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Regulation

  • Five years ago, Russian hackers broke into the Wyndham Hotels computer network and stole the credit card information for thousands of customers, a security breach that has now put the novel question of whether the FTC can sue a company for failing to properly secure its data in front of the Third Circuit.

    April 02, 2015Saranac Hale Spencer
  • The year 2015 is here ' in fact, the first quarter of 2015 has already flown by ' and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice.

    April 02, 2015Jennifer S. Kiesewetter
  • In its first-ever ruling in an appeal from a final decision in an inter partes review (IPR) under the America Invents Act, the Federal Circuit affirmed the PTAB's rulemaking for conducting IPR proceedings. The Federal Circuit's decision leaves in place IPR rules that increase the likelihood of invalidating patents and solidifies IPR as an attractive alternative to district court litigation.

    April 02, 2015Daniel Melman
  • In an opinion that has defined a section of the Computer Fraud and Abuse Act (CFAA), a law that has been clouded by decades of amendments, a federal judge in Philadelphia has ruled in favor of an Internet startup company and against retail giant QVC.

    April 02, 2015Saranac Hale Spencer
  • In an attempt to raise revenues and simplify the tax code, the House Ways and Means Committee has proposed a draft tax reform plan containing sweeping changes to the Internal Revenue Code (the Code), including a number of major executive compensation and benefits changes. The most significant of those could be the elimination of deferred compensation and nonqualified pensions.

    April 02, 2015Lawrence L. Bell
  • One of the most frequent questions that we have at the moment is about the timetable for Europe's changes to data protection laws. Needless to say, there is no definite answer. However, the path forward may recently have become just a little clearer.

    April 02, 2015Jonathan Armstrong
  • Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.

    April 02, 2015Jeffrey T. Green
  • Federal Circuit: Application by PTAB of Broadest Reasonable Interpretation Standard in Claim Construction Upheld Under the AIA

    February 28, 2015Jeffrey S. Ginsberg and Brooke Hazan
  • As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. Although many associate data breaches with hackers or cyberattacks, human error, such as a mistake in computer coding or losing a company laptop, also results in significant breaches.

    February 28, 2015Sherilyn Pastor and Kelly Lloyd