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HTMLFDA: Industry Must Address Cybersecurity Risks for Medical Devices.
Theodore P. Augustinos, Sharon A. Blinkoff, Ellen Marie Giblin, Mark E. Schreiber, David S. Szabo; Edwards Wildman Palmer LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On October 1, 2014 the U.S. Food and Drug Administration finalized guidance on recommendations to manufacturers for managing cybersecurity risks to better protect patient health and information. The purpose of the guidance is to encourage manufacturers to consider possible cybersecurity risks while...

 

HTMLA Different Kind of “Virus”: FDA Follows NIST Framework in Cybersecurity Guidance for Medical Devices
Joshua T. Foust; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 13, 2014, previously published on October 8, 2014
In past posts we’ve taken a close look at the Framework for Improving Critical Infrastructure Cybersecurity put forth by the National Institute of Standards and Technology (NIST), exploring its wide-ranging implications for companies across a number of different industries. As we’ve...

 

HTMLTransitional Compliance Period for Business Associate Agreements Expiring September 23, 2014
Adria Warren; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 19, 2014
If they have not already done so, covered entities and business associates have until September 23, 2014, to update their business associate agreements to comply with the January 2013 changes to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health...

 

HTMLSupreme Court Of Canada Denies Leave To Appeal From Decision Clarifying Available Disgorgement Remedies In Competition And Consumer Protection Claims
Michelle T. Maniago, Alessandra V. Nosko; Borden Ladner Gervais LLP;
Legal Alert/Article
September 18, 2014, previously published on September 8, 2014
On Thursday, September 4, 2014, the Supreme Court of Canada dismissed the plaintiffs’ motion for leave to appeal in Wakelam v. Wyeth Consumer Healthcare/Wyeth Soin de Sante Inc. The leave application arose from a 2014 British Columbia Court of Appeal decision that clarified whether plaintiffs...

 

HTMLIs A "Legal Marijuana Business" Really Legal?
Bruce E. Reinhart; McDonald Hopkins LLC;
Legal Alert/Article
September 17, 2014, previously published on September 16, 2014
As more states legalize marijuana for medical or recreational use, budding entrepreneurs believe they will get rich from marijuana businesses that comply with the laws of a particular state (so-called “legal marijuana businesses”). They see opportunities to grow marijuana, to own...

 

HTMLAspiring Medicinal Marijuana Business Owners in Illinois Should Understand and Plan for the Potential Tax Pitfalls
Mark Milton; Husch Blackwell LLP;
Legal Alert/Article
September 3, 2014, previously published on August 27, 2014
On September 8, 2014, the state of Illinois begins accepting applications for medicinal marijuana dispensary and cultivation center permits. Under the state’s Compassionate Use of Medical Cannabis Pilot Program Act, passed last year, Illinois will grant one cannabis cultivation permit for...

 

HTML“HITECH” Act: What You Need to Know About Electronic Protected Health Information
Gregory S. Weiner; Pessin Katz Law, P.A.;
Legal Alert/Article
August 1, 2014, previously published on July 18, 2014
Recently enacted legislation has resulted in extensive expansions to the privacy, security, breach notification and enforcement rules of the Health Information Technology for Economic and Clinical Health (HITECH) Act under the Health Insurance Portability and Accountability Act (HIPPA). The new...

 

HTMLWyndham Gets Life Preserver in Data Breach Case
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 7, 2014, previously published on June 27, 2014
New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. We have been following this case since the beginning, and you can see our last post here.

 

Adobe PDFGuess Who’s Looking at Your Ad? Blind Recruitment Ads Fall Foul of Data Privacy Laws
Gabriela Kennedy, Karen H. F. Lee, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
July 4, 2014, previously published on June 26, 2014
The number of "blind" recruitment ads - i.e., ads that do not identify the employer or their recruitment agent - circulating in Hong Kong has led to a growing concern about the possible unscrupulous collection and use of personal data of job applicants.

 

HTMLFive Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance
Dianne J. Bourque, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 20, 2014
Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information (Breach Report); and (ii) the Annual Report to Congress...

 


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