News & Analysis as of

Software

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

President Trump Blocks Chinese-Funded Acquisition of U.S. Semiconductor Company

• President Trump issued an order prohibiting the proposed $1.3 billion takeover of Lattice Semiconductor Corporation, a U.S. company, by Canyon Bridge Capital Partners, Inc., a private equity firm funded by Chinese...more

Preloaded Adware That Risked User Data Costs Lenovo $3.5 Million

by King & Spalding on

Last week, Lenovo Inc. agreed to pay $3.5 million to settle allegations that it installed monitoring and advertising software on its laptops. The lawsuit was brought by the Federal Trade Commission (“FTC”) and 32 state...more

Time to Review Your Encryption Classifications – BIS Updates Primary Purpose Exemption

by Kelley Drye & Warren LLP on

The Bureau of Industry and Security (BIS) recently published changes to its encryption regulations in an effort to simplify the text and focus the scope of controls. The biggest change is that Note 4, the “primary purpose...more

Lenovo Agrees to Settle Data Security Case with FTC and 32 AGs

The Federal Trade Commission (FTC) announced on September 5, 2017, that it has settled with Lenovo regarding allegations that Lenovo “harmed customers by pre-loading software on some laptops that compromised security...more

Key Takeaways from FTC Settlement with Lenovo Over Pre-Installed “Man-in-the-Middle” Software

On September 5, 2017, the Federal Trade Commission (“FTC”) announced that it had agreed to enter into a settlement with Lenovo Inc., which allegedly preloaded some of its computers with invasive software that compromised...more

Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers' Cybersecurity and Privacy

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo regarding the company's practice of pre-loading software on its laptops that...more

The Sisyphean Labor of the DAR Council: Segregation and Reintegration Data Rights

by PilieroMazza PLLC on

Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management...more

German Regulators Craft Guidelines Addressing the Ethical Issues Raised by Driverless Cars

by Foley & Lardner LLP on

As driverless cars prepare to enter the roadway, regulators are closely considering the implications of how software is programmed. When faced with an imminent risk of collision or injury, how will the software decide which...more

Is Your Medical Device Software Compliant with the New EU Standards?

by Miles & Stockbridge P.C. on

The IEC 62304 standard specifies life cycle requirements for the development of medical software and software within medical devices. It is a standard that is harmonized between the European Union (EU) and the United States...more

USTR Requests Input on Impact of Trade Agreements on Government Procurement

by Hogan Lovells on

On August 21, 2017, the Department of Commerce (Commerce) and the Office of the United States Trade Representative (USTR) issued a request for public comment on the impact of government procurement provisions of U.S. trade...more

Court Denies Plaintiff’s Request for Defendant’s Source Code Production: eDiscovery Case Law

by CloudNine on

In Congoo, LLC v. Revcontent LLC, et al, No. 16-401 (MAS) (D.N.J. Aug. 10, 2017), New Jersey Magistrate Judge Tonianne J. Bongiovanni, finding that the plaintiff “has not met its burden of demonstrating that production of the...more

Massachusetts State Tax Developments

by Reed Smith on

Welcome to the latest Reed Smith update on recent developments in Massachusetts state tax. In this update, we’ll discuss the following developments: - Corporate excise tax implications of the Department’s decision to...more

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

by Dorsey & Whitney LLP on

The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25...more

Digital Health Companies May Find a Faster Path to Market Under the FDA's Digital Health Plan

It looks like the FDA is moving forward—and swiftly—with the digital health plan articulated in FDA Commissioner Scott Gottlieb's June blog post, previously outlined in this post. Closely tracking the commissioner’s post, the...more

Federal Circuit Rules That Claims For Programmable Tiered Computer Memory Are Patent-Eligible

by Brooks Kushman P.C. on

Visual Memory LLC v. NVIDIA Corp., No. 2016-2254 (Fed. Cir. Aug. 15, 2017)- The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the...more

IRS and States Crack Down on POS Systems: Zapper Software

by Bowditch & Dewey on

A good point of sale (“POS”) system is critical for any business engaged in sales to the public and having one in place goes a long way to ensuring that revenue and profits are being reported properly to federal, state and...more

FDA’s Health Software PreCert program to fast-track innovation

by Thompson Coburn LLP on

Digital information has taken over our day-to-day lives, and the federal Food and Drug Administration (FDA) continues to recognize that this includes many aspects of our health care as well. This is clearly demonstrated by...more

Silicon Valley Venture Capital Survey – Second Quarter 2017

by Fenwick & West LLP on

This report analyzes the valuations and terms of venture financings for 208 companies headquartered in the Silicon Valley that raised capital in the second quarter of 2017. Overview of Results - Valuations Continue...more

[Webinar] On Premise or Off Premise? A Look at Security Approaches to eDiscovery - August 30th, 12:00pm CT

by CloudNine on

Today, when consumers are considering their eDiscovery technology choices, there are more factors to consider than ever. In addition to considering the functionality of the software application, you now also have to consider...more

New FDA Digital Health Program

by Holland & Knight LLP on

The Food and Drug Administration (FDA) continues to flesh out its ideas for regulation of digital health. Last week, the agency published a notice in the Federal Register, announcing a pilot program to evaluate a “new...more

Privacy Tip #99 – If you are an IoT Fanatic, this App is for You

Last January, the Federal Trade Commission (FTC) launched the IoT Home Inspector Challenge, a contest that requested participants to come up with a tool that would identify security issues that are caused by out-of-date...more

US Food and Drug Administration’s New Digital Health Innovation Action Plan Details a Software Precertification Pilot Program

by McDermott Will & Emery on

In recognition that the traditional regulatory approach toward moderate to high risk medical devices is not well-suited for current digital health software products, the US Food and Drug Administration published a Digital...more

German Government Tightens Rules for German Investment Control Covering M&A Transactions by Foreign Acquirers

by White & Case LLP on

On July 18, 2017, the Ninth Regulation Amending the Foreign Trade and Payments Regulation (Neunte Verordnung zur Änderung der Außenwirtschaftsverordnung ("AWV")) entered into force. The federal government is thus responding...more

Licensing Third Party Software for Use in Federal Contracts

by PilieroMazza PLLC on

In the IT sector, it is common for contractors with relationships to various federal agencies to have top-tier talent in-house to provide high quality IT services. Some vendors even have programmers and software engineers...more

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