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AI + the Health Care Industry: Ethical Considerations
The healthcare industry, like all industries, is experimenting with AI tools. As we have commented before, the legal issues that are present with the use of AI tools apply to all industries and consideration should be given to mitigating those risks….By: Robinson+Cole Data Privacy + Security Insider
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FTC Issues Policy Statement Confirming Its Position That Improperly Listing Patents in the Orange Book May Be Considered a Violation of the FTC Act
The Federal Trade Commission (FTC) has released a new Policy Statement addressing one of its long-standing concerns in the pharmaceutical industry: the improper listing of patents in the Orange Book. In an open meeting of the commissioners in September, the FTC voted unanimously to approve the issuance of the new statement, which directly addresses the…
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The 2023 FAA Reauthorization Package and its Impending Impact on the Drone Industry
The Federal Aviation Administration (FAA) has been working toward one goal when it comes to drones: get more of them safely in the air. However, right now, the FAA is without a permanent leader or a stable funding package. The Senate Commerce Committee recently held a hearing to consider a nomination for FAA Administrator; hopefully…
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Connecticut’s New Law on Consumer Health Data Is Now in Effect—Here’s What You Should Know
Connecticut is the latest state to establish wide-ranging privacy protections for consumer health data and the first to weave such protections into a preexisting comprehensive consumer privacy law. The new law, S.B. 3, amends the Connecticut Data Privacy Act (CTDPA), which took effect July 1, to include obligations and restrictions on processing, sharing and selling…
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Using AI to Replicate or Replace Human Creativity May Violate Intellectual Property Law
As artificial intelligence (AI) becomes better and more prevalent, people will increasingly use its computing power to supplement or replace human creativity. Film director Gareth Edwards attempted to do just that in his new movie, The Creator, about artificial intelligence. Edwards used an AI algorithm to attempt to replicate the musical style of composer Hans…
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Munich Re Prevails in Alabama Reinsurance Dispute
A federal court recently agreed with Munich Re that it was not obligated to reimburse an insurer for losses and fees the insurer incurred in litigation with its professional liability carrier regarding a bad faith claim stemming from a personal injury suit subject to the reinsurance treaty….By: Carlton Fields
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FirstSun Bancorp, the Parent Company of Sunflower Bank, Guardian Mortgage and First National 1870, Reports MOVEit Data Breach
On September 27, 2023, FirstSun Capital Bancorp, the parent company of Sunflower Bank, Guardian Mortgage and First National 1870 (collectively, “Sunflower”), filed a notice of data breach with the Attorney General of California. In this notice, Sunflower Bank explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information….By: Console…
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OrthoAlaska Announces Files Notice of Data Breach Affecting 176,203 with HHS-OCR
On September 22, 2023, OrthoAlaska filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that confidential information that had been entrusted to the company was subject to unauthorized access. In this notice, OrthoAlaska explains that the incident resulted in an unauthorized party being…
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Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion
The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive, incidental and consequential damages….By: Adams and Reese LLP
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Flagstar Bank, N.A. Announces Third-Party Data Breach at Fiserv, Compromising as Many as 837k Social Security Numbers
On October 6, 2023, Flagstar Bank, N.A. filed a notice with the Attorney General of Maine notifying consumers of a third-party data breach that involved the MOVEit server of Fiserv, a third-party vendor used by Flagstar Bank. In this notice, Flagstar Bank explains that the incident resulted in an unauthorized party being able to access…
