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|Michigan Enacts Law Allowing Local Stock Exchanges|
Nicholas M. Oertel; Foster, Swift, Collins & Smith, P.C.;
December 8, 2014, previously published on October 24, 2014On October 22, 2014, Governor Snyder signed Public Act 355 of 2014 into law. The cardinal rule of securities laws is that a person cannot sell a security unless the security is: (A) registered, or (B) exempt from registration. Public Act 355 creates a new exemption for secondary sales facilitated...
|The Second Wave of CASL: Transmission Data and Computer Program Rules in Effect Soon|
Chris Bennett, Bill Hearn, Tamara L. Hunter, David Spratley; Davis LLP;
December 3, 2014, previously published on November 7, 2014CASL’s anti-spam rules have been in effect for just over four months, and many organizations have adjusted (or are adjusting) to them. While anti-spam compliance is a work in progress, it is important to remember that CASL addresses more than just spam. Specifically, CASL’s altering...
|Mobile Health Apps are in a Boom Phase - Why is it so Hard for Pharmaceutical Companies to Find Users?|
Vinay Bhupathy; Sheppard, Mullin, Richter & Hampton LLP;
December 1, 2014, previously published on November 5, 2014Mobile medical and health applications have been in a boom phase for the past few years, but despite this trend, one group of entities has had trouble breaking into the mobile medical app sphere, pharmaceutical (i.e., pharma) companies. A recent report published by Research2Guidance, indicates that...
|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;
November 25, 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...
|CASL - Regulatory Guidance for Computer Program Installation Rules|
Bradley J. Freedman; Borden Ladner Gervais LLP;
November 25, 2014, previously published on November 12, 2014Effective January 15, 2015, Canada’s anti-spam law (commonly known as “CASL”) will impose restrictions and requirements for the installation and use of computer programs on another person’s computer system. The rules apply to almost any computer program (not just...
|Canada’s Anti-Spam Law - New Guidance on Offering Apps, Software|
Margot E. Patterson; Dentons Canada LLP;
November 21, 2014, previously published on November 12, 2014CASL also prohibits installing a “computer program” - including an app, widget, software, or other executable data - on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the...
|I Have Texts And Facebook Posts That Prove My Spouse Is Cheating. Does This Get Admitted In My Divorce Case?|
Samantha Evian; Obermayer Rebmann Maxwell & Hippel LLP;
November 20, 2014, previously published on October 8, 2014In a previous blog we posted about a spouses cheating and whether it’s a crime to spy on them. Following up with that post:
|HITECH Act Assures Meaningful Use & Care Coordination...For Some|
Brandon Danz; Obermayer Rebmann Maxwell Hippel LLP;
November 20, 2014, previously published on October 13, 2014The passage of the ARRA HITECH Act in 2009 fostered significant advancements in patient engagement and care coordination by incentivizing primarily physical health providers and acute care hospitals to make smarter use of technology. Specifically, the Act provided funding for eligible providers and...
|CASL - New Guidance on the Installation of Computer Programs|
Tim (Timothy) M. Banks; Dentons Canada LLP;
November 18, 2014, previously published on November 11, 2014The Canadian Radio-television Telecommunications Commission (CRTC) has released new guidance on the provisions of Canada’s Anti-Spam Legislation (CASL) dealing with the installation of computer programs. The installation of computer program provisions will come into force in just over two...
|Cybersecurity Assessment Observations|
Craig N. Landrum; Jones Walker LLP;
November 17, 2014, previously published on November 13, 2014In June 2014, the Federal Financial Institutions Examination Council ("FFIEC") launched a pilot cybersecurity testing program utilizing upcoming state and federal regulatory examinations at more than 500 community financial institutions. The purpose of the effort was to assess how these...