Recent Publications - Marc S. Ullman


FTC Continues to Focus on Data Protection
March 21, 2017 | Privacy, Data & Cyber Law
During 2016 the United States Federal Trade Commission (FTC) announced six formal enforcement actions. All involved corporate failures to protect sensitive personal information (health, financial or other) belonging to customers, other consumers or employees. These included proceedings against the owners of AshleyMadison.com (failure to protect the information of 36 million dating site users) and ASUS TeK …
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Ransomware: A Threat to Any Business, Large or Small
September 20, 2016 | Health Services | Compliance Investigations & White Collar
Marc Ullman’s article entitled, “Ransomware: A Threat to Any Business, Large or Small,” was recently published by Natural Products Insider. According to a recent report by Malwarebytes, an anti-malware software company, a whopping 39 percent of the 540 companies from the United States, Canada, Germany and the United Kingdom surveyed in June 2016 suffered some form …
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The Emerging Threat of Ransomware
April 12, 2016 | Health Services | Compliance Investigations & White Collar | Privacy, Data & Cyber Law
Ottawa Hospital in southeast Ontario, Canada; Hollywood Presbyterian Medical Center in Los Angeles; Lukas Hospital in the German city of Neuss; the California law firm Ziprick and Cramer LLP; solo law practitioner Paul Goodson; and the town of Plainfield, New Jersey all have something in common:  they learned about the cyber threat posed by ransomware …
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Wyndham Worldwide Corp. Settlement with the Federal Trade Commission: Consumer Data Protection Isn’t Only About HIPAA
January 1, 2016 | Health Services | Compliance Investigations & White Collar
On December 9, 2015, the Federal Trade Commission (“FTC”) announced a settlement ending its two-and-a-half year-long litigation with Wyndham Worldwide Corp., the parent of Wyndham Hotels Group (“Wyndham”).  The case arose from three breaches of Wyndham’s computer systems by hackers in 2008 and 2009 during which personal financial information of thousands of consumers was stolen.  …
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Federal Court Rebuffs FTC Effort to Apply Pharmaceutical Standards to Dietary Supplement Substantiation
November 3, 2015
In a case closely followed by all advertisers in general and the dietary supplement/natural products industry in particular, United States v. Bayer Corp., the United States District Court for New Jersey rebuffed an attempt by the Federal Trade Commission (FTC) to greatly increase the level of proof required for an advertiser to substantiate health related …
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The New York Attorney General and Dietary Supplements: Six Months Later
August 31, 2015
With his February 3, 2015, announcement that four national retail chains were selling herbal supplements without any herbs in them, New York Attorney General Eric Schneiderman opened the door on an unprecedented wave of negative publicity for the dietary supplement industry. In the days following the disclosure of the AG’s investigation into this alleged fraud, …
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FDA Looks to Undermine DSHEA – Again
August 31, 2015
Signed into law by President Clinton on October 25, 1994 after being adopted by unanimous consent by a Congress that received in excess of 2.5 million letters urging its passage, the Dietary Supplement Health and Education Act of 1994 (DSHEA) expressly provides that dietary supplements and the ingredients therein that were on the market as …
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The New York Attorney General’s Dietary Supplement Investigation: Where We Stand Today
March 23, 2015 | Health Services
Marc Ullman’s article entitled, “The New York Attorney Geneal’s Dietary Supplement Investigation:  Where We Stand Today,” was published by Natural Products Insider. Click here to read. …
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FDA is Broken
May 16, 2014 | Health Services
The Mission Statement posted on FDA’s Office of Regulatory Affairs webpage by Associate Commissioner Melinda Plaisier on Jan. 21, 2014, stated we can expect the agency to be “Protecting consumers and enhancing public health by maximizing compliance of FDA-regulated products and minimizing risk associated with those products.” The problem, however, is that when it comes …
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