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HTMLRisky Business: BLG Sees Cyber Risks Underlining Challenges to Canadian Businesses
Eusis Dougan-McKenzie; Borden Ladner Gervais LLP;
Legal Alert/Article
January 16, 2015, previously published on December 16, 2014
Toronto (December 16, 2014) — Cyber risks will be a dominant issue for Canadian businesses in 2015, according to Borden Ladner Gervais LLP (BLG) in its 2015 Top 10 Business Risks report. Following a Statistics Canada report that 14 per cent of large enterprises experienced an Internet...

 

HTMLEU: Article 29 Working Party Publishes Guidance Stating that the ‘Right to Be Forgotten’ Applies to .Com Domains
Annie Clarke, Sarah Pearce; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 10, 2015, previously published on December 8, 2014
We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based...

 

HTMLEU Council of Ministers Makes Progress on the Processing of Data in the Public Sector and the Creation of a “One-Stop-Shop” Mechanism for Resolving Cross-Border Data Protection Complaints
Sarah Pearce; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 10, 2015, previously published on December 10, 2014
The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member...

 

HTMLNot Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case
Loeb Loeb LLP;
Legal Alert/Article
December 23, 2014, previously published on October 30, 2014
In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's denial of class certification and its issuance of...

 

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...

 


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