News

Not-So-Sweet Smell of Success: When Does Ambient Scent Marketing Become a Deceptive Trade Practice?

By EsqSocial Corporation 13/05/14

Scent marketing is as old as a realtor baking cookies in a house up for sale and as new as Oscar Mayer’s “bacon” alarm clock. Harnessing the primal power of smell represents a final frontier of subliminal advertising....

PTAB: The Name of the Game Is the Claim

By EsqSocial Corporation 13/05/14

BlackBerry Corporation et al. v. MobileMedia Ideas LLC - Representing the first outcome of its kind, in the final written decision of an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) terminated the proceeding without issuing...

Collateralising Uncleared Derivatives Trades under EMIR – Draft Regulatory Technical Standards

By EsqSocial Corporation 13/05/14

On April 14, 2014, the European Supervisory Authorities (“ESAs”) published the anticipated first draft regulatory technical standards (“RTS”) on risk-mitigation techniques for over the counter (“OTC”) derivatives contracts that are not cleared by a...

Snap Judgment: FTC Alleges Snapchat Did Not Keep Its Privacy and Security Promises, But Suggests Broad New Duty in the Process

By EsqSocial Corporation 13/05/14

Snapchat’s recent settlement with the Federal Trade Commission (FTC) generally provides a comprehensive but not groundbreaking roadmap to the FTC’s privacy and data security expectations in the mobile environment under Section 5 of the FTC Act, with...

Whistleblower Doesn’t Have To Report To SEC For Dodd-Frank Protection

By EsqSocial Corporation 13/05/14

In Yang v. Navigators Group, Inc. (S.D.N.Y. 2014), the court held the Dodd-Frank anti-retaliation statute does not clearly and unambiguously limit whistleblower protection to individuals who report violations to the SEC where the anti-retaliation...

New York Hospitals to Pay Record $4.8 Million for HIPAA Data Breach

By EsqSocial Corporation 13/05/14

In the largest Health Insurance Portability and Accountability Act (HIPAA) settlement to date, two New York hospitals have agreed to pay $4.8 million to settle allegations that they failed to secure thousands of patients’ electronic protected health...

Shocker: I Hate Estate Planning

By EsqSocial Corporation 13/05/14

Yes, I know. It’s shocking. The gal that Alexis always talks about being in love with her practice actually hates the words “estate planning”. I hate estate planning because it conjures up the images of a bunch of stuffy, grey-haired lawyers...

Florida Legislature Unanimously Passes Florida Information Protection Act

By EsqSocial Corporation 13/05/14

On April 30, the Florida House of Representatives unanimously passed the Florida Information Protection Act of 2014, Senate Bill 1524. It now awaits Governor Scott's signature....
By: Carlton Fields Jorden Burt

Top 5 takeaways on telemedicine and eHealth

By EsqSocial Corporation 13/05/14

Here are the main legal topics on telemedicine and eHealth discussed during the ETSI eHealth Workshop on telemedicine where I gave a speech on the legal implications of telemedicine. The Workshop was very interesting with a number of presentations...

New Bill Would Create a Private Right of Action for Targets of Trade Secret Misappropriation under Federal Law

By EsqSocial Corporation 13/05/14

Senators Chris Coons and Orrin Hatch introduced a new bill on April 29 that would amend the Economic Espionage Act of 1996 [1] (the "EEA") to create a Federal private right of action for victims of trade secret misappropriation. While Federal law has...

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