Politics and big data: How things have changed in the last four years

By Jay L. Levine on August 30, 2016

How does the political climate adapt to the ever-changing way people consume media? Phil Rist of Prosper Business Development joins Jay in a conversation about how things have changed since the last presidential election and how politicians need to adapt to the new way of presenting their message.… Continue Reading

Venture capitalism and start-ups in Ohio

By Jay L. Levine and Brett Thornton on August 25, 2016

Ohio has become a hot spot for venture capitalists to invest in companies. The level of talent and sense of community that the state provides are just a few of the reasons VC’s are putting their money here. Jay talks with Falon Donahue, CEO of Venture Ohio, and Porter Wright attorney Brett Thornton about why … Continue Reading

Gun jumping the Brazilian way

By Jay L. Levine on August 23, 2016

Gun jumping – coordination before merger clearance – isn’t just an American issue. Jay and Andre Gilbert, a Brazilian competition attorney, discuss what happens in Brazil when parties work together prior to the approval of a merger – Brazil’s standards, potential fines and the penalties companies might be faced with when this happens.… Continue Reading

Introduction to Brazilian antitrust enforcement

By Jay L. Levine on August 18, 2016

Before the independence of CADE (the Administrative Council for Economic Defense), it could take months for Brazilian mergers to be approved. Jay talks to Brazilian competition attorney Andre Gilberto about how the Brazilian government improved the process for reviewing antitrust and merger cases, what crimes can be criminally prosecuted and merger control.… Continue Reading

Insights into the data analytics community

By Jay L. Levine on August 11, 2016

Jay is once again accompanied by Phil Rist, executive vice president of Prosper Business Development, to discuss how the data analytics community is growing, what’s needed to get into the business and how once separate industries are coming together to provide better customer experiences.… Continue Reading

Part three: Privacy matters

By Jay L. Levine and Porter Wright on August 9, 2016

Concluding our privacy matters series, Ryan Graham discusses recent class actions and gives an industry update.… Continue Reading

Part two: Privacy matters

By Jay L. Levine and Ana Crawford on July 29, 2016

Continuing with part two of this three-part series about privacy and data security, Ana Crawford gives an update on which federal agencies and states are dipping their toes in the data protection arena.… Continue Reading

Part one: Privacy matters

By Jay L. Levine and Porter Wright on July 18, 2016

In this three-part series, Jay speaks with attorneys across Porter Wright’s departments and practices about privacy and data security. Today’s podcast begins with Christina Hultsch who talks about the options available for European Union companies to transfer data.… Continue Reading

Consumer data breaches

By Jay L. Levine and Porter Wright on May 23, 2016

What happens if your personally identifiable information is stolen, but no harm has come to you…yet? Do the eyes of the court feel that simply the fear of harm warrants relief? Jay and Ryan Graham discuss the differing decisions to date and how things may evolve in the future.… Continue Reading

Representative evidence – Good, bad? The Supreme Court speaks

By Jay L. Levine on April 20, 2016

As we’ve reported previously, Tyson was challenging the certification of a class of employees who sued for unpaid time related to donning and doffing protective gear. Jay discusses the implications of the Supreme Court’s allowance of representative evidence to prove classwide liability and how the Court’s ruling may (or may not) impact future class actions.… Continue Reading

Are data breaches covered under insurance policies?

By Jay L. Levine on April 14, 2016

In defending against a class action case where patient information was found online for months without being secured, the insurance company was found to have a duty to defend the defendant, who held an insurance policy that covered the publication of patient information. The case, Travelers Indemnity vs. Portal Healthcare, is important because it’s one … Continue Reading

Big data and what can be done with it: Part three

By Jay L. Levine on March 1, 2016

In our last installment of the big data podcast series (listen to part one and part two), Jay and Phil discuss how companies deal with data breaches. They talk about how consumer trust is vital and how customers may prepare in advance for these breaches. Finally, Phil shares three tips when it comes to using … Continue Reading

Big data and what can be done with it: Part two

By Jay L. Levine on February 23, 2016

Continuing their conversation regarding big data, Phil and Jay discuss what companies should be doing with big data, how to figure out whether they are using it correctly and if there is a better way of doing it. How do companies place value on their data to make financial decisions?… Continue Reading

Big data and what can be done with it: Part one

By Jay L. Levine on February 16, 2016

In part one of this three-part series, Jay talks with Phil Rist, executive vice president of Prosper Business Development, about how his company collects big data and utilizes it to detect trends that aid his clients in developing their strategic plans. Phil discusses how his company not only takes data available from the federal government, … Continue Reading

Health care data breaches – inevitable, but you can minimize the damage

By Jay L. Levine and Porter Wright on December 1, 2015

Data breaches in health care can be the most devastating, both to the consumers whose personally identifiable information was exposed, but also to the institutions that possessed this sensitive data. In this podcast Jay and Christina Hultsch review the various issues surrounding such data breaches, including when to review data security policies, how to prepare … Continue Reading

Third Circuit’s Wyndham decision – Part two

By Jay L. Levine and Porter Wright on November 17, 2015

So what did the Third Circuit hold in FTC vs. Wyndham and what does the decision really mean? Jay and Ryan continue their discussion of the Third Circuit’s decision and give you some key takeaways on what this means for companies that collect personally identifiable information.… Continue Reading

Is the use of statistical averages appropriate when certifying a Rule 23(b)(3) damages class?

By Jay L. Levine and Porter Wright on November 11, 2015

Tyson Foods, Inc. v. Bouaphakeo is the latest in a series of cases to go before the Supreme Court on issues pertaining to the proper adjudication of class actions. Oral argument was heard on Nov. 10 and Jay and Porter Wright colleague Jetta Sandin attended. In this podcast, they share their impressions of how the … Continue Reading

Third Circuit’s Wyndham decision – Part one

By Jay L. Levine and Porter Wright on November 5, 2015

In part one of this two part series, Jay is joined by Ryan Graham, a colleague at Porter Wright and former FBI analyst, to discuss the Third Circuit’s decision in FTC vs. Wyndham. Ryan and Jay discuss generally the various agencies who have authority over data security and the challenges facing companies who have experienced … Continue Reading

Government licensure for the personal training industry – unnecessary, unworkable and unintelligible

By Jay L. Levine and Porter Wright on October 13, 2015

A campaign to require licensure in the personal training industry by the U.S. Registry of Exercise Professionals has left some scratching their heads. Six states have considered licensure laws that, through criminal liability, would forbid providing personal training services without a license. In 2013, Washington, D.C. passed legislation authorizing the D.C. Board of Physical Therapy … Continue Reading

Antitrust woes for Amazon, Part 2

By Jay L. Levine and Darcy Jalandoni on September 23, 2015

Antitrust Law Source author Darcy Jalandoni and editor Jay Levine pick up their discussion of the antitrust issues facing Amazon. In this episode, they discuss the parties’ positions, the result of Amazon’s recent contract dispute with Hachette…and how authors, and ultimately how American literature, will publish in the future.… Continue Reading

Antitrust woes for Amazon, Part 1

By Darcy Jalandoni and Jay L. Levine on September 16, 2015

Since the Kindle was released in 2007, Amazon has become dominant in the e-publishing world. Amid its other legal battles over the last eight years, a dispute between authors, the traditional publishing industry and Amazon has been not so quietly brewing. Antitrust Law Source author Darcy Jalandoni and editor Jay Levine discuss some of the … Continue Reading

Merger of St. Luke’s Health System and Saltzer Medical Group blocked

By Jay L. Levine on February 10, 2015

Today, the Ninth Circuit upheld a ruling by an Idaho Federal District Court that ordered St. Luke’s Health System Ltd. to divest its acquisition of Saltzer Medical Group. Jay discusses the importance of this ruling in today’s podcast.… Continue Reading

“Made in the USA” labeling: A trap for the unwary – Part two

By Jay L. Levine, Bob Tannous and Jared Klaus on February 10, 2015

How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies … Continue Reading

“Made in the USA” labeling: A trap for the unwary – Part one

By Jay L. Levine, Bob Tannous and Jared Klaus on February 2, 2015

A slew of recent class actions brought in California are claiming that retailers and product designers acted deceptively by marketing their products as “Made in the USA.” But, as discussed in this podcast, the issue is far from black and white. For instance, can a pair of jeans assembled in the USA from domestically produced … Continue Reading