Thursday, April 17, 2014

BNA INSIGHTS: Quality Control: A Must in Trademark Licenses

A recent decision by the Ninth Circuit, FreecycleSunnyvale v. Freecycle Network, reaffirmed that licensing a trademark without quality control will result in the loss of the underlying trademark rights…

Senate Approves Patent Reform Bill, But House Debate Already Raises Issues

The nation’s capital was abuzz with patent reform talk throughout the week of the U.S. Senate’s March 8 approval of a patent reform bill, S. 23. Optimism for a quick conclusion to the six years of congressional debate on the topic was short-lived, though, as two hearings in the U.S. House of Representatives exposed a continuing disagreement on some key issues…

Japan’s Nuclear Emergency Prompts Obama to Order Review of U.S. Plant Safety

President Obama has ordered a comprehensive review of the safety of U.S. nuclear power plants in response to Japan’s nuclear crisis at the Fukushima Daiichi power plant…

BNA INSIGHTS: 2010 U.S. Foreign Corrupt Practices Act Enforcement Year-End Review

Foreign Corrupt Practices Act enforcement in 2010 continued to outpace prior years, setting new records both for the number of prosecutions and enforcement actions filed and for the substantial corporate penalties and individual sentencing resulting from the corporate prosecutions…

BNA INSIGHTS: 2010 U.S. Cost of a Data Breach

Ponemon Institute’s 2010 report on the cost of a data breach for U.S. companies found that for the second year in a row, escalating data security threats and compliance pressures to combat them drove more organizations to respond so rapidly to data breaches that they paid significantly higher costs…

BNA INSIGHTS: Compliance Program Implications of Recent HIPAA Privacy Enforcement Activities

On Feb. 22, the Department of Health and Human Services’s (HHS) Office for Civil Rights (OCR) announced the first time use of civil monetary penalties (CMP) on a covered entity for violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule in the amount of $4.3 million…

Obama Administration, in Major Policy Shift, Seeks ‘Privacy Bill of Rights’

In a significant privacy rights strategy shift, the Obama administration March 16 for the first time called on Congress to pass “privacy bill of rights” legislation to protect consumers…

Supreme Court Will Review Constitutionality of Uruguay Round Restoration of Copyright Protection for Foreign Works

On March 7, the U.S. Supreme Court granted a petition for a writ of certiorari in the appeal of a decision by the U.S. Court of Appeals for the 10th Circuit upholding the constitutionality of a federal statute that restored copyright protection to foreign works…

Corporations Lack ‘Personal Privacy’ Protected by FOIA, Supreme Court Rules

The Freedom of Information Act exemption 7(C), which protects against unwarranted invasion of “personal privacy,” does not extend to corporations, the U.S. Supreme Court held unanimously March 1, reversing the U.S. Court of Appeals for the Third Circuit…

BNA INSIGHTS: California Supreme Court Opens Potential Floodgate for Lawsuits Based on Retailers’ Collection of Zip Codes

At least eighteen lawsuits have been filed against retailers since the California Supreme Court’s recent decision in Pineda v. Williams-Sonoma Stores Inc., which held that a retailer who requests and records zip codes from customers paying by credit card violates California’s Song-Beverly Credit Card Act…

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