FTC Report Raps Patent ‘Troll’ Litigation Practices

(October 7, 2016) In its report of a new study on patent assertion entities (PAEs), the Federal Trade Commission (FTC) carefully avoids the term patent troll while finding that “Litigation” PAEs account for 96 percent of patent infringement lawsuits but generate only about 20 percent of patent license revenues of those PAEs studied. The report, […]
Continue Reading

FAA Issues Final Rule for Commercial Drone Use

(June 22, 2016) The Federal Aviation Administration (FAA) has issued a final rule governing the commercial use of small drones. The rule, which goes into effect in late August, covers only the operation of drones, referred to by the FAA as Unmanned Aircraft Systems (UAS), that weigh less than 55 pounds. The rule is silent […]
Continue Reading

Balough Pens Article on Driverless Car Legal Issues

(May 27, 2016) What advice attorneys need to give their clients on driverless cars is explored in an article by Richard C. Balough published by the American Bar Association’s Business Law Today. The age of autonomous vehicles is coming soon. You may soon be seeing vehicles on the road with no drivers as part of […]
Continue Reading

Hollywood Hospital Pays Ransom to Unlock Its IT System

(February 18, 2016) It was not a Hollywood movie but a real life ransomware attack that shut down the enterprise-wide hospital information system of an acute care facility for 10 days. Hollywood Presbyterian Medical Center said it paid 40 Bitcoins or about $17,000 in ransom to obtain a decryption key to unlock its information system. […]
Continue Reading

Trade Personal Information for Benefits? It Depends, Survey Finds

(January 26, 2016) A new study finds Americans are willing under certain circumstances to share personal information for tangible benefits but are frequently unhappy about what happens to the information once they give it out. The Pew Research Center conducted a survey as well as online focus groups in which the participants were given specific […]
Continue Reading

FTC Hits Lumosity for Deceiving Consumers with Brain Training Claims

(Jan. 5, 2016) It was a no brainer for the Federal Trade Commission (FTC) to charge the owner and marketer of the Lumosity brain-training program with deceiving customers through unsupported claims. Lumos Labs, Inc. d/b/a Lumosity, along with its co-founder and its chief scientific officer, agreed to pay $2 million in penalties and will notify […]
Continue Reading

Advertisers Must Warn Users About Native Advertising: FTC

(December 28, 2015) Online users must be clearly warned when viewing “native advertising.” If not, the advertiser may be engaging in prohibited deceptive advertising, the Federal Trade Commission (FTC) warns. In a new “Native Advertising A Guide for Businesses,” the FTC notes that “advertisers are responsible for ensuring that native ads are identifiable as advertising […]
Continue Reading

New Ransomware Attack Using Spam Is Underway

(December 16, 2015)  A new surge in ransomware attacks is underway, posing a threat to businesses and consumers, Symantec Corporation says. The computer security company said attackers are encrypting files and demanding ransom by using an updated version of the ransomware program TeslaCrypt. Over the past two weeks, attackers have sent “out massive volumes of […]
Continue Reading

Uber Drivers Employees or Contractors? Uber Pleadings Say Yes

(July 21, 2015) Are Uber drivers independent contractors or employees? Apparently, the answer depends upon which Uber pleading you read. In an effort to dismiss a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA), Uber argues that the text messages were sent for “job recruitment.” The job was to be a driver for […]
Continue Reading

Employers Must Allow Email Use for Organizational Activities

In a reversal of previous practice, employees may use their employer’s email system for labor organizing, the National Labor Relations Board ruled. The new case involved the right of employees to “communicate with one another regarding self-organization at the jobsite” under Section 7 of the National Labor Relations Act.  In 2007 the NLRB had found […]
Continue Reading