News & Analysis as of

Cleantech and solar photovoltaic innovation – an area of opportunity for the mining industry

The Australian Renewable Energy Agency’s (ARENA) funding priorities for new investment represent an area of opportunity for the mining industry. While investment in clean technology may, on the surface, seem at odds with the...more

Ch-Ch-Ch-Ch-Changes: USPTO Pilot Program on Changing Technology

As you may have heard, the USPTO has commenced a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations to account for evolving technology. Amendments...more

MarkIt to MarketTM - September 2015

The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

[Event] PEDC Training: IP Blunders and How to Avoid Them - Oct. 6th, McLean, VA

On Oct. 6, Intellectual Property attorney Josh Brady will deliver a two-hour hands-on training session on how to recognize potential IP blunders and plot a course to avoid them. This will be the first in a series of IP...more

[Event] 2015 FOLEYTech Summit - October 1, Boston, MA

Please join us for the 2015 FOLEYTech Summit. In its 11th year, the FOLEYTech Summit continues to offer the top-notch industry insight and compelling speakers you have come to expect from Foley & Lardner LLP, while embracing...more

[Webinar] Legal Issues and Risks in Wearable Health Technologies - Sept. 24th, 10:00am PDT

The market for wearable health technologies, encompassing innovations such as fitness bands, glucose monitors, and implanted devices, is booming – estimated to surpass $70 billion by 2024. The session will focus on key legal...more

The Roundup: Last Week’s Recommended Reading (September 11, 2015)

Can a Career Coach Help Advance Your Legal Career? If you’re feeling stuck in your legal career, maybe it’s time to consider a career coach, or other similar option (if a full career coaching package isn’t an option)....more

Internet of Things – What does it mean for business?

What is the Internet of Things? The 'Internet of Things' (IoT) is a catchphrase describing the increasing interconnectedness between smart devices and sensors facilitated through their connection to the internet. It's not a...more

Patent Claims Are Not Drawn to Patent Eligible Subject Matter

The defendants filed a motion for judgment on the pleadings for invalidity under § 101. The motion was granted. The plaintiff’s claim construction was adopted for purposes of the motion. The Court then applied the two-step...more

As Autumn Looms, Low-Hanging Fruit in IT Procurement May Tempt Baker

The Office of the Massachusetts Attorney General is investigating the failure of the Governor Patrick administration and its chosen information technology contractor to adapt the state’s health exchange to the complex...more

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

The Value of Empathy Shows up in the News

This month we’re reading two high-profile – but very different – stories that underscore something we talk a lot about at Greentarget: the importance of empathy. ...more

Privacy & Cybersecurity Update - August 2015

Third Circuit Affirms FTC’s Authority Over Cybersecurity: In the Wyndham case, the Third Circuit affirmed that the FTC has the authority to regulate cybersecurity under Section 5 of the FTC Act, and that the language of...more

Your Employees Are Probably Doing It, So Have a BYOD Policy

People today can (and do) work from anywhere—connected through the Internet, WiFi, and cloud-based platforms with a variety of mobile devices. This makes preventing confidential and proprietary business information from...more

Colorado Medical Board Adopts New Telehealth Policies

On August 20, 2015, the Colorado Medical Board (the Board) adopted Policy 40-27, which sets forth important new guidelines for providers delivering healthcare services via telehealth technologies, including the ability to...more

#AliceStorm: The Summertime Blues Continue

In my July post, I noted that Section 101 court decisions were issuing fast and furious, with twelve decisions in just the first ten days. I predicted that "At this pace, we could see some twenty to thirty decisions this...more

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

At the edge of a new frontier: USCIS begins transition to Electronic Immigration System

In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration...more

2015 Form 1095-C Reporting: IT Vendor Survey

On August 18, 2014, we posted our, “First Look at ACA Employer Compliance Software.” It’s time for an update. We invited less than a dozen vendors to answer these twenty-two questions....more

TCPA Connect - August 2015

New Bill Would Create Criminal Penalties for TCPA Violations - Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act? The answer might be "yes" if a bill introduced by Sen....more

Credit Card Fraud Liability Shift Looms for Retail Industry

On October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases will shift from credit card issuers, such as banks or credit unions, to retail merchants. Credit card...more

2014 Wind Technologies Market Report – Highlights and Takeaways

In August, the U.S. Department of Energy released its 2014 Wind Technologies Market Report. The report, released annually for the past three years, tracks American progress in wind related areas including installed capacity,...more

CFPB Publishes Results of eClosing Pilot Program

On August 5, the CFPB released a 90-page report summarizing the results of its eClosing pilot program, a research initiative launched in April 2014 to explore whether electronic closing processes offer measurable benefits to...more

Mobile health apps: Are they a regulated medical device?

With the proliferation of smartphones, the market for mobile applications (apps) has developed very rapidly in recent years, becoming a key driver of mobile health (mHealth) deployment. App developers have created health apps...more

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