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Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's...more

Skirmishes Along The Cyber Coverage Frontier: Hotel Monteleone And Lloyd’s Of London Fight Over PCI-Related Losses After Data...

While the market for specialty cyber insurance policies has heated up considerably over the past few years, a good deal of uncertainty still affects the market as the scope of these newly-minted policy provisions remains...more

Intellectual Property 2015 Year In Review

Introduction - As discussed in greater detail below, there were a number of notable developments in intellectual property law in 2015. Patent eligibility challenges to the validity of software, business methods, and...more

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

Mainbrace: January 2016 No. 1

2015 was an interesting year for the shipping industry. The dry bulk market had a very challenging 2015, with the Baltic Dry Index hitting new all-time lows. Based on various reports, the outlook for 2016 is not very...more

Not Just Heads In Beds – Cybersecurity for Hotel Owners

The basics of the hotel business have traditionally been simple: good location, fair prices, appropriate amenities and good service were the keys to success. While those factors are important today, hotels are no longer...more

Defendants Summary Judgment Motion in In re Cathode Ray Tube Antitrust Litigation May Illuminate Policy Justifications Behind...

Earlier this month, defendants in the In re Cathode Ray Tube Antitrust Litigation moved to challenge the standing of major retailers to pursue damages claims under the Supreme Court’s 1977 Illinois Brick decision. LG...more

Potential Havoc at the PTAB - The US Supreme Court granted certiorari on issues that could wreak havoc with pending patent cases

Last Friday, the Supreme Court of the United States (SCOTUS) granted certiorari to consider two hotly contested issues that may have a very strong impact on inter partes reviews (IPR)[1] at the Patent Trial and Appeal Board...more

Chancery Defers to Indian Corporation's Delaware Choice of Venue

In the absence of a prior-filed action in another forum, Delaware state courts will respect a plaintiff's Delaware choice of forum when faced with a forum non conveniens defense, except in the "rare case" where a defendant...more

Food Litigation Newsletter

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Court Rejects Class Settlement Bid in MSG Case...more

Bare Allegations of Customer Indemnification Not Enough for CBM Standing - Acxiom Corp. v. Phoenix Licensing, LLC

In a decision denying institution on a covered business method (CBM) review petition, the Patent Trial and Appeal Board (PTAB or Board) declined to institute a proceeding, finding that the petitioner lacked of standing. The...more

Neiman Marcus requests dismissal of data breach case (again)

We have previously reported on the ongoing litigation between Neiman Marcus and class action plaintiffs as a result of the data breach during the holidays in 2013. The breach involved the credit card information of up to...more

Second Bite at the Apple in AT&T Aftermarket Case?

On December 14, 2015 Judge Yvonne Gonzalez Rogers heard oral argument on a motion to dismiss filed by Apple in an antitrust action brought against the company in connection with its 2007 deal to sell iPhones exclusively to...more

Intellectual Property Law - December 2015

Down the Rabbit Hole: Trends in Software Patent Court Decisions Post-Alice - Why it matters: In Alice Corp. v. CLS Bank, the U.S. Supreme Court held that claims for a computer-based software method for reducing...more

Ericsson And Apple Settle Patent Disputes

Ericsson and Apple reportedly have settled the patent disputes between them, including those involving standard essential patents that were pending in district courts in California and Texas as well as in the U.S....more

Engineers Beware!! California Courts Have Held Engineers Owe A Duty Of Care And Are Liable to Contractors For Plans And...

In a detailed explanation of an Engineer’s duties and responsibilities, the United States District Court for the Northern District of California held that an engineer that prepares plans and specifications relied upon by...more

Amgen v Apotex - 180-Day Advance Notice of Biosimilar Marketing is Mandatory

The Federal Circuit in July said in its Amgen-Sandoz decision that declining to share information under the biosimilars pathway “patent dance” made the 180-day advance-notice provision mandatory; however, it left open the...more

States Have Jurisdiction Over ISP-Bound Traffic Says 3rd Circuit

On November 25, the Third Circuit held that states have jurisdiction over Internet Service Provider (ISP) bound traffic exchanged between two competing local exchange carriers (CLECs). In 2008, Core billed AT&T for...more

Business Litigation Report - November 2015

Deciding Who Decides Questions of Arbitrability: A Survey of American Law and a Comparative Perspective - Parties to commercial disputes frequently encounter and litigate the threshold issue whether their dispute is...more

Novartis Pharmaceuticals Settles $390MM FCA Allegations

Drugmaker Novartis Pharmaceuticals has agreed in principle to pay $390MM (including $20MM in civil forfeitures) to the Department of Justice. This payment, in addition to modification and an extension of Novartis’s existing...more

Why Every Data Breach Response Plan Should Involve Outside Counsel

The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more

November 2015: Insurance Litigation Update

Recent Cases Highlight Need for, and Potential Limitations of, Cyber Insurance Policies. Although the July 2015 hack of the Ashley Madison adultery-oriented online dating service has brought issues regarding the protection of...more

Microsoft Defeats Wage Suppression Class Action On Statute Of Limitations Grounds

Two former employees sued Microsoft Corporation (“Microsoft”) in a class action, alleging that it unlawfully suppressed their wages by entering into multiple employee non-solicitation agreements with its competitors. The case...more

FTC Asserts That Its Failure to Object to a “Reverse Payment” Settlement Should Not Be Interpreted as Approval

On November 17, 2015, the FTC submitted an amicus brief to the Third Circuit Court of Appeals in In re Effexor XR Antitrust Litigation, where the district court had dismissed the plaintiffs’ claims of antitrust violations...more

Rehearing En Banc Granted in The Medicines Company v. Hospira, Inc.

Will The "No Supplier Exception" to the On-Sale Bar Fall? On November 13, 2015, the Federal Circuit granted a petition for rehearing en banc filed in The Medicines Company v. Hospira, Inc. As we previously reported, the...more

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