Member Blog Posts

    Blog: Privacy and Information Security Law Blog

    OFAC Settlement Illustrates Sanctions Compliance Risks for Foreign Asset Managers Trading U.S. Securities

    On March 14, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control announced a settlement with EFG International AG regarding violations of OFAC rules alleged to have occurred as a result of the firm’s buying, selling and holding U.S. securities on behalf of persons sanctioned by OFAC. This blog entry provides a link to a client alert on this topic. Continue Reading

    Blog: Patent 213

    A Port in the Infringement Storm: When 35 U.S.C. § 271(e)(1)’s Safe Harbor Applies

    Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least for now). More specifically, a divided panel of the Federal Circuit issued an opinion affirming the Northern District of California’s grant of summary judgment to Meril... Continue Reading

    Blog: Garrigues Intellectual Property Blog

    “You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material

    A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally. A plant variety must meet four requirements for the breeder to obtain exclusive protection: novelty, distinctness, uniformity […] La entrada “You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material apareció primero en Intellectual and Industrial Property Blog - Garrigues.

    Blog: NY Patent Decisions Blog

    Judge Rakoff Orders Lab-Made Diamond Maker to Pay Fees for Manufacturing Fake Claims

    On February 21, 2024, Judge Rakoff (S.D.N.Y) granted a defendant’s motion for attorney’s fees and costs in Carnegie Institute of Technology v. Fenix Diamonds. The Carnegie Institution for Science and its patent licensee, the now-bankrupt M7D Corp., accused Fenix Diamonds of infringing on two patents (the ‘078 Patent and the ‘189 Patent) directed to producing [...]

    Blog: Blockchain Legal Resource

    OFAC, BIS and DOJ Issue Guidance for Foreign Companies to Comply with US Sanctions and Export Control Laws

    US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) and the US Department of Justice (DOJ), collectively issued guidance regarding the obligations of non-US based companies and persons to comply with US sanctions (Tri-Seal Compliance Note: Obligations of foreign-based persons to comply with US sanctions and export control laws) (Compliance Note). Continue Reading

    Blog: Privacy & Data Management Blog

    Is it a privacy breach if an employer accesses the direct messages in their former employee’s social media account?

    Employers sometimes discover evidence that a former employee may be or have been in breach of their obligations to the employer. Sometimes the employee’s own direct messages on social media accounts corroborate wrongdoing. Is it a privacy breach if an employer accesses the social media direct messages, and can the employee sue them for breach of privacy? A recent ...

    Blog: Antitrust Update

    Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

    On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the 2023 Merger Guidelines.  The new Merger Guidelines align closely with the objective—expressed by both FTC and DOJ—to expand the types [...]

    Blog: Ireland IP & Technology Law Blog

    Beyond the AI Act: The AI Liability Directive & the Product Liability Directive

    Introduction Following the political agreement reached on the terms of the EU’s AI Act in December, the EU seems set to lead the way in adopting a novel regulatory framework to regulate the use and development of artificial intelligence (AI). Whilst the spotlight has largely focused on the AI Act, the EU’s AI regulatory framework...Continue Reading…

    Blog: Online and On Point

    Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024

    The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in ransomware incidents reported to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Hacking alone... Continue Reading

    Blog: The Firewall

    Will the New York Times Take Down Large Language Models?

    That whistling sound you hear may not be an old-school newspaper walking past a graveyard—it may well be an AI industry-killing asteroid. On December 27, 2023, the New York Times filed a groundbreaking suit against OpenAI and Microsoft. The Times alleged copyright infringement, vicarious copyright infringement, contributory copyright infringement, violations of the Digital Millennium Copyright... Continue Reading

    Blog: Drone Law Blog

    Privacy Rights and Public Perception – What Didn’t Change in COVID

    We came across an interesting article in Slate that highlights an example of one police department in Connecticut that sought to use drones to help flatten the curve in the early months of the COVID-19 pandemic—allegedly by using drones equipped with tools that could monitor compliance with social distancing guidance and potential symptoms such as elevated temperature […]

    Blog: HB Briefly

    Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed?

    If you’re litigating a putative class action in federal court and get a class certification order that is adverse to your client (whether plaintiff or defense), you may petition to take an immediate appeal of that order.  Fed. R. Civ. P. 23(f). The petition to appeal must be filed quickly—within 14 days.  Id.  The short turnaround time … Continue reading Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed? → The post Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsiderat...

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