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|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...
|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...
|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...
|Cyberwarfare Is Here; Is the U.S. Prepared?|
Eric J. Sinrod; Duane Morris LLP;
November 17, 2014, previously published on October 28, 2014Practically every aspect of life now takes place in cyberspace in addition to in the traditional world we know. While at first blush that generally may sound like a good thing, warfare now also takes place online as part of real conflicts, and not just in the realm of computer games.
|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...
|Managing the Electronic Discovery Vendor Relationship|
Patrick Garbe, Chris Hansen; Mayer Brown LLP;
November 15, 2014, previously published on October 2014A large international company is in the midst of antitrust litigation. After carefully selecting the electronic discovery vendor that will handle the processing, hosting, review and production of the responsive documents, the company’s counsel needs to manage the vendor relationship...
|NARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims|
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
November 11, 2014, previously published on October 2014A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback and online reviews for marketing purposes that they must adhere...