Briefings

Sixth Circuit Narrows Scope of TCPA “Unsolicited Advertisements”

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Jones Day – A central issue in many Telephone Consumer Protection Act (“TCPA”) cases is whether the communication that the plaintiff challenges amounts to an “unsolicited advertisement” or whether it is merely an informational communication that is not prohibited by the statute. The answer to that question can be the difference between a complete defense

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Cost of Data Breaches Surges Again

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Snell & Wilmer – In May 2015, the Ponemon Institute released its tenth annual Cost of Data Breach Study, sponsored by IBM. The study sets forth the average calculated cost for each lost or stolen record containing “sensitive and confidential information” as well as the average total cost paid by organizations victimized by lost or stolen data.

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Anti-Trust Challenges to Pharmaceutical “Product Hopping”

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Shearman & Sterling – Few courts have addressed antitrust challenges to pharmaceutical “product hopping,” i.e., the practice of shifting customers from a drug nearing the end of its patent protection to a modified version that is covered by newer patents and thus is protected from generic competition for a longer period of time. The Second

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