ScarJo vs OpenAI: A Closer Look
INTRODUCTION OpenAI’s lawyers are having a busy year. The darling of the AI world is already fending off a slew of copyright infringement lawsuits, and dealing with a Federal Trade Commission inquiry. But now, OpenAI has a bigger problem: they’ve ticked off Scarlett Johansson. If you haven’t seen the critically acclaimed 2013 Spike Jonze film, […]
TikTok Takes on the US: A Closer Look
The popular social media and video-sharing app TikTok and its parent company ByteDance, are in a legal dispute with the US government, which will determine the platform’s future in the US. This legal battle isn’t just about the platform’s operations, but about the complex relationship between national security and freedom of expression in the digital […]
Decoding India’s Digital Personal Data Protection Act, 2023
The Digital Personal Data Protection Act of India (“DPDPA”)[1] received Presidential assent and was published in the Official Gazette on August 11, 2023, less than a week after it was passed by the lower House of Parliament, marking a watershed moment for data privacy in India. The enactment of the DPDPA is a culmination of […]
Fitness Wearables and the Law in India – Part 3
– Shantanu Mukherjee and Anushka Iyer[1] RECAP & INTRODUCTION In a world where watches and rings can continuously monitor essential human biomarkers, the distinction between a fitness wearable and a medical device, and that between a patient and a consumer, has significantly blurred. While new wearable devices like smart watches and rings continue to be […]
Health Data Privacy: Why the Law Matters
By Shantanu Mukherjee and Amruth Rao[1] On June 24, 2022, the United States Supreme Court overruled Roe v. Wade 410 U.S. 113 (1973), and Planned Parenthood v. Casey, 505 U.S. 833 (1992), and held that the American Constitution does not confer upon its citizens the right to abortion. In doing so, the Court allowed the states to […]
Oracle, Cerner, and The Quest For Healthcare Data
Shantanu Mukherjee and Amruth Rao[1] On 7th June 2021, Oracle announced that it had completed the acquisition of Cerner in a USD 28.3 billion, all-cash deal. Oracle, the world’s second-largest software company by revenue, is best known for its database software products and cloud services. Cerner, the second-largest healthcare IT company in the U.S. provides […]
Fitness Wearables and the Law: Part 2
By Shantanu Mukherjee and Anushka Iyer RECAP OF PART 1 The use of wearable devices capable of identifying key human biomarkers (e.g. blood pressure and oxygen levels) sharply accelerated during the Covid-19 pandemic. The deadly coronavirus came as an unpleasant reminder of the human body’s frailty and triggered a desire among many to lead healthier […]
Is Your Watch FDA Approved? Fitness Wearables and the Law: Part 1
by Shantanu Mukherjee and Anushka Iyer* on May 20, 2022 INTRODUCTION The COVID-19 pandemic led to the evolution and adoption of technology at an unprecedented pace in the Lifesciences industry, to the point where much of what would have been considered science fiction a few years ago is now close to reality. Consider how the […]
The Regulation of Telemedicine: A Global Comparative Analysis
by Shantanu Mukherjee and Vatsala Sood[i] INTRODUCTION Telemedicine usage spiked early in the COVID-19 Pandemic as consumers and providers sought safe ways to access and deliver healthcare. The healthcare profession had to react swiftly to deal with the social distancing measures put in place to assist flatten the curve of COVID-19 infections. At the peak […]
An Overview of Healthtech Regulation in India: Part 2
RECAP OF PART 1 The pandemic has catalysed an unprecedented degree of interest in digital health and ‘healthtech’, in terms of products and services being offered, patient/consumer adoption and investor appetite. Yet, predictably, legislation has failed to keep up with the breakneck pace of growth in this young industry. For now, the healthtech ecosystem is […]
