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Bad Medicine: 5 Lessons from the Connecticut AG’s Report on CTDPA Cure Notices
On February 1, 2024, the Connecticut Office of the Attorney General (“OAG”) issued a Report to the General Assembly’s General Law Committee (“Report”), summarizing the OAG’s enforcement efforts during six months since the Connecticut Data Privacy Act (“CTDPA”) became effective. As a reminder, Connecticut was the fifth state to pass a comprehensive consumer privacy law,…
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FDA Approves Edwards EVOQUE® Tricuspid Valve Replacement System
The U.S. Food and Drug Administration (“FDA”) recently approved the Edwards EVOQUE® Tricuspid Valve Replacement System (the “EVOQUE® system”) for use in treating Tricuspid Regurgitation (“TR”). The EVOQUE® system is designed to replace the native tricuspid valve in patients suffering from severe TR without the need for conventional open-heart surgery, according to the system’s Instructions…
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USPTO: AI Use in Invention Process Does Not Foreclose Patentability
In accordance with an executive order on the use of artificial intelligence (“AI”), the United States Patent and Trademark Office (“USPTO”) published guidance on February 13, 2024, that explained that a human can obtain a patent even in instances where “an AI system—like other tools—could perform acts that, if performed by a human, could constitute…
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Legislating Around AI-Driven Algorithm Concerns
Pricing algorithms are nothing new. They are, generally speaking, computer programs intended to help sellers optimize prices in real time, or close to it. These programs can use data on demand, costs, or even competitors’ prices to “learn” to set the prices of products. What is new is the proliferation of these programs across industries…
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Private Equity Cyber Risk: 6 Vital Tips for Building an Effective Cyber Risk Program With Limited Resources
Portfolio Cyber Risk At The Private Equity (PE) Level – The cyber threat landscape is continuously evolving, and the severity of attacks is showing no signs of slowing down making managing cyber risk a difficult task for any organization, regardless of size or industry. However, for Private Equity (PE) firms and their Portfolio Companies (PortCos),…
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Cybersecurity Company Discovers Vulnerability in Edulog’s Platform, Allowing Bad Actors to Access Student Location Info
On December 13, 2023, Tenable, a leading cybersecurity firm, announced that it discovered a vulnerability in a school-tracking app created by Education Logistics, Inc., d/b/a/ Edulog (“Edulog”). In this notice, Tenable explains that the incident resulted in an unauthorized party being able to access data regarding students, their schools, parents, bus routes, GPS information, and…
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Prudential Confirms February 2024 Cyberattack and Investigates Possible Data Breach
On February 12, 2024, Prudential Financial, Inc. (“Prudential”) filed a notice with the Securities & Exchange Commission describing a recent cyberattack that may have compromised sensitive information belonging to employees and contractors. In this notice, Prudential explains that it fully completed its investigation, but that it doesn’t believe any consumer data was leaked….By: Console and…
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Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied
Jurisdiction: Supreme Court of New York, New York County – Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be…
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How to Succeed in Business (in Philadelphia) Without Really Trying (Your Case There, Because Venue Isn’t Proper)
Venue rulings in Pennsylvania affect many defendants in products cases. Those incorporated here, and those sued on allegations that their products caused harm here, of course. And, for now at least, it includes corporate defendants registered to do business in Pennsylvania. They are subject to general jurisdiction, including for claims unrelated to the Commonwealth, under…
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Permitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was Not a Proximate Cause of Deadly Accident Where Driver Was Struck by a Hit-and-Run Driver While Standing Outside the Vehicle After Running Out of Gas.
Biamonte v. Biamonte, 219 A.D.3d 683, 194 N.Y.S.3d 553 (2d Dept Aug. 16, 2023) – The decedent driver had borrowed a vehicle from the defendant owner that had a malfunctioning gas gauge. The decedent ran out of gas and was forced to stop on a two-lane highway with a 50-miles-per-hour speed limit. After exiting the…