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Data Breach Notification In the EU: A Comparison of US and Soon-To-Be EU Law

In the United States Congress has repeatedly attempted, but failed, to agree on federal data breach notification legislation. As a result, there is no single federal statute that imposes a breach notification obligation on...more

UK announces intention to ratify the Unified Patent Court Agreement

The UK Government yesterday announced that its plans to ratify the Unified Patent Court Agreement (“UPCA”) will not be derailed by Brexit. The UK Minister of State for Intellectual Property, Baroness Neville Rolfe, made the...more

Recent Developments on Review of Foreign Investment into Germany: Is the German Government Tightening the Rules?

A brief orientation on the German foreign investment approval procedure - Highlights - - For the first time ever the German Federal Ministry for Economic Affairs and Energy has withdrawn an already granted...more

Brexit and Supplemental Protection Certificates: Hope for the Best but Plan for the Worst

On June 23, 2016, the United Kingdom voted through a national referendum to exit the European Union after more than 40 years of membership. One of the key arguments in favor of the so-called “Brexit” was to return full...more

U.S. Biosimilars Pathway Under Trump

This week’s election of Donald Trump as the next President of the United States undoubtedly impacts many sectors of the American economy, and the bio/pharmaceutical industry is no exception. Two of Trump’s stated policies...more

UK to implement GDPR regardless of Brexit

The UK government has confirmed that it will implement the EU General Data Protection Regulation, notwithstanding the UK's decision to leave the EU. This announcement confirms that UK businesses will need to become GDPR...more

Trump Administration Likely to Support EU-U.S. Data Transfer Pact, Attorneys Say

Timothy Toohey was quoted November 10, 2016 by Bloomberg BNA Privacy Law Watch discussing the implications of a Trump presidency on the EU-U.S. Data Transfer Pact or “Privacy Shield”. Passed in July 2016, the Privacy Shield...more

Privacy Tip #60 – Cybersecurity Tips for the New Administration

It is hard to stay focused after election night. Since the new administration has a dearth of plans, here are some tips for it to get a jumpstart on cybersecurity priorities....more

Potential for Tax Reform in 2017: Insight from Proposals of the President-Elect and Congressional Republicans

In the U.S. general election held on November 8, 2016, Donald J. Trump was elected to become the 45th President of the United States. Republicans also retained their majorities in both the U.S. House of Representatives and...more

CETA Implementation in Canada - Implications of Bill C-30 on the Pharmaceutical Industry

Bill C-30 presents significant changes to Canada’s pharmaceutical landscape by introducing supplementary protection for pharmaceutical products and proposing substantial modifications to the Patented Medicines (Notice of...more

US Further Liberalizes Cuba Sanctions and Export Controls

On October 14, 2016, the United States announced additional measures to liberalize Cuba sanctions and export controls, effective October 17, 2016. The new measures, which are summarized below, authorize additional...more

New Round of Cuba Sanctions Changes Expand Opportunities for Health Sector

Key Points - - OFAC’s latest changes expand opportunities for U.S. persons to engage in medical research with Cuban nationals, authorize U.S. persons to obtain FDA approval of Cuba-origin pharmaceuticals, and market...more

US Officially Blames Russia For DNC Hack

The United States (US) Department of Homeland Security (DHS) and Office of the Director of National Intelligence (ODNI) issued a joint statement on Friday, October 7, 2016, publicly stating for the first time that the US...more

Clinton vs. Trump: How the U.S. Presidential Election Could Impact IP Law

A great deal has been made of the distinct policy differences between Democratic Presidential Nominee Hillary Clinton and Republican Nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But...more

Privacy Shield's Day After

Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more

Letter to Colombian President Encourages Grant of Compulsory License for Imatinib

Last month, we reported on letters sent by two Senators and fifteen Representatives to the U.S. Trade Representative, seeking clarification regarding the Administration's position on compulsory licenses. The letters were...more

Brexit: Data protection issues for consideration

Three points you need to know - - Brexit does not have any immediate effect on UK data protection law. All the usual duties and compliance risks continue to apply...more

The European Commission Formally Adopts the Privacy Shield

The Privacy Shield heightens the level of scrutiny and the burden on organizations that voluntarily self-certify. On October 6, 2015, the Court of Justice of the European Union invalidated the European Commission’s (the...more

Future of U.K. Data Protection Regs Unclear

As new British Prime Minister Theresa May assembles her new Cabinet, including a new Secretary of State for Exiting the European Union following the June 23, 2016 Brexit referendum outcome, the U.K.'s march forward to leave...more

In the Matter of Microsoft: Why It Matters

On July 14, 2016, the Second Circuit released its decision in Microsoft Corp. v. United States, No. 14-2985, slip op. (2d Cir. July 14, 2016). The Second Circuit rejected the Government’s efforts to require Microsoft to turn...more

EU Article 31 Committee Approves EU-U.S. Privacy Shield Program – Client Alert – Wilson Elser

On April 5, 2016, Wilson Elser released a client alert that outlined the details of the EU-U.S. Privacy Shield program, the proposed replacement for the Safe Harbor arrangement for transfers of EU citizens’ private data to...more

Brexit: Baroness Neville-Rolfe on Data Implications

At the beginning of July, Baroness Neville-Rolfe gave a speech at the annual Privacy Laws & Business conference, outlining the government’s stance on the implications of Brexit for a range of data issues including the GDPR,...more

The Privacy Shield: New Requirements for Lawful Trans-Atlantic Data Transfers

On July 12, 2016, the United States and European Union member states formally adopted the Trans-Atlantic Privacy Shield, a data transfer mechanism aimed to provide strict and clear consumer privacy protections. This Privacy...more

Data Protected? Europe Adopts the EU-US Privacy Shield

Following the recent approval by the Article 31 Committee (which includes representatives of the European Union (“EU”) Member States) of the final version of the EU-U.S. Privacy Shield (“Privacy Shield”), the European...more

At Long Last, US-EU Privacy Shield Adopted By EU Member States

Key takeaways: .. The Privacy Shield will now go into effect. .. The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016. .. Expect more challenges to the Privacy Shield...more

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