On Friday, March 27, 2015, the Federal Trade Commission and Wyndham Worldwide Corp. filed supplemental briefing in the Third Circuit regarding whether the FTC had made an adjudicative decision that the FTC Act prohibits unreasonable cybersecurity practices and, if not, whether a federal court could hear a case charging a violation of the FTC Act
March 2015
German Exemptions from Mandatory Rebates for Pharma Companies Are in Line with EU State Aid Rules
By Johan Ysewyn
The European Commission (the Commission) confirmed on 27 March 2015 that a German scheme exempting pharmaceutical companies from mandatory rebates is in line with EU State aid rules. The Commission concluded that the scheme facilitated price freezes on certain medicines, which in turn allows the costs of the public health system to be kept…
HHS Creates A New Out-of-Pocket Limit For Health Plans
By Amy N. Moore
In case you missed this development—which was buried in the preamble of a 129-page Federal Register notice dealing mainly with rules for the individual and small group markets—HHS has created a new out-of-pocket limit for group health plans that provide family coverage. HHS says that the limit for self-only coverage applies to each individual who…
Ethiopian Airlines Is Bringing Africa Together and to the World
By Covington
The ongoing expansion activities of Ethiopian Airlines has the potential to make a significant impact on intra-African trade and in deepening the region’s integration into the global economy.
At between 10% and 12%, intra-African trade lags far behind that of other regions. A key reason for this trade deficit is the dearth of transportation…
Department of Labor Establishes Two-Month Grace Period for Participant-Level Fee Disclosure
In 2010 the DOL published a final regulation requiring plan administrators of participant-directed individual account plans to disclose fees, expenses, and certain other plan information to participants and beneficiaries. The regulation requires plan administrators to provide these disclosures on or before the date on which a participant or beneficiary can first direct investments and “at…
English Court of Appeal Decision Significantly Expands UK Privacy Law
By Dan Cooper
Dan Cooper and Phil Bradley-Schmieg
On March 27, 2015, the England and Wales Court of Appeal (EWCA) handed down a historic judgment in Google Inc v. Vidal-Hall & Ors [2015] EWCA Civ 311, with significant consequences for organizations handling personal data in, or from, the UK.
This case was brought against Google Inc. by…
Federal Circuit Invokes Blue & Gold to Affirm Dismissal of Two Protests
Earlier this month, in Bannum, Inc. v. United States, the United States Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ dismissal of two separate bid protests filed by Bannum Inc, challenging the Bureau of Prisons’ award of contracts for the operation of residential “reentry centers” in Mississippi and South…
This Week in Congress – March 30, 2015
The House and Senate adjourned on Friday for a two-week recess. Both chambers are set to return on Monday, April 13.
There was a steady flurry of activity prior to their adjournment, as both chambers considered their annual budget resolutions (though the Senate had not considered a budget resolution for several years under Democratic control),…
U.N. Appoints Special Expert to Monitor Privacy Issues
In an effort to improve international privacy rights, the United Nations Human Rights Council yesterday established a special rapporteur on the right to privacy. Special rapporteurs are expert individuals appointed with specific mandates to investigate, monitor, and report on particular human rights concerns that range from access to water to extrajudicial killings. Yesterday’s Resolution on…
CJEU Hears Oral Arguments in Pivotal EU-U.S. Safe Harbor Case
By Dan Cooper
By Dan Cooper and Phil Bradley-Schmieg
On March 24, 2015, the Court of Justice of the EU (CJEU) heard arguments in Case C-362/14 (Schrems). The High Court of Ireland has asked the CJEU whether Ireland’s data protection authority (DPA) — and by extension other EU DPAs — is bound by the Commission’s adequacy decision (Decision 520/2000/EC)…