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Biden and McCarthy Set for More Talks as Debt Ceiling Deadline Nears
Tuesday’s negotiations at the White House come a day after the Treasury Department reiterated that the government could run out of money to pay its bills by June 1.
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Despite Instituting IPR, PTAB Invites Patent Owner to Re-Raise Challenge to Expert’s Qualifications at Trial
The Patent Trial and Appeal Board recently instituted an inter partes review where the patent owner argued that the petitioner failed to establish its expert as a person of skill in the art, which would have rendered the expert’s testimony inadmissible under Kyocera Senco Indus. Tools Inc. v. Intl. Trade Commn., 22 F.4th 1369 (Fed.…
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Illinois Supreme Court Opens the Door for Huge Damages Claims in BIPA Actions
The Illinois Supreme Court issued a pair of decisions related to the Illinois Biometric Information Privacy Act (BIPA) that continue to ratchet up compliance pressure on businesses. On February 17, 2023, the Illinois Supreme Court ruled in a narrow 4-3 majority that a separate claim for damages accrues each time a business violates the state’s…
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White Collar Crime Conference Talks Healthcare Fraud
The Boston Bar Association held its annual White Collar Crime Conference on May 4, 2023, featuring lawyers from the defense and plaintiffs’ bar and current and former prosecutors from the US Attorney’s Office for the District of Massachusetts (Office) and the Office of the Massachusetts Attorney General….By: Morgan Lewis – As Prescribed
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A U.S. View on the UPC – Part 3: Know Your Audience – Of Judges, Juries, Masters, and Experts
On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to…
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FDA Issues Draft Guidance on Decentralized Clinical Trials for Drugs, Biological Products and Devices
Over the past few years, the life sciences and healthcare industries have experienced a notable increase in focus and interest in decentralized clinical trials (DCTs), in which some or all of the trial-related activities occur at locations other than traditional in-person clinical trial sites, along with the technologies and other offerings that typically support them.…
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Whitworth University Notifies 65,593 Students of Data Breach Involving Their SSNs
On April 28, 2023, Whitworth University filed a notice of data breach with the Attorney General of Maine after the school learned that a ransomware attack exposed confidential student information to unauthorized access. Based on the company’s official filing, the incident resulted in an unauthorized party gaining access to students’ first and last names, Social…
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Renewal by Andersen Notifies 13,464 About Recent Data Breach Involving Consumer SSNs
On May 12, 2023, Renewal by Andersen (“Renewal”) filed a notice of data breach with the Office of the Maine Attorney General after confirming that a security incident involving the company’s IT network resulted in an unauthorized party gaining access to confidential consumer data. Based on the company’s official filing, the incident resulted in an…
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Federal Investigation of Anterior Growth Guidance Appliance (AGGA) Dental Device Prompts Wave of Lawsuits
When a doctor suggests that a medical device may help you, they’ll explain a little bit about how the device works; however, truly understanding how any given device works often requires either a medical or scientific background which most patients, understandably, do not have. Thus, patients, as well as their doctors, place a tremendous amount…
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Third-Party Data Breach at NCB Management Services Affects 15,549 TD Bank Customers
On May 12, 2023, TD Bank filed a notice of data breach with the Office of the Maine Attorney General after the company was informed by NCB Management Services, Inc. about a data incident affecting the security of certain TD Bank customers. Based on the company’s official filing, the incident resulted in an unauthorized party…