Publications
Hackers interfere with a GPS signal, causing a vessel’s onboard navigation systems to falsely interpret position and heading. Somali pirates employ hackers to infiltrate a shipping company’s network to identify vessels in the Gulf of Aden carrying valuable cargo. Hackers cause a floating oil platform to list to one side. These and other similar incidents […]
The market for “biosimilars”—generic versions of federal Food and Drug Administration (FDA) approved biological drugs—which is an over $100 billion industry, is rapidly growing. Indeed, it is expected to be the single fastest-growing biologics sector in the next five years. By some accounts, sales of biosimilars are expected to reach $6.22 billion by 2020 from […]
As plaintiffs continue to search for the “deep pocket” in negligence claims, direct liability claims against hospitals will inevitably continue to grown and expand. Historically, hospitals have been named as defendants in medical malpractice lawsuits predominantly based on claims of respondeat superior, whether (1) employment/actual agency, (2) apparent agency/ostensible agency, or (3) non-delegable duty. These […]
Financial regulators, struggling to keep up with the onslaught of new threats to the public’s sensitive financial and personal data, have spent the last few years examining corporate cybersecurity practices, policies, and procedures and communicating their expectations to executives. This year, expect regulators to hold companies accountable for their cybersecurity failings. Since CFOs play a […]
The False Claims Act (“FCA”) is undergoing an identity crisis and entities doing business with the government should take notice. Decisions this year by the First, Fourth, and Seventh Circuits have magnified a split among the federal appeals courts regarding what conduct actually constitutes a false claim under the FCA. At the center of the […]
Next year marks the 50th anniversary of Griswold v. Connecticut, 381 U.S. 479 (1965), the landmark case that recognized a constitutional right to privacy. Although the case is well known, the history leading to this important decision is not. The challenged statute in Griswold was championed by none other than Phineas T. Barnum, the founder […]
Introduction As the number of data breaches and federal and state enforcement actions for privacy and security violations reach new heights, Connecticut's highest court has added fuel to the fire in a decision that paves the way for individuals to use Health Information Portability and Accountability Act (HIPAA) violations as a basis for state negligence […]
Introduction Recent years have seen an exponential growth in Unmanned Aerial System (UAS) technology. The availability of UASs for ordinary consumers has grown at a similar rate, with UASs available on the Internet for as little as $300. Likewise, the commercial application for UASs has become increasingly apparent to the private sector. Insurers, for example, […]
Introduction Unmanned aerial vehicles (“UAVs”), also referred to as unmanned aircraft systems (“UASs”) or drones, have been operating in the United States and abroad for over two decades. Previously, however, UAVs were relegated to limited, governmental uses—principally for military and federal law enforcement purposes. For example, as well-documented, the U.S. military has used drones for […]
The past few years have seen monumental changes to U.S. patent law. Indeed, anyone who has not recently litigated a patent case will discover a game with changed fundamental rules and strategies. The days where a holder of a marginal patent can rest assured that the presumption of validity, the cost of litigation and favorable […]
Editorial
Introduction Unlike many countries, the United States does not have a single overarching legal regime governing cybersecurity. Instead, there are a multitude of federal statutes and regulations governing cybersecurity – as well as legislation and regulatory oversight by state authorities.1As a result, enforcement actions for data security failures can originate from many sources. However, among […]
In early 1978, I wrote an Op-ed piece for the New York Times describing the 1977 landmark “Chevymobile” settlement by forty-four state attorneys general with General Motors in which it was alleged that GM had failed to disclose the substitution of Chevy engines in 1977 Oldsmobiles, Buicks and Pontiacs. In my Op-ed, I had predicted […]
For the most part, healthcare providers (e.g., treating physicians and prescribers) typically are not sued in products liability litigation involving patient injuries from allegedly defective medical devices or prescription drugs. This article discusses the considerations that influence the decision whether to sue the provider, including the potential consequences on the testimony of providers at depositions […]
The Supreme Court of Texas ruled on February13, 2015, that BP is not entitled to coverage as an additional insured under insurance policies Trans-ocean procured for the Deepwater Horizon. In re Deepwater Horizon, Relator, 2015 WL 674744. We previously wrote about the insurance coverage dispute concerning subsurface pollution that resulted from the 2010 oil spill […]
This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.The Department of the Treasury’s Financial Crimes Enforcement Center (“FinCEN”) wants to have its cake and […]
The U.S. Court of Appeals for the Ninth Circuit issued a summary order on Jan. 9 in Sevcik v. Sandoval denying a petition for en banc review of a panel decision that struck down Nevada’s ban on same-sex marriage. The petition contained a few unremarkable arguments for rehearing, but one garnered a great deal of […]
Excess insurance policies are typically written so that excess coverage is triggered only by “exhaustion” of specified underlying insurance. The questions of how and when an underlying policy is “exhausted,” thereby triggering an excess carrier’s duty to defend, are commonly litigated issues. One particular issue that parties routinely dispute is whether a primary carrier’s tender […]
Introduction Unmanned aerial vehicles (“UAVs”), also referred to as unmanned aircraft systems (“UASs”) or drones, have been operating in the United States and abroad for over two decades. Previously, however, UAVs were relegated to limited, governmental uses – principally for military and federal law enforcement purposes. For example, as well-documented, the U.S. military has used […]
For several years, there have been rumblings that Congress will be passing patent litigation reform. The proposed reforms have primarily been directed at addressing complaints about so-called “patent trolls” that misuse “bad patents” by bringing resulting vexatious and costly litigation that leave companies with a choice between paying to defend the lawsuit and paying a […]
The federalism debate has continued to serve as a point of controversy and division in American politics and jurisprudence.1 The balance of power between the states and the federal government has shifted over time reflecting the realities of this debate. Historically, the states were thought to possess the exclusive power to regulate ‘‘their purely internal […]
Medical malpractice claims are often accompanied by emotional distress claims asserted by the patient’s family members. In Maloney v. Conroy, 208 Conn. 392 (1988), the Connecticut Supreme Court held that “bystanders” to medical malpractice may not recover for their own emotional distress. When Maloney was decided, the Supreme Court had not yet recognized bystander emotional […]
On March 18, the National Labor Relations Board’s general counsel, Richard F. Griffin Jr., issued Memorandum GC 15-04, seeking to clarify what types of employer policies and rules are considered lawful and which are likely to interfere unlawfully with employees’ rights under the National Labor Relations Act. All employers, regardless of whether they have union-represented […]
On March 31, the U. S. Supreme Court handed down its ruling in Armstrong v. Exceptional Child Center, holding that providers cannot sue under the Supremacy Clause to invalidate Medicaid rates that conflict with the Medicaid Act's requirements that rates be sufficient to support quality care and enlist enough providers to ensure equal service access […]
For years, the military has promoted keeping “left of boom.” The idea is that on a time line from left to right, soldiers should anticipate and avoid – that is, stay left of – harmful and hazardous events, or the “boom.” This article briefly highlights the risks associated with the recent convergence of health care’s […]
In the past five years the U.S. Supreme Court has addressed some of the nation’s most controversial issues, overturning acts of Congress by 5-4 majorities. Many of these decisions have invalidated high-profile laws, including portions of the Voting Rights Act in Shelby County v. Holder, the section of the Defense of Marriage Act defining “spouse” […]
The past few years have seen monumental changes to U.S. patent law. Indeed, anyone who has not recently litigated a patent case will discover a game with changed fundamental rules and strategies. The days where a holder of a marginal patent can rest assured that the presumption of validity, the cost of litigation and favorable […]
I. Introduction “Termination” sounds so final: An ending, a period at the end of the sentence, done. As both franchisors and franchisees know (or should know), however, a coda generally follows. Almost any post-termination period involves some housekeeping and mop-up, as well as continuing duties that may last for years. It is easy to lose […]
It is a cardinal rule of antitrust that—absent very limited exceptions—parties can do business with, or refuse to do business with, whomever they choose. The Supreme Court solidified that premise in United States v. Colgate & Co.1 and has reiterated it time and again.2 Recent state legislation and lawsuits arising in the contact lens industry […]
Introduction The rise of the Information Age and the increased use of the Internet have spawned many software-based technologies and business methods. This has raised the important question of whether software and computer-implemented business methods can be protected under U.S. patent law. The U.S. Supreme Court addressed this important question last summer in Alice Corp. […]