Showing 34 posts from 2011.
CMS Recognizes Additional Hardship Categories for Electronic Prescribing Waivers
On June 1, 2011, the Centers for Medicare & Medicaid Services ("CMS") issued a proposed rule that would allow certain physicians to avoid having to use electronic prescribing ("eRx") by the required June 30, 2011 date.
Currently, CMS requires that providers complete at least 10 drug orders using an eRx system between January 1 and June 30, 2011 in order to avoid a one percent decrease in Medicare payments in 2012. Prior to the June 1, 2011 proposed rule, only rural providers with limited internet access or providers in an area with limited pharmacies for eRx could claim a hardship waiver to avoid the penalties for failing to make the 10 eRx orders. Read More ›
Categories: News
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.xxx Domain Names: Trademark Holders Beware!
The Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for managing top-level domain name spaces (e.g., .com, .org, .edu and .gov), recently approved .xxx as a new top-level domain name space. .xxx top-level domain names are intended for adult content. However, the .xxx top-level domain could result in an unwanted affiliation between your brand and the adult entertainment industry or create an opportunity for brandjackers and cybersquatters to register “YourCompany.xxx” in order to trade off your company’s brand or extract payments. Read More ›
Categories: Domain Name Registration, Trademarks
First Electronic Health Record Incentive Payments To Be Issued However Few Are Able to Exchange Information as Required
The Office of the National Coordinator for Health Information Technology ("ONC") announced that the first electronic health record ("EHR") incentive payments were going to be made in mid-May to providers who had successfully attested to having met "meaningful use" and all of the other program requirements. The maximum payment that a Medicare provider in the EHR program can receive in 2011 for his or her first year of participation is $18,000. Incentive payments for eligible hospitals begin at $2 million. Read More ›
Categories: Technology
Juror's Undisclosed MySpace Friendship Secures New Trial for Convicted Felon
In West Virginia v. Dellinger, the West Virginia Supreme Court held that a juror's failure to disclose her MySpace "friendship" with the criminal defendant violated the defendant's constitutional right to a fair and impartial jury. In Dellinger, the defendant, a sheriff, was convicted of multiple felonies relating to the fraudulent administration of a grant program. The juror in question was a MySpace "friend" of the defendant and posted a message on the defendant's MySpace page one week before trial. During voir dire, the juror was asked whether she had any social relationship with the defendant. However, the juror did not acknowledge her MySpace "friendship," and the defendant did not realize that the juror and his MySpace "friend" were one in the same until after the trial. Read More ›
Categories: Social Media
A Little Known Secret to the War on IP Piracy – that is Free
How would you like to have the weight of the U.S. Federal Government behind you in combating piracy of your product? And how would you like to have it for free? If you answered no to both, perhaps you should reevaluate your business acumen. For those who answered in the affirmative, please read on.
The free service is offered through the Office of Intellectual Property Rights (OIPR) of the U.S. Department of Commerce. OIPR can assist your company in combating intellectual property piracy of your products. After you have secured your intellectual property protections at home and abroad and taken local enforcement steps through the administrative or legal process, OIPR will step in on your behalf and work with the foreign government to target, confiscate and destroy the piracy items. Read More ›
Categories: Intellectual Property, Privacy, Trademarks
The Taxation of Cloud Computing: Proposed Guidance
Cloud computing and its various delivery methods continue to grow at an impressive rate. A potent example of this growth is "software as a service," or SaaS, a product that allows consumers to access software remotely over the Internet for a fee. For example, Google Docs, Google’s “software as a service” office suite, allows users to create documents, presentations, and spreadsheets via software stored remotely on Google’s servers. Read More ›
Categories: Cloud Computing, Tax
Video Sharing Site NOT Liable for Infringement - DMCA
If you own or are operating a video or file sharing website that utilizes another's content (read another's copyrights) the following case presents you with a valid defense. If you are the user whose copyright has been infringed, this law is worth knowing before proceeding with costly litigation.
Veoh Networks - a video hosting website - sought protection under the Digital Millennium Copyright Act's safe harbor provision against a user's infringement claims. The user claimed Veoh (1) knew of and failed to remove infringing videos uploaded by other users; (2) had the ability to control infringing activity on its system; and (3) that its infringer policy was inadequate. Read More ›
Categories: Copyright, Intellectual Property, Social Media
Buying Registered Trademarks as Google Adwords?
Have you ever taken the time to Google your company name?
It might be worth your time. If you find that your competitors are more prominently displayed in the tan sponsored link box or along the right side of the search page, you may be able to stop these companies from purchasing your company's trademarks as Google Adwords. Read More ›
Categories: Intellectual Property, Trademarks
DOJ Urges U.S. Supreme Court To Approve Warrantless GPS Tracking
The Fourth Amendment protects an individual from unreasonable searches and seizures. As it stands today, unless an individual has a reasonable expectation of privacy, local and federal law enforcement are not required to obtain a warrant prior to conducting a search. Does a person reasonably expect that law enforcement will attach a GPS tracking device to a vehicle to clandestinely monitor that person’s every movement? The Department of Justice (DOJ) thinks so. Read More ›
Categories: Privacy
Invalid "Terms and Conditions" link to bind consumer to restriction
Are you purchasing items online, or, are you a merchant selling products using a website? If so, you should check your Terms and Conditions link.
The case in point is Hines v Overstock.com Inc., and is relatively new under commercial law standards. Read More ›
Categories: E-Commerce
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