“Wyndham”) entitled Federal Trade...more

The Sunshine Act: Putting It into Practice – Interview with Karen Lovitch, Member, Mintz Levin [Video]

Attorney Karen Lovitch, Practice Leader of Mintz Levin's Health Law Practice, discusses the challenges facing pharmaceutical and medical device manufacturers in complying with the Sunshine Act....more

With Complaint Against LabMD, FTC Continues to Flex Enforcement Muscle on Data Security

The Federal Trade Commission recently filed another complaint against a company for alleged data security lapses. As readers of this blog know, the FTC has initiated numerous lawsuits against companies in various industries...more

Wyndham Case Challenges FTC’s Authority Over Cybersecurity

Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain...more

FTC’s Authority to Police Data Security Practices Challenged

Hotelier Wyndham Worldwide Corp’s motion to dismiss an FTC lawsuit alleging lax data security practices is likely to have significant implications for the agency’s ability to police cybersecurity practices at American...more

FTC and DOJ Explore Role of Patent Assertion Entities in the Patent Innovation Market

On December 10, 2012, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly presented the “Patent Assertion Entities (PAEs) Activities Workshop.” This publicly-held workshop signaled a recognition by...more

Antitrust Monopolization Considerations in Licensing Cutting-Edge Food Technology Patents

The term pioneer patent is often misapplied with hyperbole and exaggeration. When it comes to the shrimp peeling machine invented by Fernand and James Lapeyre, however, that blockbuster label is spot-on. Their automated...more

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst...more

Patent Wars: EU’s Top Regulator Takes Front Line Position

Essential Patents, FRAND Licensing and Abuse of Market Power There has been a spate of antitrust complaints to the European Commission and other antitrust authorities of late, regarding the licensing of "essential...more

Healthcare Legal News - August 15, 2012 • Volume 2, Number 7

In This Issue: - Recent Cases Deal With Impact Of Termination Of Employed Physicians - Reimbursement News: Happy New Year!: Increase In Payments To Hospital Outpatient Departments and Ambulatory Surgical Centers -...more

NAD Concludes Customer Comments Posted on Pinterest May Be Testimonials Requiring Disclosures

Nutrisystem, Inc., provider of weight loss programs and services, agreed to add disclosures to weight-loss success stories “pinned” to the company’s Pinterest board entitled “Real Consumers. Real Success,” after the National...more

China 20/20: Legal & Regulatory Developments - July 2012

In This Issue: - China to Amend the Internet Information Service Measures - Interpretation of Laws Applicable to Disputes Involving Sale and Purchase Contracts - MOFCOM Conditionally Approves Google’s Purchase...more

Mobile Carrier Billing – At Risk?

Carrier billing is certainly not new to the payments industry, but as digital technologies continue to evolve, companies have increasingly looked to mobile carrier billing to improve the reach and efficiency of digital...more

Eye on Privacy - May 2012

Welcome to the inaugural issue of Eye on Privacy. Privacy and data security may very well be among the most pressing issues facing companies today, especially given the dynamic regulatory landscape. In just the past few...more

China's MOFCOM Grapples With Open Source Issues In Google-Motorola Deal

This past February the US Department of Justice (“DOJ”) and European Commission (“Commission”) cleared Google Inc.’s acquisition of Motorola Mobility Holdings Inc. without any conditions. In contrast, on May 19, 2012 the...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 10, Issue 2 - Spring 2012

In This Issue: Enter at Your Own Risk: FDA Draft Guidance Highlights the Uncertainty in the Abbreviated Biosimilar Approval Pathway; McDonnell Boehnen Hulbert & Berghoff LLP to Exhibit at 2012 BIO International...more

Federal Trade Commission v. Watson Pharmaceuticals, Inc. (11th Cir. 2012)

The practice of "reverse payments" in ANDA litigation (where, typically, the branded drug manufacturer settles litigation brought under 35 U.S.C. § 271(e)(2) with a generic challenger) have been a thorn in the side of the...more

Smart Grid Technology Implicates New Privacy Concerns

The smart grid is an advanced metering infrastructure made up of “smart meters” capable of recording detailed and near-real time data on consumer electricity usage. That data would then be sent to utilities through a...more

App Industry Begins to Regulate Itself on Data Privacy – With Nudge From Government

The data free-for-all that’s been enjoyed by the app industry is over … more or less. No longer should the industry expect to collect and use customer data – so accessible and abundant in smartphones and tablets – without...more

Privacy Policies of Mobile Apps Falling Under Increased Scrutiny by State and Federal Regulators

In recent months, mobile application developers (e.g., Zynga) and mobile platforms (e.g., Apple’s iTunes) have faced increasing scrutiny in connection with their privacy practices, primarily with respect to transparency....more

Consumer Privacy - Thoughts on the Obama Administration's New "Bill of Rights"

The Obama Administration’s release last month of a framework for protecting online privacy ranks among the most significant efforts to address privacy concerns in the short history of the information age. ...more

"Privacy Update: An Overview of Legislative, Regulatory and Technology Developments in the Privacy Sector"

White House Releases Framework for Data Privacy On February 23, 2012, the White House released its much-anticipated report on data privacy. The report, entitled Consumer Data Privacy in a Networked World: A Framework...more

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