Topic
Safe Harbor
316 published works
Eye On Privacy
Impact of Tennessee’s Cybersecurity Class Action Safe Harbor
Tennessee has joined a handful of other states to provide certain safe harbors in the cybersecurity realm. Unlike others, the law sits beside -but does not modify- the states’ data…
The CLS Blue Sky Blog
The Dark Side of Safe Harbors
Safe harbors are useful and nifty. Consider the SEC’s accredited investor safe harbor under Rule 506 of Regulation D, which allows private securities offerings to sufficiently wealthy investors. Rule 506…
IP IQ
A Port in the Infringement Storm: When 35 U.S.C. § 271(e)(1)’s Safe Harbor Applies
Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least…
Restructuring Globalview
Mallinckrodt Trust Asserts Novel Argument in Response to Safe Harbor Defense (US)
A common defense to a fraudulent transfer claim in bankruptcy concerning a securities transaction is the “safe harbor” defense under section 546(e) of the Bankruptcy Code. In a unique twist,…
Prosecution First Blog
Safe Harbor Protection: Acadia Pharms., Inc. v. Aurobindo Pharma Ltd.
By Adriana L. Burgy Stacy Lewis
In Acadia Pharms., Inc. v. Aurobindo Pharma Ltd., No. 20-985-GBW (D. Del. Dec. 2023), the district court granted Acadia’s motion for summary judgment of no invalidity for obviousness-type double patenting.…
Privacy Matters
European Commission adopts new adequacy decision for EU-US data flows
Authors: Jim Sullivan, Rachel De Souza, Heidi Waem, John Magee and David Brazil On 10 July 2023, the European Commission adopted its long-awaited adequacy decision for the EU-US Data Privacy…
Incontestable Blog
Failure to Follow DMCA’s Safe Harbor Procedures Does Not Create Affirmative Cause of Action
By Jonathan Uffelman Margaret A. Esquenet
The Western District of Wisconsin recently held that an internet service provider (“ISP”), cannot be held liable for claims that that ISP failed to follow the Digital Millennium Copyright Act’s…
Green Leaf Brief
Will the Push for a Bank Safe Harbor on Cannabis Succeed?
By Robert W. Savoie, Aaron P. Kouhoupt, McGlinchey
The Conference of State Bank Supervisors (CSBS) has sent letters to the U.S. House of Representatives and the Senate, stressing the importance of providing safe harbor for financial institutions offering…
Griffith Hughes Law Blog
TABC's Proposed Rule Changes Will Increase Costs For TX Businesses and Push out Small Operators
By Ryan Hughes
This upcoming Friday, February 11, 2022, the TABC is hosting a Stakeholder Meeting regarding potentially dramatic changes to its rules relating to the safe harbor defense and how the agency…
Griffith Hughes Law Blog
TABC Proposing Major Changes to Eligibility for Safe Harbor Defense
TABC Attorney Texas Liquor License TABC Violations TABC Audits Dram Shop Defense