Eleventh Circuit Vacates Settlement Approval Because Plaintiffs Lacked Standing to Seek Injunctive Relief
Covington & Burling LLP | Inside Medical Devices
by Jeffrey Huberman
2h ago
This blog has covered recent decisions from the Eleventh Circuit that have taken a hard look at class action settlements.  For example, we previously discussed the Eleventh Circuit’s per se prohibition on the inclusion of incentive awards for class action representatives in class action settlements.  See Johnson v. NPAS Sols., LLC, 975 F.3d 1244 (11th Cir. 2020) (vacating settlement in part because it included incentive awards).  Just recently, the Eleventh Circuit vacated the approval of another class action settlement because it “included relief that [the district court] had n ..read more
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EU Talking Life Sciences Audiocast: Life Sciences Transactions – Outlook and Trends for 2024
Covington & Burling LLP | Inside Medical Devices
by Winsome Cheung and George Jenkins
2d ago
Tune into this episode of Covington’s Life Sciences Audiocast, where Winsome Cheung and George Jenkins discuss the key trends in Life Sciences Transactions for 2024. The speakers discuss the outlook for deal-making in Life Sciences and predictions for deal trends, including in relation to nuclear medicine, GLP-1, antibody-drug conjugates and other modalities. The speakers also discuss some of the key legal considerations that are coming into increasing focus for Life Sciences Transactions, such as competition/antitrust considerations and the Inflation Reduction Act. This is the first Life Scie ..read more
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DoD Expands Contractor Cybersecurity Information Sharing Program
Covington & Burling LLP | Inside Medical Devices
by Susan B. Cassidy, Ryan Burnette and Darby Rourick
2d ago
On March 12, 2024, the Department of Defense (DoD) published a final rule, revising the eligibility criteria for the voluntary DoD Defense Industrial Base (DIB) Cybersecurity (CS) Activities Program.  The intent of the rule is to permit all defense contractors that own or operate unclassified information systems that process, store, or transmit covered defense information to participate in the program.  Previously, only cleared contractors were permitted to participate in the sharing of this information.  The final rule also amends identity proofing requirements by eliminating t ..read more
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EU Health Emergency Mechanisms: Impact on Medical Devices
Covington & Burling LLP | Inside Medical Devices
by Sarah Cowlishaw and Lucas Michel
2d ago
The European Union has adopted various new rules for emergency situations relating to public health.  These new measures build on the experience gained from the COVID-19 pandemic and give new powers to the European Commission, in close cooperation with the Member States.  The new rules create a complex public health crisis management system.  Measures that may be adopted under this system can be far-reaching.  They include supply chain monitoring, information requests, and sometimes direct intervention of authorities in production and distribution of critical products.  ..read more
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AAA Introduces Rule Changes Tailored for Mass Arbitrations
Covington & Burling LLP | Inside Medical Devices
by Kaixin Fan, Kathryn Cahoy and Kanu Song
3d ago
The American Arbitration Association (“AAA”) recently published a set of modified Mass Arbitration Supplementary Rules and a new Consumer Mass Arbitration and Mediation Fee Schedule, both effective January 15, 2024.  The modified rules and fee schedule aim to address the increasingly prevalent tactic of plaintiffs’ firms launching mass arbitration campaigns against defendants with arbitration agreements in their consumer contracts. The AAA defines a mass arbitration as 25 or more similar demands for arbitrations filed against or on behalf of the same party or related parties where represe ..read more
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OMB Approves Final CISA Secure Software Attestation Common Form, Triggering Clock for Collection
Covington & Burling LLP | Inside Medical Devices
by Robert Huffman and Ryan Burnette
3d ago
On March 11, 2024 the Cybersecurity Infrastructure Security Agency (CISA), released the much anticipated final version of its common Secure Software Development Attestation Form.  Finalization of the form is a notable development for developers of software that is sold to the U.S. Government for two reasons.  First, the form is expected to be used widely by Government agencies to fulfill requirements set forth in recent OMB memoranda for those agencies to ensure that the software they procure or use is secure by requiring attestations from software developers.  Second, as set fo ..read more
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FTC Amends its Telemarketing Sales Rule; Proposes Additional Changes
Covington & Burling LLP | Inside Medical Devices
by Yaron Dori, Andrew Longhi and John Bowers
6d ago
On March 7, 2024, the Federal Trade Commission (“FTC”) announced amendments to its Telemarketing Sales Rule (“TSR”) to apply certain of its provisions to business-to-business telemarketing calls, and to broaden its recordkeeping requirements.  The FTC also announced a notice of proposed rulemaking (“NPRM”) that would further extend the TSR to cover inbound telemarketing calls involving technical support services.  The TSR prohibits deceptive or abusive telemarketing practices, including making certain material misrepresentations to induce a consumer to purchase a product or service ..read more
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Commissioner Remarks at FTC PrivacyCon 2024
Covington & Burling LLP | Inside Medical Devices
by Yaron Dori, Lindsey Tonsager and Jayne Ponder
6d ago
The FTC convened its eighth annual privacy conference on March 6, 2024.  The full transcript of the event can be found here.   Both Chair Khan and Commissioner Bedoya provided remarks during the event that are likely to be considered provocative by many. Commissioner Khan’s remarks focused on what she referred to as three key high-level principles that are driving the FTC’s privacy efforts: Business Incentives Driving Unlawful Conduct:  She noted that “enforcement actions are designed to account for how business incentives are driving unlawful conduct,” and she pointed to ..read more
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Utah Repeals and Replaces Social Media Regulation Act
Covington & Burling LLP | Inside Medical Devices
by Lindsey Tonsager, Jenna Zhang and John Bowers
6d ago
On March 7, Utah repealed and replaced its Social Media Regulation Act, which had previously been challenged in a pair of lawsuits by NetChoice and the Foundation for Individual Rights and Expression.  The replacement legislation is spread across two enacted bills, SB 194 and HB 464.  SB 194 contains the bulk of the legislation’s general provisions, while HB 464 includes a private right of action for certain harms associated with a minor’s use of algorithmically curated social media. We summarize below some of the key features of the new legislation, which will go into effect on Octo ..read more
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Washington State Court Dismisses Wiretapping and Other Claims Involving Hospital Website
Covington & Burling LLP | Inside Medical Devices
by Erin Moore
1w ago
A Washington court recently dismissed with prejudice putative class action claims against Seattle Children’s Hospital asserting that use of third-party tracking technology on its website constituted wiretapping and other privacy law violations. A group of parents had filed suit against Seattle Children’s Hospital (“Seattle Children’s” or “SCH”), including claims under the Washington Privacy Act, Washington Consumer Protection Act, Washington Uniform Health Care Information Act, invasion of privacy, breach of implied contract, conversion, and unjust enrichment. Plaintiffs based these claims on ..read more
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