Monthly Archives: August 2013

DAA’s New Privacy Guidance for the Mobile Environment

The Digital Advertising Alliance (DAA) recently issued guidance explaining how its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data apply to certain types of data in the mobile space.  The DAA’s Self-Regulatory Principles are a direct response to the Federal Trade Commission’s (FTC) call for advertising industry self-regulation in the digital space.

The DAA clarified that its Self-Regulatory Principles are applicable to three newly-defined classes of mobile data: (1) data collected from a particular device regarding app usage over time on non-affiliated apps (Cross-App Data), (2) data about the physical location of the individual or device (Precise Location Data), and (3) calendar, address book, phone/text log or photo/video data created by a consumer and stored on a device (Personal Directory Data).  In addition, the DAA reaffirmed the applicability of the Self-Regulatory Principles to the collection of data over multiple sites (Multi-Site Data).   Significantly, the DAA acknowledged that it may not be feasible to comply with the Self-Regulatory Principles on mobile devices in the same manner as on desktops.  For example, devices with small screens might make it difficult to provide notice of Multi-Site Data collection on the same webpage where this data was collected.  In such instances, the DAA stated that notice would be acceptable as long as it is “clear, meaningful, and prominent.”

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Arnstein & Lehr welcomes Israeli students to the Chicago office

Israeli Student Reception - Howard SwibelOn August 12, the Chicago office of Arnstein & Lehr hosted a reception for approximately 30 Israeli young legal professionals, in conjunction with Chicago’s Executive LLM Program. The Executive LLM Program is a program initiated seven years ago by Northwestern University School of Law (Chicago) and Tel Aviv University (Isreal) and offers participating students the opportunity to receive a dual degree of Master of Law in the fields of Public Law and International Law. The program is one year in duration, with two semesters at Tel Aviv and one at Northwestern University. In order to be considered for the Executive LLM Program, applicants must be an Israeli practicing lawyer with 5-10 years of experience in a government office, state attorney office, regulatory agency, the judiciary, central or municipal governmental office or public interest NGO.

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Two homes work better for children after separation

The International Platform on Shared Parenting has recently adopted a resolution emphasising how important it is for children that their parents continue to cooperate after separation or divorce, reports charity Families Need Fathers.

The resolution says:

“We must extinguish the flames of conflict between separated parents so that children can benefit from the support of their mothers and fathers. There must be more widespread awareness, acceptance and implementation of shared parenting as a viable and preferred solution among the public and involved professions.”

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Public Hospital Districts Offering Maternity Services Must Offer Abortion Services

A recent Washington Attorney General Opinion concludes that a public hospital district may not administer or fund programs to provide maternity care benefits or services without making provision for abortion services, benefits, and information.  The Opinion primarily relies on RCW 9.02.100 and RCW 9.02.160 which respectively provide in part: The sovereign people hereby declare that […]

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

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Multistate Tax Update — August 22, 2013

If you are delinquent on your taxes owed to New York City and you believe it is unaware, think again. The city that never sleeps will now have another weapon to discover if you are delinquent. On July 31, 2013, New York Governor Andrew Cuomo signed a bill (A. 7557) that enables the New York Department of Taxation (the Department) to share information from a “payment settlement entity” contained in an informational return about its participating payees. Payment settlement entities are essentially payment processors, such as a major credit card company. A participating payee is a person who accepts a payment card, or someone who accepts payment from a third party settlement organization. To cut through the legal jargon, this means that if you are a merchant who accepts payment cards and similar manners of payment, the payment card company (or other settlement organization) is required to divulge information about you to the Department. This is nothing new. The difference is that under the new law, New York City may now receive from the Department the same information about your business that is provided by such payment card companies to the Department. For example, payment processing entities are required to file certain information returns with the Department that contain information about its payees, including such payee’s name, address, tax identification number, and the gross amount of reportable payment transactions. Under the new law, information provided to the Department can be shared with the New York City Commissioner of Finance if the Department determines such information may indicate that your business, as a participating payee, may owe taxes to New York City. Make no mistake, this legislation was passed in order to increase New York City tax compliance.

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Drug and Pharmacy Alert: Florida pharmacy compounders beware: New dispensing requirements for physician in-office use

Florida compounding pharmacies should be aware the DEA’s Five Percent Rule for in-office use does not apply in Florida and that they must comply with more-stringent restrictions of Florida law.

What is “wholesale distribution”?

Generally, “wholesale distribution” is the provision of a drug product (whether commercially available or not) to an individual who is not the ultimate user. For example, providing a compounded product for resale to third parties could be construed as a form of wholesale distribution. Another form of wholesale distribution is providing a prescription drug to physicians for so-called “in-office use.” It is well settled that pharmacies are permitted to legally dispense prescription medication pursuant to a prescriber’s valid prescription for a specific and identifiable patient. “In-office use” involves distributing a product to a physician office without a presently identifiable patient, but for the physician to use when treating future patients. A third and more remote situation of wholesale distribution might be dispensing samples of compounded products to healthcare providers.

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ILN Today Post

DAVIS MALM ATTORNEYS NAMED TO BEST LAWYERS IN AMERICA© FOR 2014

August 21, 2013 – Boston, MA
For more information contact: Joanne Thorud
(617) 589-3896; jthorud@davismalm.com

Davis Malm is pleased to announce that four of its shareholders have been selected by their peers for inclusion in The Best Lawyers in America© 2014 (copyright 2013 by Woodward/White, Inc., Aiden, SC). Best Lawyers® is considered among many as the oldest and most respected peer-review publication in the legal profession.

We congratulate the following shareholders chosen for work in their respective fields:Paul L. Feldman – Environmental Litigation and Real Estate Law
Tamsin R. Kaplan – Litigation-Labor & Employment
C. Michael Malm – Corporate Law
Michael D. Weisman – Personal Injury Litigation-Plaintiffs More…

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ILN Today Post

DIGITAL ADVERTISING ALLIANCE OFFERS NEW PRIVACY GUIDANCE FOR MOBILE ENVIRONMENT

The core provisions of the Digital Advertising Alliance (DAA) new guidance are not yet in effect and will not be enforced while the mobile industry works on implementation issues, but the “implementation phase” has begun.

BACKGROUND

The DAA has issued new guidance explaining how its Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles) and Multi-Site Data (MSD Principles) (together, the Self-Regulatory Principles) apply to certain types of data in the mobile environment. The DAA said that the new guidance clarifies that

its previously-issued Self-Regulatory Principles apply to the mobile environment as well. The themes from the OBA Principles of transparency, consumer control, sensitive data, data security and accountability are all part of the new guidance. More…

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Andra Rubene comments on efficiency of cartel investigations in Latvia, “Diena”

Andra Rubene

In the 12 August 2013 article “Cartels are detected due to errors of their participants” in newspaper “Diena”, when commenting efficiency of cartel investigations in Latvia, partner of Tark Grunte Sutkiene Andra Rubene indicates that despite the fact that the Latvian Competition Council (the Competition Council) actively encourages making use of leniency programme it is actually difficult to use. The minimum amount of information and proof that shall be submitted to the Competition Council in order to benefit from the leniency programme is rather extensive. Therefore in reality many clients after diligent evaluation of the possibility to receive release from fine within the framework of leniency programme come to the conclusion that they are not able to submit all the necessary information and proof.

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"Dog Ate My Emails" No Defense Against Spoliation Sanction

On a motion for spoliation sanctions, it makes no difference that a party destroyed emails without “malevolent” purpose. For a sanctions motion to be granted, it is necessary only to demonstrate that the evidence was destroyed deliberately.

In an article, August 19, 2013, titled “Sanctions Imposed for Non-Malevolent Destruction of Emails,” the New York Law Journal  reported on a decision handed down by the Hon. Shira Scheindlin in the Southern District of New York on August 15, 2013 in Sekisui Medical America v. Hart, 1:12-cv-03479, 2013 U.S. Dist. LEXIS 115533 (S.D.N.Y. 2013).

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