DNA Privacy

We are all familiar with HIPAA and the rights to privacy it offers.  HIPAA even covers genetic testing done for diagnosis purposes, which means, generally speaking, such results cannot be used for coverage and premium discrimination. However, if one takes a genetic test from a third party not for diagnosis purposes, is it protected under […]

Look it up!

When I was in school, all my teachers usually answered my questions with “look it up.”  So, I did.  Eventually, I just got accustomed to looking things up, especially using the dictionary for spelling and building my vocabulary.  Lately, there seems to be a similar patterns in litigation, “…becoming at least the second court to […]

Made in the USA

When I shop, I check to see where the product is from.  Of course, I would prefer to buy products made in the USA to support our economy.  Just like any other consumer, you can imagine my disappointment when I purchase items claiming to be “made in the USA” and turn out to be from […]

Is Makeup Artistry Copyrightable?

As a mom of two daughters, I always encourage my girls to take care of themselves. Primarily for themselves because they are worthy of self love, but everybody knows that first impressions count.  For years I used an analogy that their faces are like an artist’s canvas.  If the canvas is not clean and in […]

Federal and State Enforcement

The Federal Trade Commission and the Florida Attorney General obtained a court order against a telemarketer, who “blasted consumers with telemarketing cold calls promising to permanently and substantially reduce their credit card interest rates. …defendants allegedly promised to save them thousands of dollars in credit card interest and enable them to pay off their credit […]

Privacy Shield Invalid

The Court of Justice of the European Union (CJEU), the highest Court in the EU, struck down Privacy Shield last week.  The reasoning of the Court for invalidating Privacy Shield is the lack of protection of data being transferred to the USA since the USA does not offer a GDPR equivalent of protection. Most importantly, […]

New Copyright Group Registration

Starting August 2020, the US Copyright Office will offer “Group Registration for Short Online Literary Works.” To qualify, applicants must meet the following requirements:  Word limits: Not less than 50 words, no more than 17,500 words.      2.  Works must be created by same person or group of people.      3.  All works […]

Is the box half full or half empty?

Slack-filled containers lead to misleading advertising lawsuits.  In a recent case, the company was sued for slack filling different pasta boxes, which “constitutes a deceptive business practice.…”  Specifically, the defendant, “…packages these specialized pastas in same-sized boxes, and boxes that appear to be same-sized, but fills them with less pasta.” The company settled the lawsuit, […]

Should foreign governments enjoy sovereign Immunity for commercial activity in the USA?

The Foreign Sovereign Immunities Act (FSIA) gives foreign governments “presumptive immunity of a foreign state in federal court.”  Of course, like any good law, there are exceptions.  So, when the Welsh Government was sued by a photographer for copyright infringement for using photos in its advertising campaign in the USA promoting tourism, the Welsh Government […]