Resource Library

This article is a memorandum to the Standing Committee by the Civil Rules Advisory Committee.

Breaches of patient privacy/security are considered the number one risk for liability in the healthcare industry today. Control over patient information in today’s society is becoming ever increasingly difficult with the expanding use of electronic health records, personal health records and social media, plus the advent of Health Information Exchanges. Outsourcing of healthcare operations provides additional risk, especially the enforceability of patient privacy/security law when patient information is sent outside the US. Unfavorable media, government enforcement, class action litigation and identity theft all pose a constant concern to in-house counsel, and vendors themselves are now at greater risk of liability with penalties now imposed on business associates. This panel will provide an overview of the principal federal laws & regulations concerning privacy/security (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.

This Memorandum describes the proposed “package” of amendments to the Federal Rules of Civil Procedure which are now pending before the Supreme Court.

As companies seek to unlock value from their strong brands by expanding into new geographies or product markets, these moves can be fraught with significant legal risks. Panelists will discuss the Kraft Foods Group Brands v. Cracker Barrel Old Country Store case, in which Cracker Barrel was preliminarily enjoined from expanding the reach of its brand to new product categories. Learn different techniques to safely accomplish brand expansion, including developing effective licensing, co-branding and merchandising programs that enhance brand equity, updating trademark clearance procedures, employing innovative trademark application procedures, creating international brand expansion policies and implementing trademark portfolio management strategies to establish an advantage in the global marketplace. Discover how your company can leverage its brands’ existing value while protecting itself from missteps that can shrink profitability, dilute brand value and erode hard-earned competitive advantage.