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Part two: Privacy matters

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.…

Part one: Privacy matters

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. …

Consumer data breaches

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.…

Are data breaches covered under insurance policies?

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 of the first decisions to rule on whether data breach litigation is covered under commercial insurance policies.…

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

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 customers’ information for competitive advantage.…

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

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, but how they administer “emotional surveys” to track the feelings of today’s population to build predictive models for future events. Phil and Jay discuss challenges and opportunities for big data in 2016 – how the internet of things (wearable devices, Bluetooth enabled devices, trackable …

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

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 for a potential breach and how to deal with third-party vendor access.…

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

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 argument went and what seemed to interest the Justices the most.…

Third Circuit’s Wyndham decision – Part one

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 a data breach. They also outline the issues involved in the Wyndham case.…

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

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 to enact regulations for licensure of personal trainers, though it now appears that this law will be repealed.…

Antitrust woes for Amazon, Part 1

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 interesting twists and turns in the dispute, and what the next chapter holds.…

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

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 as negotiating indemnity agreements and reps and warranties with upstream suppliers and manufacturers, structuring insurance arrangements, conducting internal audits and monitoring for warning signs on social media and court filings.…

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

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 denim be labeled “Made in the USA” if the zipper on those jeans was imported from a foreign country? According to the FTC, the answer is yes, but California law says no. Find out how this strict California law is wrecking havoc on the apparel …

The importance of the state action exemption on state licensing boards

This podcast discusses the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental Examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright’s Antitrust Group, provide an overview of the state action doctrine at issue in the case, analyze possible outcomes, and assess the potential repercussions of the Court’s decision. In particular, Jay and Darcy discuss how the Court’s decision may affect how states will choose to license and oversee professionals (including medical professionals) …

Mergers 101 – So you have a deal, now what?

This podcast offers a brief introduction into the world of the Hart-Scott-Rodino Antitrust Improvement Act of 1976, more commonly referred to as the HSR Act. Two members of the Porter Wright Antitrust group, Jay Levine and Jetta Sandin, provide listeners with an overview of the history of the Act, the criteria that could make a deal subject to the Act’s reporting requirements, common pitfalls that lead to violations of the Act and the consequences of non-compliance. Stay tuned for the next addition in which Jay and Jetta walk listeners through compliance with the Act’s reporting requirements – “The Form.”…

Part Three: Section two of The Sherman Act – unilateral conduct (cont’d)

Rounding out our discussion on the Sherman Act, host Jay Levine discusses how businesses enter into contracts utilizing specific tactics to ensure they stay competitive and under what circumstances those tactics become problematic.  Learn how most favored nation and non-discrimination clauses, as well as market share discounts and exchanging non-price information can be used to preclude competitive entry.  Should you include them in your contract? Listen to find out more.…

Part One: Section two of The Sherman Act – Unilateral conduct

In this podcast, Jay Levine continues his discussion of the Sherman Act, focusing now on unilateral conduct. Jay talks through some of the details specific to Section Two of the Act. What is monopolization, what is considered an attempt of monopolization and what types of conduct should your business avoid so you can stay aggressively competitive but not land in hot water.…

Part Two: Section one of The Sherman Act – Vertical restraints

Dealing with suppliers or customers….are there any concerns?

Can agreements with suppliers or customers, as opposed to those with competitors, ever run afoul of the Sherman Act? In this podcast, Jay Levine answers that question and provides a brief outline of the Sherman Act’s applicability to “vertical restraints.”…

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