August 2013

Earlier this week, U.S. Federal Trade Commission (FTC) Chairwoman Edith Ramirez gave the keynote address at a technology conference, in which she focused on the privacy challenges of so-called “big data.”   Her remarks provide some guidance about what the FTC considers “best practices” in terms of deploying big data analytics without raising privacy concerns.  

  • Data minimization

On 19 June 2013, the European Commission imposed fines totaling EUR 146 million to Lundbeck and several producers of generic medicines, including Alpharma, Merck KGaA/Generics UK, Arrow, and Ranbaxy, for infringement of Article 101 TFEU.  This is the first Commission decision dealing with so-called “reverse payment” patent settlements or “pay for delay” agreements.

Many employers have been surprised by recent rulings that two common employment policies run afoul of the National Labor Relations Act (“NLRA”) even if their employees are not union members.  Based on a legitimate interest in preserving confidentiality and privacy, many employers have adopted social media policies limiting what employees may post on Facebook or

A federal appeals court recently ruled that a private equity fund might be responsible for the unfunded pension liabilities of its bankrupt portfolio company.  This ruling could have broader repercussions for private investment funds and the companies they own.  If the companies are considered to be related employers under the rules that govern employee benefits,

A pair of recent decisions—one involving a work of street art used by the band Green Day for an in-concert video; the other about a single line from a William Faulkner novel paraphrased in a Woody Allen film—offer two distinct examples of the important role that copyright’s fair use doctrine plays in today’s popular media.

The Digital Advertising Alliance (“DAA”) recently released a guidance document titled Application of Self-Regulatory Principles to the Mobile Environment (“Mobile Guidance”).  The Mobile Guidance does not purport to establish new principles, but rather to explain how the DAA’s existing principles — the Self-Regulatory Principles for Online Behavioral Advertising and for Multi-Site Data — apply to the