Today's Popular Updates

A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
News & Analysis as of

JD Supra Thought Leaders On: TCPA

Meet some of the top writers providing insight and analysis on the Telephone Consumer Protection Act and TCPA-related matters on JD Supra during the past 30 days. ...more

Blog: Class Action Following Health Information Data Breach

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Locke Lord QuickStudy: Montana and Wyoming Update Data Breach Laws

Montana and Wyoming have recently revised their data breach notification laws including their definitions of what constitutes Personally Identifiable Information (PII) subject to breach notification. ...more

Delaware’s “Computer Security Breaches” Law Needs an Overhaul

I suspect this may surprise most Delawareans. In 2005, Delaware Governor Ruth Ann Minner signed into law House Bill 116. That bill, now codified as 6 Del. C. §§ 12B-101 et seq., requires individuals or commercial entities,...more

The New World of Trademark Litigation After The Supreme Court's B&B Hardware Decision

Last week, the U.S. Supreme Court held that a ruling by the Trademark Trial and Appeal Board (TTAB) may be binding on a federal court that later hears the same issue. The Court's decision is likely to significantly affect the...more

Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Accounts

March 30, 2015 Authors: Philip Gordon and Joon Hwang As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards...more

The European Commission’s Enforcement Priorities and the Debate on the Reform of the EU Merger Control Regulation

EU merger control celebrates its 25th anniversary this year. On 13 March 2015, the EU Commissioner for Competition Margrethe Vestager gave a speech on merger reform and market definition noting that, although there is no room...more

This .Sucks: The Newest New gTLD

Two years ago, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization that runs the Internet, launched a controversial program to expand the number of top-level domain names (TLDs). Until...more

FTC Ordered to Reveal Names of Witnesses to Sysco, US Foods

A federal judge in Washington, DC ruled last week that the FTC must disclose the names of the individuals it relied on in its bid to block a proposed $3.5 billion merger between Sysco and US Foods. The FTC attached under seal...more

US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may...more

Supreme Court Finds TTAB Rulings On Likelihood Of Confusion May Preclude Infringement Litigation In Federal Court

The United States Supreme Court recently issued a game-changing opinion on the authority of the U.S. Patent & Trademark Office's (USPTO) Trademark Trial & Appeal Board (TTAB). In B&B Hardware Inc. v. Hargis Industries Inc. et...more

Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal...

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same...more

Strike Two – FDA Rejects Amgen’s Certification Petition for Biosimilar Applicants

In parallel with the district court case where Amgen is asserting that Sandoz has not complied with the BPCIA because they have not provided Amgen with a copy of their biosimilar application, in October 2014 Amgen filed a...more

Supreme Court: An Administrative Ruling on Confusion Can Be the Last Word in Trademark Litigation

Trademark disputes often focus on whether two marks create a “likelihood of confusion” with one another. That issue can come up before a court considering trademark infringement; before the Trademark Trial and Appeal Board...more

Responding to Insider Data Theft

Our 2015 monthly Privacy Issues Wednesday webinar series continued this month with Jonathan Cain and Paul Pelletier’s Responding to Insider Data Theft & Disclosure presentation. Jonathan and Paul discussed how distinguishing...more

U.S. Supreme Court Hears Oral Arguments on EPA’s Mercury and Air Toxics Standard

Wednesday the U.S. Supreme Court heard oral argument in Michigan v. EPA, a Clean Air Act case involving hazardous air pollutant regulations, with implications for fossil fuel-fired power plant owners and operators in...more

Are You Breaking The Rules? NLRB General Counsel Issues Extensive Report On Employer Rules and Handbooks

On March 18, 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a report (General Counsel Memorandum GC 15-04) summarizing recent NLRB enforcement action regarding many common employment policies....more

Data privacy, security and breach notification bill passes through House subcommittee

A closely watched bipartisan national data privacy, security, and breach notification bill cleared a House subcommittee yesterday, sending it to the full House Energy and Commerce Committee for review. There have been many...more

Effective cybersecurity: 8 questions for you and your team

Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed,...more

China’s New Cybersecurity Policies: Is the Price of Compliance Worth the Risk of Disclosure?

Tensions recently escalated in the United States and China’s ongoing exchange over online security and technology policies, as China adopted the first in a series of policies it previously approved at the end of last year. ...more

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

10 Tips for Fostering a Business Culture of Cybersecurity Awareness

Businesses are recognizing the need for new approaches to data security as high-profile cybersecurity incidents reveal the true impact a data breach can have on an organization. One of the biggest realizations is that IT...more

San Francisco’s Airbnb Regulation Runs Into Enforcement Issues

A little over a month after San Francisco’s comprehensive home-sharing law went into effect, the City is already encountering a problem that threatens the effectiveness of the measure. The law, which allows residents to rent...more

TTAB Decisions Can Preclude Court Determinations Of Likelihood Of Confusion In Infringement Cases

On March 24, 2015, the Supreme Court issued its decision in B&B Hardware, Inc. v. Hargis Industries, Inc., holding that a Trademark Trial and Appeal Board (“TTAB”) decision on likelihood of confusion for purposes of...more

B&B Hardware, Inc. v. Hargis Industries, Inc. – U.S. Supreme Court Holds TTAB Decisions Can Have Preclusive Effect on District...

On March 24, 2015, the U.S. Supreme Court issued its long-awaited decision in the case of B&B Hardware, Inc. v. Hargis Indus., Inc. B&B Hardware owned the federally registered trademark SEALTIGHT for use in connection with...more

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