On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may prevent its authorised retailers
2017
NIST Releases Updated Draft of Cybersecurity Framework
On December 5, 2017, the National Institute of Standards and Technology (“NIST”) announced the publication of a second draft of a proposed update to the Framework for Improving Critical Infrastructure Cybersecurity (“Cybersecurity Framework”), Version 1.1, Draft 2. NIST has also published an updated draft Roadmap to the Cybersecurity Framework, which “details public and…
Digital Health Checkup: Key Questions to Consider in the Digital Health Sector
Covington’s global cross-practice Digital Health team has posted an illuminating three-part series on the Covington Digital Health blog that covers key questions entities should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.
- In the first part of the series, the Digital Health team answers
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The Brexit Negotiations: High Drama at Lunch
In its meeting of December 14-15, the European Council should be deciding whether to launch the second phase of the Brexit negotiation which is the discussion on the future relationship between the UK and the European Union after Brexit.
This is eighteen months after the Brexit referendum and almost nine months since British Prime Minister…
English High Court Finds Supermarket Liable for Data Breach by Employee in First Successful Privacy Class Action
On December 1, 2017, the High Court of England and Wales found the fourth-largest supermarket chain in the UK, Wm Morrisons (“Morrisons”), vicariously liable for a data breach caused by the intentional criminal actions of one of its employees, namely the leaking of payroll information online.
The breach affected almost 100,000 Morrisons employees and the…
Opportunity in Africa: Covington Launches Johannesburg Office
Opportunity in Africa abounds. Half of the world’s 25 fastest-growing economies are on the continent and according to the United Nations (UN), half of the anticipated global population growth between now and 2050 will occur in Africa. Upwards of 800 U.S. companies have a presence in South Africa alone. Yet, challenges remain: only 35 percent…
California Law Aims to Scrutinize Drug Pricing
Over the last few weeks, much attention has been paid to California’s recently enacted SB 17, legislation that requires pharmaceutical manufacturers to report certain price increases of prescription drugs and, in some cases, provide a justification for such increases. The legislation also requires health insurers and health plans to report additional rate information to…
DoD Updates Internal Guidance on DFARS Cyber Rule
The Department of Defense (“DoD”) has updated portions of its internal guidance addressing compliance with the requirements of Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.204-7012, “Safeguarding Covered Defense Information and Cyber Incident Reporting.”…
Digital Health Checkup (Part Three): Key Questions About AI, Data Privacy, and Cybersecurity
In the third installment of our series, Covington’s global cross-practice Digital Health team considers some additional key questions about Artificial Intelligence (AI), data privacy, and cybersecurity that companies across the life sciences and technology sectors should be asking to address the regulatory and commercial pieces of the complex digital health puzzle.
AI, Data Privacy, and…
NIST Releases New Draft Publication Designed to Assist Contractors In Assessing Compliance with NIST SP 800-171
Ahead of the upcoming December 31, 2017 deadline for federal defense contractors to implement National Institute of Standards and Technology (“NIST”) Special Publication 800-171 (“SP 800-171”), NIST has released a new draft publication designed to assist organizations in assessing compliance under SP 800-171, Draft Special Publication 800-171A, Assessing Security Requirements for Controlled Unclassified Information (“CUI”)…