Foley Hoag LLP

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Seaport West
155 Seaport Boulevard
Boston, MA 02210, United States
Phone: 617-832-1000
Fax: 617-832-7000
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Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
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  • Environmental Law
  • Finance & Banking
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  • Litigation
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  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Colorado
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • France
Number of Attorneys
200+ Attorneys

Preparing to Comply with the SEC’s New Climate Rules

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted final rules relating to climate-related risks, which are available here. The new rules will require extensive new disclosures, which in turn will require…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

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Is a CID or Government Subpoena a Claim?

For many companies, particularly those in highly regulated industries, the receipt of a civil investigative demand (CID) or subpoena from the government can understandably trigger stress. What might not be top of mind is whether…more

Civil Investigation Demand, Commercial Insurance Policies, D&O Insurance, Insurance Industry, Insurance Litigation

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Last Call for Delaware Applications: Some tips for Applicants

License hunters may have whiplash with state application processes in Kentucky, Minnesota, and Ohio (10(b) licenses) barely in the rearview mirror, but Delaware’s new license application deadline is fast approaching…more

Advertising, Business Development, Business Formation, Business Licenses, Business Taxes

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The New York LLC Transparency Act (“NYLTA”) is Coming

Governor Kathy Hochul signed the law in December 2023 setting out disclosure requirements for limited liability companies (“LLCs”) organized or doing business in New York and creating a database of beneficial owners of New York…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Disclosure Requirements, Filing Requirements

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Nasdaq and NYSE Target Excessive Reverse Stock Splits Used to Regain Compliance with Minimum Security Price Requirements

On October 7, 2024, the US Securities and Exchange Commission approved Nasdaq's proposed modification to Nasdaq Listing Rule 5810(c)(3)(A), which limits the ability of a company whose shares are trading under Nasdaq’s $1.00…more

Listing Rules, Nasdaq, New Rules, NYSE, Regulatory Requirements

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SEC Targets Issuers and Officers for Disclosure Violations Through Data Analytics

Just before the close of its fiscal year, the Securities and Exchange Commission (SEC) brought three noteworthy financial reporting cases against issuers that resulted from the agency’s increasingly sophisticated use of…more

Analytics, Disclosure, Division of Economic and Risk Analysis (DERA), Financial Reporting, Securities and Exchange Commission (SEC)

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The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline

On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). More…more

Administrative Procedure Act, Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act

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The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where, in…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Disputes, NLRA

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TIC Form SHL-Reporting of Foreign Holdings of U.S. Securities Due August 30, 2024

Form SHL is a five-year mandatory benchmark survey filing commissioned by the Department of the Treasury and administered by the Federal Reserve Bank of New York (“FRBNY”) applicable to all U.S.-resident issuers with foreign…more

Deadlines, Filing Requirements, Foreign Investment, FRBNY, Fund Managers

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Department of Transportation Launches the Access to Capital Initiative

On October 17, 2023, the U.S. Small Business Administration (SBA) and the Department of Transportation (DoT) announced the rollout of the Access to Capital Initiative (ACI), a joint effort between the SBA and DoT to help…more

Department of Transportation (DOT), Investment, Private Equity, SBA, Small Business

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Previewing SEC Enforcement in 2023

Takeaways: The SEC’s Division of Enforcement set record-highs in total money relief ordered and total civil penalties assessed in fiscal year 2022…more

Civil Monetary Penalty, Cryptoassets, Cryptocurrency, Enforcement, Environmental Social & Governance (ESG)

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Siemens Energy to Pay $104 Million Criminal Penalty for Misappropriating Competitor Bidding Information

On September 30, 2024, Siemens Energy Inc. (“Siemens Energy”)—a U.S.-based subsidiary of German manufacturing conglomerate Siemens Energy AG—pled guilty to federal criminal charges relating to the misappropriation of…more

Competition, Competitive Bidding, Compliance, Corporate Counsel, Criminal Prosecution

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Product Liability Update - July 2021

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Appeals, Breach of Warranty, Design Defects, Failure To Warn, Federal Food Drug and Cosmetic Act (FFDCA)

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Delaware Chancery Court Rules That Merger Agreement Termination Fee Not Exclusive Remedy Where Seller Accepts Superior Offer in Violation of No-Shop

In a decision of great interest in the M&A world, the Delaware Chancery Court recently ruled that a termination fee is not the exclusive remedy for a seller that accepts a higher offer in breach of a no-shop provision. Genuine…more

Acquisitions, Fees, Merger Agreements, Mergers, Termination Clauses

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Siemens Energy to Pay $104 Million Criminal Penalty for Misappropriating Competitor Bidding Information

On September 30, 2024, Siemens Energy Inc. (“Siemens Energy”)—a U.S.-based subsidiary of German manufacturing conglomerate Siemens Energy AG—pled guilty to federal criminal charges relating to the misappropriation of…more

Competition, Competitive Bidding, Compliance, Corporate Counsel, Criminal Prosecution

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Chevron’s Demise—And What It Means for Healthcare and Life Sciences Companies

Since 1984, the “Chevron doctrine” had served as the bedrock of many regulatory actions by the U.S. Department of Health and Human Services (HHS) and other federal agencies. Under the doctrine, courts followed a two-step process…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Food and Drug Administration (FDA), Healthcare

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Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global…more

Climate Change, Electric Vehicles, Electricity, Energy Policy, Energy Projects

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Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA

In a decision that reads as one of the strongest endorsements of state-based intoxicating hemp regulatory controls in recent memory, the U.S. District Court for the District of New Jersey (“Court”) recently upheld, in part, and…more

Cannabis Products, Commerce Clause, Hemp, Legislative Agendas, Marijuana

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Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins..…more

Acquittals, Alstom, Appeals, Bribery, Corporate Counsel

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COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

See all updates »

Bankruptcy Appellate Panel Blocks Cannabis Employee’s Chapter 13 Relief but Rejects Bright-Line Bar of Eligibility to be a Debtor in a Federal Bankruptcy Case

In a March 2024 decision, the U.S. Bankruptcy Appellate Panel for the First Circuit (the “Panel”) followed existing case law prohibiting debtors in businesses related to cannabis from availing themselves of federal bankruptcy…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Bankruptcy Preferences, Chapter 11

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Cannabis Rescheduling Will Not Open Bankruptcy Doors

As previously discussed by Foley Hoag’s attorneys in its Cannabis practice, a rescheduling of cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance will provide cannabis businesses with the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act, DEA

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International Business and Human Rights Arbitration Proposal Gains Momentum

Between November 27-29, over 2,000 delegates gathered in Geneva to attend the UN Forum on Business and Human Rights. The central theme of this year’s Forum was “Realizing Access to Effective Remedy,” which is the third Pillar of…more

Arbitration, Corporate Social Responsibility, Human Rights, UN Guiding Principles, UNCITRAL

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Treasury Subjects Investment Advisers to Anti-Money Laundering Requirements

On August 28, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued its final rule requiring certain investment advisers to implement anti-money laundering (“AML”) compliance…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Exempt Reporting Advisers (ERAs), Final Rules

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The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law. Ciminelli presented the Court with…more

Criminal Convictions, Federal-Program Fraud, Intent to Obtain Money or Property, Right to Control, SCOTUS

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OFAC Publishes Updated Maritime Oil Industry Advisory

On October 21, 2024, the Department of the Treasury's Office of Foreign Assets Control (“OFAC”) issued an Updated Price Cap Coalition Advisory for the Maritime Oil Industry and Related Sectors (“Updated Advisory”). OFAC…more

Best Practices, Capital Markets, Environmental Policies, Fixed Price, Office of Foreign Assets Control (OFAC)

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Trinity Wall Street v. Wal-Mart Stores, Inc. - “Lawyers, Guns and Money”

On July 6, 2015 the Third Circuit Court of Appeals issued its eagerly awaited opinion in Trinity Wall Street v. Wal-Mart Stores, Inc., addressing the question of what constitutes a company’s ordinary business operations and thus…more

Appeals, Board of Directors, Ordinary Course of Business Defense, Proxy Materials, Shareholder Proposals

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Massachusetts Attorney General Campbell Unveils Five-Year Strategic Plan

This is the first in our 2024 AGO in Action series examining Attorney General Andrea Campbell’s strategic goals and her progress throughout the coming year. We will be posting further installments in the series throughout the…more

Gun Laws, Legislative Agendas, Public Safety, Regulatory Agenda, State and Local Government

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Memorial Day Re-Opening for Adult-Use Retail in Massachusetts

Massachusetts Governor Charlie Baker announced today that Massachusetts adult-use cannabis retail stores will be allowed to re-open for curbside pickup beginning on Memorial Day. The announcement was a part of the Governor’s…more

Cannabis-Related Businesses (CRBs), Cease and Desist Orders, Governor Baker, Mandatory Requirements, Marijuana Related Businesses

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What the Real Estate Sector Needs to Know about the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19

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SEC Adopts Amendments to Rule 14a-8 Eligibility Standards for Submission of Shareholder Proposals

The Securities and Exchange Commission (SEC) adopted amendments to Exchange Act Rule 14a-8, effective January 4, 2021 increasing the economic interest of the shareholder/proponent for eligibility to submit a shareholder proposal…more

Eligibility, New Amendments, Rule 14a-8, Securities and Exchange Commission (SEC), Securities Exchange Act

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“Gossip Cop” Held To Willfully Infringe Copyrighted Photos

In BWP Media USA v. Gossip Cop Media, a case sure to bring cheer to paparazzi and tabloid publishers everywhere, a judge in the Southern District of New York has found after a bench trial that a gossip website willfully…more

Attorney's Fees, Celebrities, Copyright Infringement, Fair Use, Photographs

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Loper Bright's Implications for the Food and Drug Administration and Regulated Industry

Under the Chevron doctrine, FDA and other agencies had significant flexibility to set policy where Congress left a gap or failed to speak clearly when enacting legislation—a common occurrence given the at-times sparse statutes…more

Chevron Deference, Decision-Making Process, Food and Drug Administration (FDA), Government Agencies, Judicial Authority

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Statewide Large Building Energy Reporting Now on the Horizon in Massachusetts

As we posted previously, a lesser-known provision of the Massachusetts legislature’s 2022 An Act Driving Clean Energy and Offshore Wind created M.G.L. ch.25A §20, which requires the reporting of energy usage data for buildings…more

Clean Energy, Disclosure Requirements, Energy Sector, Offshore Wind, Public Comment

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COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

See all updates »

Tennessee v. BlackRock: How this Case Informs How We Look Back and Look Ahead at ESG

This is the final post in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... Politicians in Republican-led states have painted a target on environmental,…more

Antitrust Violations, Asset Management, BlackRock, Business Litigation, Consumer Protection Laws

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Massachusetts Supreme Judicial Court Sets Joint Employer Standard for Wage Act Liability

On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws, Joint Employers, Labor Reform

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The Fate of the Skinny Label: Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC

On May 15, 2023, the Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC et al., a case some argued had enormous implications for so-called “skinny labeling” practices amongst generic drug…more

Class Action, Generic Drugs, GlaxoSmithKline, Patent Infringement, Patent Litigation

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Massachusetts Angel Investor Tax Credit Program for Life Sciences Investments

Are you an investor who has or is interested in funding an early-stage life sciences company in Massachusetts? If so, we have good news. Massachusetts offers an Angel Investor Tax Credit program that could provide certain…more

Business Entities, Early Stage Companies, Investment, Investors, Securities and Exchange Commission (SEC)

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Main Street Lending Facilities under the CARES Act - Update #2

On June 8, 2020, the Board of Governors of the Federal Reserve System (the “Fed”) released improvements favorable to borrowers for its three lending programs (the “Main Street Facilities”) under the Coronavirus Aid, Relief and…more

Borrowers, CARES Act, Eligibility, Federal Funding, Federal Reserve

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COVID-19 Related Due Diligence for Life Sciences Companies

Equity Capital Markets are quiet right now given the COVID-19 pandemic. Less than a handful of IPOs priced last week and IPO activity is down almost 20% on a year over year basis. Life sciences initial public offerings have been…more

Clinical Trials, Coronavirus/COVID-19, Due Diligence, Initial Public Offering (IPO), Regulatory Authority

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Treasury Subjects Investment Advisers to Anti-Money Laundering Requirements

On August 28, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued its final rule requiring certain investment advisers to implement anti-money laundering (“AML”) compliance…more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Exempt Reporting Advisers (ERAs), Final Rules

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Five Ways the Biden Administration Could Rescind or Reverse the Trump Administration’s Regulatory Actions

Various media outlets are reporting that President-elect Joe Biden already has plans to sign a series of executive orders shortly after being sworn into office in January. While some of these planned executive orders will…more

Administrative Procedure Act, Biden Administration, DACA, Executive Orders, Interim Final Rules (IFR)

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SEC Launches Enforcement Sweep for Violations of Section 13(d) and Section 16

On September 27, 2023, the SEC announced a series of enforcement actions against six officers, directors and major stockholders of public companies, as well as five companies, for repeated failures to report information…more

Business Ownership, Disclosure Requirements, Enforcement Actions, Failure to Report, Filing Requirements

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Summary and Key Considerations of Recent HHS-OIG Advisory Opinion on Pharmaceutical Patient Assistance Program for Rare Disorders

On April 8, 2024, the Department of Health and Human Services Office of Inspector General (OIG) issued a long-awaited favorable Advisory Opinion (AO 24-02) for a charitable patient assistance program (PAP) focused on rare…more

Advisory Opinions, Anti-Kickback Statute, Cost-Sharing, Department of Health and Human Services (HHS), Inflation Reduction Act (IRA)

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FERC Issues Proposed Rules to Enhance Grid Cybersecurity Reliability Standards

Cyberattacks on U.S. energy infrastructure have been on the rise in 2024. According to the 2024 Thales Data Threat Report, 42% of critical infrastructure companies, including those in the energy sector, suffered data breaches…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Energy Sector, FERC

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117th Congress to Target Private Entities with Increased Congressional Investigations

This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up next,…more

CARES Act, Congressional Investigations & Hearings, Coronavirus/COVID-19, Criminal Investigations, Legislative Agendas

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EU Commission Issues Communication about GDPR

The EU Commission issued today a “Communication to the European Parliament and the Council” which is entitled “Data protection rules as a trust enabler in the EU and beyond- taking stock”, which outlines the current state of EU…more

Data Protection, Data Protection Authority, EU, EU Data Protection Laws, European Commission

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Massachusetts May “Decouple” From Section 280E

Section 280E of the Internal Revenue Code provides that no deduction or credit shall be allowed for any amount paid or incurred in carrying on any trade or business if such trade or business consists of trafficking in controlled…more

Business Taxes, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Internal Revenue Code (IRC), IRC Section 280E

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SCOTUS Overturns Decision on Bond Hearings for Detainees Subject to Indefinite Detention

Do noncitizens detained for a long time while their cases are pending have the right to a hearing to determine whether they can be released on bond? This was the question posed in the Jennings v. Rodriguez case, a constitutional…more

Bonds, Citizenship, Clear and Convincing Evidence, Constitutional Challenges, Detention

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Massachusetts Legislation Proposes Cost Disclosures and Price Caps for Prescription Drugs

The Massachusetts Legislature is currently considering Senate Bill 1048, “An Act to Promote Transparency and Cost Control of Pharmaceutical Drug Prices.” The bill, sponsored by State Senator Mark Montigny, Vice Chair of the…more

Disclosure Requirements, Healthcare, Pending Legislation, Pharmaceutical Industry, Prescription Drugs

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Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This closely-watched…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

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Publication of G7 Guidance to Prevent Diversion of Common High Priority List (CHPL) Items to Russia/Belarus

CHPL analysis - On September 24, 2024, the G7 has updated its Export Control and Sanctions Evasions Guidance to provide assistance to industrial companies in order to prevent the diversion, notably through third countries, of…more

Economic Sanctions, Export Controls, Exports, G7, New Guidance

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Companies Should Beware of Employees Texting Business Communications

Text messaging is convenient.  It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. …more

Broker-Dealer, CFTC, Compliance, Confidential Communications, Department of Justice (DOJ)

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Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global…more

Climate Change, Electric Vehicles, Electricity, Energy Policy, Energy Projects

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Key Dates for the Main Environmental Legislations

All deadlines and measures which expire between March 12th,2020 and June 23rd, 2020 shall be suspended in whole or in part during this Statutory Period or shall have their expiration date postponed..…more

Deadlines, EU, France, Legislative Agendas

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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Cell-Cultivated Chicken Approved for Sale in the U.S. Market for the First Time

As of June 21, 2023, two food companies have received a grant of inspection from the U.S. Department of Agriculture (USDA) for their cell-cultivated chicken. This means the two companies, GOOD Meat (a division of Eat Just, Inc.)…more

Food Manufacturers, Food Safety and Inspection Service (FSIS), Food Supply, Poultry, Regulatory Agenda

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What Did the Court Really Say About Patent Eligibility?

Implications of Alice v. CLS Bank - Late last week, the United States Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al., a case the technology community had hoped would clarify what kinds of software…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation

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Navigating the International Trade & National Security Landscape

The centrality of international trade laws in the development and execution of U.S. foreign policy has never been more evident than in 2022. Companies that have not invested in international trade compliance programs are behind…more

Belarus, Biden Administration, Bureau of Industry and Security (BIS), CFIUS, China

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Climate Law Matters Newsletter: Energy & Climate Newsletter - June 2024

In This Issue: Battery and Energy Storage Systems - 2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all sectors…more

Acquisitions, Batteries, Clean Energy, Electric Vehicles, Electricity

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State Attorneys General Take to the Courts on the EEOC’s Final Regulation Implementing the Pregnant Workers Fairness Act

When Dobbs v. Jackson Women’s Health Organization (2022) was decided, the issue of abortion regulation was returned to the states. This gave rise to a patchwork of new restrictive state abortion laws leading to inevitable…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Final Rules

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State backed financial support for businesses and start ups

April 10, 2020 On March 25, 2020, the French Government has - through the French public investment bank BPI - launched a program of State-guaranteed loans (“prêts garantis par l’Etat”) in order to help French-based businesses to…more

Coronavirus/COVID-19, EU, France, Loans, Relief Measures

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Federal Cryptocurrency Enforcement in 2023

This is the eighth part in our 2023 series examining important trends in white collar law and investigations. Up next: anti-corruption. The tumultuous crypto events of 2022, combined with the heightened agency and executive…more

Blockchain, CFTC, Cryptocurrency, Department of Justice (DOJ), Digital Currency

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SEC Short Sale Disclosure Rules & Upcoming Compliance Date

On October 13, 2023, the SEC adopted Rule 13f-2 and related Form SHO pursuant to the Securities Exchange Act of 1934 (the “Exchange Act”). Rule 13f-2 seeks to address Congress’ directive under Section 929X of the Dodd-Frank Wall…more

Disclosure Requirements, Dodd-Frank, Form 13F, New Regulations, New Rules

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Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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It’s Official: Biden Administration Publishes Proposed Rule to Reschedule Cannabis

May 16, 2024, could be the most historic day in the history of state-legal cannabis. The Biden administration has published a Proposed Rule to Reschedule cannabis from Schedule I to Schedule III, which has far-reaching…more

Biden Administration, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Legislative Agendas

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Planning for the BIOSECURE Act

Members from both parties in the House and Senate have introduced legislation in both houses (H.R. 7085 / S. 3558) to bar federal agencies from entering into: Contracts, loans, or grant agreements for biotechnology equipment…more

Biden Administration, Biotechnology, Legislative Agendas, Life Sciences, Proposed Legislation

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Upcycling at the Super Bowl

As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item…more

Consumer Confusion, Fashion Branding, Goods or Services, Intellectual Property Protection, IP License

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Massachusetts Business Litigation Session Decides Issues of First Impression in Appraisal Rights Action

The Court held that a modification of an existing stock restriction that has a material adverse effect on a shareholder’s ability to transfer their shares automatically triggers the shareholder’s appraisal rights and ability to…more

Appraisal Rights, Board of Directors, Corporate Governance, Fiduciary Duty, Shareholder Litigation

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SEC Short Sale Disclosure Rules & Upcoming Compliance Date

On October 13, 2023, the SEC adopted Rule 13f-2 and related Form SHO pursuant to the Securities Exchange Act of 1934 (the “Exchange Act”). Rule 13f-2 seeks to address Congress’ directive under Section 929X of the Dodd-Frank Wall…more

Disclosure Requirements, Dodd-Frank, Form 13F, New Regulations, New Rules

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Office of the Massachusetts Attorney General – 2022 Preview

This is the fourth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in tax enforcement. Up next: trends in sanctions & export controls enforcement…more

Climate Change, Enforcement Actions, Environmental Protection Agency (EPA), Healthcare Fraud, State Attorneys General

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Recent Trends of State Attorneys General in Healthcare Regulation

State Attorneys General play a significant role in shaping health care policy across the country. While the national debates over health care policy in Congress and the federal government receive significant media attention,…more

Health Care Providers, Healthcare, Healthcare Reform, Litigation Strategies, Regulatory Agenda

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Delaware Court of Chancery Invalidates Certain Rights in Stockholder Agreement Sidelining Board of Directors

On February 23, 2024, the Court issued an opinion3 invalidating certain provisions of a stockholder agreement, which, in part, contractually constrain the Board’s discretion to exercise control over the business and affairs of…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Want to Say It Ain't So? FDA Guides Firms on How to Respond to Misinformation

Health providers and consumers increasingly rely on the internet for health and medical-related information, but not all such information is reliable, and many statements are downright false. The proliferation of social media…more

Draft Guidance, Enforcement, False Statements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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District Court Declares FCA Qui Tam Provision Unconstitutional

On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the FCA’s…more

Appointments Clause, Article II, Dismissals, False Claims Act (FCA), Florida

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Publication of G7 Guidance to Prevent Diversion of Common High Priority List (CHPL) Items to Russia/Belarus

CHPL analysis - On September 24, 2024, the G7 has updated its Export Control and Sanctions Evasions Guidance to provide assistance to industrial companies in order to prevent the diversion, notably through third countries, of…more

Economic Sanctions, Export Controls, Exports, G7, New Guidance

See all updates »

Employers Should Revisit Their Non-Compete Agreements for 2023

In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use of…more

Assignment of Inventions, Confidentiality Agreements, Employees, Employer Liability Issues, Employment Contract

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Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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Foley Hoag Secures Victory for City of South Portland in Lawsuit Challenging its Clear Skies Ordinance

Federal Court Rules Statute Banning the Bulk Loading of Crude Oil Is Constitutional - Foley Hoag LLP successfully represented the City of South Portland, Maine in a federal lawsuit aiming to overturn the City’s Clear Skies…more

Commerce Clause, Crude Oil, Local Ordinance, Oil & Gas, Zoning Laws

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EPA’s Office of Land and Emergency Management Commits to Environmental Justice

Federal agencies continue to roll out plans to address environmental justice issues, which has become a focal point in the Biden administration’s agenda. Now that the Inflation Reduction Act of 2022 (IRA) is in effect, federal…more

Climate Change, Environmental Justice, Environmental Protection Agency (EPA), EPA Appeals Board, Inflation Reduction Act (IRA)

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SEC Amends “Accredited Investor” Definition

On August 26, 2020, the Securities and Exchange Commission (“SEC”) amended the definition of “accredited investor,” one of the principal tests for determining eligibility for participation in private placements of securities…more

Accredited Investors, Family Offices, Investment Advisers Act of 1940, Investment Company Act of 1940, Limited Liability Company (LLC)

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Product Liability Update - April 2024

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Failure To Warn, Gun Laws, Gun Manufacturers, Indemnification, Manufacturing Defects

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COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

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Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion

The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law…more

Citizen Suits, Clean Air Act, Dismissals, Enforcement Actions, Environmental Protection Agency (EPA)

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SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to…more

Employee Benefits, Employees, Employer Liability Issues, Employment Policies, Family and Medical Leave Act (FMLA)

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Déjà Vu: the Supreme Court Ignores the Solicitor General’s Invitation to Revisit Section 101 . . . Again.

On May 15, 2023, the U.S. Supreme Court denied two highly watched petitions for certiorari, refusing to hear cases that dealt with the patent eligible subject matter requirement of 35 U.S.C. § 101. The Supreme Court’s…more

Alice/Mayo, Denial of Certiorari, Patent-Eligible Subject Matter, Petition for Writ of Certiorari, SCOTUS

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Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the Pleading Standard For Invoking Exceptions to Sovereign Immunity

Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act (“FSIA”)…more

Expropriation, Foreign Sovereign Immunities Act of 1976 (FSIA), Foreign Sovereigns, International Litigation, SCOTUS

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President Trump Issues Proclamation Suspending Issuance of Immigrant Visas for 60 Days, with Numerous Exceptions

On Wednesday, April 22, President Donald Trump signed a Proclamation suspending the issuance of new immigrant visas in an effort to limit job competition as the U.S. economy reels from the COVID-19 pandemic. The President’s…more

Coronavirus/COVID-19, Executive Orders, Immigration Procedures, International Travel, Travel Ban

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Reminder: Compliance Date for NFA's Swaps Proficiency Requirements is January 31, 2021

As a reminder, the compliance date for the National Futures Association’s (NFA) Swaps Proficiency Requirements is January 31, 2021. NFA Members with associated persons (AP) required to satisfy NFA's Swaps Proficiency…more

Compliance, Major Swap Participants, NFA, Required Documentation, Swap Dealers

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The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where, in…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Disputes, NLRA

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Climate Law Matters Newsletter: Energy & Climate Newsletter - June 2024

In This Issue: Battery and Energy Storage Systems - 2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all sectors…more

Acquisitions, Batteries, Clean Energy, Electric Vehicles, Electricity

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NLRB Upends 50 Years of Precedent, Narrows Employer Options for Secret Ballot Elections in Union Organizing Campaigns

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex Construction…more

Collective Bargaining, Employer Liability Issues, Labor Regulations, Labor Relations, NLRB

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Securing Site Control in Cannabis Licensing

In most jurisdictions, applicants need to evidence some form of site control of the location for which they are seeking to secure a license to operate a cannabis facility. While some jurisdictions allow provisional applications…more

Cannabis-Related Businesses (CRBs), Jurisdiction, Licensing Rules, Real Estate Transactions

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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What Elementary and Secondary Schools with IDEA Students Need to Know about the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19, Education Stabilization Fund (ESF), Financial Stimulus, IDEA

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DOJ Announces New Cyber-Fraud Initiative Promoting False Claims Act Enforcement Against Contractors and Grantees Failing to Follow Cybersecurity Standards

As we anticipated last spring, the Department of Justice (DOJ) has signaled that it will utilize civil enforcement of the False Claims Act (FCA) to address new and emerging cybersecurity threats. On October 6, 2021, Deputy…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Privacy, Data Protection

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Product Liability Update - July 2024

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Breach of Warranty, Causation, Design Defects, Distributors, Environmental Protection Agency (EPA)

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SCOTUS Overturns Decision on Bond Hearings for Detainees Subject to Indefinite Detention

Do noncitizens detained for a long time while their cases are pending have the right to a hearing to determine whether they can be released on bond? This was the question posed in the Jennings v. Rodriguez case, a constitutional…more

Bonds, Citizenship, Clear and Convincing Evidence, Constitutional Challenges, Detention

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Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global…more

Climate Change, Electric Vehicles, Electricity, Energy Policy, Energy Projects

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Highlights from CFIUS’ 2023 Annual Report to Congress

On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS) published its Annual Report to Congress for the Calendar Year 2023. The report provides key statistics on the CFIUS process and the transactions…more

Annual Reports, CFIUS, Critical Infrastructure Sectors, Enforcement Actions, Filing Requirements

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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SEC Division of Examinations Issues 2022 Examination Priorities

On March 30, 2022, the U.S. Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) (formerly the Office of Compliance Inspections and Examinations) published its annual examination priorities for…more

Broker-Dealer, Digital Assets, Disclosure Requirements, Emerging Technologies, Enforcement Actions

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Alabama Federal District Court Declares Corporate Transparency Act Unconstitutional

The U.S. Federal District Court for the District of Alabama (the “District Court”) ruled on March 1, 2024, that the Corporate Transparency Act (“CTA”) was unconstitutional. Presiding over the case was Judge Liles Burke, who…more

Alabama, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, Filing Deadlines

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Key Dates for the Main Environmental Legislations

All deadlines and measures which expire between March 12th,2020 and June 23rd, 2020 shall be suspended in whole or in part during this Statutory Period or shall have their expiration date postponed..…more

Deadlines, EU, France, Legislative Agendas

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Fostering More Access to Medical Devices: FDA’s Efforts to Advance Health Equity

On August 5, 2024, FDA’s Center for Devices and Radiological Health (CDRH) published a discussion paper entitled, “Discussion Paper: Health Equity For Medical Devices” (Discussion Paper), to aid in its efforts to advance health…more

CDRH, Clinical Evaluations, Discussion Draft, Food and Drug Administration (FDA), Healthcare

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SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to…more

Employee Benefits, Employees, Employer Liability Issues, Employment Policies, Family and Medical Leave Act (FMLA)

See all updates »

Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

See all updates »

Product Liability Update - July 2024

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Breach of Warranty, Causation, Design Defects, Distributors, Environmental Protection Agency (EPA)

See all updates »

Department of Transportation Launches the Access to Capital Initiative

On October 17, 2023, the U.S. Small Business Administration (SBA) and the Department of Transportation (DoT) announced the rollout of the Access to Capital Initiative (ACI), a joint effort between the SBA and DoT to help…more

Department of Transportation (DOT), Investment, Private Equity, SBA, Small Business

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Massachusetts DOER Releases Draft SREC II Regulations

The Massachusetts Department of Energy Resources (MA DOER) has released draft regulations for its SREC II solar program. The regulations are the latest step toward implementing the Commonwealth’s goal to install a total of 1.6…more

Clean Energy, Energy Policy, Energy Sector, Power Plants, Solar Energy

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The Hazy Landscape of Trademark Protection for Cannabis Products in the U.S.

Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and…more

Cannabis Products, Copyright, DMCA, Federal Bans, Intellectual Property Protection

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Milan: Where Life Sciences Patents Are Now in Fashion

As of June 2024, Milan will begin hearing cases regarding patents classified in IPC Section (A), which includes pharmaceuticals. Milan will have competence to hear revocation actions, as well as actions for declaration of…more

Italy, Life Sciences, Patents, Pharmaceutical Patents, Supplementary Protection Certificate

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Stay of SEC’s Climate Rules Lifted (for now)

The Eighth Circuit has the power to reimpose the stay, either on the same or different terms. Companies affected by the climate rules should continue to monitor the case for further developments…more

Appeals, Climate Action Plan, Climate Change, New Rules, Securities and Exchange Commission (SEC)

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CCC Holds Public Hearing on Proposed Host Community Agreement Requirements

On September 8, 2023, the Cannabis Control Commission (“CCC”) held a hearing to discuss its proposed regulations, which were published in the Massachusetts Register on August 16. The regulations, which we discussed in a previous…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Marijuana

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Employers Should Revisit Their Non-Compete Agreements for 2023

In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use of…more

Assignment of Inventions, Confidentiality Agreements, Employees, Employer Liability Issues, Employment Contract

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Second 83C Offshore Wind RFP Submitted to Massachusetts DPU for Approval

The Massachusetts electric distribution companies (“Distribution Companies”), together with the Massachusetts Department of Energy Resources, have asked the Massachusetts Department of Public Utilities to approve a second…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Sector, Offshore Wind

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

See all updates »

Reminder: New Say-on-Pay Disclosures for Institutional Investment Managers Now Effective

The Securities and Exchange Commission (“SEC”) adopted amendments to Form N-PX on November 2, 2022. Previously, Form N-PX applied solely to registered investment companies (i.e., mutual funds, exchange-traded funds and certain…more

Amended Regulation, Disclosure Requirements, Executive Compensation, Filing Deadlines, Filing Requirements

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President Biden’s “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration’s ESG Commitments

On May 20, 2021, President Biden signed an Executive Order to address predicted financial instability in the federal government as a result of climate change. This Executive Order showcases a dramatic change in how the Biden…more

Biden Administration, Climate Change, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Policies

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Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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Gang of Six Introduces Historic 340B “Discussion Draft” Legislation

On February 2, 2024, the “gang of six”—a bipartisan group of six senators who have traditionally championed reforms to the 340B program1 —introduced a discussion draft of a bill that would modify the program that provides safety…more

Drug Pricing, Legislative Agendas, New Legislation, Pharmaceutical Industry, Pharmacies

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Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global…more

Climate Change, Electric Vehicles, Electricity, Energy Policy, Energy Projects

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

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Summary and Key Considerations of Recent HHS-OIG Advisory Opinion on Pharmaceutical Patient Assistance Program for Rare Disorders

On April 8, 2024, the Department of Health and Human Services Office of Inspector General (OIG) issued a long-awaited favorable Advisory Opinion (AO 24-02) for a charitable patient assistance program (PAP) focused on rare…more

Advisory Opinions, Anti-Kickback Statute, Cost-Sharing, Department of Health and Human Services (HHS), Inflation Reduction Act (IRA)

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FERC Issues Proposed Rules to Enhance Grid Cybersecurity Reliability Standards

Cyberattacks on U.S. energy infrastructure have been on the rise in 2024. According to the 2024 Thales Data Threat Report, 42% of critical infrastructure companies, including those in the energy sector, suffered data breaches…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Energy Sector, FERC

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CMS Final Rule Requires Prescription Drug Pricing Transparency in DTC Advertising

On May 8, 2019, the Centers for Medicare & Medicaid Services (“CMS”) finalized the regulation (“Final Rule” or “DTC Rule”) requiring direct-to-consumer (“DTC”) prescription drug television advertisements to include the wholesale…more

Acquisitions, Advertising, Centers for Medicare & Medicaid Services (CMS), Direct to Consumer Sales, Drug Pricing

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Congress Expands SEC’s Disgorgement Power in Defense Spending Bill

On January 1, 2021, Congress significantly expanded the SEC’s authority to seek disgorgement as a remedy for violations of the federal securities laws, responding to recent decisions by the U.S. Supreme Court that had limited…more

Consolidated Appropriations Act (CAA), Disgorgement, Enforcement Actions, Kokesh v SEC, Liu v Securities and Exchange Commission

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USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence Inventions

On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence…more

Artificial Intelligence, Innovation Patent, Intellectual Property Protection, Inventions, Inventors

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Massachusetts Issues Marketing Rule Reminder

On November 4, 2022, the U.S. Securities and Exchange Commission (the “SEC”) began enforcing its updated advertising requirements for federally registered advisers. Those rules, described in greater detail here, represented a…more

Advertising, Investment, Investment Adviser, Marketing, New Guidance

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

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U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

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Is Your Company’s Board of Directors Cyber Savvy?

Every company should expect that at some point it will experience a data breach. Whether as a result of hackers, disgruntled employees, or careless acts such as losing an unencrypted phone or laptop, data breaches may subject…more

Best Practices, Board of Directors, Chief Information Officers (CIO), Corporate Governance, Cyber Attacks

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SEC Enforcement Co-Director Provides Update on Priorities During Pandemic: Takeaways for Issuers, Investment Advisers and Investment Companies

Following up on previous guidance, Steven Peikin, Co-Director of the SEC Division of Enforcement (“Enforcement”), provided updated detail on Enforcement’s response to the COVID-19 pandemic in a virtual keynote address last month…more

Coronavirus/COVID-19, Enforcement Actions, Fraud, Insider Trading, Market Manipulation

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Chevron’s Demise—And What It Means for Healthcare and Life Sciences Companies

Since 1984, the “Chevron doctrine” had served as the bedrock of many regulatory actions by the U.S. Department of Health and Human Services (HHS) and other federal agencies. Under the doctrine, courts followed a two-step process…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Food and Drug Administration (FDA), Healthcare

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New York On the Fast Track for Cannabis License Application Submission

As will be discussed in greater detail by the Foley Hoag’s cannabis practice team on its webinar scheduled for September 13, 2023, the New York Cannabis Control Board (“CCB”) and Office of Cannabis Management (“OCM”) took…more

Agribusiness, Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries

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It's Past Time to Replace Lead Pipes! It's Time to Figure Out What to Replace Them With

According to a story in Inside EPA (subscription required) last week, EPA’s promulgation on October 8, 2024, of its “2024 Lead and Copper Rule Improvements” has already led to disputes among stakeholders regarding what should…more

Cost-Benefit Analysis, Environmental Protection Agency (EPA), Infrastructure, Plastics, Regulatory Agenda

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Biden Administration Targets Chinese Solar Power Industry Over Human Rights Abuses

As predicted in our recent article in Power Magazine related to international trade risks facing the clean energy industry, the Biden administration took action against several Chinese companies involved in the solar power…more

Biden Administration, China, Customs and Border Protection, Export Administration Regulations (EAR), Forced Labor

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Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop…more

Consumer Confusion, Copyright, Intellectual Property Litigation, Intellectual Property Protection, Right of Publicity

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117th Congress to Target Private Entities with Increased Congressional Investigations

This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up next,…more

CARES Act, Congressional Investigations & Hearings, Coronavirus/COVID-19, Criminal Investigations, Legislative Agendas

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Companies Should Beware of Employees Texting Business Communications

Text messaging is convenient.  It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. …more

Broker-Dealer, CFTC, Compliance, Confidential Communications, Department of Justice (DOJ)

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Federal Circuit Offers Path Through Section 101 Thicket for Biotech Method Patents

In its July 5, 2016 decision in Rapid Litigation Management Ltd and In Vitro, Inc. v. CellzDirect, Inc. and Invitrogen Corp., the Federal Circuit held that patent claims directed to an improved method of cryopreserving certain…more

Ariosa, Biotechnology, CLS Bank v Alice Corp, Examiners, Life Sciences

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New York Restricts Employer Access to Employee Social Media Accounts

On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social media…more

Disciplinary Proceedings, Employer Rights, Hiring & Firing, Job Applicants, New Legislation

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What Elementary and Secondary Schools with IDEA Students Need to Know about the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19, Education Stabilization Fund (ESF), Financial Stimulus, IDEA

See all updates »

Infrastructure Package Makes New Investments in the Electric Transportation Future

The Infrastructure Investment and Jobs Act signed into law today not only makes critical investments in our core infrastructure, it creates several new programs to support the increasing electrification of the transportation…more

Automotive Industry, Biden Administration, Charging Stations, Clean Energy, Climate Change

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Regulating the Impossible Dream: NRC decision streamlines efforts to commercialize fusion

On April 13, 2023, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal that will accelerate the commercialization of fusion energy in the United States. Specifically, the NRC determined that…more

Energy Projects, Energy Sector, Environmental Protection Agency (EPA), Nuclear Energy Innovation and Modernization Act (NEIMA), Nuclear Fusion

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President Biden’s “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration’s ESG Commitments

On May 20, 2021, President Biden signed an Executive Order to address predicted financial instability in the federal government as a result of climate change. This Executive Order showcases a dramatic change in how the Biden…more

Biden Administration, Climate Change, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Policies

See all updates »

Former University of Kansas Professor Sentenced for Making False Statements on Conflict of Interest Disclosure Form

Last month, former University of Kansas Professor Feng “Franklin” Tao was sentenced to time served and two years of supervised release for making false statements in the University of Kansas’s conflict of interest and commitment…more

China, Conflicts of Interest, Convictions, Criminal Sanctions, Disclosure Requirements

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USPTO Announces Revised Guidance for Determining Subject Matter Eligibility

The U.S. Patent and Trademark Office (USPTO) issued new guidance effective January 7, 2019 to its examiners and administrative judges for evaluating what inventions are eligible for patenting under 35 U.S.C. § 101. The guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, USPTO

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

See all updates »

Some Cannabis Employees Are Voting Out Their Union

Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at a…more

Cannabis-Related Businesses (CRBs), Decertification, Dispensaries, Employees, Employer Liability Issues

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Recent Biden Administration Actions on Access to Medication Abortion

In the first week of 2023, the Biden administration announced two actions centered on expanding access to medication abortion. The first involves a policy change by the FDA regarding the ability of retail pharmacies to dispense…more

Abortion, Biden Administration, Department of Justice (DOJ), Food and Drug Administration (FDA), New Legislation

See all updates »

Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop…more

Consumer Confusion, Copyright, Intellectual Property Litigation, Intellectual Property Protection, Right of Publicity

See all updates »

Paycheck Protection Program

So you’ve retained funds provided under the SBA Paycheck Protection Program in the CARES Act. What next? We’ve compiled a checklist to maintain your compliance with the program’s conditions and reduce the risk of audit issues,…more

CARES Act, Federal Loans, Paycheck Protection Program (PPP), Relief Measures, SBA

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In Search of Harmonization: FDA Finalizes Device CGMP Regulation Harmonization with ISO 13485:2016

On February 2, 2024, FDA finalized its nearly two-year-long process to harmonize QS regulations with ISO standards. As we mentioned when FDA proposed the harmonization in 2022, this update represents the first update to the QS…more

CGMP, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA), ISOs

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Supreme Court Holds that Confidential Sales Still Qualify as Patent Prior Art

Earlier this week, the Supreme Court issued a unanimous opinion in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., clarifying that a commercial sale of an invention more than one year before a patent application is filed is…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Corporate Counsel

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Hydrogen Tax Credit Guidance to Be Finalized by Year’s End; Department of Energy Opens Emissions Value Request Process for Clean Hydrogen Producers

After months of waiting to see how federal regulators might advance clean hydrogen tax policy in the runup to and following the November election, we are finally getting some news: Several outlets are reporting that the…more

Clean Energy, Climate Change, Department of Energy (DOE), Energy Projects, Energy Sector

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USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence Inventions

On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence…more

Artificial Intelligence, Innovation Patent, Intellectual Property Protection, Inventions, Inventors

See all updates »

FERC May 2024 Open Meeting Preview

It’s a busy time for the Federal Energy Regulatory Commission (the “Commission” or “FERC”). In March 2024, FERC issued Order No. 2023-A upholding its major generator interconnection reform order, Order No. 2023. FERC followed…more

Electric Generation Suppliers, Electricity, Energy Sector, FERC, Interconnections

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Paycheck Protection Program Flexibility Act – Updates to the PPP

On June 5, 2020, the President signed the Paycheck Protection Flexibility Act of 2020 (the “Act”), which modifies certain provisions of the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) enacted on March 27,…more

Borrowers, CARES Act, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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Biden-Harris Administration Publishes Priorities for Permitting Reform to Build Clean Energy “Faster, Safer, and Cleaner”

Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America’s energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an…more

Biden Administration, Clean Energy, Climate Change, Energy Policy, Environmental Assessments

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The American Rescue Plan Act of 2021: Understanding the Key Provisions Impacting Employers

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law. In addition to providing nearly $2 trillion of monetary relief for individuals and business sectors impacted by the COVID-19…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, COBRA, Consolidated Appropriations Act (CAA)

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Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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New IRS Rule Affecting Hospitality Employers Takes Effect January 1, 2014

The IRS will begin enforcing a new rule concerning the taxation of automatic gratuities on January 1, 2014. Specifically, employers must start treating automatic gratuities – that is, charges that are compulsory to customers –…more

Fair Labor Standards Act (FLSA), Hospitality Industry, IRS, Service Charges, Tips

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IRS Issues Initial Guidance on Investment Tax Credits for Qualifying Advanced Energy Projects

On February 13, 2023, the Treasury Department and the IRS provided initial guidance regarding the § 48C credit renewed by the IRA. Under § 48C, the IRS may allocate credits for qualified investments in an eligible qualifying…more

Department of Energy (DOE), Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS

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The DOJ, SEC, Insider Trading, and Data Analysis

A year ago, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) heralded data analytics in announcing parallel insider trading actions against a senior executive at a pharmaceutical company…more

Analytics, Department of Justice (DOJ), Enforcement Actions, Insider Trading, Investment Schemes

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Supreme Court Declines Certiorari Review in Cellect

On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of…more

Denial of Certiorari, Food and Drug Administration (FDA), Obviousness-Type Double Patenting (ODP), Patent Term Adjustment, Patent Term Extensions

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Paycheck Protection Program

So you’ve retained funds provided under the SBA Paycheck Protection Program in the CARES Act. What next? We’ve compiled a checklist to maintain your compliance with the program’s conditions and reduce the risk of audit issues,…more

CARES Act, Federal Loans, Paycheck Protection Program (PPP), Relief Measures, SBA

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The U.S. Small Business Administration Releases Paycheck Protection Program Interim Regulations

On April 2, 2020, the U.S. Small Business Administration (the “SBA”) issued a new interim final rule that provides implementation guidelines for interpreting its Paycheck Protection Program (“PPP”). As discussed in our main…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), SBA

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Reminder: New Say-on-Pay Disclosures for Institutional Investment Managers Now Effective

The Securities and Exchange Commission (“SEC”) adopted amendments to Form N-PX on November 2, 2022. Previously, Form N-PX applied solely to registered investment companies (i.e., mutual funds, exchange-traded funds and certain…more

Amended Regulation, Disclosure Requirements, Executive Compensation, Filing Deadlines, Filing Requirements

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Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the Pleading Standard For Invoking Exceptions to Sovereign Immunity

Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act (“FSIA”)…more

Expropriation, Foreign Sovereign Immunities Act of 1976 (FSIA), Foreign Sovereigns, International Litigation, SCOTUS

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30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what…more

Anticompetitive Behavior, Antitrust Division, Antitrust Litigation, Antitrust Violations, Competition

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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Name That Artist: How AI Music is Shaping the Right of Publicity

Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts…more

Artificial Intelligence, Copyright, Corporate Counsel, Intellectual Property Litigation, Intellectual Property Protection

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SEC to Recommend Additional Compliance Rules for Investment Advisers

David W. Grim, Director of the SEC’s Division of Investment Management (the “Division”), recently noted in testimony before a U.S. House of Representatives subcommittee that the Division is developing new rule recommendations to…more

Compliance, Derivatives, Dodd-Frank, Registered Investment Advisors, Securities and Exchange Commission (SEC)

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Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Most of us were thrilled to see the calendar turn to 2021 on January 1, closing the chapter on what was an extremely challenging year around the globe. Now that we are a month into the new year, and the fireworks have faded and…more

Copyright, Corporate Counsel, EU, Fees, Intellectual Property Protection

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Federal Circuit Improves the Short-Term “Forecast” for the Doctrine of Equivalents

On Tuesday, September 3, 2019, in response to a petition for rehearing en banc, the Federal Circuit issued an order withdrawing language in the panel decision in Amgen Inc. v. Sandoz Inc., 2018-1551, stating that the doctrine of…more

Doctrine of Equivalents, En Banc Review, Patent Infringement, Patents, Sandoz v Amgen

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Supreme Court Refuses to Halt EPA Power Plant Emissions Rule Pending Federal Appeal

On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired…more

Carbon Capture and Sequestration, Clean Air Act, Climate Change, Energy Sector, Environmental Litigation

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Maine Public Utilities Commission Request for Proposals for the Sale of Energy or Renewable Energy Credits from Qualifying Renewable Resources (Tranche 1)

On February 14, 2020, the State of Maine Public Utilities Commission (the Commission), acting pursuant to the Act To Reform Maine’s Renewable Portfolio Standard, P.L. 2019, Chapter 477 (the Act), issued a Request for Proposal…more

Public Utilities Commission, Renewable Energy, Renewable Portfolio Standards, Request for Proposals, Utilities Sector

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Delaware Court of Chancery Invalidates Certain Rights in Stockholder Agreement Sidelining Board of Directors

On February 23, 2024, the Court issued an opinion3 invalidating certain provisions of a stockholder agreement, which, in part, contractually constrain the Board’s discretion to exercise control over the business and affairs of…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Chevron’s Demise—And What It Means for Healthcare and Life Sciences Companies

Since 1984, the “Chevron doctrine” had served as the bedrock of many regulatory actions by the U.S. Department of Health and Human Services (HHS) and other federal agencies. Under the doctrine, courts followed a two-step process…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Food and Drug Administration (FDA), Healthcare

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OFAC Releases Guidance Regarding Prohibition on New Investment in Russia and Provides Further Clarifications Regarding Investments in Chinese Military-Industrial Complex Companies

I. OFAC Publishes FAQs Addressing Ban on New Investment in Russia On April 6, 2022, President Biden signed Executive Order (“EO”) 14071, which prohibits all “new investment in the Russian Federation by a United States…more

China, Economic Sanctions, Financial Institutions, Financial Services Industry, Investment

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SEC Updates “Qualifying Venture Capital Fund” Threshold for Section 3(c)(1) Exemption Under the Investment Company Act

The two most common exemptions from registration under the Investment Company Act of 1940 (the “Act”) utilized by private funds are under Section 3(c)(7) and Section 3(c)(1). Funds that do not qualify for an exemption under the…more

Capital Markets, Exemptions, Investment, Investment Company Act of 1940, Investors

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The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law. Ciminelli presented the Court with…more

Criminal Convictions, Federal-Program Fraud, Intent to Obtain Money or Property, Right to Control, SCOTUS

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QPAM Amendment – Action Required by Investment Managers

The U.S. Department of Labor (“DOL”) has amended the qualified professional asset manager (“QPAM”) class prohibited transaction exemption 84-14 (“QPAM Exemption”), effective as of June 17, 2024 (“QPAM Amendment”)…more

Amended Regulation, Asset Management, Department of Labor (DOL), Exemptions, Investment Management

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Semiconductor Technology Pilot Program Provides Opportunity to Accelerate Patent Examination

The Chips Act seeks to jump-start semiconductor development in the United States. Last week, the Patent Office has promulgated the Semiconductor Technology Pilot Program (STPP) to further the goals of the Chips Act…more

Claim Construction, Coopertive Patent Classification System, Federal Pilot Programs, Patent Applications, Patent Litigation

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Treasury and IRS Release Proposed Regulations on IRA’s Prevailing Wage and Apprenticeship Requirements

The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor…more

Apprenticeships, Corrections, Department of Labor (DOL), Hours of Service, Inflation Reduction Act (IRA)

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Important Dates and Reminders for Investment Advisers, Exempt Reporting Advisers, Commodity Trading Advisors and Commodity Pool Operators - January 2023

INVESTMENT ADVISERS - Annual Compliance Reviews - All investment advisers registered with the Securities and Exchange Commission (“SEC”) or at the state level are required to review their compliance policies and procedures…more

Cayman Islands, Commodity Pool, Commodity Trading Advisors (CTAs), Deadlines, Filing Requirements

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Publication of G7 Guidance to Prevent Diversion of Common High Priority List (CHPL) Items to Russia/Belarus

CHPL analysis - On September 24, 2024, the G7 has updated its Export Control and Sanctions Evasions Guidance to provide assistance to industrial companies in order to prevent the diversion, notably through third countries, of…more

Economic Sanctions, Export Controls, Exports, G7, New Guidance

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2023 Trends in Criminal Tax Enforcement

This is the second part in our 2023 series examining important trends in white collar law and investigations. Up next: crypto enforcement. The days of decreased IRS enforcement activity may be coming to a close. Although the…more

Cryptocurrency, Cyber Crimes, Enforcement Actions, High Net-Worth, Income Taxes

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Delaware Court of Chancery Invalidates Certain Rights in Stockholder Agreement Sidelining Board of Directors

On February 23, 2024, the Court issued an opinion3 invalidating certain provisions of a stockholder agreement, which, in part, contractually constrain the Board’s discretion to exercise control over the business and affairs of…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Déjà Vu: the Supreme Court Ignores the Solicitor General’s Invitation to Revisit Section 101 . . . Again.

On May 15, 2023, the U.S. Supreme Court denied two highly watched petitions for certiorari, refusing to hear cases that dealt with the patent eligible subject matter requirement of 35 U.S.C. § 101. The Supreme Court’s…more

Alice/Mayo, Denial of Certiorari, Patent-Eligible Subject Matter, Petition for Writ of Certiorari, SCOTUS

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Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA

In a decision that reads as one of the strongest endorsements of state-based intoxicating hemp regulatory controls in recent memory, the U.S. District Court for the District of New Jersey (“Court”) recently upheld, in part, and…more

Cannabis Products, Commerce Clause, Hemp, Legislative Agendas, Marijuana

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District Court Declares FCA Qui Tam Provision Unconstitutional

On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the FCA’s…more

Appointments Clause, Article II, Dismissals, False Claims Act (FCA), Florida

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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Here Comes a New California Privacy Law! A Preliminary Look at the CPRA.

California voters on Election Day passed the California Privacy Rights Act (CPRA), an update and partial overhaul to the California Consumer Privacy Act (CCPA), the landmark 2018 privacy law. The new CPRA strengthens existing…more

American Civil Liberties Union (ACLU), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Collection, Data Privacy

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Update: April 15th Federal Income Tax Return Filing and Payment Deadlines Postponed to July 15th

The IRS and Treasury issued new guidance that supersedes earlier guidance relating to the postponement of the April 15, 2020 tax deadline due to the COVID-19 pandemic. On Friday, the IRS and Treasury announced that both the…more

Coronavirus/COVID-19, Corporate Taxes, Income Taxes, IRS, New Guidance

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Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud

On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury in…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Financial Institutions

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Siemens Energy to Pay $104 Million Criminal Penalty for Misappropriating Competitor Bidding Information

On September 30, 2024, Siemens Energy Inc. (“Siemens Energy”)—a U.S.-based subsidiary of German manufacturing conglomerate Siemens Energy AG—pled guilty to federal criminal charges relating to the misappropriation of…more

Competition, Competitive Bidding, Compliance, Corporate Counsel, Criminal Prosecution

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Governor Baker Provides Relief to Massachusetts Public Companies by Permitting Virtual-Only Annual Meetings amid COVID-19 Pandemic

What do Massachusetts public companies need to know now? Q: WHY WAS AN EMERGENCY ORDER NECESSARY? A: Section 7.08 of the Massachusetts Business Corporation Act, or MBCA, prohibits public companies incorporated in…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, Securities and Exchange Commission (SEC)

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Recent Developments in E.U. and U.S. Human Rights Law Signal an End to Voluntary Corporate Standards

Over the next few years, lawmakers and regulators in many jurisdictions will deepen their implementation of new human rights laws that impose significantly higher compliance burdens on companies. Concerns over whether companies…more

Compliance, Corporate Governance, Due Diligence, Environmental Social & Governance (ESG), EU

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The SVB Bankruptcy Decision and Its Lessons for D&O Insurance Programs

Directors and Officers (D&O) policies are intended first and foremost to protect a company’s individual directors and officers from significant claims which may be asserted against those individuals in their capacities as…more

Banks, Board of Directors, Class Action, Commercial Bankruptcy, Commercial Insurance Policies

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Massachusetts Enacts New Wage Disclosure Requirements for Employers

On July 31, 2024, Massachusetts Governor Maura Healy, in an effort to increase transparency in pay, signed into law wage equity legislation that imposes new disclosure requirements on Massachusetts-based employers. The…more

Disclosure Requirements, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Filing Requirements

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What the Transportation Sector Needs to Know About the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19, Relief Measures

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First Circuit's New England Compounding Center Decisions Illustrate Reach of Federal Criminal Law

In 2012, New England Compounding Center (“NECC”) shipped contaminated anti-pain medication to hospitals and clinics around the country, with devastating consequences. Patients around the country developed fungal meningitis and…more

Drug Compounding, Drug Distribution, Federal Food Drug and Cosmetic Act (FFDCA), Fraud, Healthcare Fraud

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Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins..…more

Acquittals, Alstom, Appeals, Bribery, Corporate Counsel

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Lessons Learned From The Greek Supervisory Authority’s PwC Decision on Employee Data Under GDPR

On 26 July 2019, the Greek Supervisory Authority (SA) found Pricewaterhouse Coopers (“PwC”) not compliant with General Data Protection Regulation (GDPR) in relation to the processing of its Greek employees’ personal data. The SA…more

Corporate Counsel, Data Controller, Data Processors, Employee Privacy Rights, Employer Liability Issues

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EEOC Releases Updated Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, Civil Rights Act, Employer Liability Issues, Employment Litigation

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DOL Issues Proposed Amendment to Investment Advice Fiduciary Regulation

On October 31, 2023, the Department of Labor (“DOL”) issued a much-anticipated proposal to amend its 1975 “investment advice fiduciary” regulation, which defines when a person who provides investment advice for a fee or other…more

Broker-Dealer, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Health Care Fraud Enforcement in 2024

This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... The government had another busy year in 2023 investigating and prosecuting health…more

CARES Act, Coronavirus/COVID-19, Data Privacy, Department of Justice (DOJ), Enforcement Actions

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Chevron’s Demise—And What It Means for Healthcare and Life Sciences Companies

Since 1984, the “Chevron doctrine” had served as the bedrock of many regulatory actions by the U.S. Department of Health and Human Services (HHS) and other federal agencies. Under the doctrine, courts followed a two-step process…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Food and Drug Administration (FDA), Healthcare

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A Look Ahead: Capacity Contracts under the U.S. Department of Energy’s Transmission Facilitation Program

Among the panoply of clean energy-related programs currently being implemented under the 2021 Infrastructure Investment and Jobs Act (“IIJA”), one in particular – for which a solicitation is set to issue soon – will infuse…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Infrastructure Investment and Jobs Act (IIJA)

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U.S. Department of Labor Revises Families First Coronavirus Response Act Regulations

Responding to a recent New York federal court decision invalidating certain of its regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) has…more

Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Employment Policies, Families First Coronavirus Response Act (FFCRA)

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IRS Kicks Off 2024 Allocation Round of Qualifying Advanced Energy Project Credit Program

The Treasury Department and the IRS issued Notice 2024-36 to announce that the second allocation round of the qualifying advanced energy project credit program under Section 48C(e) will commence no later than Tuesday, May 28,…more

Energy Projects, Energy Sector, IRS, Production Tax Credit, Tax Credits

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The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline

On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). More…more

Administrative Procedure Act, Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act

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New York Proposes Adult-Use Rules

The New York Cannabis Control Board (“CCB”) held a momentous meeting on November 21, 2022 wherein it continued to issue more conditional cultivation, processing, and dispensing licenses, but, perhaps more importantly, proposed…more

Agribusiness, Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries

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Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy…more

Commercial Insurance Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance

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Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud

On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury in…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Financial Institutions

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Fostering More Access to Medical Devices: FDA’s Efforts to Advance Health Equity

On August 5, 2024, FDA’s Center for Devices and Radiological Health (CDRH) published a discussion paper entitled, “Discussion Paper: Health Equity For Medical Devices” (Discussion Paper), to aid in its efforts to advance health…more

CDRH, Clinical Evaluations, Discussion Draft, Food and Drug Administration (FDA), Healthcare

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Privacy Shield No Longer Viable Basis for EU-US Data Transfers

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under…more

Corporate Counsel, Data Privacy, Data Protection, EU, EU-US Privacy Shield

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The Fate of the Skinny Label: Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC

On May 15, 2023, the Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC et al., a case some argued had enormous implications for so-called “skinny labeling” practices amongst generic drug…more

Class Action, Generic Drugs, GlaxoSmithKline, Patent Infringement, Patent Litigation

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

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Obligations of Insurer and Policyholder E-book

The liability insurance relationship is primarily one of contract, with the insurance policy as the principal source of the parties’ obligations. As with other types of insurance, the duties of the parties—and the consequences…more

Commercial General Liability Policies, Duty to Defend, Insurance Industry, Liability Insurance, Litigation Insurance

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Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the…more

Amicus Briefs, Appeals, Biden Administration, California, City of Berkeley

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Fostering More Access to Medical Devices: FDA’s Efforts to Advance Health Equity

On August 5, 2024, FDA’s Center for Devices and Radiological Health (CDRH) published a discussion paper entitled, “Discussion Paper: Health Equity For Medical Devices” (Discussion Paper), to aid in its efforts to advance health…more

CDRH, Clinical Evaluations, Discussion Draft, Food and Drug Administration (FDA), Healthcare

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State backed financial support for businesses and start ups

April 10, 2020 On March 25, 2020, the French Government has - through the French public investment bank BPI - launched a program of State-guaranteed loans (“prêts garantis par l’Etat”) in order to help French-based businesses to…more

Coronavirus/COVID-19, EU, France, Loans, Relief Measures

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SEC Proposes New ESG Disclosure Requirements Affecting Investment Advisers

On May 25, 2022, the U.S. Securities and Exchange Commission (the “SEC”) issued a release containing a proposed rule (the “ESG Proposed Rule”) which, if enacted, would require certain exempt and registered investment advisers,…more

Disclosure Requirements, Environmental Social & Governance (ESG), Filing Requirements, Investment Adviser, Investment Companies

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New SEC FAQs Released in Response to COVID-19

On March 16, 2020, in response to the COVID-19 outbreak, the United States Securities and Exchange Commission (“SEC”) Division of Investment Management updated their Frequently Asked Questions (“FAQs”) relating to Form ADV and…more

Coronavirus/COVID-19, Custody Rule, Form ADV, Investment Adviser, Securities and Exchange Commission (SEC)

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Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous…more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, SCOTUS

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OFAC Publishes Updated Maritime Oil Industry Advisory

On October 21, 2024, the Department of the Treasury's Office of Foreign Assets Control (“OFAC”) issued an Updated Price Cap Coalition Advisory for the Maritime Oil Industry and Related Sectors (“Updated Advisory”). OFAC…more

Best Practices, Capital Markets, Environmental Policies, Fixed Price, Office of Foreign Assets Control (OFAC)

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New York State Solicits Comments on the Proposed Scope of the 2025 State Energy Plan

In September 2024, the New York State Energy Planning Board released a Draft Scope of the New York State Energy Plan (the “Draft Scope”) for public comment. The State Energy Plan, originally published in 2015, is guided by…more

Clean Energy, Climate Change, Comment Period, Energy Sector, Energy Storage

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Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the backdrop…more

Consumer Confusion, Copyright, Intellectual Property Litigation, Intellectual Property Protection, Right of Publicity

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SEC Announces $3.8 Million in Penalties in Continued Enforcement Sweep of Late Beneficial Ownership and Insider Transaction Reports

Following its previously announced enforcement sweep in September 2023, the Securities and Exchange Commission (SEC) announced on September 25, 2024, that it had settled charges against 23 entities and individuals for failing to…more

Beneficial Owner, Civil Monetary Penalty, Corporate Governance, Enforcement Actions, Insider Information

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Federal Judge Blocks FTC’s Noncompete Rule Nationwide

On August 20, 2024, Judge Brown of the Northern District of Texas blocked the FTC’s Final Rule banning noncompetes. The decision comes just over a month after Judge Brown’s preliminary injunction order, which stayed the rule…more

Administrative Procedure Act, Arbitrary and Capricious, Employees, Employer Liability Issues, Employment Contract

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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Developments in International Investment Law Herald Enhanced CSR Obligations for Investors

The protection of a company’s investments abroad could soon be linked to that company’s compliance with its CSR obligations. This is what the new Dutch draft model bilateral investment treaty (BIT) heralds. If other countries…more

Bilateral Investment Treaties, Corporate Social Responsibility, International Investment Courts, Investors

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It’s Official: Biden Administration Publishes Proposed Rule to Reschedule Cannabis

May 16, 2024, could be the most historic day in the history of state-legal cannabis. The Biden administration has published a Proposed Rule to Reschedule cannabis from Schedule I to Schedule III, which has far-reaching…more

Biden Administration, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Legislative Agendas

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Supreme Court Finds Religious Schools Entitled to Participate in School Voucher Program

The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise Clause…more

Constitutional Challenges, Espinoza v Montana Department of Revenue, Establishment Clause, Free Exercise Clause, No Aid Clause

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Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud

On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury in…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Enforcement Actions, Financial Institutions

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Foley Hoag 2024 White Collar Year In Preview Series

The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing opioid…more

Anti-Corruption, BlackRock, Congressional Investigations & Hearings, Coronavirus/COVID-19, Department of Justice (DOJ)

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IRS Kicks Off 2024 Allocation Round of Qualifying Advanced Energy Project Credit Program

The Treasury Department and the IRS issued Notice 2024-36 to announce that the second allocation round of the qualifying advanced energy project credit program under Section 48C(e) will commence no later than Tuesday, May 28,…more

Energy Projects, Energy Sector, IRS, Production Tax Credit, Tax Credits

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United Nations Working Group Approves Cybersecurity Report: What is it and What are the Implications?

On 12 March 2021, the United Nations Open-ended Working Group (“OEWG”), established by General Assembly Resolution 73/27 and consisting of all United Nations Member States, adopted by consensus its Final Substantive Report on…more

Coronavirus/COVID-19, Cybersecurity, General Assembly, Information and Communication Technology (ICT), Popular

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Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global…more

Climate Change, Electric Vehicles, Electricity, Energy Policy, Energy Projects

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Federal Judge Blocks FTC’s Noncompete Rule Nationwide

On August 20, 2024, Judge Brown of the Northern District of Texas blocked the FTC’s Final Rule banning noncompetes. The decision comes just over a month after Judge Brown’s preliminary injunction order, which stayed the rule…more

Administrative Procedure Act, Arbitrary and Capricious, Employees, Employer Liability Issues, Employment Contract

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WARN Act Damages Not Subject to Massachusetts Wage Act

Employee Creditors May Not Assert Claim for Such Damages Derivatively Against Corporate Officers - Corporate insolvencies and near insolvencies regularly generate significant claims and litigation initiated by creditors…more

Insolvency, Wage Act, Wage and Hour, WARN Act

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Climate Law Matters Newsletter: Energy & Climate Newsletter - June 2024

In This Issue: Battery and Energy Storage Systems - 2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all sectors…more

Acquisitions, Batteries, Clean Energy, Electric Vehicles, Electricity

See all updates »

UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

See all updates »

Federal Circuit Expands Scope of Liability for Divided Infringement

The Federal Circuit, sitting en banc in Akamai Technologies, Inc. v. Limelight Networks, Inc., this week adopted a new standard governing divided infringement under 35 U.S.C. § 271(a). The new standard is likely to enhance the…more

35 U.S.C. § 271(e)(1), Covered Business Method Patents, Direct Infringement, Divided Infringement, En Banc Review

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Siemens Energy to Pay $104 Million Criminal Penalty for Misappropriating Competitor Bidding Information

On September 30, 2024, Siemens Energy Inc. (“Siemens Energy”)—a U.S.-based subsidiary of German manufacturing conglomerate Siemens Energy AG—pled guilty to federal criminal charges relating to the misappropriation of…more

Competition, Competitive Bidding, Compliance, Corporate Counsel, Criminal Prosecution

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EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles.  The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

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Nasdaq and NYSE Target Excessive Reverse Stock Splits Used to Regain Compliance with Minimum Security Price Requirements

On October 7, 2024, the US Securities and Exchange Commission approved Nasdaq's proposed modification to Nasdaq Listing Rule 5810(c)(3)(A), which limits the ability of a company whose shares are trading under Nasdaq’s $1.00…more

Listing Rules, Nasdaq, New Rules, NYSE, Regulatory Requirements

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Patent Term Adjustment and ODP: USPTO Defends Federal Circuit's Cellect Decision

In December 2021, patent practice was upended by four related United States Patent and Trademark Office (USPTO) Patent Trial & Appeal Board (PTAB) decisions holding that patents subject to statutory Patent Term Adjustment (PTA)…more

Obviousness-Type Double Patenting (ODP), Patent Applications, Patent Litigation, Patent Term Adjustment, Patent Trial and Appeal Board

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SEC Short Sale Disclosure Rules & Upcoming Compliance Date

On October 13, 2023, the SEC adopted Rule 13f-2 and related Form SHO pursuant to the Securities Exchange Act of 1934 (the “Exchange Act”). Rule 13f-2 seeks to address Congress’ directive under Section 929X of the Dodd-Frank Wall…more

Disclosure Requirements, Dodd-Frank, Form 13F, New Regulations, New Rules

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Privacy Shield No Longer Viable Basis for EU-US Data Transfers

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under…more

Corporate Counsel, Data Privacy, Data Protection, EU, EU-US Privacy Shield

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Seven Major U.S. Tech Organizations Voluntarily Commit to A.I. Safeguards

On July 21, 2023, the White House announced that seven leading A.I. organizations (Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI) agreed on and committed to immediately implementing voluntary safeguards for…more

Artificial Intelligence, Online Platforms, Regulatory Agenda, Regulatory Requirements, Technology Sector

See all updates »

CMMI Announces Medicare Dementia Care Model

The GUIDE Model is an eight-year model that will test an alternative payment for participants that delivers key supportive services to people with dementia, including comprehensive, person-centered assessments and care plans,…more

Biden Administration, Caregivers, Centers for Medicare & Medicaid Services (CMS), Dementia, Executive Orders

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Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding in…more

28 U.S.C. § 1782, Arbitration, Discovery, Foreign Jurisdictions, Foreign Tribunals

See all updates »

Cannabis Rescheduling Update: DEA Announces Date for ALJ Hearing

On August 27, 2024, the Drug Enforcement Administration (DEA) has scheduled an ALJ hearing to consider briefs, evidence and witnesses from “interested parties” in connection with the DEA’s proposed rulemaking to reschedule…more

Administrative Law Judge (ALJ), Administrative Procedure Act, Cannabis Products, Controlled Substances Act, DEA

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FDA Finalizes Rule to Assert Authority Over Laboratory Developed Tests

On April 29, 2024, FDA finalized the long-awaited rule to assert authority over the regulation of laboratory developed tests (LDTs) under FDA’s existing regulatory framework for medical devices under the Federal Food, Drug, and…more

CLIA, Clinical Laboratories, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA)

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The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where, in…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Disputes, NLRA

See all updates »

Supreme Court Refuses to Halt EPA Power Plant Emissions Rule Pending Federal Appeal

On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired…more

Carbon Capture and Sequestration, Clean Air Act, Climate Change, Energy Sector, Environmental Litigation

See all updates »

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles.  The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

See all updates »

Supreme Court Blocks OSHA’s “Vax or Test” Rule

On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (“OSHA”) enforcement of its COVID-19 Emergency Temporary Standard (“ETS”). Among other things, the ETS would have required…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates

See all updates »

FDIC Creates Silicon Valley Bridge Bank, N.A. and Issues Updated FAQS

The FDIC has also posted updated FAQs on its website confirming that direct deposits and autopay will continue to operate and that checks will continue to clear. Customers with lines of credit are instructed to contact Silicon…more

Banking Sector, Bridge Banks, Deposit Insurance, Depository Institutions, FDIC

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New York State Solicits Comments on the Proposed Scope of the 2025 State Energy Plan

In September 2024, the New York State Energy Planning Board released a Draft Scope of the New York State Energy Plan (the “Draft Scope”) for public comment. The State Energy Plan, originally published in 2015, is guided by…more

Clean Energy, Climate Change, Comment Period, Energy Sector, Energy Storage

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Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail competition…more

Competition, Electric Generation Suppliers, Electricity, Electricity Costs, Energy Market

See all updates »

Virginia: The Road to Adult Use Cannabis Legalization

The Virginia General Assembly is currently considering adult use cannabis legalization this session. Governor Northam has made it a priority. The legislative black caucus has endorsed it and the legislative sponsors in both…more

Cannabis Products, General Assembly, Governor Northam, Legalization, Legislative Agendas

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Federal Circuit Rejects State Sovereign Immunity Defense to Inter Partes Review

Last year, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit rejected the use of tribal sovereign immunity as a defense to the institution of an IPR. We questioned in a previous alert whether the broad…more

Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Mylan Pharmaceuticals, Patent Trial and Appeal Board, Sovereign Immunity

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CBP Releases Guidance for Compliance Requirements Under the Uyghur Forced Labor Prevention Act

On June 13, 2022, the U.S. Department of Homeland Security’s Customs and Border Protection (“CBP”) published guidance for importers regarding compliance requirements under the Uyghur Forced Labor Prevention Act (“UFLPA”), which…more

Biden Administration, Corporate Counsel, Cross Border Privacy Rules (CBPR), Due Diligence, Entity List

See all updates »

Siemens Energy to Pay $104 Million Criminal Penalty for Misappropriating Competitor Bidding Information

On September 30, 2024, Siemens Energy Inc. (“Siemens Energy”)—a U.S.-based subsidiary of German manufacturing conglomerate Siemens Energy AG—pled guilty to federal criminal charges relating to the misappropriation of…more

Competition, Competitive Bidding, Compliance, Corporate Counsel, Criminal Prosecution

See all updates »

SEC Adopts New Rules on Executive Compensation

On August 25, 2022, the Securities and Exchange Commission (“SEC”) announced the adoption of amendments to rules relating to executive compensation disclosure. The final rule can be found here. As mandated by Section 953(a) of…more

Disclosure Requirements, Dodd-Frank, Executive Compensation, Investors, New Rules

See all updates »

CMMI Releases More Details on New Cell and Gene Therapy Access Model

Model Overview - CMS as Negotiator - Under the model, CMS will negotiate OBAs with participating manufacturers, which will tie pricing for SCD treatments to whether the therapy improves health outcomes for people with…more

Centers for Medicare & Medicaid Services (CMS), Clinical Laboratory Testing, CMMI, Genetic Testing, Life Sciences

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New Federal COVID-19 Appropriations for Healthcare Providers: The Paycheck Protection Program and Health Care Enhancement Act

On April 24, 2020, President Trump signed into law the Paycheck Protection Program and Health Care Enhancement Act (HCEA), which appropriated an additional $75 billion to the Public Health and Social Services Emergency Fund to…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Health Care Providers

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Massachusetts Passes Climate Bill Focused on Clean Energy and Offshore Wind

Governor Baker signed the climate bill (H.5060), titled An Act Driving Clean Energy and Offshore Wind, into law on Thursday August 11, 2022. The act combines and modifies provisions from the House’s proposed offshore wind bill…more

Clean Energy, Climate Change, Fossil Fuel, Governor Baker, Greenhouse Gas Emissions

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FDA Releases Guidance on Submissions for AI/ML-Enabled Devices

On April 3, 2023, the Food and Drug Administration (FDA) published in the Federal Register an announcement of availability for the draft guidance, Marketing Submission Recommendations for a Predetermined Change Control Plan for…more

Artificial Intelligence, Food and Drug Administration (FDA), Machine Learning, Manufacturers, Medical Devices

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Yes, You Were Likely a Victim of the Equifax Hack, But Here’s What You Can Do Now

As we previously said, the Equifax breach affects approximately 143 million Americans. While the hackers stole data that includes addresses, birth dates, full names and Social Security numbers, there are steps you can take today…more

Credit Reporting Agencies, Cyber Attacks, Data Breach, Equifax, Hackers

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Cybersecurity 2021 – The Year in Preview: The GDPR's New Transfer Landmines

Editors’ Note: This is the third in our fifth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Read our previous posts on Energy and Cannabis. A year ago, transferring…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection, EU

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Healthcare Issues to Watch Following the FY2024 Spending Deal

Six months into the fiscal year, Congress has finally passed FY2024 appropriations. It was a painstaking process, which many expected to include policy victories that both sides could celebrate. Instead, the spring work period…more

Artificial Intelligence, Biotechnology, Congressional Committees, Coronavirus/COVID-19, Healthcare

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PTO Provides Guidance on Inventions Created with Help from Artificial Intelligence

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive Order…more

Artificial Intelligence, Comment Period, Executive Orders, Inventions, Inventors

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In Re Cellect: What’s The Issue and What to Expect

What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case…more

Food and Drug Administration (FDA), Hatch-Waxman, Inventions, Obviousness-Type Double Patenting (ODP), Patent Term Adjustment

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Supreme Court in Minerva Surgical Inc. v. Hologic Inc., Upholds but Limits the Scope of the Equitable Doctrine of Assignor Estoppel

The judicially-derived patent-law doctrine of “assignor estoppel” prevents an inventor from assigning a patent to another for value and then later arguing in litigation that the patent is invalid. In Minerva Surgical Inc. v…more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

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FERC May 2024 Open Meeting Preview

It’s a busy time for the Federal Energy Regulatory Commission (the “Commission” or “FERC”). In March 2024, FERC issued Order No. 2023-A upholding its major generator interconnection reform order, Order No. 2023. FERC followed…more

Electric Generation Suppliers, Electricity, Energy Sector, FERC, Interconnections

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Cannabis Rescheduling Will Not Open Bankruptcy Doors

As previously discussed by Foley Hoag’s attorneys in its Cannabis practice, a rescheduling of cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance will provide cannabis businesses with the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act, DEA

See all updates »

French Data Protection Authority Rules on Transfers of Health Data

The French Conseil d’Etat handed down an important decision October, 13th regarding privacy and personal data protection. This decision comes in the wake of the “Schrems II” ruling of the Court of Justice of the European Union…more

CNIL, Coronavirus/COVID-19, Corporate Counsel, Court of Justice of the European Union (CJEU), Data Protection

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OFAC Publishes Updated Maritime Oil Industry Advisory

On October 21, 2024, the Department of the Treasury's Office of Foreign Assets Control (“OFAC”) issued an Updated Price Cap Coalition Advisory for the Maritime Oil Industry and Related Sectors (“Updated Advisory”). OFAC…more

Best Practices, Capital Markets, Environmental Policies, Fixed Price, Office of Foreign Assets Control (OFAC)

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Boeing’s Deferred Prosecution Agreement In Question After Court Rules 737 Max Crash Victims’ Families May Assert Rights Under The Crime Victims’ Rights Act

A recent ruling from a federal district judge in Texas has called into question the finality of deferred prosecution agreements. Deferred prosecution agreements are negotiated and entered into by the government and criminal…more

Boeing, Crime Victims, Deferred Prosecution Agreements, Department of Justice (DOJ), Federal Aviation Administration (FAA)

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Key Dates for the Main Environmental Legislations

All deadlines and measures which expire between March 12th,2020 and June 23rd, 2020 shall be suspended in whole or in part during this Statutory Period or shall have their expiration date postponed..…more

Deadlines, EU, France, Legislative Agendas

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

See all updates »

USPTO Announces Revised Guidance for Determining Subject Matter Eligibility

The U.S. Patent and Trademark Office (USPTO) issued new guidance effective January 7, 2019 to its examiners and administrative judges for evaluating what inventions are eligible for patenting under 35 U.S.C. § 101. The guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, USPTO

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Climate Law Matters Newsletter: Energy & Climate Newsletter - June 2024

In This Issue: Battery and Energy Storage Systems - 2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all sectors…more

Acquisitions, Batteries, Clean Energy, Electric Vehicles, Electricity

See all updates »

Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global…more

Climate Change, Electric Vehicles, Electricity, Energy Policy, Energy Projects

See all updates »

Biden Administration Releases Draft Framework for Exercising Bayh-Dole March-in Rights Taking Into Account Drug Prices

On December 7, the White House announced “New Actions to Lower Health Care and Prescription Drug Costs by Promoting Competition,” which included “a proposed framework for agencies on the exercise of march-in rights on…more

Biden Administration, Drug Pricing, Life Sciences, March-in-Rights, National Institute of Health (NIH)

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Supreme Court Declines Certiorari Review in Cellect

On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of…more

Denial of Certiorari, Food and Drug Administration (FDA), Obviousness-Type Double Patenting (ODP), Patent Term Adjustment, Patent Term Extensions

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Health Care Enforcement: Review of 2022 and A Look Ahead to 2023

This is the third part in our 2023 series examining important trends in white collar law and investigations. Up next: congressional investigations. Health care fraud enforcement remained a top priority at both the national and…more

Analytics, Coronavirus/COVID-19, Criminal Prosecution, Data Protection, Department of Justice (DOJ)

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NY Department of Financial Services Slaps $30 Million Fine on Robinhood’s Crypto Platform for Lax Anti-Money Laundering Controls

On August 1, 2022, the New York Department of Financial Services (“DFS” or the “Department”) secured its first enforcement win against a cryptocurrency platform, Robinhood’s crypto trading arm Robinhood Crypto, LLC…more

Anti-Money Laundering, Cryptocurrency, Enforcement Actions, Financial Institutions, Financial Services Industry

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Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous…more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, SCOTUS

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30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what…more

Anticompetitive Behavior, Antitrust Division, Antitrust Litigation, Antitrust Violations, Competition

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U.S. Department of Labor Releases Final Rule on Federal Prevailing Wage Law

On August 8, 2023, the United States Department of Labor (DOL) issued a final rule interpreting the federal Davis-Bacon Act, the federal law governing payment of wages to construction workers working on federally funded public…more

Davis-Bacon Act, Department of Labor (DOL), Final Rules, Inflation Reduction Act (IRA), Popular

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Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding in…more

28 U.S.C. § 1782, Arbitration, Discovery, Foreign Jurisdictions, Foreign Tribunals

See all updates »

Supreme Court Holds Equitable Laches is No Longer Available to Limit Patent Damages

The Supreme Court, in a 7-1 decision written by Justice Alito, has held that laches cannot be invoked as a defense against any claim for damages in a patent case brought within the 6-year limitation on damages prescribed by…more

En Banc Review, Laches, Patent Infringement, Patent Litigation, Patents

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Russia Sanctions Update - July 27, 2023

On July 20, 2023, the Department of Treasury’s Office of Foreign Asset Control (“OFAC”) designated additional entities in order to further disrupt Russian access to military supplies and deprive the Russian government of revenue…more

Economic Sanctions, Financial Institutions, Financial Transactions, Foreign Trade Regulations, General Licenses

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The Corporate Transparency Act: Impact on Private Fund Managers

Private fund managers are reminded that the Corporate Transparency Act (CTA) may trigger reporting obligations to the Department of the Treasury’s Financial Crimes Enforcement Network for private fund managers and the private…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Foreign Corporations, Fund Managers

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Navigating the International Trade & National Security Landscape

The centrality of international trade laws in the development and execution of U.S. foreign policy has never been more evident than in 2022. Companies that have not invested in international trade compliance programs are behind…more

Belarus, Biden Administration, Bureau of Industry and Security (BIS), CFIUS, China

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What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation,…more

California, Carbon Capture and Sequestration, Clean Air Act, Climate Change, Disclosure Requirements

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The Health Sector Cybersecurity Coordination Center’s September 19 Threat Briefing on Healthcare Technology Security

As healthcare technology continues to evolve, so does the need for robust compliance strategies to safeguard patient information and ensure the integrity of medical devices. In a joint September 19, 2024 presentation, the…more

Artificial Intelligence, Cyber Crimes, Cyber Incident Reporting, Cybersecurity, Data Breach

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