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Documents on Business Law, Computer & Data Services, Health Care
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|FDA: 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;
October 16, 2014, previously published on October 2014On 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...
|A 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.;
October 13, 2014, previously published on October 8, 2014In 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...
|Transitional Compliance Period for Business Associate Agreements Expiring September 23, 2014|
Adria Warren; Foley & Lardner LLP;
September 23, 2014, previously published on September 19, 2014If 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...
|Supreme 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;
September 18, 2014, previously published on September 8, 2014On 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...
|Is A "Legal Marijuana Business" Really Legal?|
Bruce E. Reinhart; McDonald Hopkins LLC;
September 17, 2014, previously published on September 16, 2014As 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...
|Aspiring Medicinal Marijuana Business Owners in Illinois Should Understand and Plan for the Potential Tax Pitfalls|
Mark Milton; Husch Blackwell LLP;
September 3, 2014, previously published on August 27, 2014On 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...
|“HITECH” Act: What You Need to Know About Electronic Protected Health Information|
Gregory S. Weiner; Pessin Katz Law, P.A.;
August 1, 2014, previously published on July 18, 2014Recently 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...
|Wyndham Gets Life Preserver in Data Breach Case|
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 7, 2014, previously published on June 27, 2014New 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.
|Guess 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;
July 4, 2014, previously published on June 26, 2014The 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.
|“May I have your ZIP Code?” Retailers May Want to Read This....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 18, 2014There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...