McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsGuidance on Low Risk General Wellness Devices Is Finalized
By McDermott Will & Emery, Michael W. Ryan and Vernessa T. Pollard on Aug 4, 2016
Posted In Consumer Protection, General Interest, Mobile Apps, Telehealth
On July 29, 2016, the US Food and Drug Administration (FDA) finalized General Wellness: Policy for Low Risk Devices Guidance (Final Guidance) detailing its risk-based regulatory approach to relax certain regulatory requirements for low risk products that promote a healthy lifestyle—coined “general wellness products.” In the Final Guidance, the FDA makes minimal substantive changes to...
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AMA Approves New Ethical Guidance Policy and Encourages Telemedicine Training for Students and Residents
By McDermott Will & Emery and Lisa Mazur on Jun 20, 2016
Posted In Consumer Protection, Data Privacy, General Interest, Mobile Apps, Telehealth
New Ethical Guidelines On June 13, the American Medical Association (AMA) adopted a new ethical guidance policy governing the practice of telemedicine that will be published in the coming months. The policy is based on a report from the AMA Council on Ethical and Judicial Affairs and builds upon the AMA’s 2014 telemedicine guidance. Consistent...
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Louisiana Joins its Peers in Removing In-State Barriers to Telemedicine
By McDermott Will & Emery and Lisa Mazur on Jun 17, 2016
Posted In Consumer Protection, Data Privacy, General Interest, Telehealth
Last week, Louisiana legislators approved the removal of certain restrictions on the delivery of telemedicine services to residents of Louisiana to encourage the provision of telemedicine services in the state. H.B. No. 570 was signed by the President of the Senate on June 5, 2016 and sent to Governor John Bel Edwards on June 6,...
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FTC Weighs-in on Telehealth: Providing Comments Regarding Alaska’s Proposed Licensure and Standard of Care Requirements
By McDermott Will & Emery, Ashley Fischer, Lisa Mazur and Marshall E. Jackson, Jr. on May 12, 2016
Posted In Consumer Protection, Data Privacy, General Interest, Telehealth
In March 2016, the US Federal Trade Commission (“FTC”) staff submitted public comments regarding the telehealth provisions of a proposed state bill in Alaska demonstrating the FTC’s continued focus on health care competition and general discouragement of anti competitive conduct in health care markets, with a renewed interest and focus on telehealth.
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EU Data Protection Reform and Its Impact on EU and Non-EU Businesses
By McDermott Will & Emery and Mélanie Bruneau on Jan 13, 2016
Posted In Cybersecurity, Data Privacy, General Interest
The European Commission’s proposed changes to the current legal framework on data protection will soon be adopted and will impact on EU and non-EU businesses alike. Read the full article (PDF).
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FTC Sees Disconnect on Proposed Connected Cars Legislation
By McDermott Will & Emery on Oct 23, 2015
Posted In Consumer Protection, Data Privacy
The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy legislation for internet-connected cars. The proposed legislation includes requirements that auto manufacturers: “Develop and implement” a privacy policy incorporating key elements...
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The Connected Car and Keeping YOU in the Driver’s Seat
By McDermott Will & Emery on Jul 27, 2015
Posted In Big Data, Consumer Protection, Data Privacy, General Interest
Remember KITT? KITT (the Knight Industries Two Thousand) was the self-directed, self-driving, supercomputer hero of the popular 1980s television show Knight Rider. Knight Rider was a science fiction fantasy profiling the “car of the future.” The self-directed car is science fiction no more. The future is now and, in fact, we’ve seen a lot of...
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FCC Releases Order Clarifying TCPA
By McDermott Will & Emery on Jul 13, 2015
Posted In Advertising & Marketing, Consumer Protection, General Interest, Text Messaging
Last Friday, July 10, 2015, the Federal Communications Commission (FCC) released Declaratory Ruling and Order 15-72 (“Order 15-72”) to address more than 20 requests for clarity on FCC interpretations of the Telephone Consumer Protection Act (TCPA). The release of Order 15-72 follows a June 18th open meeting at which the FCC adopted the rulings now reflected...
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Should We Hack Back?
By McDermott Will & Emery on Jun 4, 2015
Posted In Cybersecurity
“No,” says U.S. Assistant Attorney General Leslie R. Caldwell. At the most recent Cybersecurity Law Institute held at Georgetown University Law Center in late May, the head of the U.S. Department of Justice’s (DOJ) Criminal Division offered guidance to attendees on how to prevent and combat cybercrime. She also spoke about significant victories that the...
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Data Broker’s Appeal to U.S. Supreme Court Could Reshape Future of Data Privacy Litigation
By McDermott Will & Emery on May 14, 2015
Posted In Big Data, Consumer Protection, Data Privacy, General Interest
In a case that could shape the future of data privacy litigation, the Supreme Court recently agreed to review the decision by the U. S. Court of Appeals for the Ninth Circuit under the Fair Credit Reporting Act (FCRA) in Robins v. Spokeo, Inc. At issue is the extent to which Congress may create statutory rights that, when...
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