House Subcommittee Debates Device Remanufacturing Definition, Sends User-Fees Bill to Next Stage
"Proponents of the remanufacturing bill are looking to better distinguish between medical device remanufacturing, and...more
5/27/2022
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Food and Drug Administration (FDA) ,
GAO ,
Medical Devices ,
Phishing Scams ,
Ransomware
What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to follow agreed upon emergency preparedness plans are a recipe for disaster. While...more
Bridges, Natural Disasters and Liability - The Skanska Decision (Part 1) -
What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to...more
5/24/2022
/ 3D Printing ,
Bridges ,
Climate Change ,
Construction Industry ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
Natural Disasters ,
Public Projects ,
Severe Weather ,
Sustainability ,
Transportation Industry
Avoiding Data Breaches: A Guide for Boards and C-Suites
"Recently, plaintiffs have targeted corporate board members and C-level executives alleging that their data privacy–related claims result from a breach of fiduciary...more
5/12/2022
/ Biometric Information ,
Centers for Disease Control and Prevention (CDC) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Assets ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Non-Fungible Tokens (NFTs)
Data Breach Corner - Cash App Data Breach Affects More than 8M Users -
"A former employee of the company downloaded reports containing the personal information of U.S. users."
Why this is important: Not all data...more
Lessons in Arbitration Construction Dispute -
In December 2021, Alex Turner, Jeff Patton, and Lee Denton in Spilman's Winston-Salem office arbitrated a construction dispute in Norfolk, Virginia on behalf of Sure Lift,...more
Britain Announces Plans to Mint Its Own NFT as It Looks to ‘Lead the Way’ in Crypto -
"Glen said the government was also 'widening' its gaze to look at other aspects of crypto, including so-called Web3, a movement that...more
4/15/2022
/ Authentication ,
Biometric Information ,
Biotechnology ,
Blockchain ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Digital Assets ,
Non-Fungible Tokens (NFTs) ,
Personally Identifiable Information ,
Smart Contracts
Massachusetts-Based Background Check Company Creative Services Faces Multiple Lawsuits Over Data Breach -
"'CSI determined that certain files dating from November 2018 to November 2021 may have been copied from their...more
4/4/2022
/ Confidential Information ,
CRISPR ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Personally Identifiable Information ,
Popular ,
TransUnion LLC v Ramirez
Change in “Pay When Paid” Provisions for VA Public Contracts
"An Act to amend and reenact §§ 2.2-4354 and 11-4.6 of the Code of Virginia, relating to contracts; payment clauses to be included; right to payment of...more
3/29/2022
/ Carbon Emissions ,
Climate Change ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Governor Wolf ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
State Contractors ,
Subcontractors ,
Supply Chain
The Cryptocurrency Revolution and President Biden's Formal Recognition -
Out of the ashes of the 2008 financial crisis, Bitcoin sprang up like an insurgency, targeting both the unbridled activity of large financial...more
3/18/2022
/ Bitcoin ,
COPPA ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
FinTech ,
Food and Drug Administration (FDA) ,
Hackers ,
Intellectual Property Protection ,
Internet of Things ,
Medical Devices ,
Securities and Exchange Commission (SEC)
War in the Time of Crypto -
"In the Russia-Ukraine conflict, which side is crypto helping? Both."
Why this is important: The world continues to watch Russia's invasion of Ukraine as it dominates news outlets. An...more
3/2/2022
/ Caremark claim ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Digital Currency ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
IRS ,
Non-Fungible Tokens (NFTs) ,
Ransomware ,
Russia ,
Ukraine ,
Vaccine Passports
Concerning Healthcare Data Breach Reporting Trend -
"There has been a trend in recent years for HIPAA-regulated entities to wait the full 60 days from the date of discovery of the breach to issue notifications to affected...more
2/16/2022
/ Biometric Information Privacy Act ,
Bitcoin ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs)
BioPlus Specialty Pharmacy Faces Lawsuit Over Healthcare Data Breach -
"Florida-based BioPlus Specialty Pharmacy allegedly failed to safeguard PII and notify patients of a healthcare data breach that impacted 350K, the...more
2/7/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
EHR Vendor Breach Lawsuit Seeks Security Improvements -
"Patient portal hacking incident last summer affected nearly 320,000."
Why this is important: On October 22, 2021, QRS Inc., a medical practice management system...more
1/21/2022
/ Cryptocurrency ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Nanotechnology ,
Stablecoins ,
Tesla
Welcome to our last Decoded issue of 2021. With this last publication, we wanted to do something a little different. We looked at the top issues that affected the industry and our clients over the past year. And, we look...more
Athletic Fashion Dispute in Race to Courthouse -
Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won...more
With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more
11/17/2021
/ Americans with Disabilities Act (ADA) ,
Breach Notification Rule ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
PA Supreme Court ,
PHI ,
Popular ,
Vaccinations
Assignment and Recordation of Patent Ownership Rights -
A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased...more
11/10/2021
/ Automation Systems ,
Cyber Attacks ,
Cybersecurity ,
Driverless Cars ,
Facebook ,
Intellectual Property Protection ,
Medical Malpractice ,
Patent Litigation ,
Patents ,
Ransomware ,
Robots ,
Technology Sector ,
Trademarks ,
Vaccinations
Nature of Patents and Patent Rights -
When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant...more
10/28/2021
/ Amazon ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Department of Justice (DOJ) ,
Facebook ,
False Claims Act (FCA) ,
Federal Contractors ,
Medical Devices ,
Nanotechnology ,
Patent Litigation ,
Patents ,
Retailers ,
Starbucks ,
USPTO
The Story of Henrietta Lacks and the Biotechnology Company Accused of Selling Her Cells for Profit -
These two articles (Newsweek and Fierce Biotech) describe the new lawsuit by the Henrietta Lacks Estate surrounding the...more
10/13/2021
/ Biotechnology ,
Blockchain ,
Coinbase ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Liability Insurance ,
Patent-Eligible Subject Matter ,
Patents ,
Ransomware
Biotechnology Can Fight Climate Change—but Trade Negotiators Need to Act -
"Emerging biotechnology, such as gene-editing, can safely and effectively change our planet's future for the better."
Why this is important:...more
9/30/2021
/ Agricultural Sector ,
Amazon ,
Artificial Intelligence ,
Biotechnology ,
Bitcoin ,
Climate Change ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Novartis ,
Ransomware ,
Stablecoins ,
Surveillance
El Salvador Buys 200 Bitcoins as the Digital Currency Becomes Legal Tender -
"El Salvador became the first country to adopt bitcoin as a national currency, kicking off a radical monetary experiment that could pose risks to...more
9/15/2021
/ Apple ,
Artificial Intelligence ,
Bitcoin ,
Blockchain ,
Climate Change ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Distributed Ledger Technology (DLT) ,
El Salvador ,
Ethereum ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
GAO ,
Government Agencies ,
Kim Kardashian ,
Medical Devices ,
Popular ,
Privacy Concerns ,
Smart Contracts
Recently, we have seen a flurry of congressional and executive activity on the issue of nondiscrimination in banking. In October 2020, Senators Warren and Booker, along with other Democratic senators, introduced the Fair...more
Social media started out as a way to connect with old friends and distant relatives. Not anymore. Now, social media is being weaponized by everyday people to topple the giants of Wall Street. Recently, posters on Reddit and...more
1/29/2021
/ Breach of Contract ,
Breach of Duty ,
Department of Justice (DOJ) ,
Financial Markets ,
GameStop ,
Investors ,
Market Manipulation ,
Market Volatility ,
Retail Investors ,
Robinhood Financial ,
Securities and Exchange Commission (SEC) ,
Short Selling ,
Social Media ,
Wall Street
Long-term care facilities have been the epicenter of COVID-19 infections and deaths. According to the Centers for Disease Control and Prevention (“CDC”), nursing homes and other long-term care populations are at a high risk...more
1/22/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Infectious Diseases ,
Long Term Care Facilities ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations