Author: Tom Hagy
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Suits Allege Apple Concealed Knowledge of iPhone 7 Defect
Apple Inc. has been sued in federal courts in Illinois and California for allegedly knowingly selling iPhone 7 and 7 plus models with an audio chip defect, called the “Audio IC Defect” or “Loop Disease” by consumers, which causes an array of operational issues.
The bug gums up handset audio functions, grays out speaker buttons during calls, and degrades microphone fidelity. And if that’s not enough it can kill Siri’s voice command capabilities.
The plaintiffs accuse Apple of actively concealing the Audio IC Defect while advertising the iPhone 7 as “the best iPhone we ever made.”
The plaintiffs claim that when they first experienced operational problems Apple didn’t offer complimentary repairs.
The suits allege breach of warranty and violation of California and Illinois consumer protection laws. Plaintiffs seek class certification, damages, attorneys’ fees, and injunctive relief. In Illinois, the plaintiffs may also try to force Apple to repair, recall, and/or replace current defective iPhone 7s in the United States and notify all purchasers of the Loop Disease.
Evidence shows “Apple’s internal acknowledgement and subsequent discontinuation of their out-of-warranty repairs without public announcement of the Audio IC Defect amounts to misrepresentation and concealment of the Audio IC Defect,” the California complaint in Casillas v. Apple reads.
Complaints available on Scribd.com.
Casillas v. Apple, N.D. Calif., No. 3:19-cv-2455
Castelli v. Apple, N.D. Ill., Eastern Div., No. ______
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Artificial Intelligence: DeepMind on Debugging Learned Predictive Models
DeepMind, an artificial intelligence research company, in a recent blog post discusses three ways to eliminate bugs in learned predictive models. The company was founded in London in 2010. Google acquired it in 2014. In addition to London they have research centers in Edmonton and Montreal, Canada, and a DeepMind Applied team in Mountain View, California.
“Bugs and software have gone hand in hand since the beginning of computer programming,” the post reads. “Over time, software developers have established a set of best practices for testing and debugging before deployment, but these practices are not suited for modern deep learning systems. Today, the prevailing practice in machine learning is to train a system on a training data set, and then test it on another set. While this reveals the average-case performance of models, it is also crucial to ensure robustness, or acceptably high performance even in the worst case. In this article, we describe three approaches for rigorously identifying and eliminating bugs in learned predictive models: adversarial testing, robust learning, and formal verification.”Read the complete post here!
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Top Five Things to Know if You’re Building Your Cannabis Empire Through M&A — CannaLawBlog
Cannabis is associated with calm. Joining the industry is anything but.
Hilary Bricken already has nearly a decade of experience in the field of cannabis law. She founded the Canna Law Blog in 2010, which now has several contributors from the Harris Bricken firm and is easily one of the best out there. Her latest post offers insights on companies who wish to build their cannabis business through mergers and acquisitions. In her May 6 post, titled “Top Five Things to Know if You’re Building Your Cannabis Empire Through M&A,” she writes:
“It’s no secret that multiple state-by-state operators are building their cannabis empires through aggressive mergers and acquisitions. Last year, our cannabis business attorneys closed more than $100 million in cannabis company acquisitions, and that shows no signs of stopping in 2019. Cannabis M&A is not your run-of-the-mill business dealing though, and working from boilerplate, rote M&A documents is hugely dangerous. In addition, diligence is oftentimes like a regulatory spiderweb laden with liabilities that other businesses do not face. In addition, the barriers to entry in the cannabis industry are increasingly high, tedious, and protectionist, which can really torture business deals.”
Bricken writes that “if you find yourself turning into a larger multi-state operator though acquiring cannabis businesses,” there are at least five things you should know. Read on for what she has to say.
Read the complete post on CannaLawBlog.com here.
Cannabis photo by Matthew Brodeur on UnSplash.com
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Moving Your Corporate Data to the Cloud: Top 13 Things to Think About as you Review Your Hosting Agreement — Judy Selby Consulting
Some data migration risks can be mitigated at the cloud contract stage, Allison Bird, Judy Selby’s partner at Clearview Privacy Consulting LLC, explains.
Regarding indemnification, Bird says, “If data is lost or exposed by the hosting company, your company as well as any affiliates who use the services will be subject to suits from clients and individuals whose data was impacted. You may also be subject to regulatory scrutiny which could result in legal costs and regulatory penalties. To the extent possible, negotiate a full indemnification of third party claims arising out of the hosting services.”She says the limitation of liability section of your hosting agreement “may be the single most important” part. “Your hosting company may make a lot of promises in the agreement. However, if their liability under the agreement is significantly capped, you won’t receive the monetary compensation necessary to make up for hosting company’s acts and omissions that damage the company. Negotiations for a higher cap will translate into real dollars in the event of a security incident.”
Of course, insurance is always a good solution if done right. “You can negotiate the perfect contract but unless your hosting company has a deep pocket, it may not have sufficient capital to make good on contractual obligations in the event of a breach or data loss situation, especially one affecting many of its customers,” Bird says. “Consider adding language into the agreement which requires your hosting company to maintain insurance (with your company as a named insured) covering data breach and inability to access data.”
Read the complete post by Allison Bird on Judy Selby Consulting’s blog.
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The Cloud: Selected Benefits, Risks, and Insurance Coverage Issues (Part 1) — Barnes & Thornburg
Cloud Risk: Do You Transfer Liability Along with Data?
Many of us were using data clouds before we even knew what they were. Now, while most of us are comfortable with the concept, we may not be comfortable knowing who is liable when data is lost, damaged or breached. It’s not a given that your cloud provider absorbs any liabilities, and it’s not a given they can even afford the liability should it arise. Below are quotes from an article by Scott Godes, Kara Cleary, and Heidi Fessler of Barnes & Thornburg LLP on the subject, and a link to their complete article.
Godes, Cleary, and Fessler list several cloud-related risks: data breaches, data loss, interruption of access, compromised credentials and broken authentication, and denial of service. But two other categories for concern are: #1. BYOC, or Bring Your Own Cloud. Employees may be innocently using productivity applications that store work data on non-company clouds, in effect, “bringing their own clouds” to the workplace.
#2. Multi-Tenancy. This involves risks posed when unrelated cloud users are sharing the same computing resources.
“Both the cloud provider and the user must be aware of system and data security to prevent a breach in the security. In addition, when a risk is realized, it may not always be clear who is at fault for the system or security failure.
“There are a lot of misconceptions around the cloud and liability,” the Barnes & Thornburg attorneys write.
“Many companies assume that along with the transfer of their data, they have also transferred their risk to the cloud provider,” they say. “Absent a clear agreement that shifts liability to the cloud provider, the practical reality is that in most cases, there’s very little protection in terms of liability with cloud providers, unless parties are willing to engage in protracted litigation to determine otherwise. The shifting of liability is not nearly as easy as the transfer of data and often it may be the case that the responsibility for a data breach rests with the party that collected and maintained the data originally. Perhaps the most notable exception has been in the healthcare industry, where companies providing support often are classified as ‘business associates’ under HIPAA and might be subject to the same obligations for protecting data as the entity with the original patient relationship. Even here, one could argue that liability transfer does not occur, but rather a liability expansion that includes the cloud provider.”
Read the complete article, the first in a series, on the Barnes & Thornburg blog.
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Anderson Kill’s 5th Annual Cyber Insurance Recovery Conference
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[/one-half-first] [one-half]Recent news of “Collection 1”, a cache of sensitive data now appearing for sale on the dark web and comprised of an astonishing 773 million records, is a grim reminder of the scope of cyber perils for most. Last year’s staggering tally of serious data breaches and theft coupled with a spate of new legislation for companies gathering, hosting and selling consumer data means policyholders must rise to the challenge. New state legislation compounds an already daunting federal and international regulatory landscape, and regulatory compliance will be a must to deal with the attendant fines, penalties and consumer claims that non-compliance can trigger. New technology also continues to drive the evolving conversation about the legal relationships between parties transacting business electronically. Risks range from anonymity that raises jurisdictional and collection issues to “immutable” record keeping that creates a permanent, public record of transactions. –Anderson Kill [/one-half]Find out more about this complimentary seminar from Anderson Kill here!
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Spotify Tells EU Apple is Hampering Competitors as Apple Music Surpasses Spotify in U.S. — MoginRubin
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[/one-half-first] [one-half]“Apple Music recently surpassed Spotify in the U.S. market, according to the Wall Street Journal, signing up 28 million subscribers compared to Spotify’s 26 million. Spotify continues to have more total subscribers, however.
“Spotify Founder and CEO Daniel Elk took to the company blog to make his case, saying, “Apple operates a platform that, for over a billion people around the world, is the gateway to the internet. Apple is both the owner of the iOS platform and the App Store—and a competitor to services like Spotify. In theory, this is fine. But in Apple’s case, they continue to give themselves an unfair advantage at every turn.”
“In a recent statement, Apple says it revolutionized the distribution of music with iTunes, and did the same thing with the App Store, something that has created “many millions of jobs” and, it says, generated more than $120 billion for developers and new industries.”
Read the complete post on the MoginRubin Blog here!
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Philadelphia Jury Hits J&J with $120M Award in Mesh Injury Case — Law360
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[/one-half-first] [one-half]“Jurors credited claims from Susan McFarland that the negligent design of a mesh implant she received in 2008 caused the product to saw through the soft tissue in her pelvis and become exposed in her vagina. She was eventually forced to undergo a second surgery to remove a portion of the implant.
“The pain she’s been left with as a result of the complications, she says, has prevented her from having sex with her husband for the last 10 years.
“This is the second time jurors have been asked to determine whether McFarland and her husband should be awarded damages for injuries she attributes to alleged defects in a so-called TVT-O implant she received to treat urinary stress incontinence.”
Read the complete article on Law360 here. [/one-half]
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Top Class Actions: Vaccine Litigation Case Roundup
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[/one-half-first] [one-half]There have been numerous lawsuits filed alleging injuries caused by the shingles vaccine Zostavax. Cases have stated they were not warned of the adverse side effects of the vaccine alleging it caused the diseases it is meant to prevent, among other things.Here is what the CDC says to consumers: “Your risk of shingles and postherpetic neuralgia (PHN) increases as you get older. CDC recommends that people 60 years old and older get shingles vaccine (Zostavax®) to prevent shingles and PHN. Shingrix (recombinant zoster vaccine) is the preferred vaccine, over Zostavax® (zoster vaccine live), a shingles vaccine in use since 2006. Zostavax may still be used to prevent shingles in healthy adults 60 years and older. For example, you could use Zostavax if a person is allergic to Shingrix, prefers Zostavax, or requests immediate vaccination and Shingrix is unavailable. Zostavax (zoster vaccine live) was licensed by the FDA in 2006. This vaccine reduces the risk of developing shingles by 51% and PHN by 67%. It is given in one dose as a shot, and can be given in a doctor’s office or pharmacy.“
Read more: https://www.cdc.gov/vaccines/vpd/shingles/public/zostavax/index.html
The vaccine is produced by Merck & Co. Their product information can be found here: https://www.merckvaccines.com/Products/Zostavax
Here is a roundup of the cases filed.
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1.Husband and Wife File Zostavax Shingles Vaccine Lawsuit
“A North Carolina husband and wife recently filed a new Zostavax shingles vaccine lawsuit against pharmaceutical giant Merck & Co., alleging the vaccine caused serious side effects.
“The plaintiff, Cecilia S., says she was inoculated with the Zostavax vaccine on March 5, 2017, in order to prevent shingles (or herpes zoster). Unfortunately, the day after receiving this vaccine, Cecilia alleges she suffered from a number of problems, including herpes zoster, cellulitis, and postherpetic neuralgia.”
2. Zostavax Lawsuit Says Vaccine Caused Shingles
“West Virginia patient has filed a Zostavax lawsuit claiming the shingles vaccine gave her shingles instead of preventing her from getting it.
“Shingles is a rash caused by a virus, and can have lasting effects, according to Science News. Shingles is more common in older people, and recently, Pharmacy Times reported that there has been a push to increase vaccination rates.”
3. Can You File a Shingles Vaccine Lawsuit?
“Some patients have come forward with reports of major complications after treatment with Zostavax, a popular shingles vaccine—and some have even filed a shingles vaccine lawsuit over these Zostavax side effects.”
4. No Warning of Severe Reactions to Shingles Vaccine, Couple Claims
“A couple from Illinois alleges they are suffering from severe reactions to shingles vaccine, complications that pharmaceutical company Merck allegedly failed to warn about.
“The couple filed legal action after discovering other patients had reported similar adverse vaccine reactions soon after getting the Zostavax shot.
“Plaintiffs Victoria and Earl V. filed this Zostavax lawsuit alleging Victoria developed shingles, or herpes zoster, despite having been vaccinated against it.”
5. Lawsuit Alleges Hearing Problems Due to Zostavax Shingles Vaccine
“Plaintiff Kim M. is the latest to lodge a lawsuit against Zostavax maker Merck and Company, arguing that the shingles vaccine causes preventable and dangerous Zostavax side effects such as hearing loss. She argues that she might have made a different decision about getting the shot if she had known about the risks.
“The plaintiff alleges that she received the Zostavax vaccine for regular health purposes and prevention of shingles in February 2016 while a resident of California.”
6. Lawsuit Alleges Shingles Vaccine Adverse Effects are Permanent
“A couple has filed a lawsuit alleging they suffer from shingles vaccine adverse effects.
“Plaintiffs Kathleen H. and Joseph W. say Kathleen received the Zostavax vaccine in 2017 for the prevention of shingles, medically known as herpes zoster.
“They allege she suffered severe side effects from the inoculation, including a stroke, physical limitations, mental and emotional distress and severe, permanent personal injuries.”
7. Common Zostavax Shingles Vaccine Complaints Named in New Lawsuit
“The Zostavax shingles vaccine emerged on to the market as a new option for people at risk for developing shingles to guard against it. The CDC recommends that individuals aged 60 and older get the shingles vaccine whether or not they remember having had chicken pox previously in their life. According to research studies, more than 99 percent of Americans 40 and beyond have gotten chickenpox even if they don’t remember getting the disease.”
8. Growing MDL Alleges Serious Zostavax Shingles Vaccine Reactions
“Merck & Co. is facing a growing multidistrict litigation (MDL) consisting of similar claims alleging patients developed serious side effects from the company’s Zostavax shingles vaccine.
“One of the most recent Zostavax shingles lawsuits was filed by a woman from Tennessee, who alleges Merck failed to disclose the full scope of potential vaccine reactions.”
9. Zostavax Lawsuit alleges Vaccine caused Permanent Cardiovascular Complications
“This Zostavax lawsuit is joining a growing multidistrict litigation (MDL), which consists of similar claims alleging Merck failed to warn them against the full severity of the potential side effects associated with their shingles vaccine.
“Plaintiff couple Terrance and Brenda O. conjointly filed this Zostavax lawsuit, stating the side effects of the shingles has permanently impacted their marriage and their quality of life. Like numerous other patients in the United States, Terrance says he was prescribed the Zostavax injection to prevent shingles soon after he turned 60.”
10. Lawsuit Claims Shingles Vaccine and Eye Problems Connection
“Many consumers have already come forward to allege a connection between the Zostavax shingles vaccine and the development of shingles itself.
“However, more patients are now arguing that the shingles vaccine and eye problems is another troubling connection about which the public is not aware.”