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Telematics and Usage-Based Insurance: Benefits, Challenges, and the Future

The NAIC’s Center for Insurance Policy and Research (CIPR) released a white paper in March 2015 providing an excellent overview of the brave new world of automobile “telematics” data and their use in premium rate-making by...more

NAIC Update – Spring 2015

The National Association of Insurance Commissioners (NAIC) held its first national meeting for 2015 in Phoenix, Arizona, from March 26 through March 31. Noteworthy new initiatives include cybersecurity, price optimization and...more

Regulators Examining Cybersecurity Policies and Practices for the Insurance Industry

Shortly after the discovery of a cybersecurity breach at the health insurance company Anthem, Inc., the National Association of Insurance Commissioners (NAIC) called for a multi-state examination of Anthem’s cybersecurity...more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

SEC Rules Expand Access to Capital via Larger Private Offerings (Regulation A+)

On March 25, 2015, the Securities and Exchange Commission (“SEC”) issued new rules that will enable private companies to raise as much as $50 million in a 12-month period through private offerings of securities exempt from...more

IBM sentenced to pay 6.5 million as contractual damages

In a recent and long-awaited decision, the Bordeaux Court of Appeal concluded a dispute concerning key issues for system integration projects and provided a reminder that the amendments to a contract should be accurate and...more

Cardinal Health Agrees to Settle Monopolization Claims

The Federal Trade Commission ("FTC") announced on April 20, 2015 that it had entered into a stipulated consent order ("Order") with Cardinal Health, Inc. ("Cardinal"). The Order, which is pending court approval, requires...more

NY Department of Financial Services: Check Your Vendors’ Cybersecurity

According to a recent report released by the New York Department of Financial Services (NYDFS), the financial industry has a long way to go in overseeing the cybersecurity capabilities of outside vendors who carry out...more

District Court Dismisses All Claims Against Warner Chilcott and Mayne Pharmaceuticals in “Product Hopping” Case

The United States District Court for the Eastern District of Pennsylvania handed Warner Chilcott PLC and Mayne Pharmaceuticals (Defendants) a victory on Thursday April 16, 2015 in the Doryx “product hopping” case. ...more

New US sanctions program to combat cybercrimes: 3 action steps for tech companies

The new sanctions in President Barack Obama’s Executive Order 13694 of April 1, 2015, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities,” target individuals and...more

Corporate: Negotiating Strategies for the Sale of Technology Companies

The number of mergers and acquisitions of private technology companies continue to increase. Established companies often have inadequate in-house development resources, a large pile of cash, and a need to prove to their...more

First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea

In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to...more

Are eFax services taxable telecommunications services in Massachusetts?

While Massachusetts’ expansion of its sales tax to include computer-related services was repealed within three months of its enactment, the Massachusetts Department of Revenue continues to take a close look at sales treated...more

The Arizona Data Breach Law

Almost all U.S states have laws about data security and what to do when there’s a data breach. Here is what’s in the Arizona law. Who The Law Applies To. The law applies to anyone who conducts business in Arizona and...more

Target settles with MasterCard for $19M for data breach losses

Target Corp. announced yesterday that it has settled the claims of MasterCard International Inc. (MasterCard) against it to reimburse MasterCard and its card issuers for the losses it sustained in issuing new credit and debit...more

Uniform Law Commission Study Committee to Host a Stakeholder’s Meeting on April 23

In December 2014, the Study Committee of the Uniform Law Commission (ULC) recommended to the ULC to convene a Drafting Committee to draft uniform state legislation concerning alternative currencies and mobile payment systems....more

Structure your start-up for fundraising success - Part One

If you’ve determined that your new venture is going to require outside investment, there are a number of things you can do to make your company more attractive to investors... 1. Keep it simple! There are any number...more

Five Steps To Data Breach Coverage For Card Issuer Liability

Target’s $19 million settlement with MasterCard underscores very significant sources of potential exposure that often follow a data breach incident. In the wake of any significant breach involving payment cards, such as the...more

ITC Section 337 Update - April 2015

Motorola’s Appeal To Ninth Circuit Of A Jury Determination That Motorola Breached Its FRAND Obligation – In a case involving the first time a federal district court judge determined a FRAND royalty rate for standard essential...more

Five Things to Know about New Jersey’s Taxation of Convertible Virtual Currency

On March 10, 2015, the New Jersey Division of Taxation issued Technical Advisory Memorandum TAM-2015-1, explaining its policy regarding convertible virtual currency. - The IRS has held that convertible virtual currency...more

Beacons at Retail – So What?

Beacons have been around for years in online and mobile media channels, but they now seem poised to dramatically impact brick-and-mortar businesses. A growing list of major companies are currently vying to bring...more

$1.1 Million Judgment Offers Email Marketers Insight into Canada's Anti-Spam Law

Email marketers had mixed reactions to the Canadian Radio-television and Telecommunications Commission's (CRTC) recent announcement of a $1.1 million judgment against a Quebec company for violations of Canada's new Anti-Spam...more

PCI Published New Security Standards for Payment Card Vendors

The Payment Card Industry Security Standards Council (PCI SSC) recently published updated PCI Card Production Security Requirements. Version 1.1 of the standards include new logical and physical security standards to protect...more

Cloudy Days….Where Next for Outsourcing?

In recent times, we have seen an increasing number of deals where the required services have been delivered from the cloud, i.e., from remotely hosted solutions, usually (albeit not always) offered on a “one to many” basis...more

Washington Amends its State Data Breach Notification Law

On April 13, the Washington State Senate unanimously passed an amendment to the state’s data breach notification law. The amendment, which was requested by Washington Attorney General Bob Ferguson, and which we discussed in...more

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