Fox Rothschild LLP

The “Data Protection Trustmark Certification” (DPTM), promulgated by the Singapore Infocomm Media Development Authority (IMDA) is a voluntary enterprise-wide certification for organizations to demonstrate sound and accountable data protection practices. DPTM assessment can only be conducted by an IMDA appointed panel of assessment bodies. The certification will be valid for three years and will need to be renewed thereafter. Controls examined in the certification include: appropriate data protection policies and practices openness regarding practices internal…
Data subject access rights and your medical practice: The UK Information Commissioner’s Office (ICO) issues advice. Medical practices have reported a significant rise in subject access requests (SARs) since the GDPR came into effect in May last year, which is a similar trend in other sectors. Here are some points of advice from the ICO: General Practitioners (GPs) cannot query the reason for requesting the information. Providing a patient with online access to their health records…
Data subject access rights and your medical practice. The UK Information Commissioner’s Office (ICO) issues advice. Medical practices have reported a significant rise in subject access requests (SARs) since the GDPR came into effect in May last year, which is a similar trend in other sectors. General Practicioners (GPs) cannot query the reason for requesting the information. Providing a patient with online access to their health records may be sufficient. SAR response may be provided…
By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Company LLC v. Dollar Shave Club, Inc., et al., Civil Action No. 15-1158-LPS-CJB (D.Del. March 21, 2019), the Court, among other things, denied Plaintiff’s motion seeking summary judgment as to the date of conception for the ‘513 patent. Plaintiff sought summary judgment that the invention of the ‘513 Patent was conceived in February 1998, which would have been before the prior art…
In a world of instant gratification, double tapping, and asking Siri for the answers to your burning questions, the concept of an annual performance review is pretty much as “over” as MySpace. Would you wait a calendar year before telling your surgeon they botched a recent procedure? Or a year to complain about bad service in a restaurant? Of course not. And yet, the most common complaint I hear from entrepreneurs is that they just…
What do I always say? If an employer is sued in a FLSA action, collective or otherwise, and is unionized, always look for a National Labor Relations Act/Labor Management Relations Act preemption defense.  Well, it has happened again!  A federal judge has dismissed a collective action alleging that a rehabilitation center did not pay nurses their correct overtime.  The Court held that matter required interpretation of the labor contract and thus had to go to…
A pre-ticked checkbox is not valid consent for placing cookies under the EU eprivacy directive – says the Advocate General to the Court of Justice of the EU in the Planet49 case. Other takeaways: Pre-ticked box + an active “click” on “participate in lottery” is still not sufficient consent for placing cookies. For consent to be “freely given” and “informed,” it must not only be active, but also separate. The activity a user pursues on…
When networking or meeting with a potential client, I am often asked: “Why should I hire you?”  Most people think that more experience is always better and, at first blush, that makes sense.  After all, if I were having surgery, I’d certainly want to go under the knife with a credentialed surgeon instead of a novice intern.  However, when it comes to the practice of law, especially family law, there can be a great benefit…
The USPTO is seeking to change its federal trademark laws for trademark applicants, registrants, and parties who have are domiciled outside the United States.  The proposed change would require applicants, registrants, and parties to hire a U.S.-licensed attorney for representation at the USPTO.  Additionally, U.S.-licensed attorneys representing anyone before the USPTO in trademark matters would be required to provide their bar membership information and confirm their status as an active member in good standing.  U.S.…
A survey shows that most companies are not yet ready for the California Consumer Privacy Act (CCPA), and this includes companies that have undergone compliance processes for the EU General Data Protection Regulation (GDPR). CCPA is not GDPR or a subset of GDPR. It’s a different law with different requirements, for which preparation will require time and attention. More from Forbes.