North America

More of the Same: Recently Released FDA Social Media Guidance for the Life Sciences Industry

On June 17, 2014, the U.S. Food and Drug Administration (“FDA”) continued to outline its expectations for pharmaceutical and medical device manufacturer[1] use of social media platforms to promote manufacturers’ products in two new draft guidance documents: “Internet/Social Media Platforms with Character Space Limitations—Presenting Risk and Benefit Information for Prescription Drugs and Medical Devices”[2](“Space Limitations Guidance”) and “Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation About Prescription Drugs and Medical Devices”[3](“Correcting Misinformation Guidance”). In these documents, which were eagerly awaited by manufacturers for the past four years, FDA addresses acceptable methods of promoting products on microblogging (e.g., Twitter) and other platforms, such as “sponsored links” (e.g., Google Sitelinks) with character limitations, and of correcting user-generated content (“UGC”) on third-party websites. Despite the anticipation, however, FDA does not break substantial new ground in either guidance document.

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Clark Wilson LLP lawyers named in the 2014 Canadian Legal Lexpert Directory

We are pleased to announce that Clark Wilson’s lawyers have been ranked across 5 practice area in the 2014 edition of the Canadian Legal Lexpert Directory. Congratulations go out to Mark Weintraub (Estate & Personal Tax Planning), Diane Bell (Family Law), John L. Rogers (Franchising Law), Darren Donnelly (Property Development), Peter Kenward (Property Development) and Brock Johnston (Property Leasing). The directory is the most comprehensive guide to top ranked legal talent in Canada.

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Trademark Attorney Sara Suleiman joins McDonald Hopkins

Chicago, Illinois (June 24, 2014) – Sara Suleiman has joined the Chicago office of McDonald Hopkins as an associate in the firm’s Intellectual Property Practice Group.

Suleiman joins McDonald Hopkins after nearly two years at a Chicago-based intellectual property firm where she handled all aspects of trademark preparation and prosecution for clients. She has substantial experience working with foreign counsel to manage trademark matters for U.S. clients in other countries, as well as serving as outside general counsel to multinational corporations in transactional business matters. Suleiman is experienced in conducting trademark clearance searches to advise clients on risks of potential marks, and directing worldwide and regional audits to determine strengths and weaknesses in client portfolios.

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Violation of Privacy Rule Leads to $800,000 HIPAA Settlement

Indiana-based Parkview Health System (“Parkview”) has agreed to settle potential violations of the HIPAA Privacy Rule with the HHS Office for Civil Rights (“OCR”) by paying $800,000 and adopting a corrective action plan to address deficiencies in its HIPAA compliance program. The resolution agreement can be found here. According to the HHS press release, the […]

The post Violation of Privacy Rule Leads to $800,000 HIPAA Settlement appeared first on OMW Health Law.

For more information please visit or click on the headline above.

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Minimum Wage for Employees of Federal Contractors and Subcontractors to Rise to $10.10 Per Hour

By Evan J. Spelfogel

On Feb. 12, 2014 President Obama signed Executive Order 13,658 to raise the minimum wage for workers on federal service and construction contracts from the current $7.25 to $10.10 per hour.  On June 12, 2014 the United States Department of Labor announced proposed implementation of the Executive Order with respect to all new and renegotiated federal contracts starting Jan. 1, 2015.

This increased minimum wage would apply to the approximately 200,000 employees working for government contractors and subcontractors, and is another salvo in the President’s push for an increase in the federal minimum wage in the private sector nationwide. 

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Data Privacy and Cybersecurity Alert: Florida raises the bar on data privacy, security and breach notification with passage of new law

On June 20, 2014, the “Florida Information Protection Act of 2014” (FIPA) was signed into law by Florida Governor Rick Scott, after it received unanimous support by the legislature. FIPA will take effect on July 1, 2014 and will replace Florida’s existing data breach notification law. FIPA dramatically increases the breadth of Florida’s data breach notification law. This Alert highlights these new requirements.

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Alert on the Florida Information Protection Act of 2014 warns businesses to take proactive measures immediately

Cleveland, Ohio (June 23, 2014) – Florida data breach notification law will soon be replaced by more stringent and encompassing law, and it is imperative for businesses to be proactive in their data security measures in order to remain compliant. That is the warning issued in an alert – Florida raises the bar on data privacy, security and breach notification with passage of new law – earlier today. The alert, issued by McDonald Hopkins’ national Data Privacy and Cybersecurity Practice, details the law’s new requirements and recommends proactive steps that should be taken immediately.

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Cole Haan’s Pinterest contest underscores potential legal missteps

A recent Federal Trade Commission (FTC) investigation looked into whether Cole Haan violated the unfair trade practices section of the law when it required entrants in its Pinterest contest to pin images of the brand’s products in order to enter. This breaks new ground on the levels of scrutiny marketers and PR firms must go to in order to ensure legal compliance with Pinterest contests. More…

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — June 20, 2014

Late Thursday afternoon, House Republicans gathered to elect a new Majority Leader and a new Majority Whip. The election came as the result of Rep. Eric Cantor’s (R-VA) shocking primary loss and his subsequent decision to resign as Majority Leader. When the smoke cleared and the Republicans emerged from the members only vote, Rep. Kevin McCarthy (R-CA) was announced as the new Majority Leader and Rep. Steve Scalise (R-LA) as the new Majority Whip.

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Ghostery Assuages Privacy Concerns Through Transparency and Control

Maybe you’ve noticed this, or maybe you’ve worked on a campaign that uses this tactic: You visit a website to look at shoes, a car, or whatever, then move on to some other website – say Facebook or the New York Times –  and an ad for the site or the product you just visited appears somewhere on the page.  This is called “behavioral advertising” or “behavioral retargeting.” While some consumers like it, others find it creepy.  That “creepiness” feeds into broader concerns about privacy – companies selling consumers data or the NSA scooping up phone records.

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