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|Infringement Suit for SCOTT Dismissed Due to Lack of Evidence of Confusion and No Loss of Goodwill|
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
January 5, 2016, previously published on December 17, 2015The Federal Court has dismissed the Plaintiff's claims for infringement and passing off pursuant to sections 7(b), 7(c), 19, 20 and 22 of the Trademarks Act, for the word marks SCOTT and AIR-PAK, and a stylized SCOTT.
|Wyndham and FTC Settle Case Over “Unfair” Data Security Practices|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 29, 2015, previously published on December 10, 2015The years-long saga of the Federal Trade Commission’s suit against Wyndham Hotels over data breaches that occurred at least as early as April 2008 is finally coming to an end with a proposed settlement filed today with the court. The original complaint, which is summarized in this post from...
|Trouble Brewing for International Data Transfers Under U.S.-EU Safe Harbor|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 25, 2015, previously published on September 23, 2015Today the EU threw a huge wrench into one of the ways that personal data goes back and forth between EU countries and the U.S., as reported in Mintz Levin’s Privacy and Security Matters Blog. Companies that currently rely on the U.S.-EU Safe Harbor Program - as many in the health care...
|ECJ Advocate General’s Opinion Points Towards Imminent End of Safe Harbor As We Know It|
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 25, 2015, previously published on September 23, 2015Does your company rely on Safe Harbor to transfer personal data from Europe to the US? If so, it’s time to think about alternatives to Safe Harbor - and fast.
|Nevada, Washington and North Dakota Expand Data Breach Definition and Notice Requirements|
Lindsay B. Nickle, Kevin M. Scott; Wilson Elser Moskowitz Edelman & Dicker LLP;
August 6, 2015, previously published on July 29, 2015Continuing the trend of states expanding their data privacy laws, companies that store and transmit personal information about residents of Nevada, Washington and North Dakota must now take note of additional data-element definitions and notice requirements following data breach incidents. In...
|Twitter Terrorism: Criminals Choose the Hack Attack|
Ian A. Stewart, Scott Sweeney; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 14, 2015, previously published on July 6, 2015In what appears to be yet another brazen demonstration of capability following an earlier hijack of government social media sites, a group calling itself the Syrian Electronic Army (SEA) recently hacked into the U.S. Army’s main news and public information website, positing its own message...
|Registration of a private security company in South Africa|
Fulgence Kalema Bwatunda; Emery Mukendi Wafwana & Associés;
June 29, 2015, previously published by Lexology on May 9, 2013Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims...
|Major Changes to Capital Raising Exemptions in Canada: Is This Good News or Bad News for Issuers?|
Robert N. Black, Sarah Bode, Don Collie; DLA Piper (Canada) LLP;
April 16, 2015, previously published on April 7, 2015The Canadian Securities Administrators (CSA) have announced that they are implementing significant changes to the “accredited investor” (AI) and “minimum amount” prospectus exemptions set out in National Instrument 45-106 Prospectus and Registration Exemptions. On the same...
|Canadian Securities Administrators Publish Consultation Paper 92-401 - Derivatives Trading Facilities|
Christopher Bamford, Candace Pallone, Barry J. Ryan; McCarthy Tétrault LLP;
April 15, 2015, previously published on April 8, 2015On January 29, 2015, the Canadian Securities Administrators (“CSA”) Derivatives Committee published for comment Consultation Paper 92-401 - Derivatives Trading Facilities (the “Consultation Paper”), its seventh in a series of high-level consultation papers examining reform...
|OSC Accepts Circumstantial Evidence of Tipping and Insider Trading in Important New Decision|
Shane C. D'Souza, Rene R. Sorell; McCarthy Tétrault LLP;
April 2, 2015, previously published on March 30, 2015In the recent Azeff decision, which followed a contested hearing, the Ontario Securities Commission (OSC) accepted several insider tipping and trading allegations based on “firmly established” circumstantial evidence against a mergers and acquisitions (M&A) lawyer and four registrants....