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No Prescription For Consumer Protection

Allowing plaintiffs to pursue claims under consumer protection statutes in prescription medical product liability litigation is trying to pound a square peg into a ham sandwich. It doesn’t fit, and the combination isn’t very...more

PIPEDA Amendments In-Force

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

Nevada Expands PI Definition under Data Breach Law

Becomes the fifth state to amend its data breach statute since January 2015 The definition of “personal information” (“PI”) just got a little bit bigger in the Silver State. On May 13, Nevada Governor Brian Sandoval signed...more

House Passes the National Cybersecurity Protection Advancement Act

Following Wednesday’s approval of the Protecting Cyber Networks Act (H.R.1560) (“PCNA”), the House of Representatives passed the National Cybersecurity Protection Advancement Act (H.R. 1731) (“NCPAA”) on Thursday, a move...more

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

OCIE Cybersecurity Risk Alert: Keep Your Data Close and Your Third-Party Providers Closer

On February 3, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert that summarizes the OCIE’s observations from its recent examinations of registered...more

Generic Drug Manufacturers to Face Failure-to-Warn Claims in California

On January 20, 2015, the Supreme Court declined to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers. Teva Pharms. USA Inc. v. Super. Ct., No. 13-956, 2015 WL 231967 (U.S. Jan. 20,...more

So You Think You Have a Contract? Website Terms and Unconscionability

We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more

Patchwork quilt of state laws used to combat revenge porn

In recent weeks, a Texas woman — formerly the object of unwanted prurient online attention — made national headlines when she sued Facebook for the staggering sum of $123 million for the social media giant’s role in hosting...more

Outlook 2014: Untruthful posts to consumer review websites could result in lawsuits

Q. Are customer comments posted on consumer review websites protected speech under the First Amendment or are individuals who post opinions potentially subjecting themselves to a libel lawsuit? A. While the First...more

Who Is at Fault When a Driverless Car Is in an Accident?

One author's view on how to determine the answer that may surprise you....more

Advertising Law - Feb 28, 2014

9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit - The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more

Lance v. Wyeth: A New Cause of Action in Pennsylvania?

Issuing an opinion over two years after oral argument, the Pennsylvania Supreme Court ruled last week in Lance v. Wyeth that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs....more

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

Privacy Changes Coming to China

Originally published in Privacy & Security Law on 03/18/2013. There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific...more

Fourth Circuit Affirms CDA Immunity For Consumer Review Website

In December, citing the Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), the Fourth Circuit upheld dismissal of defamation and related claims against a consumer review website featuring consumer posts regarding an...more

Paul vs. Providence Health System-Oregon

Appellants' Opening Brief Oregon Court of Appeals

Providence Health System's employee took unencrypted computerized medical records on some 350,000 patients to his home left them overnight in a car. A car prowler stole the tapes. Oregon patients filed a class action...more

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