News & Analysis as of

Genetic Materials Genetic Testing

Carr Maloney P.C.

23andMe Reaches Proposed Settlement in Data Breach Class Action

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In November 2023, a class action lawsuit was filed against the genetic testing company, 23andMe. The plaintiffs alleged that a data breach resulted in the unauthorized disclosure of 6.9 million users’ personal and genetic...more

Holland & Knight LLP

FDA Warning Letter Marks Significant Shift in Enforcement of Laboratory Developed Tests

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The U.S. Food and Drug Administration's (FDA) March 21, 2024, warning letter to Agena Bioscience Inc. (Agena), a genetic diagnostic test developer, generated a lot of immediate commentary among regulatory lawyers and...more

Constangy, Brooks, Smith & Prophete, LLP

Can GIPA be the new BIPA?

There’s a new wave of class action lawsuits hitting Illinois employers, based on a law that has been under the radar for more than 25 years: The Genetic Information Privacy Act, also known as GIPA. Passed in 1998, GIPA...more

Womble Bond Dickinson

Codifying the Experimental Use Exception? USPTO Seeks Public Input

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The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is...more

Fox Rothschild LLP

Some Resources & Updates Relating to Genetic Testing for Paternity

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We have written a couple of times about the 23&Me phenomenon and the chance that those who enter this unknown world come back not just surprised but possibly creeped out by their quest for ancestral knowledge. USA Today...more

Amundsen Davis LLC

Illinois’ Genetic Information Privacy Act Litigation Trends and Why Employers Need to Pay Attention

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The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various...more

Perkins Coie

The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

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Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and...more

Amundsen Davis LLC

Illinois’ Genetic Information Privacy Act: Litigation Trends in 2024 and Beyond

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The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various...more

Fox Rothschild LLP

A 23&ME Update

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Valentine’s Day seemed an odd time to report the subject but CNN posted a five minute story provocatively titled as “I Slept with My Half Sibling.” This recounts the story of a Connecticut social worker who had symptoms of a...more

Fish & Richardson

Middle District of North Carolina Finds Public Interest Favors Granting Preliminary Injunction

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On December 27, 2023, Chief Judge Catherine Eagles of the U.S. District Court for the Middle District of North Carolina granted a motion for preliminary injunction by Natera Inc. enjoining NeoGenomics Laboratories Inc. from...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #385 – 23andMe Sends Letter to Data Breach Victims that Suing Over Breach is Futile

We previously alerted readers to the fact that the most recent data compromise of 23andMe exposed data related to Ashkenazi Jews and individuals of Chinese descent. It is reported by Ars Technica, citing TechCrunch, that...more

Fox Rothschild LLP

“Family Affair” Takes a New Twist

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In America we like to identify who we are by what we do. Thus, in almost every encounter when we meet new people the question turns to: “What do you do?” In my case, when the answer is 40 years of family law, the response is...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Gene Therapy Approvals Gain Steam in 2023: Treatments Offer New Hopes for Rare Diseases

After decades of intense scientific research into developing gene editing technologies, and more than a few setbacks, the field has produced a number of success stories in recent years, demonstrating that regulatory agencies...more

WilmerHale

FTC Announces Enforcement Action Against 1Health.io for Inadequate Protection of Genetic Data and Unfair Privacy Policy Changes

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On June 16, the Federal Trade Commission (FTC) announced an enforcement action against 1Health.io Inc. (“1Health,” also known as Vitagene, Inc.), a genetic testing company that analyzes consumer-provided DNA samples and uses...more

Epstein Becker & Green

Beyond HIPAA: FTC’s Data Protection Authority Results in Settlement with Genetic Testing Company

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A recent enforcement action by the Federal Trade Commission (“FTC”) against 1Health.io—which sells “DNA Health Test Kits” to consumers for health and ancestry insights—serves as a reminder that the FTC is increasingly...more

Morgan Lewis

How China’s Detailed Human Genetic Resources Rules May Impact Multinational Life Science Companies

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China’s Ministry of Science and Technology (MOST) officially announced on June 1, 2023 the release of the “Detailed Implementation Rules for the Management Regulations of Human Genetic Resources” (the Detailed HGR Rules)....more

Morrison & Foerster LLP

China Eyes New Export Controls for Life Sciences Technologies

China is considering new export restrictions on advanced technologies, including, in particular, in the life sciences sectors. In late December 2022, China’s Ministry of Commerce (“MOFCOM”) issued the proposed amendment to...more

Amundsen Davis LLC

The Genetic Information Privacy Act Could Bring the Next Wave of Class Actions in Illinois

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Litigation under the Illinois Biometric Information Privacy Act has recently been making all the headlines, but did you know that Illinois statutes contain protection for genetic information also? Illinois’ lesser-known...more

Hogan Lovells

Gene therapy development in Europe brings layers of liability risks

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The investments in Advanced Medicinal Products (ATMPs) that use gene therapy, somatic cell therapy, and engineered tissues for preventing, treating, or curing human diseases probably represent the biggest innovation in the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Further Elucidation of Domestic Dog Ancestry

An international cadre of scientists* from almost 70 institutions worldwide recently reported their findings in the scientific journal Nature that the domesticated dog (Canis familiaris) arose from two populations of...more

Hogan Lovells

Legal confusion on essentially derived varieties must be cleared up for the sake of innovation - Green light to gene-editing...

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As gene editing techniques come to the fore in the UK and elsewhere, industry increasingly needs clarity on the breeder's exception to plant variety rights. Originally published on IAM media.com on May 2022....more

ArentFox Schiff

Golden State Killer, Genetic Data, and Now GIPA: California's Genetic Information Privacy Act Takes Effect 

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Effective January 1, 2022, California Senate Bill 41, the Genetic Information Privacy Act (GIPA), imposes requirements on the collection, use, and disclosure of genetic data collected or derived from direct-to-consumer...more

Hogan Lovells

California and Florida contribute to web of state genetic privacy protections

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States continue to enact laws targeting the protection of genetic data with two important developments in California and Florida. California’s Genetic Information Privacy Act (“GIPA”), which came into effect on January 1,...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #314 – Got a Genetic Testing Kit for Christmas? Read this Before you Send In That Swab

I have written about genetic testing kits before, but this subject matter is worth repeating. I find that people don’t always understand the consequences when sending a swab to a genetic testing company.  Consumer Reports...more

Fox Rothschild LLP

23 & EEEEEEEEEEEEEEEEEEE!?!?!?!?!? If You Must Search for Ancestors Be Prepared for Surprises

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The Sunday edition of the Philadelphia Inquirer presented a set of stories which are becoming common in a world where Americans can buy DNA kits at the drug store and begin an online search for their ancestry. The sometimes...more

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