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Healthcare
HIPAA Enforcement: Is It Finally Here?
The federal Health Insurance Portability and Accountability Act (HIPAA) protects the privacy and security of certain protected health information, or PHI. HIPAA applies to “covered entities” and their “business associates.” “Covered entities” are healthcare...
Read MoreRegulatory & Compliance
Bid-Rigging Remains Focus Of DOJ Antitrust Criminal Enforcement: Businesses Need To Ensure Their Compliance
A number of recent U.S. Department of Justice Antitrust Division (“Antitrust Division”) press releases highlight the agency’s ongoing criminal enforcement initiatives regarding hard-core antitrust violations such as bid-rigging. Businesspersons often seem to forget that the...
Read MoreReal Estate
The New Jersey Appellate Division Addresses Rent Receiver Liability
In today’s distressed real estate market, mortgagees invariably exercise their right to have a rent receiver appointed to manage rent-producing property pending foreclosure. Rent receivers often take such appointments without considering the potential liability that may be associated...
Read MoreLitigation
The Court Of Appeals For The Federal Circuit Does Not Dive Into The Turbulent Waters Of The Supreme Court’s Stream Of Commerce Debate
For more than two decades, there has been a split in Supreme Court jurisprudence over the proper standard for assessing when a non-resident is subject to specific jurisdiction under the stream of commerce theory of personal jurisdiction. Recently, the Court of Appeals for the Federal Circuit...
Read MoreBankruptcy & Restructuring
Trademarks And Bankruptcy: Seventh Circuit Provides Lifeline For Trademark Licensees Confronting Licensor Bankruptcy
The Bankruptcy Code provides certain protections to intellectual property licensees. Specifically, section 365(n) of the Bankruptcy Code grants intellectual property licensees the ability to retain rights under license agreements rejected by bankrupt licensors under section 365(a). This...
Read MoreAdvertising
The Rise And Possible Fall Of Class Actions In False Advertising Litigation
Section 43(a) of the Lanham Act (the “Act”) limits standing to sue for false advertising to competitors and others who claim to have suffered competitive injury as a result of the defendant’s advertising. Consumers do not have standing under the Act.[1] Damages are seldom...
Read MoreDiscovery
The Dangers Of Waiting Too Long To Request Return Of Inadvertently Produced Privileged Information
One of litigation counsel’s worst nightmares in producing documents is the inadvertent production of privileged or work-product documents. In this age of electronically stored information where parties are often required to produce hundreds of thousands or even millions of pages of...
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