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AI-Specific Representations in Tech M&A
Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI continues to evolve rapidly, we expect to encounter myriad representations and warranties aimed at specific issues in intellectual property rights, data rights, and regulatory…
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SEC Approves Listings of Spot Ether ETFs: Waiting is the Hardest Part
On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate exchange-traded funds (“ETFs”) that invest in ether, the main crypto asset supporting the Ethereum blockchain….By: Mayer Brown
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Cyber Security Obligations Under the EU AI Act
With the EU’s AI Act coming into force imminently, those designing, developing, and/or deploying AI will need to start getting to grips with the myriad of new obligations, including new cyber security requirements….By: Ius Laboris
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Paging Cybersecurity: Healthcare Providers Need to Make a “Change” to Protect Themselves, and Their Patients, Against Cyberattacks
In February 2024, the healthcare industry was rattled by a significant cyberattack targeting Change Healthcare (“Change”), a subsidiary of UnitedHealth Group, one of the largest health insurance companies in the world. The breach sent shockwaves throughout the healthcare ecosystem, raising concerns about patient data security, operational integrity, and the vulnerability of critical infrastructure. As the…
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Maryland PDAB Selects Six Drugs for Cost Review
During its meeting on May 20, Maryland’s Prescription Drug Affordability Board (PDAB) unanimously voted to conduct cost reviews on six of eight products it was considering (see table below). Maryland is the third PDAB, following Colorado and Oregon, to select drugs for a cost or affordability review….By: Manatt, Phelps & Phillips, LLP
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Malouf Companies Notifies Consumers of February 2024 Data Breach
On May 23, 2024, CVB, Inc. d/b/a Malouf Companies (“Malouf”) filed a notice of data breach with the Attorney General of Vermont after discovering that an unauthorized actor accessed the company’s computer network. In this notice, Malouf explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information….By: Console and…
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Challenge to Sovereign Immunity/Damages Cap
In Freilich v. Se. Pennsylvania Transportation Auth., 302 A.3d 1261 (Pa. Commw. Ct. 2023), appeal granted, No. 245 EAL 2023, 2024 WL 1044586 (Pa. Mar. 11, 2024), the Pennsylvania Supreme Court was asked whether Section 8528(b)’s statutory cap on damages of $250,000 violates Article I, Section 6 and Article I, Section 11 of the Pennsylvania…
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Defendant’s Motion to Dismiss Plaintiffs’ Complaint Granted in Part
U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from asbestos-containing products through his employment at the Todd Shipyards, on the RMS Queen Mary, automotive work, and home renovation projectsfrom the 1960s to 1990s….By:…
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Florida Supreme Court Says Permissive Language of Florida PIP Statute and Policy Provisions Dictate Payment of Medical Expenses by Insurers
In Florida, personal injury protection (PIP) coverage limits reimbursement of medical charges to 80% of “all reasonable expenses.” What is “reasonable” is generally determined by a statutory schedule of maximum charges……By: Rumberger | Kirk
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Lakeview Health Files Notice of Data Breach Affecting Consumers’ Social Security Numbers
On May 30, 2024, Lakeview Health filed a notice of data breach with the Attorney General of Texas after discovering that an unauthorized party was able to access confidential patient information after gaining access to the company’s computer network. In this notice, Lakeview Health explains that the incident resulted in an unauthorized party being able…