Privacy

Expert Analysis

What To Expect When You're Under A CFPB Investigation

If your company is the recipient of a civil investigative demand from the Consumer Financial Protection Bureau, the process is not an easy one. But there are many ways to successfully negotiate the scope of a CID. The more details you provide to support your rationale for seeking the modification and substantiate claims of burden, the greater likelihood you will succeed, say attorneys with Venable LLP.
How To Get The Most Out Of Your Statistical Sampler

Statistical sampling is a powerful tool and a recognized statistical specialty. While many people are capable of drawing simple samples, it often requires different and more advanced expertise to design the types of complex samples needed for litigation. There are a number of ways ways attorneys can work with their experts to solve the types of “real world” problems that are likely to arise, says Dr. Eugene Ericksen of NERA Economic Consulting.
Complying With HIPAA: A Blur For Health Tech Cos.

Determining whether a company is subject to the Health Insurance Portability and Accountability Act requirements is not always straightforward, especially for companies in the health technology space. Important to know are the two ways in which a company can become subject to HIPAA, says Ross Friedberg of Epstein Becker & Green PC
Recent Trends In Cybersecurity Scrutiny

The U.S. government's increasing focus on cybersecurity issues, as well as a recent pro-policyholder decision from the Sixth Circuit regarding insurance coverage for cybersecurity losses, reinforce the importance for companies of analyzing their insurance portfolios and being willing to question and challenge coverage denials, say Barry Buchman and Adrian Azer of Gilbert LLP.
Legal Industry Trends: Lawyer Salaries And Job Growth

An analysis of U.S. Bureau of Labor Statistics data reveals that employment prospects for lawyers remain weak in the Northeast while the market for legal services is much stronger in the Mountain West and South Atlantic regions. Among other findings, lawyer salary increases in the Northeast are likely to lag, whereas those in the Mountain West and South Atlantic regions are likely to rise sharply, says Stephen Bronars of Welch Consulting Ltd.
Restrain Google's Monopoly By Empowering User Privacy

Google’s monopoly position is largely due to its unrivaled control of user personal data, which in turn allows it to demand a monopoly premium price from online advertisers. And it is precisely through violating user privacy that Google in turn gains that control of user data. So as competition authorities in Europe and the U.S. begin to think about antitrust remedies, they should be cribbing notes from their privacy counterparts, says Nathan Newman of Tech-Progress.org.
In The FDA Crosshairs: Composite Scores In Drug Ads

The U.S. Food and Drug Administration believes that most direct-to-consumer drug advertisements do not explain that the pharmaceutical company has used composite scores to demonstrate the drug's efficacy. Pharmas should be aware of two upcoming FDA studies, the results of which may ultimately impact requirements with respect to DTC advertising and how composite scores may be used, says Kinnier Lastimosa of Sedgwick LLP.
A View From Inside The Litigation Finance Market

Some critics have suggested that third-party litigation financing raises ethical issues, while others contend it will somehow lead to the filing of a new wave of frivolous suits. Those concerns are unfounded. Over the past few years, the courts, the American Bar Association and the New York City Bar have all concluded that outside litigation financing is entirely proper, says Andrew Langhoff of Burford Group LLC.
Mazza Not Wonderful Enough For Pom

Defense practitioners hoping to rely on the Ninth Circuit's ruling in Mazza v. American Honda Motor Co. Inc. in nationwide consumer class actions must fully appreciate perceptions of the scope and basis for that holding, as the Central District of California most recently highlighted with its decision in In re Pom Wonderful LLC Marketing and Sales Practices Litigation, say Paul Cereghini and Robert Wise of Bowman and Brooke LLP.
Fashion Industry Puts On Its Game Face

Although an unlikely pairing, fashion and interactive games seem primed for success as the innovative use of online gaming for marketing purposes continues to evolve. While making a game about clothes is simple from a marketing perspective, actually letting that game into the wild to interact with intellectual property and consumer privacy laws can be more complicated, say attorneys with Sheppard Mullin Richter & Hampton LLP.