regulations Archives

Anderson Kill’s 5th Annual Cyber Insurance Recovery Conference

May 6th, 2019|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: cybersecurity, data breach, data collection, data privacy, regulations|

[one-half-first][/one-half-first] [one-half]Recent news of "Collection 1", a cache of sensitive data now appearing for sale on the dark web and comprised of an astonishing 773 million records, is a grim reminder of the scope of cyber perils for most. Last year's staggering tally of serious data breaches and theft coupled with a spate of new legislation for companies gathering, hosting and selling consumer data means policyholders must rise to the challenge. New state legislation compounds an already daunting federal and international regulatory landscape, and regulatory compliance will be a must to deal with the attendant fines, penalties and consumer claims that non-compliance can trigger. New technology also continues to drive the evolving conversation about the legal relationships between parties transacting business electronically. Risks range from anonymity that raises jurisdictional and collection issues to “immutable” record keeping that creates a permanent, public record of transactions. --Anderson Kill [/one-half] Find out more about this complimentary seminar from Anderson Kill here!

Spotify Tells EU Apple is Hampering Competitors as Apple Music Surpasses Spotify in U.S. — MoginRubin

April 30th, 2019|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: complex litigation, Corporate & Securities, E-Commerce, Information Technology Law, regulations|

[one-half-first][/one-half-first] [one-half] "Apple Music recently surpassed Spotify in the U.S. market, according to the Wall Street Journal, signing up 28 million subscribers compared to Spotify’s 26 million. Spotify continues to have more total subscribers, however. "Spotify Founder and CEO Daniel Elk took to the company blog to make his case, saying, “Apple operates a platform that, for over a billion people around the world, is the gateway to the internet. Apple is both the owner of the iOS platform and the App Store—and a competitor to services like Spotify. In theory, this is fine. But in Apple’s case, they continue to give themselves an unfair advantage at every turn.” "In a recent statement, Apple says it revolutionized the distribution of music with iTunes, and did the same thing with the App Store, something that has created “many millions of jobs” and, it says, generated more than $120 billion for developers and new industries." Read the complete post on the MoginRubin Blog here! [/one-half]

National Geographic Disclosed Customer Info, Class Action Says — Top Class Actions Blog

April 14th, 2019|Categories: Class Actions, Corporate Compliance, HB Risk Notes|Tags: class actions, compliance, data privacy, Privacy, regulations|

[one-half-first][/one-half-first] [one-half] "The National Geographic class action states that prior to and at the time that he subscribed to the magazine, the company did not notify him that it discloses the personal reading information of its customers. "Markham also claims that he wasn’t provided with any written notice that National Geographic makes a practice of renting, exchanging, or otherwise disclosing personal reading information to third parties, and provides no means of opting out. "However, the National Geographic information disclosure class action lawsuit says that since subscribing to National Geographic and between Mach 26, 2016 andJuly 30, 2016, National Geographic disclosed Markham’s personal reading information to data aggregators, data appenders, and/or data cooperatives." Read the complete post by Top Class Actions Editor Emily Sortor here. [/one-half]

Two Judges Find Florida Medical Marijuana Law Unconstitutional

January 4th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes|Tags: cannabis, compliance, Corporate & Securities, emerging litigation, regulations|

The Program is 'Absolutely Broken' -- Now What? Edited by Tom Hagy Florida Circuit Judge Karen Gievers just held that the Florida medical marijuana law is unconstitutional. Reporting on the judge's Trulieve decision for the Florida Politics news service, journalist Jim Rosica called it "a rebuke to lawmakers and the Rick Scott Administration" that was "stunning even for" Judge Gievers. "In the spirit of boxing legend Muhammad Ali, known for his pre-fight rhymes, Gievers opined that in Florida 'the medical marijuana system was broken. Now, in the Constitution, the people have spoken.'" Rosica reported that while Gov. Scott is appealing the major marijuana decisions against the state Department of Health, the transition team of Republican Governor-elect Ron DeSantis, including Lt. Gov.-elect Jeanette Nuñez, has suggested that he will not continue to defend the law in court. Rosica continued: "Gievers, who retires in April, said her decision striking down the law 'includ(ed), but (is) not limited to, replacement of the voter-selected registry plan with an arbitrary, inconsistent licensing scheme … throttling access of qualifying patients to … safe use of medical marijuana from (providers that) the Department has a clear, undisputed duty to register.' In fact, just passing the law was itself unconstitutional, Gievers suggested: 'Voters made clear in 2016 that the Legislature was to have no role in implementing access to and [...]

CBD: Confusing Regulations May Soon Find at Least Some Clarity — But Proceed With Caution

July 16th, 2018|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes|Tags: cannabis, compliance, Corporate & Securities, Drug Laws, regulations|

By Tom Hagy July 16, 2018 Proponents say the medical benefits are many and magnificent. You can feel better without feeling stoned. While that will be disappointing to some, people enduring a variety of ailments may find relief, proponents and some studies say. From inflammation to pain to anxiety. From arthritis to alcoholism to diabetes. From psychoses to seizures. Cannabidiol may cure what ails you. And in many cases the science is there, even studies sponsored by the government, say the folks at Project CBD. While the regulations vary from state to state, and the definitions can be confusing, clarity is coming for at least the hemp-derived variety of products – as opposed to its sister cannabis plant, marijuana – with the likely passage of Senate Majority Leader Mitch McConnell’s Hemp Farm Bill. The measure is also noteworthy because it has drawn rare bipartisan support. CBD can be found in just about anything, from skin care products to pain medications to anti-seizure drugs—even beer. Companies, including large retailers, like Target, have tried to sell or are selling products containing CBD online or across state lines. While small compared to the marijuana industry, CBD is on a serious growth trajectory. “Spending on legal cannabis worldwide is expected to hit $57 billion by 2027,” according to an article at Forbes.com, written by Thomas [...]

CBD: Legal or Not? | Webinar | Aug. 16, 2018 | 2pm

July 13th, 2018|Categories: Corporate Compliance, HB Risk Notes, Law Firm Operations|Tags: compliance, Corporate & Securities, Law Practice Management, Legal Research & Writing, regulations|

[two-fifths-first] DATE: Thursday, Aug. 16, 2018 TIME: 2 p.m. EDT; 1 p.m. CDT; 12 p.m. MDT; 11 a.m. PDT PLACE: Your computer PRICE: $197 per dial-in site (unlimited attendance at one location) through Aug. 3, $247 thereafter Register by Aug. 3 and save! For more information, email leslie.davidson@litigationconferences.com. Your webinar registration includes: • A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. • The opportunity to connect directly with speakers during the audience Q&A session. • At least one-hour of CLE credit. Speakers Daniel Shortt Harris Bricken Seattle Alison Malsbury Harris Bricken San Francisco [/two-fifths-first][three-fifths] With so many studies coming out on the benefits of CBD, a lot of people and companies see tremendous market opportunities and are diving in. Whether derived from industrial hemp or marijuana, these days CBD can be found in just about anything, from skin care products to pain medications to anti-seizure drugs—even beer. Companies, including large retailers like Target, have tried to sell or are selling products containing CBD online or across state lines. But determining the legal status of CBD isn’t easy. Because CBD is a cannabis derivative, the biggest question, of course, is whether or not it’s even legal under [...]

California Enacts the ‘First Truly Sweeping Privacy Regime’ in Record Time

July 5th, 2018|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: compliance, Corporate & Securities, data privacy, Privacy, regulations|

The California legislature -- apparently not wanting to be pegged as just another slow-moving governing body -- took the California Consumer Privacy Act of 2018 from proposal to passage to signing in one week. Critics weren't sitting on their hands either. "Businesses Blast California’s New Data-Privacy Law," read one headline in the Wall Street Journal. For consumers, Californians anyway, the good news is that they can refuse to allow companies to sell their personal data. But, the WSJ reported, business across the country say the law will cause "far-reaching damage to everything from retailers’ customer-loyalty programs to data gathering by Silicon Valley tech giants." Law firms are cranking out their advisories and analyses. Sullivan & Cromwell says the CCPA establishes a new privacy framework for covered businesses by: "Creating an expanded definition of personal information for purposes of the Act; "Creating new data privacy rights for California consumers, including rights to know, access, have deleted and opt out of the sale of their personal information; "Imposing special rules for the collection of consumer data from minors; and "Creating a new and potentially severe statutory damages framework for violations of the Act and for businesses that fail to implement reasonable security procedures and practices to prevent data breaches." The firm also offered a quick comparison between the CCPA and the GDPR. "At a [...]