News & Analysis as of

Mobile Health Apps are in a Boom Phase – Why is it so Hard for Pharmaceutical Companies to Find Users?

Mobile medical and health applications have been in a boom phase for the past few years, but despite this trend, one group of entities has had trouble breaking into the mobile medical app sphere, pharmaceutical (i.e., pharma)...more

Cybersecurity Litigation Monthly Newsletter

As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases,...more

S.B 962: Disabling smartphones or enabling uncertain enforcement?

On August 25, 2014, Senate Bill No. 962, “[a]n act to add Section 22761 to the Business and Professions Code, relating to mobile communications devices,” was approved by Governor Brown and filed with Secretary of State Bowen....more

Smartphones, Maps, and Distracted Driving

What? Is texting and driving now legal in California? Not quite… But the California Court of Appeals has recently ruled that it is permissible to view maps on smartphones while driving....more

Why It’s Time Employers Revisit Their Cell Phone Reimbursement Policy

What happens when your employees use their personal smartphones to check or respond to work email? It may be a question that you hadn’t given much thought to. Presumably, if an employee makes a work-related call, email or...more

Federal Trade Commission Checks Out Mobile Shopping Apps

In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”). FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and...more

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages...more

Bernstein Shur Business and Commercial Litigation Newsletter #40

We are pleased to present the 40th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we discuss fee shifting provisions in corporate bylaws, the settlement of high stakes smartphone...more

IP Newsflash - May 2014 #2

DISTRICT COURT CASES - Judge in the Northern District of California Excludes Damages Expert Opinion that Used the Entire Handset as the Royalty Base - Judge Grewal of the Northern District of California granted...more

EXPANDED – BYOD: Where the Employee and the Enterprise Intersect

BYOD Yesterday And Today - The proliferation of bring your own device programs – or “BYOD” as it is commonly referred – has drastically changed today’s corporate workplace environment. Employees are availing themselves...more

Fed Issues a Report on Mobile Financial Services

On March 25, the Fed issued a report on the use of mobile phones to obtain financial services. Last year, 33 percent of all mobile phone users and 51 percent of smartphone users had used mobile banking. The most common mobile...more

Week in Review - April 3, 2014

Not all technology-based changes in the workplace involve social media and smartphones. This week's headlines and blog posts highlight other ways in which technology is changing the way we work. For example, employers are...more

Employers Seeking to Curb Employee Mobile Phone Use at Work? Don’t Use Illegal Signal Jammer – FCC is “Listening”

Some employers, particularly those in manufacturing, health care, and other situations where mobile phone use could interfere with employee safety, have come up with novel approaches to curbing employees’ uses of mobile...more

Your smartphone is NOT a medical device

Wearable technology issues relating to the potential qualification of such products as a medical devices have become popular on the press following the presentation of the first smartphone with a heart rate sensor, quickly...more

Week in Review - February 28, 2014

Facebook, iMessages, WhatsApp, Snapchat, Twitter, Instagram, Telegram, Confide, MessageMe, Popcorn, Glide, Tango, Viber, Whisper. . . . According to a recent post on the New York Times Bits blog, these are just some of the...more

BYOD: Policy Considerations for Employers in the Age of Personal Devices

Employees who use personal smart phones, PDAs, tablets, laptops and other electronic devices to connect to the employer’s computer network are fast becoming more of a rule than an exception. Today’s employees are often...more

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies...more

Week in Review - January 23, 2014

Anything you say on Facebook can and often will be used against you in a court of law. Technology has not only changed the workplace; it has also changed employment lawsuits. We've provided a link below to an article...more

FCC’s Proposal to Lift Longstanding Ban on In-Flight Cellphone Use Draws Public Outcry

Your seatbelt is fastened, a book is perched on your lap and you are ready to take off for a relaxing four-hour flight to San Francisco. You plan to enjoy the flight in comfortable silence by reading a good book for an hour...more

Week in Review - December 19, 2013

The holiday season is a time for reflection, including reflection on our technology habits. Many individuals are aiming to be truly home for the Christmas holiday by engaging in digital detox plans and setting their...more

Wearable Computing—The Next Front in the Smartphone Wars?

The rapidly shrinking size of computer components and the development of high-speed wireless signaling technologies have made mobile computing devices ubiquitous. Users can now access data and applications from virtually...more

On the Third Day of Privacy, My Smartphone Followed Me…

In 2013 geolocation and biometrics were hot topics. Apple included a fingerprint reader on the new iPhone which was either really cool or an epic fail depending on your viewpoint, and Google and the NSA are tracking our...more

Advertising Law -- Dec 06, 2013

FTC Settles With Mobile Crammers - In the Federal Trade Commission’s first lawsuit over mobile cramming, Wise Media and two individual defendants agreed to a permanent ban on placing unauthorized charges on telephone...more

FCC Adopts Stricter Rule for Mobile Message Marketing

The U.S. federal law known as the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227, regulates telemarketing activities, including the use of autodialing systems to initiate unsolicited telemarketing voice...more

Policies on Personal Use of Company-Issued Electronic Communication Devices

Many employers permit their employees to access personal accounts from company-issued electronic communications devices. They also permit employees to use their personal devices for work. Those rules are both convenient for...more

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