Monthly Archives: June 2011

Supreme Court Strikes Down Vermont Data Mining Law

The Supreme Court this morning voted 6-3 to strike down a Vermont statute that sought to impose significant restrictions on pharmaceutical data mining activities. Justice Kennedy’s opinion in the closely-watched case of IMS v. Sorrell held that the Vermont statute was an unconstitutional regulation of commercial speech.

The first paragraph of Justice Kennedy’s opinion provides a brief summary of the posture of the case and of the Court’s decision:

Vermont law restricts the sale,… More

Is Teamwork the Answer to Data Security?

Increasingly, alliances are viewed as an important way to improve data security.  The Washington Post reports that the National Security Agency is now working with Internet service providers to thwart cyberattacks against defense firms by foreign adversaries.  We have previously noted two other initiatives:   the Advanced Cyber Security Center (to which Foley Hoag serves as legal counsel).and InfraGuard, a Federal Bureau of Investigation program. … More

2011: The Year of the Breach

We are six months into 2011, and it seems destined to be “The Year of the Breach.”  In just the past few months, major American (and multi-national) corporations and institutions have reported that they have been the victims of some kind of security breach: