Tuesday, October 21, 2014

BNA INSIGHTS: The Proliferation of Mobile Devices and Apps for Health Care: Promises and Risks

The popularity of smartphones like the Droid and iPhone as well as tablet devices such as the iPad means that people are able to accomplish many things without physically sitting in front of a computer or even being in the office…

Split Supreme Court Strikes Vermont Data Mining Law, Says Statute Burdens Free Speech

In a 6-3 decision, the U.S. Supreme Court June 23 declared unconstitutional a Vermont statute that bars pharmacies from selling or disclosing information that identifies physicians and the medications they prescribe for marketing purposes and precludes pharmaceutical manufacturers from using such information to market their products (Sorrell v. IMS Health Inc., U.S., No. 10-779, 6/23/11)…

Supreme Court Takes Two More Patent Cases for Term Beginning in October

Patent law will once again be featured in U.S. Supreme Court deliberations next fall, as the court June 27 added two more certiorari grants to the Mayo v. Prometheus review decision less than a week earlier…

House Approves Patent Reform Bill 304-117 As Dissent on PTO Funding Change Quelled

After a rough first night of debate on its version of patent reform, H.R. 1249, the U.S. House of Representatives approved the measure June 23 with a change to the provision banning diversion of fees collected by the Patent and Trademark Office that arguably does not change the status quo, a controversial departure from the Senate counterpart…

Divided SEC Adopts Hedge Fund, Private Fund Adviser Registration Rules

A sharply divided Securities and Exchange Commission June 22 voted 3-2 to adopt new rules and amendments to register hedge fund and private fund advisers, and to impose reporting requirements for funds exempt from registration…

BNA INSIGHTS: Wiretap Evidence Raises the Bar For Insider Trading Convictions Following Rajaratnam Case

The most far-reaching consequences of Raj Rajaratnam’s trial and conviction last month on the 14 securities fraud and conspiracy counts he was facing will undoubtedly result from the fact that the verdict was delivered by jurors who had listened to 45 different wiretap recordings in court…

EPA Proposal Would Allow Energy Companies to Use Alternative Emissions Calculations Through 2011

The Environmental Protection Agency is proposing to allow oil and natural gas operations to use alternative emissions calculations through 2011 without obtaining prior approval from the agency under a greenhouse gas reporting rule, according to a proposed rule to be published in the Federal Register June 27…

BNA INSIGHTS: The Supreme Court’s AEP Decision on Legislative Displacement of Federal Common Law Nuisance Claims and Its Implications for Climate Change Tort Litigation

In American Electric Power v. Connecticut, the U.S. Supreme Court decided what many observers believe was an important environmental case. The authors argue that the AEP decision could have important implications, particularly with the court’s lack of a precedential holding on standing, and because the decision did not address state tort claims. AEP left a number of issues unresolved, they contend, and state and federal courts, regulators, and legislators will continue to grapple with the question of whether and how to address climate change in the months and years to come…

Senate Judiciary Committee Approves Bill To Make Online Streaming A Felony

By a voice vote June 16, the Senate Judiciary Committee approved the Commercial Felony Streaming Act (S. 978), which would make it a felony to stream copyrighted works without authorization…

Senate Approves Amendment to Repeal Ethanol Tax Credit

The Senate June 16 easily adopted an amendment (S. Amdt. No. 476) to a reauthorization of the Economic Development Revitalization Act (S. 782) that would repeal the ethanol blender’s tax credit, signaling growing support to eliminate the subsidy as negotiations continue to find an appropriate vehicle to end the credit…

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