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HTMLWill Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...

 

HTMLClass Action Defense Counsel adding ‘The Pick Off’ to Their Playbooks
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 21, 2014
In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the offer,...

 

HTMLHas America Woken Up To the Rural Hospital Crisis?
Shawn M. Riley; McDonald Hopkins LLC;
Legal Alert/Article
November 28, 2014, previously published on November 17, 2014
A recent article in USA Today summarized many of the struggles that rural hospitals are experiencing, focusing on several hospitals in the South. The article offers no new insights, but its appearance indicates that the problems confronting rural hospitals have now entered the mainstream...

 

HTMLCloud Services - Guidelines For Service Level Agreements
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
November 10, 2014, previously published on October 16, 2014
Cloud services are becoming increasingly important to organizations of all kinds. The European Commission recently issued Cloud Service Level Agreement Standardisation Guidelines to assist cloud service providers and cloud service customers. The Guidelines identify and explain many important issues...

 

HTMLHealthcare Home Monitoring Company Avoids FCRA Liability Over Stolen Laptop
Michael J. Zbiegien; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 8, 2014, previously published on October 13, 2014
Theft or accidental loss of a laptop, thumb drive or other device is “[t]he single most common way that protected health information is compromised.” And while violating the Health Insurance Portability and Accountability Act’s Privacy and Security Rules can result in...

 

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...

 


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