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Topic

Safe Harbor

316 published works

  1. Eye On Privacy

    Impact of Tennessee’s Cybersecurity Class Action Safe Harbor

    By Liisa Thomas, Tracy Chau

    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…

  2. The CLS Blue Sky Blog

    The Dark Side of Safe Harbors

    By Susan C. Morse

    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…

  3. IP IQ

    A Port in the Infringement Storm: When 35 U.S.C. § 271(e)(1)’s Safe Harbor Applies

    By Stephanie D. Scruggs

    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…

  4. Restructuring Globalview

    Mallinckrodt Trust Asserts Novel Argument in Response to Safe Harbor Defense (US)

    By Kyle Arendsen

    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,…

  5. 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.…

  6. Privacy Matters

    European Commission adopts new adequacy decision for EU-US data flows

    By Rachel De Souza

    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…

  7. 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…

  8. 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…

  9. 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…

  10. Griffith Hughes Law Blog

    TABC Proposing Major Changes to Eligibility for Safe Harbor Defense

    By Edgar Korzeniowski

    TABC Attorney Texas Liquor License TABC Violations TABC Audits Dram Shop Defense