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General Business Science, Computers & Technology Civil Remedies

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Who Is Watching The Watchmen?: CFTC Penalizes Registrant For Outsourced IT Security Lapses

by Bracewell LLP on

On February 12, 2018, the Commodity Futures Trading Commission (CFTC) settled charges against AMP Global Clearing LLC (AMP), a futures commission merchant (FCM), for the company’s failure to adequately supervise one of its IT...more

Minimizing Liability For Business Associate Misconduct

by Holland & Hart LLP on

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

A Basic Primer on Damages Terms in Contracts

When entering into arrangements with clients or engaging vendors, startup companies may be faced with a confusing array of contractual terms, including terms that reference various types of damages. Such terms are worthy of...more

Apotex granted damages from contract research organization for delayed FDA approval of two products

by Smart & Biggar on

On December 22, 2017, Patillo J. of the Ontario Super Court of Justice held that Apotex was entitled to $11,303,131.80, plus pre-judgment interest, for losses flowing from delays in the US Food and Drug Administration (FDA)’s...more

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek...

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s...more

CGL Policies And Data Breaches: No Publication, No Coverage

by Carlton Fields on

As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

Wave of Illinois Biometric Privacy Suits Continues Unabated

After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust. Dozens of suits have been filed in Illinois state court against Illinois-based employers and...more

Trebled Damages Means No Injunction for Knock-Off Software

by McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site,, is at it again. The First Circuit recently affirmed a lower court’s ruling that was entitled to immunity under Section 230 of the Communications...more

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

FRANCHISEE 101: Upgrade Your Metal

by Lewitt Hackman on

A federal court in New York denied a franchisee's motion for preliminary injunction that would have prevented its franchisor Metal Supermarkets Franchising America (MSFA) from installing technology upgrades in its stores....more

BIM before the English Courts

by White & Case LLP on

In a judgment released in August 2017, the UK High Court granted an interim injunction requiring a Building Information Modelling ("BIM") coordinator to provide access to a common data environment....more

Website Accessibility: Is Your Website ADA Compliant?

by Revision Legal on

Legal activists for the disabled are filing an increasing number of successful website accessibility challenges. Among the companies sued: Hobby Lobby, eBay, Blick Art Materials, Five Guys, Target, Winn-Dixie, etc. Very soon,...more

A Green Light for Screen Scraping? Proceed With Caution…

by Proskauer Rose LLP on

Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply - Websites make information available to clients, users, customers and subscribers. Data aggregators, investors, competitors and...more

Ending Data Scraping Dispute, Craigslist Reaches $31M Settlement with Instamotor

Craigslist has used a variety of technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to, or accessing user postings for their own commercial purposes. For...more

The enforcement of standard essential patents in Germany – a stocktaking

by DLA Piper on

In July 2015, the European Court of Justice (CJEU) issued a long-awaited judgment answering questions as to the requirements an owner of a standard essential patent (SEP) is able to enforce its SEP without a breach of...more

Business Litigation Report - July 2017

Article: July 2017: A Practical Guide to Spoliation Sanctions Under Amended Rule 37(e) - Federal Rule of Civil Procedure 37(e), addressing the availability of sanctions for failure to preserve electronically stored...more

You Can Dance If You Want To

In borrowing a page from the '80s band "Men Without Hats," on June 12, 2017, the U.S. Supreme Court brought greater certainty for both biosimilar applicants and originator companies. In Sandoz Inc. v. Amgen Inc., the Supreme...more

Supreme Court: Biosimilar Applicants May Provide Commercial Marketing Notice Before FDA Approval

by Jones Day on

On June 12, 2017, the U.S. Supreme Court decided two important questions under the Biologics Price Competition and Innovation Act ("BPCIA"), which provides an abbreviated pathway for the approval of generic biologics: (i) the...more

Amgen v. Sandoz: The Supreme Court’s First Biosimilars Ruling

In a unanimous decision issued on June 12, 2017, the Supreme Court for the first time interpreted key provisions of the 2010 Biologics Price Competition and Innovation Act (“BPCIA”). See Sandoz Inc. v. Amgen Inc., No. 15-1195...more

You Don’t Have to Dance the Patent Dance (Except Maybe in California)

Supreme Court Decides BPCIA “Patent Dance” Questions - The 2009 Biologics Price Competition & Innovation Act (BPCIA) provides an orderly process for manufacturers of generic biological drugs (called “biosimilars”) to...more

Supreme Court Permits Biosimilar Drugs to Be Marketed Sooner

by Snell & Wilmer on

On June 12, 2017, in Sandoz Inc. v. Amgen Inc., the United States Supreme Court unanimously held that a drug manufacturer may give a required 180-day notice of its intent to market a biosimilar drug before receiving FDA...more

SCOTUS Simplifies Market Entry Process for Biosimilar Products

by Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Sandoz v. Amgen injects much needed certainty into a difficult statute and streamlines the process for biosimilar products to enter the marketplace following FDA...more

Yet another Target settlement highlights data breach costs

by Thompson Coburn LLP on

In what appears to be the closing act of the saga that is the Target data breach, on May 23 the retailer announced it had reached a settlement agreement with a coalition of 47 states’ attorneys general. Pursuant to the...more

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