Science, Computers & Technology Updates

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EU Data Protection Regulation: Final “Trilogue” Negotiations are off to a Good Start

Following the European Parliament’s adoption of a General Approach to the long-awaited draft Data Protection Regulation (DPR) last month, negotiations over the regulation’s final form have now commenced. These negotiations...more

Healthcare & Life Sciences Private Equity Deal Tracker: Oncobiologics Secures $31 Million in Financing

Oncobiologics, based in Cranbury, N.J., is a biopharmaceutical company focused on developing and commercializing monoclonal antibody biosimilar therapeutics....more

Data Breach Plaintiffs Bag a Win on Standing - Seventh Circuit Finds Against Neiman Marcus

In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more

Federal Circuit Review | July 2015

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

DHS Chemical Facilities Take Note GAO Suggested Need For Enhanced Enforcement

The U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information...more

The Internet of Things and the Inevitable Collision with Products Liability PART 3: Initial Contact

This is the third in a series of blogs examining the rapid development of the Internet of Things (IoT) and its consequential impact on product liability risk. The development of the IoT has been so rapid and the applications...more

Identity Management: Push to Adopt Legislation Heats Up

Businesses and governments are beginning to recognize the critical importance of online identity management, as previously reported, and as a result we are starting to see a strong push for legislation governing this topic....more

California Bill Requiring Mobile, Cloud Search Warrants Advances

On July 14, 2015, the California Electronic Communications Privacy Act (“Cal-ECPA”) unanimously passed the California State Assembly’s public safety committee. The bill would forbid warrantless cellular “stingrays” as well...more

At Last! Canadian Breach Notification Has (Almost) Arrived

June 18, 2015 marks another step forward for a country with already strong privacy laws, with the long-awaited passage of the Digital Privacy Act in Canada. The Digital Privacy Act amends Canada’s existing privacy framework,...more

MPT to Acquire GTCR-Backed Capella; Shows Value Added for PE in Hospital Space

MPT is a Birmingham, Ala.-based self-advised real estate investment trust. Capella is one of the largest for-profit hospital companies in the U.S. Based in Franklin, Tenn., Capella owns and/or operates seven hospitals across...more

Significant Amendments to Connecticut and Nevada Breach Notifications and Data Security Laws

Nevada and Connecticut recently enacted amendments to breach notification and data security requirements that are relatively unique among existing state laws, thus imposing new compliance obligations upon companies doing...more

Facebook Wins First Round of European Class Action Privacy Battle

Facebook has won its latest class action case in a long-running legal battle involving 25,000 European Facebook users. The class action was led by Austrian law student and privacy campaigner Max Schrems, and alleged that...more

One Year After Nautilus: Application of the Reasonable Certainty Standard for Definiteness of Patent Claims

Last year, in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), the Supreme Court established a “reasonable certainty” standard for analyzing the definiteness of patent claims. In the twelve months since...more

Shocking? – Insurers Consider Potential Aggregate Risks from a Power Grid Attack

In the fast-developing cyber insurance marketplace, insurers have closely considered the possible risks and have analyzed the potential aggregation of such risks. While not the only topics of interest to insurers, these two...more

“Everything Old is New Again” – Issues in Recent Cyber Insurance Litigation

Early days still for coverage litigation about cyber risks – whether under cyber insurance policies or other types of policies. This is not surprising given the relatively short history of cyber risks and even shorter history...more

The Wine Institute and Reed Smith Team Up To Fight Illinois False Claims Act Overreach

On July 28, 2015, on behalf of the Wine Institute and its members, Reed Smith filed an action in the Circuit Court of Cook County, Illinois against the Illinois Attorney General (the “Attorney General”) and the Illinois...more

Lack of Privacy Awareness Among Children in Hong Kong

On May 19, 2015, the Office of the Privacy Commissioner for Personal Data (“PCPD”) announced the results of a study conducted in October 2014 that reveal a lack of privacy awareness among children in Hong Kong. The PCPD is...more

Ashley Madison Reveals Even More: Hacking May Be An Inside Job

In recent years, hacking has infiltrated the retail industry. Hacking has infiltrated the healthcare industry. Hacking has infiltrated the sports industry. And now, hacking has now infiltrated the most personal (some would...more

Emerging State Biosimilar Laws – Reference Chart and Five Issues to Watch

As we’ve previously discussed, states have begun to actively regulate the substitution of interchangeable biosimilars before any FDA-approved biosimilar has even hit the market. State biosimilar legislation passed to date...more

Cyber Risk Governance in the Digital Age

It has taken a while for companies to realize the value of digital assets, and it is also taking a while for companies to digest the significance of digital risks. In the digital economy, virtually all aspects of business...more

Orrick Technology IPO Insights - Q2 2015

After a slow start to initial public offerings in the first quarter of 2015, overall IPO activity began to pick up in the second quarter. However, concerns about turmoil in Greece, market declines in China and questions about...more

Retail Tracking Update: Privacy Guidance Following Nomi Technologies

There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy Clarkson tested an innovative new supercar that could quantify your driving...more

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Department of Treasury Seeks Public Feedback on Online Marketplace Lending

On July 20, the Federal Register published the Department of the Treasury’s Request For Information on Expanding Access to Credit Through Online Marketplace Lending (RFI). The RFI seeks public comment on the three specific...more

Higher Education Institutions Increasingly Falling Victim to Cyberattacks

Higher education institutions are treasure troves for hackers. Colleges and universities are huge repositories of research data, sensitive information for large populations of applicants and enrolled students (personal,...more

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