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News & Analysis as of

FDA Final Rule Mandates Drug Manufacturer Notification of Impending Drug Shortages

On July 8, 2015, the federal Food and Drug Administration (FDA) published a final rule requiring drug manufacturers to report to the Agency any supply chain disruptions that could lead to drug shortages. The final rule...more

Court Follows Cost Shifting Analysis for Backup Tape Production (California)

United States ex rel. Carter v. Bridgepoint Educ., Inc., 305 F.R.D. 225 (S.D. Cal. 2015) - In this qui tam action claim case, the plaintiffs demanded that the defendants restore inaccessible ESI, specifically emails,...more

E-mail and Telephone Call Held Sufficient to Justify Exercise of Personal Jurisdiction

In Moncrief v. Clark (H040098, filed July 21, 2015), the California Court of Appeal, Sixth District, held that an out-of-state attorney’s phone call and e-mail to a California attorney, pertaining to a deal between their...more

Spoofing Whales: How Companies Can Protect Their CEOs and CFOs from the "Business Email Compromise”

Cyber scammers continually innovate new means to extract valuable information from unsuspecting victims. And a new form of cyber fraud is exploiting the close relationship between CEOs and CFOs. Identifying this threat — and...more

Why Social Media Matters

Not many born before 1990 would argue with the assertion that, in our lifetime, the Internet has changed just about everything. Here are a few examples: Postal mail (“snail mail”) is well on the way to obsolescence. The...more

Preservation by Backup Tape – Your First Five Questions . . .

This is the inaugural post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

PAC Upholds Board Action: No OMA Violation for Private Emails

In June, the Public Access Counselor (PAC) issued a non-binding opinion holding that board members of a school district did not violate the Open Meetings Act (OMA) when partaking in intermittent private email exchanges...more

Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more

Connecticut Joins States That Protect Personal Online Accounts of Employees

Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related to such accounts in employment...more

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

Porter Airlines Pays $150,000 under Canada’s Anti-Spam Law

On June 29, 2015, the CRTC announced that Porter Airlines Inc had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada’s Anti-Spam Law (CASL). CASL requires consent to send...more

FIN4 May Have Embarked on a Risky Hacking/Insider Trading Strategy

I haven’t yet turned to a life of crime, so far be it from me to criticize actual criminals’ profit-maximizing strategies. It’s easy for me to nitpick, but I’m not the one strapping on my mask and trying to earn a...more

Creating a Consistent E-Discovery Preservation Hold Process

Exterro was founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost. The process part...more

Court Affirms that Discovery Standard is Reasonableness, Not Perfection (Nebraska)

Malone v. Kantner Ingredients, Inc., 2015 WL 1470334 (D. Neb. Mar. 31, 2015). In this employment dispute, the plaintiffs moved for an order to request production of emails and invoices between the defendants and a...more

Focus on China Compliance - June 2015

In This Issue: - Increased Scrutiny by Chinese Securities Regulators Will Have Global Implications - Effective Employee Suspension Agreements to Facilitate Compliance Investigations - Protecting Against...more

1f You Can R3ad Th15 – Security and Scam Alert

You may think there is no value in chasing domain name squatters because customers find your website through search engines, but consider squatters as internal and external security risks. A constantly evolving threat, there...more

Eleventh Circuit Upholds Wire Fraud Conviction of Defendant Who Did Not Participate in Sending the Fraudulent Representations

On June 9, the US Court of Appeals for the Eleventh Circuit affirmed a Florida district court’s refusal to acquit Linda Deavers, an Indianapolis real estate broker, of four counts of wire fraud. In doing so, the Eleventh...more

Virginia Supreme Court Opinions Affecting Local Government Law: June 4, 2015

The Virginia Supreme Court issued opinions on June 4, 2015 during its June term. This term resulted in two opinions affecting Virginia local government law. These opinions addressed defamation alleged from statements by a...more

Employee Surveillance and Monitoring

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

Collusion Course: The Limits of Hot Documents

Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil...more

Add Connecticut to Your List of States with a Social Media Privacy Policy Law Favoring Employees

Since 2012, many states have enacted laws that restrict an employer’s capacity to access employees’ personal email and social media accounts. Last month, Connecticut joined the party and became the 21st state to enact an...more

LinkedIn settles class action suit

Last week, LinkedIn agreed to pay $13 million and change some of the site’s features to settle a class action lawsuit filed against it in 2013 alleging that it used the Add Connections feature to access users’ email contacts...more

Oral Argument Scheduled in Microsoft Foreign Data Demand Appeal

The U.S. Second Circuit Court of Appeals scheduled oral argument for September 9, 2015 on Microsoft’s appeal of a district court opinion upholding the validity of the U.S. government’s search warrant for customer data stored...more

Advertising Law - June 2015 #2

NFL Scores Victory at Eighth Circuit, $42M Deal With Former Players Upheld - The Eighth Circuit Court of Appeals affirmed the $42 million settlement between the National Football League (NFL) and almost 25,000 former pro...more

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

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