In the recent case of International Information Systems Security Certification Consortium v. Security University, LLC, the Second Circuit articulated its test for analyzing nominative fair use claims in trademark infringement cases.
Recent reports indicate that advertising fraud is not only increasing but is now being run by groups alongside otherwise legitimate advertising businesses.
On Monday, July 11, 2016, the Office for Civil Rights (OCR) released a fact sheet with guidance for covered entities and business associates on HIPAA and ransomware.
The House of Representatives has voted 306-117 to approve the bipartisan GMO disclosure bill to amend the Agricultural Marketing Act of 1946 and to establish a mandatory National Bioengineered Food Disclosure Standard.
On July 6th, CMS released a proposed rule (expected to appear in the Federal Register on July 15th) that, if it takes effect, could be devastating to hospital off-campus outpatient department reimbursement – an effect not intended by Congress, and certainly unwelcome to the healthcare industry.
Although the United States has had effective economic sanctions on North Korea for many years, the temporary softening of US sanctions in 2000 has given way to ever-increasing sanctions since 2008.
In a good outcome for employers, the US Court of Appeals for the Eighth Circuit ruled that a standalone non-compete agreement can be assigned to an asset purchaser without the employee’s consent.
Late Thursday night, the Senate voted 63-30 to approve a bipartisan GMO disclosure bill hammered out earlier by Agriculture Committee Chairman Pat Roberts (R-KS) and Ranking Member Debbie Stabenow (D-MI).
In a surprising and promising development, the Senate Finance Committee released a Majority Staff Report on June 30, 2016 that gives the health care industry some hope that Congress may finally address some of the serious concerns with the implementation and enforcement of the Stark law.
In St. Paul Mercury Insurance Company v. Tessera, Inc., the federal court held that a lawsuit against an insured alleging a breach of a license agreement did not constitute a violation of an intellectual property right.
Mobile advertising company InMobi, whose advertising network reaches more than one billion devices worldwide through thousands of apps, has settled with the Federal Trade Commission over charges that it “deceptively tracked” the locations of hundreds of millions of consumers without their knowledge
The first NOV involving register receipts was issued by the Center for Environmental Health against a restaurant in Lake Forest . California retailers appear to have two options: post warning signs in the store or switch to electronic receipts or BPA-free paper.
Last week, bipartisan legislation was introduced in the US Senate and the House of Representatives to amend the Controlled Substances Act and ease federal obstacles for medical researchers to conduct clinical studies on the medical benefits of marijuana.
Telemedicine has been growing by leaps and bounds over the past decade, moving beyond teleradiology to include a broad range of specialties such as neurology, infectious diseases, and psychiatry.
Data breaches continue to complicate the interpretation and understanding of commercial insurance policies. But even as courts confront thorny questions presented by cyber security policies, they continue to rely on long-standing principles of insurance and contract law.
On June 16, 2016, the Virginia Employment Commission (VEC) became the 31st state agency to sign a Partnership Agreement with the Wage and Hour Division of the Department of Labor (DOL) regarding the misclassification of independent contractors.
Consumer advocate groups—Public Knowledge, Consumer Watchdog, Center for Digital Democracy, Consumer Action, TURN-The Utility Reform Network and Consumer Federation of America—recently filed a complaint with the Federal Trade Commission and a petition with the Federal Communications Commission agai
Manufacturers were reminded recently why resale price maintenance policies can be risky.
On May 4, 2016, Quebec’s government published proposed regulations which would require businesses using signage bearing trademarks in languages other than French to incorporate a “sufficient presence of French” on their signs.
On Monday, the US Supreme Court ordered the Ninth Circuit to reconsider whether Service Advisors are exempt from overtime under the Fair Labor Standards Act.
An interesting case involving the patentability of database models came out of the Federal Circuit in Enfish, LLC v. Microsoft Corp. where the Court held that two patents covering a new type of database model were not invalid.
In a highly anticipated decision, the United States Supreme Court issued a unanimous opinion in Universal Services, Inc. v. United States ex rel. Escobar that threw out existing law related to the implied certification theory of liability under the False Claims Act.
From automated cars, syncing software, to wearable devices that interact with a vehicle, it is clear that our time in the car is under an era of rapid change.