Monthly Archives: October 2020

ILN Today Post

Gaming Attorney Jennifer Carleton Brings In-House Counsel Experience to Boyd School of Law Course

ROYAL OAK, Mich./LAS VEGAS, NV, October 20, 2020 – Howard & Howard attorney Jennifer Carleton is sharing her significant experience in gaming and Native American/Indian Gaming Law as an adjunct professor at the University of Nevada, Las Vegas, Boyd School of Law. Carleton is teaching an online course this semester entitled “Special Topics: Indian Gaming Law.”

The class, offered for the first time at Boyd School of Law, will explore numerous legal issues involved in the operation of tribal gaming facilities in the U.S. It also examines the background and history of tribal gaming in North America; the provisions and application of the Indian Gaming Regulatory Act (IGRA); and the powers of the National Indian Gaming Commission (NIGC). In addition, the course will address some of the major issues currently impacting the Indian gaming industry, including the COVID-19 pandemic, the growth of online gaming, and the addition of sports betting.

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ILN Today Post

Unwinding the ambiguity for FDI in Digital Media Sector

To boost the flagging economy, the Government of India last year announced certain changes to the Foreign Direct Investment Policy (“FDI Policy”) under which investment norms were relaxed in certain sectors. Pursuant to the said announcement, Press Note no. 4 dated September 18, 2019, was released which detailed the amendments to the consolidated FDI Policy concerning coal mining, contract manufacturing and single-brand retail trading. However, one change in the press note which raised questions was the decision to introduce and allow 26% FDI in uploading and streaming of news and current affairs through digital media under the Government approval route.

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ILN Today Post

Pollock Honored by OSBF as 2020 recipient of The Ramey Award for Distinguished Community Service

McDonald Hopkins is proud to congratulate McDonald Hopkins Senior Of Counsel R. Jeffrey Pollock on being named the 2020 recipient of The Ramey Award for Distinguished Community Service by the Ohio State Bar Foundation.

The award is given each year to an Ohio attorney whose career has been exemplified by dedication to public and community service, integrity, honor, courtesy, and professionalism. Read more…

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New procedure on medical devices import for their further registration

A new procedure on medical devices import for their further registration in Russia1 will enter into force from 1 January 2021.

According to the new procedure, Roszdravnazor (Russian Federal Service for Surveillance in Healthcare) issues an authorization for medical device import for its further registration in electronic format. Such authorization is valid within 1 year and allows the applicant to import a medical device once.

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Secrecy Is a Necessary, but Not Sufficient, Condition of Alleging Information Is “Trade Secret”: a Court Rules Information Must Confer a Competitive Business Advantage to Receive Statutory Trade Secret Protection Under DTSA

In Payward, Inc. v. Runyon, Case No. 20-cv-02130-MMC, the United States District Court for the Northern District of California granted a Rule 12(b)(6) motion, ruling that information alleged to be “secret” failed to qualify as a “trade secret” under the Defend Trade Secrets Act.  The Court applied California and federal precedent explaining trade secret information confers a competitive business advantage, and found the complaint lacked any such allegations.  The decision make sense given the particular allegations in the case.  But does a “competitive business advantage” requirement comport with a strict textualist reading of the DTSA?

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ILN Today Post

Marc Carmel quoted in Law360 article, ‘Burford’s NYSE Launch Presages Securitized Case Financing’

McDonald Hopkins Litigation Finance Co-Chair Marc Carmel was quoted in Law360’s October 16 article entitled “Burford’s NYSE Launch Presages ‘Securitized’ Case Financing.”

The article by Law360’s Andrew Strickler includes some great insight into litigation finance.

Read the entire article on the Law360 website by clicking the image below: Read more…

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ILN Today Post

‘5 Questions With’ Katie Gallagher, mayor of the City of Brooklyn

1. You’re in your second term leading an inner-ring suburb of Cleveland. What has time taught you about your approach to governing in this environment?

Developing relationships in Cleveland is a hugely important responsibility when you’re trying to position your community well in the region, especially when it’s an older, solidly middle-class community that’s already largely built out. My ultimate responsibility is to my neighbors in Brooklyn, the people who have now twice put me in this position, but being responsible to them means thinking in a way that isn’t insular. As goes Cleveland, so goes Westlake, so goes Cleveland Heights and so goes Brooklyn. Part of my job fighting for Brooklyn, is working closely with public- and private-sector leaders all over northeast Ohio to lift all ships. Read more…

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ILN Today Post

FDA discontinues Emergency Use Authorization reviews for laboratory developed tests

During the Oct. 7, 2020, Food and Drug Administration (FDA) Virtual Town Hall live guidance, Director Timothy Stenzel announced that the FDA would not be issuing any further SARS-CoV-2 Emergency Use Authorizations (EUA) for laboratory developed tests (LDTs). The FDA’s stated goal in making the decision to end LDT EUA reviews is to improve testing capacity by prioritizing its resources for certain tests to increase the public health benefit. Read more…

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Data Breaches and HIPAA Enforcement Remain Endemic Amidst the COVID-19 Pandemic

Recently, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), the agency enforcing the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules, obtained two large breach-related settlements: one from a HIPAA Covered Entity and one from a HIPAA Business Associate.  These enforcement actions signal that despite COVID-19 related challenges, organizations continue to face rampant data breaches and ensuing HIPAA enforcement.

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ILN Today Post

CMS is issuing enrollment revocations with 10-year enrollment bars under 2019 Final Rule

In October of last year, we published an alert regarding a new final rule from CMS, effective November 4, 2019, relating to new enforcement authorities to combat criminal behavior in its programs.  One of the provisions in this final rule was an increase in the maximum reenrollment bar from 3 years to 10 years. The commentary to the final rule provides that this 10-year bar would allow CMS to address a variety of factual situations especially those involving improper or fraudulent behavior and would be restricted to serious behavior and misconduct. Read more…

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