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19 Jul 2024, 1:10 pm by John Ross
" And since the drag-show group likens its performances to Shakespeare and Ancient Greek theater, it hasn't carried its burden of showing that it plans to arguably violate the law. [read post]
2 Feb 2017, 6:04 pm by Cynthia Marcotte Stamer
A just-announced $3.2 million Health Insurance Portability & Accountability Act (HIPAA) Civil Monetary Penalty (CMP) paid by Children’s Medical Center of Dallas (Children’s)  for failing to adequately secure electronic protected health information (ePHI) and correct other HIPAA compliance deficiencies teaches many key lessons for employer and other health plans and insurers, healthcare clearinghouses, healthcare providers and their business associates (“Covered… [read post]
2 Mar 2010, 10:04 am by Rebecca Tushnet
Plaintiff (Subway) sued defendants (Quiznos and iFilm) for Lanham Act false advertising and state law commercial disparagement and unfair trade practices, arising out of an ad campaign including two national TV commercials and internet ads centering on Quiznos’ “double meat” line of sandwiches. [read post]
24 Dec 2013, 5:45 am by Barry Sookman
In the last decade, the Supreme Court of Canada has canvassed many important issues in copyright law including the scope of the rights of reproduction and authorization, what makes a work original, and how to apply the fair dealing defense. [read post]
29 Aug 2008, 1:25 pm
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: CAFC sets strict standards to establish inequitable conduct: Star Scientific v R J Reynolds Tobacco: (Hal Wegner), (Maryland Intellectual Property Law Blog), (Patent Prospector), (Patent Docs), (Patently-O), (more from Patently-O), (Philip Brooks), (Law360), (I/P Updates), Safe harbour ruling in Io v Veoh could help YouTube in Viacom battle: (Ars… [read post]
15 Sep 2017, 5:45 am by Kenneth Vercammen Esq. Edison
JUSTICE HANDLER did not participate.SUPREME COURT OF NEW JERSEYA- 11 September Term 1993 STATE OF NEW JERSEY,    Plaintiff-Appellant,        v.DAVID MORTIMER,    Defendant-Respondent. [read post]
12 Jan 2021, 2:19 pm by Kevin LaCroix
-listed corporations and insurers expense to defend complex litigation against different cohorts of plaintiffs. [read post]
26 Apr 2017, 6:14 pm by Cynthia Marcotte Stamer
A new Department of Health and Human Services Office of Civil Rights (OCR) CardioNet Resolution Agreement and Corrective Action Plan  (Resolution Agreement) settling OCR charges of violations of the Privacy and Security Rules of the Health Insurance Portability & Accountability Act against remote cardiac monitoring provider CardioNet provides important lessons for health plans, health insurers telemedicine and other healthcare providers, healthcare clearinghouses (Covered… [read post]
24 Apr 2017, 5:08 pm by Cynthia Marcotte Stamer
Health plans, their fiduciaries and sponsors, health insurers, health care providers, health care clearinghouses (“covered entities”) and their business associates must get and keep your business associate (BA) agreements (BAAs) in place, up- to-date, and readily available for inspection in accordance with the Health Insurance Portability & Accountability Act (HIPAA) Privacy Rule, 45 C.F.R. [read post]
10 May 2017, 3:14 pm by Cynthia Marcotte Stamer
Healthcare providers, health plans, healthcare clearinghouses and their business associates (Covered Entities) can’t disclose the name or other protected health care information about a patient in press releases or other announcements without prior authorization from the patient. [read post]
21 Jan 2015, 10:59 am by Abbott & Kindermann
This case presents the following issue: When a lead agency performs a subsequent environmental review and prepares a subsequent environmental impact report, a subsequent negative declaration, or an addendum, is the agency’s decision reviewed under a substantial evidence standard of review (Mani Brothers Real Estate Group v. [read post]
5 Nov 2017, 2:56 pm by Kevin LaCroix
  The SEC is not the only national securities regulator to have stepped in to the ICO arena. [read post]
9 Dec 2008, 7:16 pm
  Johnson  also noted that many, many amicus briefs were filed by  national organizations on both sides of the  issues in this case, so the trial judge and the Supreme Court are not deprived of any information relevant to making this decision. [read post]
26 Mar 2020, 4:23 pm by Eugene Volokh
Argument … The Plaintiffs are likely to succeed on the merits because categorical bars on the ability to acquire firearms are per se unconstitutional. [read post]
15 Nov 2009, 10:16 am
Unless and until we see an outbreak of shareholder suits or SEC enforcement that stings a group of CEOs or directors, or an improvement in the accounting rules, honest accounting will be perceived as a voluntary matter. [read post]
29 Sep 2023, 5:53 am by Eugene Volokh
The second-person pronoun "you" likewise can refer to one person or many people, something that was also discussed in Professor Garner's National Review article. [read post]
25 May 2010, 2:16 pm by David Walk
Maybe someone will follow this NEJM-approved “scientific” approach to public policymaking and make serious proposals to reform the nation’s regulation of doctors based solely on 30 to 45 minute interviews of 26 successful medical malpractice plaintiffs. [read post]
6 Sep 2019, 11:43 am
 I was delighted to have been asked to contribute thoughts on Chinese Social Credit Systems with a group that is producing some very exciting work: Yongxi Chen (Hong Kong University) and Mareike Ohlberg (Mercator Institute for China Studies, MERICS, Berlin); Björn Ahl (Cologne) will chair our engagement.The Conference organizers are circulating the essays of participants. [read post]