Crowdfunding May Be Stalled in U.S. Senate
After the U.S. House of Representatives passed a crowdfunding bill in November, it appears that the crowdfunding concept has stalled in the U.S. Senate. Two alternative bills have been introduced in the Senate, both of which would create greater regulatory roadblocks than the House bill, substantially limiting the ability of most start-up and seed stage companies to utilize crowdfunding to raise capital. It has been reported that at the committee hearings in December, most of the testimony focused on concerns about the potential for fraud, rather than the importance of access to capital and the need for job creation. So far in January, no further action has been taken by the Senate on the crowdfunding bills.
Categories: Crowdfunding, Venture Capital/Funding
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Into the Breach . . .
Smartphone usage has skyrocketed in the past few years. Physicians are no exception to the trend - with more than 81% of physicians using smartphones. Disturbingly, the number of health data breaches has risen in tandem with increased smartphone usage, and most experts agree that the increase is no coincidence.
Recent reports have indicated that 96% of all health care organizations have experienced at least one data breach during the past two years. Although the report did not detail the number of data breaches attributable to mobile devices, there is agreement that the widespread use of mobile devices is putting patient data at risk. Read More ›
Categories: HIPAA
Could Proposed Law Put Artists Like Justin Bieber in the Slammer?
The Commercial Felony Streaming Act (S.978) is pending introduction to the United States Senate. If S.978 is passed, it would make the unauthorized streaming of copyrighted material a felony punishable by up to five years in prison.
The potential passage of S.978 has sparked fears that artists like Justin Bieber (who began his quest toward pop stardom by singing covers on YouTube!) could end up in jail. DemandProgress.org has even argued that S.978 could shut down Twitter, YouTube! and other popular sites. Read More ›
Categories: Copyright
Facebook Penalized on Privacy
Facebook has reached a settlement with the Federal Trade Commission regarding charges that it violated users' privacy rights.
Why Facebook was under investigation?
In December 2009, privacy advocates filed a complaint with the FTC following certain changes to Facebook privacy policies. Specifically, the FTC complaint alleged that Facebook made aspects of its users' profiles - such as name, picture, and friends list - public by default and without user consent. The FTC stated that such actions violated user expectations of privacy and threatened the "health and safety" of users by exposing "potentially sensitive affiliations" such as political views and sexual orientation.
The FTC complaint also alleged other situations where Facebook "made promises that it did not keep," such as promising that it would not share information with advertisers or retain data that it promised users was deleted. Read More ›
Categories: Privacy, Social Media
Act NOW to Maximize Incentives for Use of Electronic Health Records
On November 29, 2011, the State Bar of Michigan's Health Care Law Section presented a webinar entitled "Making Sense of 'Meaningful Use' Incentives for Electronic Health Record Adoption," which was attended by a number of Foster Swift health care attorneys. This program gave a wonderful overview of the procedural requirements in obtaining incentive payments for the use of electronic health records ("EHR"). Read More ›
Crowdfunding May be on the Way
On November 3, 2011, the U.S. House of Representatives passed a bill that would create a new exemption from registration under the securities laws for what has come to be known as "crowdfunding." The crowdfunding exemption would: Read More ›
Categories: Crowdfunding, Venture Capital/Funding
Internet Sales: FTC's Mail or Telephone Order Merchandise Rule
With the holiday shopping season gearing up, let's take a look at a common scenario. Frank, a "last minute" shopper, purchases a great gift from an Internet merchant's website. The Internet merchant states that the item will be delivered to Frank in 3-5 business days. Unfortunately for Frank, the item is delivered 5 days late. Does Frank have rights under the law? Is the Internet merchant required to notify Frank of the late delivery? Read on. Read More ›
Categories: E-Commerce
Part 3 - U.S. Patent Reform: False Marking Claims
This is the third and final post in a series (Part 1: First-to-File; Part 2: Post Grant Review Proceedings) summarizing the most significant changes created by the Leahy-Smith America Invents Act (the "Act"). As you know, the Act was signed into law on September 16th. Although hyped as a major change in the U.S. Patents system, the Act does not affect many of the fundamental tenants of U.S. Patent law.
This blog post focuses on: (1) new limitations on false marking claims, and (2) USPTO funding and fees. Read More ›
Categories: Intellectual Property, Patents
Groupon: Trouble In Paradise?
Groupon, Inc. is in the midst of a class-action lawsuit, the result of which could alter the foundation of mobile couponing. For the uninitiated, Groupon is a group buying website that offers large discounts on local goods and services. Groupon sends subscribers daily emails with promotional offers. If a specified number of people sign up for the offer, the deal becomes available to all. For example, a Groupon offer might permit a subscriber to purchase an $80 massage for $40. The "Groupons" are valid for a certain period of time. According to Groupon's "terms of service," after a "Groupon" reaches its expiration date, it loses its promotional value; however, it can still be redeemed for the price paid. Read More ›
Categories: E-Commerce
Part 2 - U.S. Patent Reform: Post Grant Review Proceedings
As noted in my previous post (Part 1: U.S. Patent Reform: First-to-File), the Leahy-Smith America Invents Act has been signed into law. The America Invents Act has been sold as "the biggest change in the U.S. Patents System since the 1950s." The hype, however, is far from reality – as the Act does not affect many of the fundamental tenants of U.S. Patent law.
This is the second of multiple blog posts that will summarize the most significant changes created by the America Invents Act. My previous blog post addressed the adoption of a "First-to-File" system. Today, I will discuss "Post Grant Review Proceedings." Read More ›
Categories: Intellectual Property, Patents
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