The number of health and wellness applications available for smart phones and wearable devices continues to grow rapidly. So, too, do the legal issues. The FDA, FTC and FCC each have asserted jurisdiction over various aspects of these applications. Intellectual Property, privacy, unauthorized practice of medicine and many other legal issues abound. A growing number of companies have been subjected to enforcement actions for running afoul of the regulations. This is a complex area with many potential pitfalls.
This course, presented by James Gatto, Sheppard Mullin’s Co-leader of its Social Media and Games Team, reviews the legal issues and regulatory guidance with mHealth applications, discusses recent enforcement actions and provides practical advice on how to avoid legal issues in this area.
I. Obtain an overview of the mHealth app ecosystem
II. Understand the relevant laws that cover these activities
III. Learn about prior enforcement actions
IV. Receive practical advice on how to avoid an enforcement action for your mHealth application
Jim Gatto is a partner in the Intellectual Property Practice Group in the firm's Washington, D.C. office. He is also Co-Team Leader of the firm's Digital Media Industry and Social Media and Games Industry Teams, and Team Leader of the firm's Open Source Team.
Areas of Practice
Mr. Gatto leverages his unique combination of nearly 30 years of IP experience, business insights and attention to technology trends to help companies develop IP and other legal strategies that are aligned with their business objectives. His practice focuses on all aspects of intellectual property, internet and technology law, including patent, trademark, copyright, trade secret and open source. Mr. Gatto advises clients of all sizes (start-ups to Fortune 100 companies) on key legal and business issues relating to the use of social media, video games, social games and online gambling (gamblification), virtual goods and currency, social networks, virtual worlds, mirror worlds, augmented reality, open source user-generated content, location-based services and gamification.
He has extensive experience advising internet and social media companies on business and legal strategies relating to virtual goods and virtual currency, developing IP protection and monetization strategies, handling terms of service and end user license agreements, development, licensing and partnership agreements, developing DMCA policies, handling DMCA enforcement, privacy and COPPA policies and much more.
Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM-related issues.
The content was broad enough to expand my knowledge, yet succinct enough for me to follow along and to identify additional sources for research.
Well presented and focused on each aspect in considerable detail
outstanding presenter with excellent slide content - I'm a physician/attorney so impressed that I shared the slides with a colleague who is working on mobile health app development
Good review of mHealth application legal issues
Very good course.
One of the best CLEs I've taken ina while. Presenter was knowledgeable and engaging and the information presented was at just the right depth.
Very well done.
Presenter was excellent and the organization of the materials makes them particularly useful.
Appreciated the practice tips shared by a talented speaker who weaves them throughout this engaging program.
Great presentation. We are developers/vendors of an mHealth app, so this material was particularly helpful.
Excellent and timely presentation.
Love Gatto -- very broad presentation.
Some information was applicable to what I do, but the entire presentation was informative
This was both enjoyable and informative.
Thank you for another excellent presentation.
enjoyed the subject matter - very applicable
Covered more than medical....HIGHLY useful program
Great CLE Jim! -Dan Sherr
One of the most informative courses I have taken in a very long time. The presenter was well-prepared and the accompanying slides were well done.
Great presentation, wealth of knowledge!
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