Foley & Lardner LLP

“No Robo Bosses Act” Proposed in California to Limit Use of AI Systems in Employment Decisions

A new bill in California, SB 7, proposed by State Senator Jerry McNerney, seeks to limit and regulate the use of artificial intelligence (AI) decision making in hiring, promotion, discipline, or termination decisions. Also known…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), California, Employee Rights

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Tax Credits in the Inflation Reduction Act Aim to Build a More Equitable EV Market

In February of this year, it was high time for me to buy a new car. I had driven the same car since 2008, and getting this-or-that replaced was costing more and more every year. As a first-time car buyer, I had two criteria: I…more

Electric Vehicles, Free Trade Agreements, Inflation Reduction Act (IRA), Manufacturers, Rebates

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New Artificial Intelligence (AI) Regulations and Potential Fiduciary Implications

Fiduciaries should be aware of recent developments involving AI, including emerging and recent state law changes, increased state and federal government interest in regulating AI, and the role of AI in ERISA litigation. While…more

Anti-Discrimination Policies, Artificial Intelligence, Compliance, Data Privacy, Data Security

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2023 Telemedicine & Digital Health Trends

Medicare telehealth post-Public Health Emergency (PHE): With the COVID-19 PHE concluding on May 11, 2023, many of the telehealth flexibilities the Centers for Medicare & Medicaid Services (CMS) implemented during the PHE will…more

Centers for Medicare & Medicaid Services (CMS), Controlled Substances, DEA, Department of Health and Human Services (HHS), Digital Health

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Thorny Laws That ICHRA Vendors Should Consider, Part 2

As summarized in our prior article on this topic, individual coverage health reimbursement arrangements (ICHRAs) are gaining popularity and constituting a larger part of the overall employer-provided health coverage market. As…more

Centers for Medicare & Medicaid Services (CMS), Data Breach, Due Diligence, Employee Retirement Income Security Act (ERISA), Enforcement

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Colorado: Proposed Expanded Medical Care Transaction Oversight - What Providers and Investors Need to Know

On March 5, 2025, two Senators and one Representative introduced SB 25-198 (the Bill), designed to enhance transparency in transactions involving health care entities. The Bill seeks to impose notification and reporting…more

Acquisitions, Antitrust Provisions, Competition, Department of Health and Human Services (HHS), Health Care Providers

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Automation, Electrification, and Connectivity: The Auto Industry in the ITC

Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving…more

Artificial Intelligence, Automation Systems, Automotive Industry, Copyright, Customs and Border Protection

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Does Your Company Discourage Employees from Being Whistleblowers? The SEC May Think So!

The Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in response to the 2008 financial crisis, added protections for whistleblower activity to the Securities Exchange Act of 1934 (“Exchange…more

Compliance, Confidential Information, Corporate Governance, Corporate Misconduct, Dodd-Frank

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Generative AI Systems Tee Up Fair Use Fight

The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Authorship, Copyright, Copyright Infringement

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It’s That Time of Year Again: Using OSHA’s Injury Tracking Application to Submit OSHA Forms 300, 300A, and 301

Pursuant to the Occupational Safety and Health Administration’s (OSHA) electronic reporting regulation, covered employers must submit their OSHA injury and illness records (OSHA Forms 300, 300A, and 301) using OSHA’s electronic…more

Compliance, Corporate Counsel, Department of Labor (DOL), Electronic Reporting, Health and Safety

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Successfully Navigating EV Product Roll-Outs: Manufacturers Balance Innovation and Legacy Needs

Automotive OEMs, suppliers, startups and other participants in the automotive ecosystem have a great deal to do in 2023 as manufacturers begin to move to diversify historical internal combustion engine (ICE) vehicle product…more

Electric Vehicles, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Intellectual Property Protection

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How to Patent AI-Assisted Inventions: USPTO Guidance Highlights Importance of Understanding the ‘Significant Contributions’ Standard

The rapid rise of artificial intelligence (AI) has opened up exciting possibilities for innovation, but also uncertainty around who gets credit for inventions developed with the assistance of an AI system. At its core, there…more

Appeals, Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions

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NLRB Continues to Click “Dislike” on Social Media Policies

As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on…more

Confidential Information, Disclaimers, Intellectual Property Protection, NLRB, Social Media Policy

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A Lucid Interpretation of “Affiliates” under Washington’s Franchise Act

A Washington state appeals court has clarified the scope of Washington’s Franchise Act in Lucid Group USA, Inc. v. State of Washington, Department of Licensing. There, Lucid Group USA, Inc. (“Lucid Group”), the dealer, wanted to…more

Administrative Law Judge (ALJ), Dealers, Department of Labor (DOL), Franchise Acts, Franchise Agreements

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Preparing for Wisconsin’s New Uniform Limited Liability Company Law

Effective January 1, 2023, Wisconsin will have a new Uniform Limited Liability Company Law applicable to all Wisconsin limited liability companies (“LLCs”) unless existing LLCs opt out before December 31, 2022, with the…more

Access to Information (ATI), Fiduciary Duty, Financial Institutions, Limited Liability Company (LLC), Mergers

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Massachusetts DOER Announces COVID-19 SMART Program Extension; Releases Proposed Emergency Regulations for Public Comment

The Massachusetts Department of Energy Resources (DOER) recently unveiled new emergency regulations that double the capacity of the state’s solar incentive program and provide important relief to projects under development in…more

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Decoding California’s Recent Flurry of AI Laws

California Governor Gavin Newsom recently faced a wave of AI-related legislation, with 38 bills reaching his desk. Despite rejecting the much-debated SB-1047, Governor Newsom signed more than a dozen other AI-focused bills into…more

Artificial Intelligence, Child Pornography, Copyright, Corporate Counsel, Deep Fake

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Introducing the EU AI Act

Understanding the need for regulation to ensure the safe use of AI, the European Union (EU) has introduced the world’s most comprehensive legal guideline, EU AI Act, designed to impose strict requirements on AI systems operating…more

Artificial Intelligence, Enforcement Actions, EU, European Commission, Innovation

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Illinois Reins in Astronomical Damages Under Biometric Privacy Law

Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act (BIPA)…more

Biometric Information, Biometric Information Privacy Act, Class Action, Damages, Facial Recognition Technology

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Florida 2022 General Election Results

While nothing compares to the Sunshine State’s white sandy beaches and emerald-green waters, Florida’s 2022 midterm election shores were filled with voters, pundits and national media watching the red tsunami surge across the…more

Constitutional Amendment, Florida, General Elections, Voter Registration

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Mexico's President Offers Opportunities for Local and Foreign Investors

On January 13th, 2025, President Sheinbaum presented the Mexico Plan (MP), which details tax incentives, provides for greater efficiency in administrative processes, and outlines investment goals for infrastructure related to…more

Digital Assets, Energy Sector, Foreign Investment, IMMEX, Infrastructure

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Why Korea Is Gaining Prominence for M&A Activity

Korea, known for its rich culinary heritage, fascinating history, and renowned hospitality, has long rendered Seoul a favored travel destination. Today, it stands not only as a cultural and historical beacon but also as a…more

Acquisitions, Economic Development, Foreign Investment, Innovation, Korea

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Top Legal Issues Facing the Manufacturing Sector in 2023

Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past…more

Artificial Intelligence, Best Practices, Clawbacks, Compensation, Compliance

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Noncompete Bans – Next Up: Ohio

This month, Ohio joined the list of states with pending legislation to ban noncompetes.* With the FTC noncompete ban blocked on a nationwide basis last year, Ohio lawmakers introduced a bill on February 5, 2025, that would ban…more

Employee Rights, Employment Contract, Federal Trade Commission (FTC), Injunctive Relief, New Legislation

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New Political Decisions Pose Challenges for Foreign and Local Investors

As the dust settles from the elections in Mexico, a new set of political decisions that have transpired in constitutional amendments pose new and major challenges for local and foreign investors with current or future interest…more

Energy Sector, Foreign Investment, Infrastructure, Investors, Mexico

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President Trump’s Tariffs Announcement and their Impact on Mexico

On April 2, 2025, U.S. President Donald Trump announced his tariff policy for numerous countries. In the case of Mexico, exported products that comply with the USMCA regulations are exempt from tariffs, which are approximately…more

Donald Trump, Economic Sanctions, Foreign Investment, International Trade, Mexico

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The Barbie Movie: The Power of Brand Placement and Partnerships

As highly anticipated, the new Barbie movie was the biggest hit this summer. Audiences were not only drawn to the empowering storyline and diverse characters, but as attorneys, we were also excited to see the incorporation of…more

Brand, Entertainment Industry, Fashion Branding, Marketing, Partnerships

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Doing Business With the Government With Reduced Risk

Entering into business with the U.S. Government provides companies, including those in the automotive industry, with the opportunity to expand their business base, with tremendous potential. Even with the current budget cuts and…more

Automotive Industry, Federal Budget, Federal Contractors, Sequestration

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New Florida Receivership Statute Gives Commercial Mortgage Lenders Potential Leverage

Amidst the growing uncertainty caused by the COVID-19 pandemic, Florida’s newly enacted receivership law, the Uniform Commercial Real Estate Receiver Act (“UCRERA”), codified in Chapter 714 of the Florida Statutes, endeavors to…more

Avoidable Transfer, Bankruptcy Code, Commercial Mortgages, Coronavirus/COVID-19, Foreclosure

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SEC Proposes Amendments to 13(D) And 13(G) Reporting Requirements – Accelerates Filing Deadlines and Addresses Group Formation Activity

On February 10, 2022, the U.S. Securities and Exchange Commission (“SEC”) announced proposed rule amendments to beneficial ownership reporting requirements under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934…more

Beneficial Owner, Proposed Rules, Reporting Requirements, Securities and Exchange Commission (SEC), Securities Exchange Act

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What Every Multinational Company Should Know About . . . Dawn Raids

In today’s regulatory landscape, dawn raids — surprise, on-the-spot government inspections — have become increasingly prevalent, especially in Europe, Asia, and South America, where regulatory scrutiny is intensifying. In the…more

Anti-Competitive, Asia, Corporate Misconduct, Dawn Raids, Documentation

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Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a consumer…more

Appeals, Article III, Class Certification, Consumer Reports, Corporate Counsel

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Treasury and IRS Issue Guidance on Domestic Content Bonus Credit for Renewable Energy Projects

On May 12, 2023, the IRS and the Department of the Treasury issued highly anticipated guidance regarding the requirements to satisfy the domestic content bonus tax credit provisions for investment tax credits under Sections…more

Investment Tax Credits, IRS, New Guidance, Production Tax Credit, Renewable Energy

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SEC Enforcement Action Against Church & Dwight Director: Lessons for Outside Directors

The SEC’s settlement with James R. Craigie, former CEO, chairman, and director of Church & Dwight Co. Inc., for violating proxy disclosure rules by standing for election as an independent director without disclosing his close…more

Anti-Fraud Provisions, Civil Monetary Penalty, Confidentiality Agreements, Corporate Counsel, D&O Insurance

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Illinois Takes Aim at Artificial Intelligence in Employment

In a significant move to regulate artificial intelligence (AI) in the workplace, the Illinois Legislature amended the Illinois Human Rights Act (IHRA or “the Act”) to address the growing use of AI at various points throughout…more

Algorithms, Artificial Intelligence, Bias, Compliance, Corporate Counsel

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SEC Adopts Amendments to Proxy Voting Advice Regulations

On July 13, 2022, the Securities and Exchange Commission (the “SEC”) finalized rule amendments (the “Amendments”), proposed in November 2021, updating regulations governing proxy voting advice. The Amendments, approved by the…more

Environmental Social & Governance (ESG), Institutional Shareholder Services (ISS), Mergers, New Amendments, Proxy Voting

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Delaware Enacts Controversial Market Practice Amendments to Its General Corporation Law

Delaware’s Legislature passed significant amendments to the Delaware General Corporation Law (the “DGCL”) in June, at the end of its legislative session. These amendments were signed into law by Governor John Carney on July 17,…more

Commercial Litigation, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law, New Amendments

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New Freddie Mac Underwriting Guidelines for Condominium and Cooperative Projects

If you develop or manage condominium or cooperative projects, you need to be aware of new Freddie Mac underwriting requirements - Freddie Mac has promulgated new temporary underwriting requirements for mortgages secured by…more

Condominiums, Disclosure Requirements, Financing, Freddie Mac, Homeowners Association (HOA)

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Massachusetts Joins the Pay Transparency Trend

As we reported in early 2023 and more recently in January 2024 and June 2024, states continue to pass pay transparency laws that require pay disclosures in job postings. Washington, D.C., joined the trend in January 2024, with…more

Audits, Disclosure Requirements, EEO, Job Ads, Jurisdiction

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The SEC Renews its Emphasis on Compliance with the New Marketing Rule

On June 8, 2023, the Securities and Exchange Commission’s (“SEC”) Division of Examinations (“Division”) released a risk alert (the “Risk Alert”) outlining the SEC’s broadened examination priorities with respect to revised Rule…more

Advertising, Compliance, Endorsements, Form ADV, Investment Adviser

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Taming the Tariffs: Employee Benefit Issues for Employers During Times of Economic Uncertainty – Group Employee Terminations

Many companies are scrambling to quickly assess how to reduce the business impact of the upheaval to U.S. manufacturing and trading with the recent onslaught of tariffs threatened or imposed by the United States and the related…more

401k, COBRA, Collective Bargaining Agreements (CBA), Compensation & Benefits, Deferred Compensation

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CA Enacts 100% Carbon-Free Energy Standard

Governor Jerry Brown signed SB 100 into law on Monday, setting in place a 100% renewable electricity target for California by 2045. The law, which we discussed in our prior blog post, calls for a state-wide renewable energy…more

Carbon Emissions, Clean Energy, Climate Change, Electricity, Energy Policy

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The New Enforcement Landscape Under the Trump Administration’s Executive Orders

President Trump’s executive orders, signed on January 20, 2025, have significantly altered the immigration enforcement landscape..…more

Audits, Compliance, Documentation, E-Verify, Employee Training

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Significant Recent Decisions Relevant To Private Company M&A

In navigating the complex world of private company mergers and acquisitions (M&A), understanding recent legal decisions is paramount. This white paper serves as a guide, distilling intricate court rulings into digestible…more

Acquisitions, Bad Faith, Breach of Contract, Damages, Fiduciary Duty

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Board Responses to Political Issues

When a company’s board of directors is faced with the decision to respond publicly to or support a political situation or issue, in most cases the answer should be easy: “No comment.” The bottom line is that a board should avoid…more

Ad-Hoc Mandates, Board of Directors, Business Strategies, Political Campaigns, Strategic Planning

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FERC Order Rejecting Co-Location of Nuclear Facility and Data Center Increases Uncertainty and Leaves Data Center Stakeholders Contemplating Alternative Paths

A recent decision by the Federal Energy Regulatory Commission (“FERC” or “Commission”) calls into question data centers’ access to sufficient electricity supplies to support their substantial and increasing electric demands…more

Artificial Intelligence, Data Centers, Electricity, FERC, Infrastructure

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Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of the…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Land Developers, Mitigation Banking

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2019 Health Care Industry Outlook

A new wave of change is poised to disrupt the way health care is delivered in the United States. This time around, the disruption is coming not from lawmakers or the president, who have struggled to repeal or improve upon…more

Affordable Care Act, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Veterans Affairs

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No More Chevron Deference: What Does This Mean for Employers?

From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Employer Liability Issues

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Trademark Law and Bankruptcy Considerations for Emerging Companies in the Renewable Energy Sector

As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and…more

Acquisitions, Automatic Stay, Corporate Branding, Debtors, Energy Sector

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Texas Court Vacates FDA’s Laboratory Developed Test (LDT) Final Rule

A Texas judge for the U.S. District Court for the Eastern District of Texas issued a ruling on March 31, 2025, to vacate and set aside, in its entirety, the U.S. Food and Drug Administration’s (FDA) Final Rule titled Medical…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), CLIA, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules

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Fintiv Discretionary Denial of PTAB Proceedings Under the New Director

The new director of the U.S. Patent and Trademark Office, Katherine Vidal, recently issued a memorandum clarifying the Patent Trial and Appeal Board (PTAB) application of Fintiv to discretionary denial of PTAB proceedings, such…more

Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Patent Ownership, Patent Trial and Appeal Board, Post-Grant Review

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Documenting Your Build-to-Suit Transaction: The Importance of the Request for Proposal

The Request for Proposal (RFP) is a critical document in a build-to-suit (BTS) transaction, but often does not get the attention it deserves. In addition to laying out the project scope, the RFP is the tenant’s opportunity to…more

Build-to-Suit, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants

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Pumping the Brakes? Outlook for State and Federal Vehicle, Engine, and Equipment Emissions Standards

Share on Twitter Print Share by Email Share Back to top With the start of the second Trump administration just over a week away, there are many uncertainties with respect to how the new administration will regulate vehicle,…more

Biden Administration, California, CARB, Clean Air Act, Compliance

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USPTO Expands Eligibility for Design Patent Practitioners

On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar. While the existing patent bar has certain acceptable education criteria…more

Design Patent, USPTO

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DOJ Warns White Collar Bar It Is Coming After Individuals

On March 3, 2022, at the American Bar Association’s National Institute on White Collar Crime, Attorney General Merrick Garland emphasized in a keynote address the Biden Administration’s stated priority to increase corporate…more

American Bar Association (ABA), Biden Administration, Corporate Crimes, Department of Justice (DOJ), Enforcement

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Development in Southeast Wisconsin Will Once Again be Hampered by Clean Air Rules

New U.S. Environmental Protection Agency (EPA) air quality standards and pollution migrating from upwind states will impact growth and development in southeastern Wisconsin, beginning on January 16, 2025…more

Air Pollution, Clean Air Act, Environmental Protection Agency (EPA), Ozone, Permits

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Mexican Government Restricts Importation of Certain Fuels and Petrochemicals into Mexico

On October 23, 2023, the Mexican President published in the Official Gazette of the Federation a Decree under which the Mexican Government implements measures to combat the illicit trading of fuels, related to the importation of…more

Energy Regulatory Commission, Fossil Fuel, Imports, IRS, Mexico

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Unlocking the Power of Equity-Based Incentive Compensation: Basics of Profits Interests

This article is the fifth in our series on equity-based compensation intended to assist employers with answering a common question: What type of equity compensation award is best for our company and our employees?..…more

Compensation, Documentation, Employment Tax, Equity, Incentives

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Complying With Unprecedented Criminal History Requirements in Los Angeles County

The Los Angeles County Fair Chance Ordinance for Employers (FCOE), which took effect on September 3, 2024, imposes several new compliance requirements regarding the consideration of criminal history in employment decisions…more

California, Compliance, Conditional Job Offers, Criminal Background Checks, Fair Chance Act

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GLP-1 Receptor Agonists: New Frontiers and Challenges

Obesity and diabetes have been two of the greatest public health challenges for decades. Many different diets and fads have promised the public a quick fix and a path to losing excess weight or resolving their diabetic issues…more

Food and Drug Administration (FDA), Healthcare, Intellectual Property Protection, Life Sciences, Patent Litigation

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Chicago Mayoral Runoff Recap

In one of the most closely watched races in the country, Chicago’s mayoral runoff election will see Cook County Commissioner Brandon Johnson sworn in on May 15 as the city’s 57th mayor. Johnson, the 47-year-old Cook County…more

City of Chicago, Mayors, State Elections

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Pay Frequency Claims Pass Muster in New York

After avoiding the limelight for decades, New York State’s manual worker pay frequency law has taken center stage. Specifically, New York Labor Law (NYLL) § 191(1)(a) requires private employers to pay manual workers weekly,…more

Employees, Employer Liability Issues, Employment Litigation, Legislative Agendas, New Legislation

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CFPB, FDIC, and OCC Updates: Firings, Appointments, and Potential Consolidation

We previously reported on changes to leadership at the Consumer Financial Protection Bureau (CFPB), the halt of all activities at the CFPB, and the impacts to the financial services industry. The environment continues to evolve,…more

Consumer Financial Protection Bureau (CFPB), Department of Government Efficiency (DOGE), Dismissals, Enforcement Actions, Executive Orders

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Infrastructure Investment and Jobs Act: January 1, 2022, Brings Opportunities with Two Types of Tax Exempt Bonds and Program Expansion

Executive Summary - On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (Public Law 117-58) (the “Act”). The Act provides for more than $550 billion in new infrastructure…more

Biden Administration, Broadband, Carbon Capture and Sequestration, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Cannabis Mid-Year Update 2022

Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent…more

Bankruptcy Court, Biden Administration, Cannabidiol (CBD) oil, Cannabis Products, DEA

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Are Workforce Reductions Coming to the Private Sector? And, if so, How Should Companies Handle Them?

Massive federal workforce reductions (once a rare event) have been featured prominently in the news lately, along with reports of criticism about the way they are occurring. Will private companies follow suit? Some economic…more

Anti-Discrimination Policies, Compliance, Documentation, Employee Benefits, Employment Discrimination

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SEC Adopts Final Rules Regarding 10b5-1 Trading Plans and Disclosure of Insider Trading Policies and Related Matters

On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules (1) adding new conditions applicable to Rule 10b5-1 trading plans, (2) requiring disclosure of insider trading policies and procedures…more

10b5-1 Plans, Cooling-Off Rule, Disclosure Requirements, Disparate Treatment, Equity Securities

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Construction Project Executives Beware: The Massachusetts Prompt Pay Act Means Business

If you are an executive involved in a Massachusetts construction project, the routine pay applications you exchange in the ordinary course must now receive your utmost attention — as any failure to reject a pay application in…more

Appeals, Breach of Contract, Certifications, Construction Industry, Construction Project

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Roadmap to Prison: Lessons Learned from the Criminal Prosecution of Alpha Ambulance’s Leaders

No one running an ambulance company ever planned to go to prison for doing his or her job. But that is a real possibility if the government knocks on the door, and the owner or manager is dishonest in his or her response to the…more

Ambulance Providers, Audits, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), False Statements

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Texas’ Power Transmission Infrastructure: Addressing Growing Demand from Data Centers and Crypto Mining

Texas is facing a rapidly evolving energy landscape, driven in part by the surging power demands of data centers and cryptocurrency mining operations. As the digital economy expands, the state’s existing power transmission…more

Clean Energy, Critical Infrastructure Sectors, Cryptocurrency, Data Centers, Electricity

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No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the…more

Article III, Case or Controversy, Class Action, Consumer Fraud, Consumer Protection Laws

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Key Takeaways Bank Receiverships Week Two

Foley & Lardner LLP is closely monitoring the rapidly changing landscape surrounding the recent bank insolvencies. On Tuesday, March 21, at 5:00 p.m. CT, Foley hosted a webinar where a panel of presenters discussed the…more

Acquisitions, Cyber Crimes, FDIC, Initial Public Offering (IPO), Mergers

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What Happened to Texas’ Anti-Renewable Agenda? Legislators Fail to Pass Energy-Related Bills that Would Have Adversely Impacted Renewable Projects

The most recent Texas biennial legislative session ended on May 29, 2023. Before its close, legislators introduced a series of energy-related bills aimed at shaping the state’s energy landscape and addressing various…more

Energy Sector, Infrastructure, New Legislation, Proposed Legislation, Renewable Energy

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What’s Next in Washington? - April 2022

While Congress has a two-week recess in April, there are many priority items on the agenda this month. Less than two weeks after signing the Fiscal Year (FY) 2022 spending package, President Biden released his budget for FY 2023…more

America Competes Act, BsUFA, Budgets, Centers for Disease Control and Prevention (CDC), Department of Energy (DOE)

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Texas Court Vacates FDA’s Laboratory Developed Test (LDT) Final Rule

A Texas judge for the U.S. District Court for the Eastern District of Texas issued a ruling on March 31, 2025, to vacate and set aside, in its entirety, the U.S. Food and Drug Administration’s (FDA) Final Rule titled Medical…more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), CLIA, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules

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Unlocking the SAFE – An Alternative to Convertible Notes

With the increasing level of investment in emerging companies, entrepreneurs are being presented with a wider range of financing documents. One of the relatively newer financing instruments is the “SAFE” (simple agreement for…more

Conversion, Convertible Debt, Early Stage Companies, Emerging Growth Companies, Equity Financing

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“Be Kind to Yourself” – and Other Advice for New Lawyers Starting Their Career During a Pandemic

As law firms deal with the ongoing impact of COVID-19, those who recently graduated from law school are facing unique challenges. To help new lawyers navigate this challenging time, we asked members of the Foley family who…more

Coronavirus/COVID-19, Firm Leadership, Law Firm Associates, Law Practice Management, Mentors

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Utah Set to Become Fourth State to Pass Comprehensive Consumer Privacy Law

Utah is likely the next in line to pass a comprehensive consumer privacy law, joining the ranks of California, Colorado, and Virginia. Senate Bill 227, the Utah Consumer Privacy Act (UCPA), was passed by the Utah legislature and…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), CDPA, Enforcement Actions, General Data Protection Regulation (GDPR)

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New Hampshire’s New “Guns at Work” Law: What Employers Need to Know

New Hampshire has recently made headlines with its new statute allowing employees to bring firearms to work in certain circumstances, which became effective on January 1, 2025. The law, signed by Governor Chris Sununu, allows…more

Civil Liability, Compliance, Employees, Employer Liability Issues, Employment Policies

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SEC Proposed Safeguarding Rule

On February 15th 2023, the Securities and Exchange Commission (the “SEC”, or the “Commission”) proposed a new safeguarding rule. Comments must be received by the SEC on or before 60 days after the rule’s publication in the…more

Banks, Brokers, Cryptoassets, Federal Savings Associations, Foreign Financial Institutions (FFI)

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What’s Next for Ethereum ETFs Following SEC Approval?

ollowing the approval and launch of Bitcoin Exchange Traded Funds (EFTs) in January 2024, the U.S. Securities and Exchange Commission (SEC) approved eight Ethereum ETFs for listing and trading on SEC-regulated exchanges on May…more

Bitcoin, Cryptocurrency, Ethereum, Financial Services Industry, Non-Fungible Tokens (NFTs)

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USA v. Wang: Criminal & Civil Liability for Autonomous Vehicle IP & Trade Secrets Theft

A pending case involving a former engineer, his alleged theft of trade secret autonomous vehicle technology, and a midnight one-way escape flight to China is shedding light on efforts by the tech giant Apple to both develop and…more

China, Civil Liability, Criminal Liability, Defend Trade Secrets Act (DTSA), Driverless Cars

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Jepson Claim Format Does Not Avoid Written Description Scrutiny

Current written description jurisprudence can make it difficult to obtain broad antibody patents, leading practitioners to explore alternative claiming strategies in an effort to bypass the limited scope afforded under the…more

Appeals, Jepson Claims, Patent Applications, Patent Litigation, Patents

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Legal Considerations for Electric Vehicle Chargers: Navigating an Evolving Landscape

The electric vehicle (EV) revolution is well underway, and with it comes a host of legal considerations, particularly around the installation and operation of EV chargers. As governments push for greener transportation options…more

Automotive Industry, Charging Stations, Department of Energy (DOE), Electric Vehicles, Infrastructure

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California: AB 1415 and Expanded OHCA Oversight — What Providers, MSOs, and Investors Need to Know

On February 21, 2025, California introduced AB 1415, a bill aimed at expanding the regulatory oversight of the Office of Health Care Affordability (OHCA). As discussed in our previous blog, certain health care entities are…more

California, Compliance, Health Care Providers, Healthcare, Hedge Funds

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SEC Proposes New Rules for SPACs: What will the future hold for SPACs?

On March 30, 2022, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) proposed new rules and amendments regarding special purpose acquisition companies (“SPACs”), shell companies, and disclosure related to…more

Corporate Counsel, Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Non-GAAP Financial Measures

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Delaware Enacts Significant Changes to Delaware General Corporation Law

As discussed in Foley’s Corporate Governance Update last month, SB 21: Delaware Responds In The DExit Battle, the Delaware legislature has been moving quickly to ensure that Delaware remains the preeminent home of choice for…more

Board of Directors, Books & Records, Business Litigation, Controlling Stockholders, Corporate Governance

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The USPTO Joins WIPO GREEN

The United States Patent and Trademark Office (USPTO) has recently joined the WIPO GREEN technology exchange platform of the World Intellectual Property Organization…more

Clean Energy, Climate Change, Greenhouse Gas Emissions, Patents, Technology Sector

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Ripple Effect of Recent Bank Insolvencies on Real Estate

The closure of Silicon Valley Bank (SVB) and Signature Bank, and the subsequent receivership by the Federal Deposit Insurance Corporation (FDIC), has far-reaching effects, including to commercial real estate transactions in…more

Banking Sector, Commercial Leases, Construction Loans, FDIC, Insolvency

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Design Patent Protection Remains a Valuable Tool for Automotive Manufacturers

Design patents for component parts are an appealing option for many automotive manufacturers. A design patent is a form of intellectual property right that protects “any new, original and ornamental design for an article of…more

Automotive Industry, Design Patent, Electric Vehicles, Intellectual Property Protection

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Solis v. Coty, Inc.: A Look at Article III Standing in PFAS Consumer Products False Advertising Cases

There has been a recent uptick in false advertising consumer protection lawsuits relating to the presence of Per- and Poly-fluoroalklyl Substances (PFAS) in consumer products. What, exactly, are PFAS? Nicknamed “forever…more

Article III, Corporate Counsel, False Advertising, Misrepresentation, PFAS

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5 Tips For Filing Gov't Notices After Insurance Producer M&A

Each state Department of Insurance requires that insurance producers — brokers and agents — keep their information up to date in the DOI's records by timely notifying the DOI of any changes to the producer's information, usually…more

Acquisitions, Agents, Brokers, Filing Requirements, Insurance Industry

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Development in Southeast Wisconsin Will Once Again be Hampered by Clean Air Rules

New U.S. Environmental Protection Agency (EPA) air quality standards and pollution migrating from upwind states will impact growth and development in southeastern Wisconsin, beginning on January 16, 2025…more

Air Pollution, Clean Air Act, Environmental Protection Agency (EPA), Ozone, Permits

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NACD Virtual Event: How to Navigate the Federal Trade Commission (FTC) in 2024 – Key takeaways

The first part of the webinar was led by Foley partner Ed Burbach, lead counsel to Neora, and Neora’s co-CEO Deborah Heisz as they shared learnings from Neora’s historic 7-and-a-half-year battle and eventual victory over the…more

Compliance, Federal Trade Commission (FTC), Investigations, Misrepresentation, National Association of Corporate Directors (NACD)

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The Role of AI in Health Care M&A: Driving Value in a Difficult Market

Health care merger and acquisition (M&A) activity reached a significant level in 2022, even if not matching 2021’s record-breaking standard. This reflects the overall economy’s holding pattern in which resources are still being…more

Acquisitions, Artificial Intelligence, Biotechnology, Healthcare, Mergers

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Managing Your Dealer Council to Avoid Antitrust Risks

Dealer groups and dealer councils can serve invaluable pro-competitive purposes but – if not staying within legal bounds – they can create significant antitrust risk. What’s more, that risk may extend beyond the participating…more

Data Collection, Dealers, General Motors, Manufacturers, Risk Management

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Texas Legislature Passes Bill Creating Specialized Business Trial Courts: 12 Things You Need To Know Now

On May 25, 2023, the Texas Legislature passed HB 19, legislation that creates specialized business courts. The bill now will make its way to the Governor’s desk for consideration. Here is what you need to know now:..…more

Appeals, Corporate Counsel, Governor Abbott, Jurisdiction, Limited Liability Company (LLC)

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When Does Venting Become a Complaint?

A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the…more

Department of Labor (DOL), Employee Rights, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Hiring & Firing

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The Laws of Fashion: What's Trending in 2022

The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that…more

Acquisitions, Blockchain, CASE Act, Copyright, Cosmetics

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Trademark Primer: Proactive Strategies for Avoiding Disputes and Consumer Confusion

Trademark disputes can be time-consuming and costly. By proactively assessing risks and taking steps to avoid infringement, emerging companies save time and money. At the crux of most trademark disputes is the claim that…more

Infringement, Trademark Application, Trademark Registration, Trademarks

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Amendments to the Amparo Law

On March 13, 2025, several amendments to the Amparo Law were published. These amendments intend to harmonize the Amparo Law with the recent modifications made to the structure and operation of the Federal Judicial System..…more

Administrative Procedure Act, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Fines, Judicial Reform

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SEC Adopts New Private Funds Rules: Key Takeaways for Private Fund Advisers and Investors

During an open meeting on Wednesday, August 23, 2023, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) voted 3-2 along party lines to adopt new rules (collectively referred to as the “Private Funds…more

Audits, Borrowing Statutes, Capital Markets, Clawbacks, Compliance

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Trademark Primer: Proactive Strategies for Avoiding Disputes and Consumer Confusion

Trademark disputes can be time-consuming and costly. By proactively assessing risks and taking steps to avoid infringement, emerging companies save time and money. At the crux of most trademark disputes is the claim that…more

Infringement, Trademark Application, Trademark Registration, Trademarks

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The Equity Crowdfunding Rules: What You Need to Know

The SEC’s equity crowdfunding rules finally go into effect this month almost four years after Congress passed the JOBS Act, requiring the relaxing of certain rules on raising funds. So what does equity crowdfunding actually look…more

Accredited Investors, Capital Raising, Crowdfunding, Disclosure Requirements, Filing Requirements

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Shifting Views on Paid Administrative Leave

Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this…more

Adverse Employment Action, Corporate Counsel, Employee Misconduct, Employer Liability Issues, Investigations

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New Mexico Becomes Third State in the U.S. to Legalize Access to Psilocybin

On April 7, 2025, New Mexico Governor Michelle Lujan Grisham signed into law SB-219, the Medical Psilocybin Act (the Act), making New Mexico the third state in the country to create a legal pathway for patients to access…more

Controlled Substances, Drug Pricing, Food and Drug Administration (FDA), Healthcare, Medical Research

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Mexican Government Announces Incentives in Support of Nearshoring

On January 21, 2025, the Decree granting tax incentives in support of the national strategy known as “Plan Mexico,” to encourage new investments that promote dual training programs and innovation (Nearshoring Decree) was…more

Economic Development, Foreign Investment, Income Taxes, Investment, Mexico

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IRA Brings Energy and Manufacturing Opportunities

President Biden has repeatedly discussed the need to onshore or re-shore U.S. manufacturing to improve national security and competitiveness. The war in Ukraine and worldwide supply chain issues created by the COVID-19 pandemic…more

Biden Administration, Climate Change, Energy Sector, Fossil Fuel, Individual Retirement Account (IRA)

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What Every Multinational Company Needs to Know About … Criminal Enforcement of Trade, Import, and Tariff Rules: A Growing Risk for Businesses

In less than 100 days, the Trump administration has implemented a dizzying array of new tariffs, significantly increasing costs and complexity for U.S. importers. The administration is keenly aware that companies operating in…more

China, Criminal Prosecution, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

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New Political Decisions Pose Challenges for Foreign and Local Investors

As the dust settles from the elections in Mexico, a new set of political decisions that have transpired in constitutional amendments pose new and major challenges for local and foreign investors with current or future interest…more

Energy Sector, Foreign Investment, Infrastructure, Investors, Mexico

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Navigating the Road Ahead: How AI and Vehicle Automation are Transforming the Transportation Industry

Artificial Intelligence (AI) is expected to impact almost every modern industry, with no exception for the automotive and transportation industries. Today’s cars are more “connected” than ever, offering features such as…more

Artificial Intelligence, Automation Systems, Automotive Industry, Cyber Attacks, Cybersecurity

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Contract Manufacturing Primer for Emerging Healthy F&B Companies

A contract manufacturer (also known as a “co-man” or “co-packer” and for brevity, we’ll use “co-man” from here on out) is a critical partner for most emerging companies in the healthy food and beverage (F&B) space. The co-man…more

Beverage Manufacturers, Business Strategies, Consumer Product Companies, Contract Negotiations, Emerging Growth Companies

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Legal Implications of Blockchain in Supply Chain: What’s Law Got to Do With It?

The advent of new technology brings along with it the murkiness of how the American legal system will treat such technology. Before the rise of blockchain for instance, businesses were uncertain how courts would treat…more

Blockchain, California Consumer Privacy Act (CCPA), Confidentiality Policies, E-SIGN, Force Majeure Clause

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Cannabis Mid-Year Update 2022

Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent…more

Bankruptcy Court, Biden Administration, Cannabidiol (CBD) oil, Cannabis Products, DEA

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Estate Planning in 2020

In December 2017, President Trump signed the Tax Cuts and Jobs Act (“TCJA”) into law. As a result, the lifetime gifting and estate tax exemption (“Estate Tax Exemption”), as well as the generation-skipping transfer tax exemption…more

AFR, Coronavirus/COVID-19, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption

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“Keeping Trade Practices on Your Radar”: Examining the Increased Federal & State Use of Unfair and Deceptive Trade Practices Laws and Ways to Safeguard Against Them

State Attorney Generals (“State AGs”) and the federal government are capturing headlines for increasingly suing large corporations for unfair and deceptive trade practices. In some cases, these actions are tackling politically…more

Class Action, Data Privacy, Enforcement, Facebook, Federal Trade Commission (FTC)

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S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the McCarran-Ferguson Act Preempts the New York Convention

Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance disputes…more

Arbitration, Foreign Arbitral Awards, Insurance Contracts, Insurance Industry, Insurance Litigation

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An Executive Branch for the People, by the People: What the New Administration’s Executive Orders Mean for an Independent CPSC

While independent regulatory agencies, like the Consumer Product Safety Commission (CPSC or the Commission), have typically considered themselves exempt from executive orders, recent events indicate the CPSC is likely not free…more

Consumer Financial Protection Bureau (CFPB), Consumer Product Safety Act (CPSA), Consumer Product Safety Commission (CPSC), Consumer Protection Laws, Department of Government Efficiency (DOGE)

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Litigation Avoidance, Part I: Balancing the Time and Expense of Discovery to Achieve Better Outcomes

We understand. The other party to your contract breached your deal, acted in bad faith, and cost you money and your business reputation. It’s personal; you trusted them, and they abused your trust. You want to sue them…more

Breach of Contract, Depositions, Discovery, Document Review, e-Discovery

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Prescription Drugs: Executive Order Aims to Lower Prices

On April 15, 2025, President Trump signed an executive order (EO) with the aim of reducing the cost of prescription drugs…more

Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Government Agencies, Legislative Agendas

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Tax Court Reaffirms Soroban Holding that “Active” Limited Partners are Subject to Self-Employment Tax

On December 23, 2024, the Tax Court ruled in Denham Capital Management LP v. Commissioner (T.C. Memo. 2024-114), that limited partners that actively participated in the activities of a fund manager formed as a state law limited…more

Compliance, Income Taxes, Internal Revenue Code (IRC), Investment Funds, IRS

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2024 Reflections and a Look Ahead to 2025: Examining Trends in M&A, Cross Border Financing, and AI

The mergers and acquisitions (M&A) landscape in 2024 showed signs of recovery following the slump experienced in 2023. Deal volumes increased, but the market remains considerably slower compared to the boom years of 2021 and…more

Acquisitions, Artificial Intelligence, Cross-Border Transactions, Interest Rates, Mergers

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Final Mental Health Parity Rules – Top Five Changes to the Status Quo

The Mental Health Parity and Addiction Equity Act and its implementing regulations and guidance (MHPAEA) prohibit health insurance policies and group health plans that cover mental health and substance use disorder (MH/SUD)…more

Compliance, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Supreme Court May Give Brand Owners an Easier Path to Trademark Damages

In a case that may have a major impact on trademark litigation across the country, the Supreme Court decided on June 28, 2019 to grant certiorari in Romag Fasteners, Inc., v. Fossil, Inc., et al., in which Romag has asked the…more

Certiorari, Corporate Branding, Corporate Counsel, Damages, Disgorgement

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Mandatory Roth Catch-up: More than Meets the Eye

In January, the Department of the Treasury (“Treasury”) and Internal Revenue Service (IRS) issued proposed regulations on the catch-up contribution provisions under the SECURE 2.0 Act of 2022 (“SECURE 2.0”). While the proposed…more

401k, Compliance, Employee Benefits, Employee Contributions, FICA Taxes

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New York Department of Financial Services Issues New Guidance Concerning the Use of Artificial Intelligence in Insurance– What You Need to Know

On July 11, 2024, the New York Department of Financial Services (DFS) issued Insurance Circular Letter No. 7 (2024) (Letter No. 7) adopting guidance regarding the use of artificial intelligence (AI) in underwriting and pricing…more

Artificial Intelligence, Compliance, Discrimination, Insurance Industry, NYDFS

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“California Worker Freedom from Employer Intimidation” Law: What Qualifies as Intimidation?

Share on Twitter Print Share by Email Share Back to top California has recently enacted a new, controversial statute preventing employers from requiring employees to attend political or religious meetings. California Labor Code…more

California, Employee Rights, Employment Discrimination, Employment Policies, Labor Reform

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Key Takeaways Bank Receiverships Week Two

Foley & Lardner LLP is closely monitoring the rapidly changing landscape surrounding the recent bank insolvencies. On Tuesday, March 21, at 5:00 p.m. CT, Foley hosted a webinar where a panel of presenters discussed the…more

Acquisitions, Cyber Crimes, FDIC, Initial Public Offering (IPO), Mergers

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Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act

Health care providers, government contractors, and others who receive money from the federal government are at greater risk of suit under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., following the Supreme Court’s May…more

Appeals, Cause of Action Accrual, Cochise Consultancy Inc v United States ex rel Hunt, Dismissals, False Claims Act (FCA)

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From the Pickup Line to the Picket Line: What Employers Need to Know About the Gig Economy Labor Movement

The gig economy has emerged as a defining aspect of the modern workforce, transforming how people work, earn, and engage with employers. Unlike traditional full-time jobs, gig workers benefit from significant flexibility…more

Employee Rights, Gig Economy, Independent Contractors, Labor Reform, Misclassification

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Dueling Records: Are Statements in Your 510(k) Putting Your Patents at Risk?

Laboratory developed test (LDT) providers, previously exempt from U.S. Food and Drug Administration (FDA) oversight, under a new FDA proposal, must now consider if their LDTs constitute moderate-risk (Class II) or high-risk…more

510(k) RTA, CLIA, Clinical Laboratories, Diagnostic Tests, Due Diligence

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The Future of Venture Debt

Cash is the lifeblood of any business. Venture-backed companies without a financial history or proven track record are often unable to qualify for a more traditional loan with a big bank. Historically, venture-backed companies…more

Banking Sector, Banks, Debt, Debt Market, Default

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Electrified Industrial Policy: IRS Proposed Regulations on Section 30D EV Tax Credits & EV Manufacturing Grants

The Inflation Reduction Act of 2022 (the “IRA”) and the Infrastructure Investment and Jobs Act of 2021 (the “IIJA”) set in motion an ongoing series of changes that are aimed at transforming, among other things, the automotive…more

Automotive Industry, Batteries, Electric Vehicles, Grants, Inflation Reduction Act (IRA)

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The Future of Venture Debt

Cash is the lifeblood of any business. Venture-backed companies without a financial history or proven track record are often unable to qualify for a more traditional loan with a big bank. Historically, venture-backed companies…more

Banking Sector, Banks, Debt, Debt Market, Default

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A New Era of Technology in the Private Markets

The private markets are notorious for their outdated (or non-existent) technology stacks. However, a new era of innovation may finally unwind years of risk-avoidant behavior that has slowed technology adoption across the…more

Private Equity, Private Equity Firms, Shareholders, Third-Party Service Provider, Venture Capital

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Skilled Nursing Facilities: CMS Extends Medicare Revalidation Deadline

On April 17, 2025, the Centers for Medicare and Medicaid Services (CMS) announced another extension of the deadline by which skilled nursing facilities (SNFs) must revalidate their Medicare enrollments: Enrolled skilled…more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Filing Deadlines, Healthcare Facilities, Medicare

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Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to a…more

Foreign Corporations, Forum Shopping, Intellectual Property Protection, Manufacturers, Patent Infringement

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Medicare Overpayments: CMS Issues Final Regulations Implementing Changes to 60-day Refund Rule

On Friday, November 1, 2024, the Center for Medicare & Medicaid Services (CMS) issued the display copy of the final rule interpreting the 60-day Refund Rule for Medicare Parts A/B (Traditional Medicare) and C/D (Medicare…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, False Claims Act (FCA), Final Rules, Loper Bright Enterprises v Raimondo

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Leveraging Artificial Intelligence to Reach Favorable Settlement Outcomes

“We’ve been sued” — words few want to hear. Being served with an unexpected lawsuit can throw your entire organization into disarray. Even expected litigation can leave you scrambling to figure out next steps. Yet, these days…more

Artificial Intelligence, Data Collection, Data Management, Document Review, e-Discovery

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As Automation Expands, Driver Error Persists

At this phase in the development of vehicle automation technologies, and underscored by the persistence of driver error, automakers, suppliers and retailers continue to face significant litigation risk. While many expect…more

Automated Transportation, Automotive Industry, Car Accident, Connected Cars, Driverless Cars

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President Biden Signs "Good Jobs" Executive Order and Calls for “High Labor Standards” Policy Development

On September 6, 2024, President Biden signed the Executive Order (EO) on Investing in America and Investing in American Workers, dubbed the “Good Jobs EO.” At its core, the Good Jobs EO seeks to articulate the standards that…more

Anti-Discrimination Policies, Biden Administration, Employee Benefits, Executive Orders

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What’s Next in Washington? - January 2023 Edition

The dust from the 2022 Midterm Elections has settled and the 118th Congress has begun. Republicans were successfully able to flip control of the House and now have a 222-212 majority with one vacancy to be filled. Democratic…more

Child Tax Credit, Climate Change, Communications Decency Act, Congressional Review Act, Consolidated Appropriations Act (CAA)

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What to Know About International Travel by Employees with Work Visas

We have previously written about the steps employers should take to ensure I-9 compliance and prepare for immigration site visits. In light of new immigration guidelines impacting visa holders, employers also should prepare for…more

Compliance, Executive Orders, Foreign Workers, Form I-9, H-1B

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U.S. Supreme Court Rules SEC Must Try Securities Fraud Cases in Federal Jury Trials Rather than In-House Courts

On June 27, 2024, the U.S. Supreme Court ruled that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. In a 6–3 decision, Chief Justice…more

Administrative Law Judge (ALJ), Article III, Certiorari, Dodd-Frank, Due Process

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Innovation for Good Panel Discussion – A Recap

The Foley & Lardner team recently hosted a panel on Innovation for Good: Designing Products with Purpose, which was developed in collaboration with Parna Sarkar-Basu of B&B Consulting. The speakers were Matthew Anderson of A&K…more

Artificial Intelligence, Innovative Technology, Robotics, Small Business, Startups

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SEC Actions in Review: What Officers and Directors Should Know for 2025

As the regulatory landscape continues to evolve, public company officers and directors must stay abreast of the enforcement priorities and expectations of the Securities and Exchange Commission (SEC). Over the past year, the SEC…more

Artificial Intelligence, Beneficial Owner, Board of Directors, Cease and Desist Orders, Compliance

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GLP-1 Receptor Agonists and Patent Strategy: Securing Patent Protection for New Use of Old Drugs

GLP-1 receptor agonists (GLP-1RAs) were initially approved for diabetes treatment (e.g., Ozempic®) but have revolutionized weight management (e.g., Wegovy®) and are now being explored for treating a wide range of health…more

Intellectual Property Protection, Life Sciences, Patent Applications, Patent Litigation, Patents

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Is the Future of Digital Assets in the United States Bright Again?

Yes, indeed! What Brad Garlinghouse of Ripple Labs called “Gensler’s reign of terror” ended with Securities and Exchange Commission (SEC) Chair Gary Gensler’s resignation upon President Donald Trump’s inauguration. Paul Atkins,…more

Blockchain, Central Bank Digital Currency (CBDCs), CFTC, Cryptoassets, Cryptocurrency

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U.S. Department of Transportation Finalizes EV Charging Infrastructure Rules

Effective as of March 30, 2023, the Federal Highway Administration (“FHWA”) within the U.S. Department of Transportation (“DOT”)  announced the National Electric Vehicle Infrastructure Standards and Requirements final rule  (the…more

Automotive Industry, Charging Stations, Department of Transportation (DOT), Electric Vehicles, Infrastructure

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Health Care Provider Director and Officer Liability: Important Takeaways from Clovis and Marchand

Health care provider boards of directors have been put on notice—given these two recent Delaware court decisions - Clovis and Marchand—that courts may be willing to significantly extend a corporate board’s Caremark duty to…more

Bad Faith, Board of Directors, Breach of Duty, Caremark claim, Compliance

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Treasury Releases Guidance on the Transition from Interbank Offer Rates to Other Reference Rates with Respect to the Interest Rates of a Foreign Bank

On June 30, 2023, the United States Department of the Treasury (“Treasury”) published Final Regulations as guidance on the transition from the use of the Interbank Offer Rate (IBOR) to the Secured Overnight Financing Rate…more

Foreign Banks, Interest Rates, IRS, Libor, New Guidance

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Master of Its Choice of Forum?

On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily amending its complaint to leave only state law…more

Antitrust Provisions, CAFA, Class Action, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Climate Week 2024 Recap

It was a remarkable week of unrivaled events at New York’s Climate Week 2024. As the world converged on New York for the annual UN General Assembly meeting the clean tech community kicked into high gear for a green wave of…more

Clean Energy, Electric Vehicles, Energy Sector, Grid Energy Storage, Renewable Energy

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NLRB’s Latest Memo Serves as a Grinchy Reminder of Upcoming Changes for Representation Elections

As if it weren’t already clear that employers will be receiving only lumps of coal in their stockings from the National Labor Relations Board (NLRB) this year (see e.g., here and here), on December 8, 2023, the NLRB’s General…more

Cemex, Employees, NLRB, Oral Argument, Unfair Labor Practices

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Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination Provisions

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and…more

Americans with Disabilities Act (ADA), Appeals, Corporate Counsel, Disability Discrimination, Employee Rights

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Solis v. Coty, Inc.: A Look at Article III Standing in PFAS Consumer Products False Advertising Cases

There has been a recent uptick in false advertising consumer protection lawsuits relating to the presence of Per- and Poly-fluoroalklyl Substances (PFAS) in consumer products. What, exactly, are PFAS? Nicknamed “forever…more

Article III, Corporate Counsel, False Advertising, Misrepresentation, PFAS

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SEC Climate Disclosures Rules One Step Closer to the Grave; GHG Emissions Disclosures One Step Closer to Becoming a Multi-State Compliance Issue

The slow death of the Securities and Exchange Commission’s (SEC) climate disclosure rules continued on March 27, 2025, with the SEC Commissioners voting to discontinue the defense of such rules before the Eighth Circuit, Iowa v…more

California, Climate Change, Compliance, Disclosure Requirements, Greenhouse Gas Emissions

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The Telehealth Extension Has Ended…For Now

During the COVID-19 crisis, newly-created relief allowed first dollar coverage for telehealth services under a high deductible health plan (HDHP) without ruining health savings account (HSA) eligibility. That relief was extended…more

Affordable Care Act, Employee Benefits, HDHP, Health Insurance, HSA

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Impact of 2020 Election Results for Tax Planning (Webinar Recap)

On Tuesday, November 3rd, Americans went to the polls and cast votes for President, Senators, and House members. In some cases, the results are still being tabulated (or subject to challenge). However, the picture becomes a…more

Capital Gains, Estate-Tax Exemption, General Elections, Gift-Tax Exemption, Internal Revenue Code (IRC)

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Strive Without Strife: Your Guide to 2025

Embrace Sustainable Goals. The start of a new year often inspires lofty resolutions, if not illusions of grandeur, about the habits we’ll develop and professional goals we’ll conquer: more billable hours, bigger matters, rapid…more

Career Development, Corporate Governance, Environmental Social & Governance (ESG), Law Practice Management, Professional Development

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Estate Planning in 2020

In December 2017, President Trump signed the Tax Cuts and Jobs Act (“TCJA”) into law. As a result, the lifetime gifting and estate tax exemption (“Estate Tax Exemption”), as well as the generation-skipping transfer tax exemption…more

AFR, Coronavirus/COVID-19, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption

See all updates »

Another Court Blocks DEI-Related Certification Requirement

On March 27, 2025, U.S. District Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois issued a temporary restraining order (TRO) prohibiting the Department of Labor (DOL) from…more

Certifications, Compliance, Constitutional Challenges, Department of Labor (DOL), Diversity and Inclusion Standards (D&I)

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The Return of the Exit

Startups have found themselves pivoting significantly over the past year. Exit plans have either swiveled or been put on hold as valuations have remained low, and there has not been a huge market for M&A or IPOs. But there might…more

Acquisitions, Banking Sector, Capital Markets, Exit Planning, Initial Public Offering (IPO)

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TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application

In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate…more

Assignments, Intent-to-Use, Trademarks, USPTO

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Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name

Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held that the insurers must pay…more

Advertising, Duty to Defend, Insurance Litigation, Intellectual Property Protection, Lanham Act

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Cannabis Mid-Year Update 2022

Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent…more

Bankruptcy Court, Biden Administration, Cannabidiol (CBD) oil, Cannabis Products, DEA

See all updates »

IRS Issues Guidance Regarding Net Operating Loss Carryback Waivers and Refunds Under the CARES Act | Blogs | Coronavirus Resource Center

On April 9, 2020, the IRS issued: Rev. Proc. 2020-24, which provides guidance under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) relating to relinquishment of certain net operating loss (NOL) carrybacks,…more

Alternative Minimum Tax, Business Assets, Business Taxes, C-Corporation, Capital Gains

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2023 Going Digital Health’s Behavioral Health Tech Conference: Key Investment Takeaways

This year’s Going Digital Health’s Behavioral Health Tech Conference (GDBH) was well-attended and rife with insightful panel presentations and discussions featuring key players from across the behavioral health and substance use…more

Digital Health, Fundraisers, Investment, Investors, Mental Health

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Managing the Commercial Impact of the Coronavirus: Top 5 Considerations When Operating in the Zone of Insolvency

Given the uncertainty of the effects of this pandemic on markets and industries in the U.S. and around the world, many businesses are now confronting significant and unique challenges which are causing financial distress among…more

Board of Directors, Coronavirus/COVID-19, Corporate Officers, Duty of Care, Duty of Loyalty

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Diving into SECURE 2.0: Incremental Enhancements to Encourage Defined Contribution Annuity Distribution Options

The SECURE 2.0 Act of 2022 (SECURE 2.0) significantly changes the legal and administrative compliance landscape for U.S. retirement plans. Foley & Lardner LLP is authoring a series of articles that take a “deep dive” into key…more

401k, Annuities, Compliance, Contract Negotiations, Distribution Rules

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SEC Adopts New Private Funds Rules: Key Takeaways for Private Fund Advisers and Investors

During an open meeting on Wednesday, August 23, 2023, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) voted 3-2 along party lines to adopt new rules (collectively referred to as the “Private Funds…more

Audits, Borrowing Statutes, Capital Markets, Clawbacks, Compliance

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One Year Later, FTC’s Noncompete Ban Remains on Life Support, as FTC Mulls Pulling the Plug

As readers of this blog will recall, last April, the Federal Trade Commission (FTC) voted along party lines to finalize a rule (the Noncompete Ban) that would have banned the vast majority of employee noncompete agreements…more

Appeals, Biden Administration, Constitutional Challenges, Employment Litigation, Enforcement Actions

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COVID-19 and Texas Commercial Leases: A Review of Force Majeure and Impossibility of Performance

As the consequences of the COVID-19 outbreak continue to hit our economy, it is crucial that commercial landlords and tenants are aware of possible options for rent or other relief under any existing leases for commercial…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Force Majeure Clause, Impossibility

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Eleventh Circuit Finds Volunteer Golf Attendants Not Entitled to Compensation Under the FLSA

On March 12, 2024, the U.S. Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants who…more

Alabama, Appeals, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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The Future of Illinois Energy Policy: Renewable Energy Set to Expand

On September 15, 2021, Illinois Governor J.B. Pritzker signed into law the sweeping Climate and Equitable Jobs Act (SB2408), establishing the next steps for Illinois energy policy after years of negotiation. This legislation…more

Clean Energy, Electric Vehicles, Energy Sector, Governor Pritzker, Illinois

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New Freddie Mac Underwriting Guidelines for Condominium and Cooperative Projects

If you develop or manage condominium or cooperative projects, you need to be aware of new Freddie Mac underwriting requirements - Freddie Mac has promulgated new temporary underwriting requirements for mortgages secured by…more

Condominiums, Disclosure Requirements, Financing, Freddie Mac, Homeowners Association (HOA)

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Key Terms and Conditions for Buyers and Sellers in the Supply Chain

Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used…more

Breach of Warranty, Buyers, Contract Terms, Force Majeure Clause, Global Economy

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SEC Steps Up Investigations of Political Intelligence Firms for Insider Trading

In the last few years, Congress, the U.S. Securities and Exchange Commission (SEC), and the courts have significantly increased their efforts to grapple with insider trading in the realm of political intelligence. In 2012,…more

Compliance, Insider Trading, Material Nonpublic Information, Political Intelligence, Securities and Exchange Commission (SEC)

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“Acute Hospital Care at Home”: Omnibus Bill Extends Flexibility Period to December 31, 2024

As part of the $1.7 million omnibus spending bill that became law December 29, 2022, the Centers for Medicare & Medicaid Services (CMS) extended, through December 31, 2024, the Acute Hospital Care at Home (H@H) initiative…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Hospitals, Medicaid, Medicare

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Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning noncompetes,…more

Confidentiality Agreements, Contract Terms, Employment Contract, Employment Litigation, Federal Trade Commission (FTC)

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Foley Automotive Update and the Latest Insights on Tariffs

Foley & Lardner provided an updated assessment on the status and structure of automotive import tariffs, as well as an overview of the Trump administration’s pause in the rollout of certain reciprocal tariffs. Visit Foley &…more

Automotive Industry, Canada, China, Electric Vehicles, Exports

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ESG: Tips for the Oil & Gas Boardroom

ESG is increasingly vying for airtime in oil and gas boardrooms as leaders grapple with how best tackle environmental, social and governance challenges. This follows a trend of ESG support throughout all sectors of the U.S…more

Biden Administration, Climate Change, Environmental Social & Governance (ESG), Greenhouse Gas Emissions, Methane

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NHTSA Adopts Final Rule to Formalize its Whistleblower Program under the Motor Vehicle Safety Whistleblower Act

On December 17, 2024, the National Highway Traffic Safety Administration (“NHTSA” or “Agency”) adopted a final rule to formalize its whistleblower program under the Motor Vehicle Safety Whistleblower Act (Whistleblower Act). …more

Automotive Industry, Civil Monetary Penalty, Department of Transportation (DOT), Enforcement, Manufacturers

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Cannabis Mid-Year Update 2022

Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent…more

Bankruptcy Court, Biden Administration, Cannabidiol (CBD) oil, Cannabis Products, DEA

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Threat of Harm to Others — What’s an Employer to Do?

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the…more

ADAAA, Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Healthcare, Mental Health

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Controlling Entities to Dealer Contracts Subject to Puerto Rico’s Law 75 May Be Liable for Tortious Interference

Plaintiffs asserting claims for tortious interference of contracts covered by Puerto Rico’s Dealer’s Contracts Act, commonly known as Law 75, may automatically satisfy one element of such a claim. Law 75 regulates relationships…more

Contract Terms, Distributors, Federal Rules of Civil Procedure, Manufacturers, Popular

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Dueling Records: Are Statements in Your 510(k) Putting Your Patents at Risk?

Laboratory developed test (LDT) providers, previously exempt from U.S. Food and Drug Administration (FDA) oversight, under a new FDA proposal, must now consider if their LDTs constitute moderate-risk (Class II) or high-risk…more

510(k) RTA, CLIA, Clinical Laboratories, Diagnostic Tests, Due Diligence

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Energy MarketTrends - March 2019, Issue 1

...Q1 has shown a marked escalation of private equity (PE) investment within the oil and gas sector; 2019 projections indicate that private equity buyers will be key players in both upstream and midstream endeavors. Some U.S…more

Acquisitions, Business Model, Capital Markets, Energy Sector, Energy Storage

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Health Care Marketing: The Seventh Circuit Addresses “Referrals” Under The Anti-Kickback Statute

Health care organizations working with marketers, independent sales representatives, advertising, and other consulting support to promote sales of products or services received welcomed news that their arrangements may be lower…more

Anti-Kickback Statute, Appeals, Enforcement Actions, Healthcare Fraud, Manufacturers

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Form PF Changes Ahead – the SEC Keeps Its Focus on Private Fund Advisers

On January 26, 2022, the Securities and Exchange Commission (“SEC”) voted 3-1 to propose amendments to Form PF. The Form PF, which was initially adopted in 2011 and became effective on June 15, 2012, is a confidential report…more

Broker-Dealer, Comment Period, Filing Deadlines, Filing Requirements, Form PF

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Supreme Court’s E.M.D. Sales v. Carrera Decision: A Victory for Employers Navigating FLSA Exemptions

A January 15, 2025, U.S. Supreme Court opinion brought welcome news for employers defending claims of worker exempt status misclassification under the Fair Labor Standards Act (FLSA). In the case at issue, E.M.D. Sales, Inc. v…more

Appeals, Appellate Courts, Burden of Proof, Employment Litigation, Evidentiary Standards

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The Health AI Frontier: New Opportunities for Innovation Across the Health Care Sector

With the health care industry under pressure to improve patient outcomes while controlling costs, artificial intelligence (AI) and machine learning (ML) are quickly becoming indispensable tools. These technologies show promise…more

Artificial Intelligence, Data Protection, Healthcare, Innovation, Machine Learning

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Health Care Litigation: Seven Considerations in Forum Selection

Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought. The…more

Appeals, Arbitration, Dispute Resolution, Evidence, Healthcare

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Top Eight Action Items for Educational Institutions to Avoid, Prepare for, and Resolve COVID-19 Class Actions

Dozens of class action lawsuits have been filed against educational institutions since March and more are expected. Although each lawsuit attacks a specific institution’s individualized response to the COVID-19 pandemic, the…more

Class Action, Coronavirus/COVID-19, Educational Institutions, Enrollment, Students

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Dueling Records: Are Statements in Your 510(k) Putting Your Patents at Risk?

Laboratory developed test (LDT) providers, previously exempt from U.S. Food and Drug Administration (FDA) oversight, under a new FDA proposal, must now consider if their LDTs constitute moderate-risk (Class II) or high-risk…more

510(k) RTA, CLIA, Clinical Laboratories, Diagnostic Tests, Due Diligence

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Using Global Patent Trends in Smart Manufacturing to Develop an Informed and Effective IP Strategy 

In today’s global economy, product research and development (R&D) has historically been concentrated in the U.S. and China. However, these efforts are beginning to decentralize and spread into new regions, such as Japan and…more

Artificial Intelligence, Blockchain, China, Cloud Computing, Coopertive Patent Classification System

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Medicare Telehealth Flexibilities Get a Three-Month Lifeline

After much uncertainty, Congress has extended many Medicare telehealth flexibilities through March 31, 2025, in its end-of-year appropriations bill. However, several important flexibilities, such as first-dollar coverage of…more

Consolidated Appropriations Act (CAA), FQHC, HDHPs, Health Savings Accounts, Medicare

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Don’t Buy The Buzzwords: “AI Washing” Gets Its Reckoning

Since the release of ChatGPT 3.5 in November 2022, public interest in artificial intelligence (AI) has surged in a classic example of a hype cycle. As with past technological breakthroughs, companies may be tempted to overstate…more

Advertising, Anti-Fraud Provisions, Artificial Intelligence, Civil Monetary Penalty, Corporate Counsel

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The Laws of Fashion: What's Trending in 2023

The fashion industry has experienced another year of continued change driven by consumer trends, innovation in technology, geopolitical and public health issues, and legal developments, and we don’t anticipate that stopping any…more

Blockchain, Class Action, Copyright Infringement, Fashion Industry, Jack Daniels Properties Inc v VIP Products LLC

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Ninth Circuit: Additional Information on Back of Packaging can Defeat Deceptive Labelling Claim

On June 9, 2023, the Ninth Circuit in McGinity v. The Procter & Gamble Company, No. 22-15080 (9th Cir. 2023) held that a food manufacturer could rely on an ingredients list panel located on the back of the challenged product…more

CLRA, False Advertising, Food Labeling, Food Manufacturers, Unfair Competition

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Pulp Fiction: The “Food Court” Squeezes Statutory Damages Request by Class of Defrauded “Joint Juice” Health Supplement Buyers

Joint Juice, according to its labelling and advertising, promoted “healthy and happy,” if not pain free, joints. A jury apparently thought it was closer to snake oil, finding the product’s marketing false, misleading, and…more

Class Action, Class Certification, Corporate Counsel, Due Process, Fraud

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Noncompete Agreements: Updated Income Thresholds for 2025

As our readers know, in 2024 the Federal Trade Commission’s (FTC) proposed regulation to eliminate almost all noncompete agreements did not come to fruition — at least for now. As we reported earlier this month, however, the…more

Compliance, Department of Labor (DOL), Employees, Employment Contract, Employment Policies

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Insurance Law Update: Insurance Circular Letter No. 6

On July 17, 2023, the New York Department of Financial Services (DFS) issued Insurance Circular Letter No. 6 (2023) (“Letter No. 6”) and a concurrent press release seeking to clarify, and in our opinion repeal, earlier guidance…more

Annuities, Enforcement, Insurance Industry, Life Insurance, New Guidance

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The end-around: A new model of statewide online sports betting through tribal compacts

In June, a federal court of appeals in Washington, D.C., authored a decision that could drastically alter the future of sports betting across the nation. In West Flagler Associates Ltd. v. Haaland (“West Flagler”), the court…more

Appeals, Casinos, Florida, Indian Gaming, Indian Gaming Regulation Act

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Hart-Scott-Rodino Reporting Threshold Increases by $6.9 Million

The past two weeks have been quite busy in the world of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR). First, on January 7, 2025, the Federal Trade Commission (FTC) announced a record $5.6…more

Department of Justice (DOJ), Enforcement Actions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Is the "Food Court" Closing?

For years the United States District Court for the Northern District of California has been known as the “Food Court.” It acquired the name because both plaintiffs and defendants viewed it as pro-plaintiff in class action food…more

All Natural, Class Action, False Advertising, Food Labeling, Food Manufacturers

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Brexit’s Exit: The Beginning of the End or the End of the Beginning?

Four and One-Half Years! January 1, 2021 … at last … at long last as some might celebrate… or, as others might lament, a day which should have never come. Brexit is finally arriving. Four and one-half years have passed since…more

Automotive Industry, EU, European Court of Justice (ECJ), Financial Services Industry, Free Movement

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Senate Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

As the coronavirus outbreak continues to wreak havoc on markets and industries in the United States and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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Internal Investigations and Privileges: Two More Courts Rule

Despite the global pandemic, the federal judiciary continues to issue rulings. In the last week, two courts provided guidance about when self-disclosures to the government waive the attorney-client privilege, underscoring the…more

Board of Directors, Compliance, Continuing Legal Education, Coronavirus/COVID-19, Corporate Counsel

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U.S. Supreme Court Rules SEC Must Try Securities Fraud Cases in Federal Jury Trials Rather than In-House Courts

On June 27, 2024, the U.S. Supreme Court ruled that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. In a 6–3 decision, Chief Justice…more

Administrative Law Judge (ALJ), Article III, Certiorari, Dodd-Frank, Due Process

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DOJ’s Antitrust Division Says Compliance Programs Must be Updated to Address Changing Technology

In November 2024, the U.S. Department of Justice Antitrust Division (“Antitrust Division” or “Division”) updated its guidance on how it will evaluate Corporate Compliance Programs when conducting criminal antitrust…more

Antitrust Division, Artificial Intelligence, Compliance, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Delaware Affirms Limitation of Vicarious Liability Within Global Networks

In a win for the accounting profession and other member firm networks, the Delaware Court of Chancery clarified the limits of vicarious liability within such networks. On August 21, 2020, the Court held in Otto Candies, LLC v…more

Corporate Counsel, Delaware, Fraud, Vicarious Liability, Wrongful Acts

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FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons, Sets New Deadlines for Foreign Companies

On March 21, 2025 the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that removes the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) to FinCEN under…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Final Rules, FinCEN

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No Action Letter – Regulation D Rule 506(c)

The SEC now permits public marketing of private placements, without burdensome investor wealth verification requirements, if the investment is big enough. On March 12, 2025, the U.S. Securities and Exchange Commission (SEC)…more

Accredited Investors, Capital Markets, Investment, Investment Funds, No-Action Letters

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SHEIN’s $1.9 Million Data Breach: A Cautionary Tale for Online Fashion Brands

Share on Twitter Print Share by Email Share Back to top The New York Attorney General (“NYAG”) fined fast-fashion company, Shein Distribution Corporation (“SHEIN”), $1.9 million for failing to properly handle a data breach in…more

Data Breach, Data Security, Fashion Branding, Fashion Industry, Federal Trade Commission (FTC)

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ESG Best Practices regarding Social Washing from the Loan Syndications and Trading Association

As Environmental, Social and Governance (“ESG”) trends continue to evolve, the industry continues to publish best practices and guidance to aid in the development of this rapidly growing market. Most recently, the Loan…more

Bank Loan Markets, Best Practices, Bond Markets, Environmental Social & Governance (ESG), Green Loans

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Top Legal Issues Facing the Manufacturing Sector in 2023

Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past…more

Artificial Intelligence, Best Practices, Clawbacks, Compensation, Compliance

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SB21: Delaware Responds In The DExit Battle

The annual DGCL amendments this year carry a little more urgency than before. SB21 was rushed through to the Delaware Senate in mid-February, bypassing the normal process that involves recommendation by the Council of the…more

Acquisitions, Board of Directors, Business Entities, Business Litigation, Controlling Stockholders

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USPTO Launches Cancer Moonshot Expedited Examination Pilot Program

To support the National Cancer Moonshot initiative, the USPTO launched the Cancer Moonshot Expedited Examination Pilot Program on February 1, 2023. The new program replaces the Cancer Immunotherapy Pilot Program, which expedited…more

Patent Applications, Patent-Eligible Subject Matter, Patents, Pharmaceutical Patents, USPTO

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Hidden Treasures in U.S. Funding Programs (and Clues to Find Them) for USMCA Manufacturers

With the push to accelerate electric vehicle production in the U.S. comes concurrent acceleration of an electric vehicle charging network, as well as increasing speed of electric battery manufacturing, clean energy and…more

Advanced Batteries, Buy American Act, Charging Stations, Clean Energy, Electric Vehicles

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The Laws of Fashion: What's Trending in 2024

As we make further strides into 2024, the fashion, apparel & beauty landscape continues its dynamic evolution, marked by opportunities and challenges. Consumer preferences, technological breakthroughs, geopolitical shifts, and…more

Copyright, Cosmetics, Deep Fake, Fashion Industry, Food and Drug Administration (FDA)

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Corporate Venture Funds: Friend or Foe?

Many large corporations have set up, or are in the process of setting up, in-house venture funds. At the same time, early and later-stage companies are looking for “smart money” investors – funds that bring strategic and…more

Corporate Professional Investors, Early Stage Companies, Emerging Growth Companies, Fund Managers, Infringement

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“PowerOn!” – Women in Energy Network’s 2022 Annual Conference

Foley was a Silver Power Sponsor of the WEN 2022 Conference, which was held in person in Fort Worth from April 3-5, 2022. A number of Foley team members attended the conference along with over 500 attendees from various areas…more

Carbon Capture and Sequestration, Cybersecurity, Diversity, Energy Sector, Environmental Social & Governance (ESG)

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Seventh Circuit Emphasizes “Rigorous Analysis” to Certify Class against University for Its Decision to Cancel Classes during the Pandemic

In Eddlemon v. Bradley University, 65 F.4th 335 (7th Cir. 2023), the Seventh Circuit underscored that evidence, not allegations, control the court’s class certification analysis. At issue in Eddlemon were claims stemming…more

Appeals, Breach of Contract, Class Action, Class Certification, Coronavirus/COVID-19

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Nonprofit Health Care Mergers – Introduction: With Complexity Comes Opportunity

Share on Twitter Print Share by Email Share Back to top In the evolving health care landscape, mergers between nonprofit health care organizations are becoming increasingly common. Mergers are often driven by a combination of…more

Capital Markets, Corporate Governance, Due Diligence, Health Care Providers, Healthcare

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Florida’s CADRA a Powerful New Data Protection

Florida businesses will soon have an important and powerful new legal cause of action to combat unauthorized access to protected computer systems or data by employees, former employees, directors, officers, and others. Florida's…more

Attorney's Fees, Corporate Officers, Cybersecurity, Damages, Data Privacy

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FTC and DOJ Withdraw Guidelines for Collaborations Among Competitors

On December 11, 2024, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, “the Agencies”) jointly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (“Guidelines”). For…more

Antitrust Provisions, Collaboration, Competition, Department of Justice (DOJ), Distribution Rules

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CMS Reports Medicare Shared Savings Program Saved Medicare $1.66 Billion in 2021

On August 30, 2022, the Centers for Medicare & Medicaid Services (CMS) announced that the Medicare Shared Savings Program (MSSP) had saved the Medicare program $1.66 billion in 2021 as compared to spending targets, while…more

ACOs, Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Medicare, Medicare Shared Savings Program

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Using Upfront IP Licensing to Reduce Future Supply Chain Disruptions

Companies often enter into supply agreements for component parts that are covered by or produced using a supplier's intellectual property (IP) rights, but do not give enough thought to IP licensing. In the face of supply chain…more

Conditional Use Permit, Coronavirus/COVID-19, Enforcement, Escrow Agreements, Exclusive Use

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The Tax Man Cometh: Tax Perils in Physician Recapitalization Transactions

Physician recapitalization transactions are complex by nature and often present myriad issues. At Foley, in our representation of both investors in, and sellers of, physician practices, we note how often tax issues become gating…more

C-Corporation, EBITDA, Employer Identification Number (EIN), Internal Revenue Code (IRC), Investors

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What Every Auto-Sector Company Should Know About … the New Automotive Tariffs

On April 3, 2025, President Trump issued the full details of the automotive tariffs, including the exact Harmonized Tariff Schedule (HTS) subheadings to which the automotive tariffs apply. This completed the implementation of…more

Automotive Industry, China, Customs and Border Protection, Foreign Trade Zones, Imports

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A Grab Bag of Year-End Tips and Treats for Employers

Over the past few months, the IRS has released guidance that may prove helpful for employers planning for open enrollment and Form W-2 reporting. In particular, we discuss how implementing certain SECURE 2.0 and CARES Act plan…more

1099s, 401k, CARES Act, Health Savings Accounts, Incentives

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Justices Craft Their Own Remedy for Violation of Constitution’s Appointments Clause

On Monday, the justices ruled 5-4 that the “unreviewable authority” of administrative patent judges meant those APJs were appointed in violation of the Constitution’s appointments clause. The justices then ruled 7-2 that the…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

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Navigating the AI Frontier: Legal and Operational Insights Into Generative AI

In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt…more

Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Bias, Biotechnology

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Fifth Circuit Rules SEC Exceeded Its Authority in Adopting Private Fund Advisers Rule

On June 5, 2024, a three-judge panel in the U.S. Fifth Circuit Court of Appeals ruled that the Securities and Exchange Commission exceeded its statutory authority in adopting the so-called “Private Fund Advisers Rule” (or the…more

Broker-Dealer, Dodd-Frank, Investment Adviser, Private Funds, Regulatory Agenda

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Construction Project Executives Beware: The Massachusetts Prompt Pay Act Means Business

If you are an executive involved in a Massachusetts construction project, the routine pay applications you exchange in the ordinary course must now receive your utmost attention — as any failure to reject a pay application in…more

Appeals, Breach of Contract, Certifications, Construction Industry, Construction Project

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Web IP Ruling Illustrates Ways To Clear Hurdles To Eligibility

Since the U.S. Supreme Court's 2014 Alice Corp. v. CLS Bank International ruling, patentees attempting to enforce their patents in the software arts have encountered a more significant hurdle for patent eligibility that has led…more

Abstract Ideas, CLS Bank v Alice Corp, Federal Rule 12(b)(6), Patent Infringement, Patent-Eligible Subject Matter

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So You Comply with New York Reg. 500: Now What?

In March of 2017, the New York Department of Financial Services (DFS) implemented 23 NYCRR §500 (NY Reg. 500). In doing so, it became the first state regulatory authority to impose regulations that address cybersecurity concerns…more

Certification Requirements, Covered Entities, Cybersecurity, Insurance Industry, NAIC

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President Biden Issues Second Cybersecurity Executive Order

In light of recent cyberattacks targeting the federal government and United States supply chains, President Biden’s administration has released an Executive Order (the “Order”) in an attempt to modernize and enhance the federal…more

Artificial Intelligence, Biden Administration, Cloud Service Providers (CSPs), Compliance, Critical Infrastructure Sectors

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What Every Multinational Company (Doing Business in Mexico) Should Know About … Mitigating Risks From ATA Scrutiny in a New Enforcement Regime

Mexican cartels dominate large swaths of the Mexico-United States border and the Bajío region (an area encompassing relevant parts of Queretaro, Guanajuato, Aguascalientes, San Luis Potosí, Jalisco, and Michoacán), and they…more

Anti-Money Laundering, Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

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IRS Cannabis Tax Guidance

The IRS recently issued tax guidance to the cannabis industry in the form of frequently asked questions (FAQs). These FAQs were followed up with the announcement by the IRS of a marijuana industry website that provides…more

Cannabis-Related Businesses (CRBs), Compliance, Income Taxes, Internal Revenue Code (IRC), IRS

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Finally 190! Years in the Making: CFTC Proposes New Bankruptcy Rules for FCMs and DCOs

On April 14, by unanimous vote of the Commissioners, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved a notice of proposed rulemaking to update comprehensively its Part 190 Rules governing a commodity…more

American Bar Association (ABA), Bankruptcy Code, Broker-Dealer, CFTC, Chapter 7

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Artificial Intelligence in Health Care: Key Considerations for Oncology

Artificial intelligence (AI) has the power to revolutionize health care. In oncology, there are now opportunities to apply AI to support diagnostics, predictive analytics, and administrative functions. This hot topic was…more

Analytics, Artificial Intelligence, Best Practices, Compliance, Contract Terms

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No Action Letter – Regulation D Rule 506(c)

The SEC now permits public marketing of private placements, without burdensome investor wealth verification requirements, if the investment is big enough. On March 12, 2025, the U.S. Securities and Exchange Commission (SEC)…more

Accredited Investors, Capital Markets, Investment, Investment Funds, No-Action Letters

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DOJ Issues Guidelines for Enforcement Related to Off-Label Promotion

On February 28, 2018, Ethan P. Davis, the Deputy Assistant Attorney General for the Consumer Protection Branch, addressed the life sciences community regarding off-label promotion. In his remarks, Deputy Assistant Attorney…more

Anti-Kickback Statute, Attorney General, CGMP, Department of Justice (DOJ), Enforcement Guidance

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How Should a Licensing Commitment Affect the Availability of Injunctions at the ITC?

Governed by 19 U.S.C. § 337, the U.S. International Trade Commission (“ITC”) is empowered to investigate unfair acts in the importation of articles into the United States. The ITC can be a powerful forum for owners of U.S…more

America First Trade Policy, Biden Administration, Department of Justice (DOJ), FRAND, Intellectual Property Litigation

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Federal COVID Relief Bill passed by Congress - December 2020

On December 21, 2020, Congress passed a long-anticipated additional round of COVID relief legislation as part of the Bipartisan-Bicameral Omnibus COVID Relief Deal. This relief bill provides much-needed stimulus to individuals,…more

Aviation Industry, CARES Act, Child Care, Coronavirus/COVID-19, Eviction

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No Action Letter – Regulation D Rule 506(c)

The SEC now permits public marketing of private placements, without burdensome investor wealth verification requirements, if the investment is big enough. On March 12, 2025, the U.S. Securities and Exchange Commission (SEC)…more

Accredited Investors, Capital Markets, Investment, Investment Funds, No-Action Letters

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Introduction: What is Supply Chain Management?

Share on Twitter Print Share by Email Share Back to top In recent years, viral videos featuring a surprising topic have racked up millions of views on social media. Not videos of a celebrity doing something outrageous, a…more

Artificial Intelligence, Automation Systems, Blockchain, Collaboration, Coronavirus/COVID-19

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DOE Announces Transmission Facilitation Program

On May 6, 2022, the U.S. Department of Energy (“DOE”) issued a Notice of Intent and Request for Information (“Notice”) regarding establishment of a Transmission Facilitation Program (“TFP”) to support the construction of…more

Department of Energy (DOE), Energy Projects, Infrastructure Investment and Jobs Act (IIJA), Interest Rates, Notice of Intent

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Tailoring Compliance Before AI Walks The Runway

Generative AI tools such as DALL-E 2, Midjourney and Stable Diffusion are increasingly being used to produce static 2D images, and technology from companies like Runway AI Inc., which recently hosted its second annual AI Film…more

Algorithms, Artificial Intelligence, Copyright, Copyright Office, Disclosure Requirements

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Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a consumer…more

Appeals, Article III, Class Certification, Consumer Reports, Corporate Counsel

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NHTSA Adopts Final Rule to Formalize its Whistleblower Program under the Motor Vehicle Safety Whistleblower Act

On December 17, 2024, the National Highway Traffic Safety Administration (“NHTSA” or “Agency”) adopted a final rule to formalize its whistleblower program under the Motor Vehicle Safety Whistleblower Act (Whistleblower Act). …more

Automotive Industry, Civil Monetary Penalty, Department of Transportation (DOT), Enforcement, Manufacturers

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Federal Circuit Opens the Door to Additional Domestic Industry Investment: “Ordinary Importer” No Longer

In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the domestic…more

Administrative Law Judge (ALJ), Enforcement Actions, Importers, Imports, Intellectual Property Litigation

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Florida’s Recovery and Reopening Plan - Phase 1

Florida Governor Ron DeSantis announced Phase 1 of Florida’s reopening plan, titled “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery,” on April 29, 2020. Subsequently, the Governor issued Executive Order 20-111 (a…more

Centers for Disease Control and Prevention (CDC), Child Care, Coronavirus/COVID-19, Governor DeSantis, Personal Protective Equipment

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Pricing Under Pressure: Prepare for Enhanced Antitrust Scrutiny amid Tariff Uncertainty

In an era of increased tariff pressures, U.S. antitrust enforcers have signaled that they remain vigilant for attempts by businesses to exploit the situation through anticompetitive conduct, especially in sectors already…more

Antitrust Division, Antitrust Investigations, Antitrust Violations, Competition, Department of Justice (DOJ)

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Antibody Drug Conjugates Keep Growing: What You Need to Know

What Are ADCs and Why Are They Growing? Over the past few years economic headwinds have resulted in fewer deals, with companies and private equity firms alike reassessing where to spend money. But one portion of the…more

Cancer, Clinical Trials, Food and Drug Administration (FDA), Healthcare, Life Sciences

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New Freddie Mac Underwriting Guidelines for Condominium and Cooperative Projects

If you develop or manage condominium or cooperative projects, you need to be aware of new Freddie Mac underwriting requirements - Freddie Mac has promulgated new temporary underwriting requirements for mortgages secured by…more

Condominiums, Disclosure Requirements, Financing, Freddie Mac, Homeowners Association (HOA)

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The Dutch Decision on Shell’s Carbon Emissions – Should U.S. Companies Be Worried?

On May 26, 2021, a Dutch court ordered Royal Dutch Shell Plc (“Shell”) to cut its greenhouse gas emissions by 45% (from 2019 levels) by 2030. Shell had previously pledged to reduce its emissions by 20% (from 2016 levels) by 2030…more

Carbon Emissions, Environmental Protection Agency (EPA), EU, Fiduciary Duty, Greenhouse Gas Emissions

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Software Companies Sued For Patent Infringement May Seek Speedy Dismissals

Patent infringement litigation can be expensive, last multiple years, and be a huge distraction for a company’s efforts in the marketplace. While fighting an infringement accusation through trial to final judgement can be…more

CLS Bank v Alice Corp, Failure To State A Claim, Federal Rules of Civil Procedure, Hoffman LaRoche, Patent Infringement

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FTC Finalizes Rule Against Employee Noncompetes

On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC first…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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“PowerOn!” – Women in Energy Network’s 2022 Annual Conference

Foley was a Silver Power Sponsor of the WEN 2022 Conference, which was held in person in Fort Worth from April 3-5, 2022. A number of Foley team members attended the conference along with over 500 attendees from various areas…more

Carbon Capture and Sequestration, Cybersecurity, Diversity, Energy Sector, Environmental Social & Governance (ESG)

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The CPSC Seeks Information on Gas Stove Hazards

The Consumer Product Safety Commission (CPSC) appears to have moved its investigation into gas stove emissions off the back burner. After Commissioner Richard Trumka’s comments in early January that a gas stove ban was “on the…more

Consumer Product Safety Commission (CPSC), Federal Register, Greenhouse Gas Emissions, Natural Gas, Request For Information

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The CARES Act Paycheck Protection Program Intercreditor Considerations for Borrowers and Lenders

The Paycheck Protection Program (PPP) under Title I of the CARES Act was established on March 27, 2020 to provide financial relief for small businesses adversely affected by COVID-19. The CARES Act initially allocated $349…more

CARES Act, Coronavirus/COVID-19, EBITDA, Financial Stimulus, Main Street Lending Programs

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Federal Court Applies Antitrust Standard of Per Se Illegality to “Algorithmic Pricing” Case

A federal district court in Seattle recently issued an important antitrust decision on “algorithmic pricing.” Algorithmic pricing refers to the practice in which companies use software to help set prices for their products or…more

Algorithms, Antitrust Division, Antitrust Provisions, Competition, Data Privacy

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Risk Bearing Entity Requirements: New Jersey and New York

This blog reviews the regulatory requirements that apply to risk bearing entities (RBE) in New Jersey and New York. New Jersey and New York demonstrate distinct approaches to the registration and regulation of RBEs and provider…more

Compliance, Financial Services Industry, Health Care Providers, Health Insurance, Healthcare

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A Review of Recent Whistleblower Developments – Q3 2024

On August 1, 2024, the Department of Justice (DOJ) launched its Corporate Whistleblower Awards Pilot Program, first announced earlier this year. Through the pilot program, the DOJ may issue awards to whistleblowers who provide…more

Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Enforcement

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CARES Act – Federal Reserve Main Street Loan Facilities - Updated June 12, 2020

The Main Street Lending Program, authorized under the CARES Act and Section 13(3) of the Federal Reserve Act, is designed to provide financial assistance to small and medium sized businesses. There will be three Main Street loan…more

Banks, Borrowers, CARES Act, Coronavirus/COVID-19, Debt

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States Continue to Adopt NAIC Liquidity Stress Test Updates

In December 2020, the National Association of Insurance Commissioners (the NAIC) adopted revisions to the Insurance Holding Company System Regulatory Act (the “Model Law”) that require large life insurers to report the results…more

Health Insurance, Insurance Holding Company, Liquidity, NAIC, Stress Tests

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Review of Recent Whistleblower Developments - October 2021

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business... SEC to Study Amended Whistleblower…more

Confidentiality Agreements, Dodd-Frank, Enforcement Actions, Retaliation, Rulemaking Process

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A Review of Recent Whistleblower Developments

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Court…more

Confidentiality Agreements, First Amendment, Securities and Exchange Commission (SEC), Settlement Agreements, Whistleblower Awards

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Federal Court Issues Permanent Injunction on Federal Oil and Gas Leasing “Pause”

On August 18, 2022, a federal court in Louisiana permanently enjoined President Biden and other governmental officials and agencies from stopping the sale of onshore and offshore oil and gas leases. The order comes just one day…more

Biden Administration, Executive Orders, Inflation Reduction Act (IRA), Louisiana, Mineral Leases

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Facilities Siting: The Right Considerations Lead to the Right Choice

According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility…more

Manufacturers, Manufacturing Facilities

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Wisconsin Supreme Court Clarifies Required Assessment Methodology for Section 42 Housing

Regency West concerned the 2012 and 2013 assessments of a newly constructed 72-unit Section 42 housing development. For 2012 (the first tax year following completion of construction), the city assessed the property at…more

Appeals, Assessment, Low Income Housing, Property Valuation, Real Estate Development

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Stellantis and UAW File Dueling Motions to Consolidate String of Lawsuits Regarding Strike Threats on Opposite Coasts

The nationwide fight continues between Chrysler owner Stellantis and the United Auto Workers Union (“UAW”) and its local chapters regarding the UAW’s threats to strike if Stellantis does not move forward with planned investment…more

Automotive Industry, Collective Bargaining Agreements (CBA), First-to-File, Investment, Strike

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Colorado’s New Automatic Renewal Law

If you use automatically renewing contracts in Colorado, you need to be aware of the effects of a new law - Colorado’s new law governing automatic renewal clauses in contracts, C.R.S. 6-1-732, went into effect January 1,…more

Automatic Renewals, Colombia, New Legislation, Opt-Outs, Subscription Services

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IRS Releases Proposed Regulations for Section 45V Hydrogen Production Credit

Last week, the Internal Revenue Service (“IRS”) and Department of the Treasury published proposed regulations (the “Proposed Regulations”) relating to the tax credit for production of clean hydrogen under Section 45V of the…more

Anti-Abuse Rule, Apprenticeships, Compliance, Department of Energy (DOE), Greenhouse Gas Emissions

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How Rights Owners Can Be Proactive With CBP Enforcement

Ever since the U.S. Customs and Border Protection designated intellectual property rights, or IPRs, as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. In 2021 and 2022, CBP seized…more

Counterfeiting, Customs and Border Protection, Enforcement, Intellectual Property Protection, International Trade Commission (ITC)

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Federal Court Applies Antitrust Standard of Per Se Illegality to “Algorithmic Pricing” Case

A federal district court in Seattle recently issued an important antitrust decision on “algorithmic pricing.” Algorithmic pricing refers to the practice in which companies use software to help set prices for their products or…more

Algorithms, Antitrust Division, Antitrust Provisions, Competition, Data Privacy

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Virtual Stockholder and Board Meetings: Important Considerations for Delaware Companies

In these unprecedented times of “shelter in home” orders, remote working, and other strategies Americans are taking to mitigate the risks associated with COVID-19, we anticipate that many organizations will decide to transition…more

Coronavirus/COVID-19, Corporate Governance, Governor Carney, Limited Liability Company (LLC), Shareholder Meetings

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HHS OIG: New “General Compliance Program Guidance” Provides Voluntary Steps Towards Increased Effectiveness

In connection with the November 2023 Health Care Compliance Association’s (HCCA) Healthcare Enforcement Compliance Conference, and with acknowledgment by the Chief Counsel to the Inspector General, Rob DeConti, of the long…more

Advisory Opinions, Anti-Kickback Statute, Audits, Civil Monetary Penalty, Compliance

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Key Takeaways: 7th Annual “Let’s Talk Compliance” Conference

Editor’s Note: PYA and Foley & Lardner hosted the 7th Annual “Let’s Talk Compliance” two-day virtual conference on January 23 and 24, 2025. Panelists included Foley attorneys and PYA subject matter experts. The event was hosted…more

Compliance, Cybersecurity, Data Privacy, Department of Government Efficiency (DOGE), Department of Health and Human Services (HHS)

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What Every Multinational Company Should Know About … The False Claims Act

Multinational companies should be alert to legal exposure under the False Claims Act (FCA). The FCA is a civil statute that can be quite damaging to a multinational company for several reasons: The FCA has extremely broad…more

Department of Justice (DOJ), False Claims Act (FCA), False Statements, Financial Obligations, Fraud

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Health-Related Social Needs: Three Trends in Leveraging Community Partnerships

Leading health authorities have increasingly emphasized how non-medical factors such as socioeconomic status, education, employment, housing, food security, and community support have an outsized impact on health outcomes. By…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Helping Clients Identify Estate Planning Opportunities in a Low Interest Rate and Depressed Value Environment

Today’s historically low interest rates and depressed asset values make this an excellent time to engage in various estate planning techniques. Current conditions present several planning opportunities for transferring wealth at…more

Estate Planning, Estate Tax, Family Businesses, Gift Tax, IRS

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President Trump Ends Affirmative Action Requirements for Federal Contractors

Amidst a flurry of employment-related executive orders issued during the first few days of the new administration, on January 21, 2025, President Trump signed an executive order titled Ending Illegal Discrimination and Restoring…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Compliance, Department of Labor (DOL)

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What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct discovered…more

Acquisitions, Antitrust Division, Antitrust Violations, Department of Justice (DOJ), Federal Trade Commission (FTC)

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A Summary of Certain Recent Enforcement and Non-Enforcement Actions

Sender Primary Liability for Misstatements in PPMs and Prospectuses: Lorenzo v. SEC (No. 17-1077 -- U.S. – 2019). On March 27th, the Supreme Court issued a 1934 Act Rule 10b-5 opinion that will have implications for sponsors…more

Corporate Officers, Custody Rule, Digital Assets, Directors, Enforcement Actions

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Massachusetts Employees Will Be Entitled to Sick Leave for Reproductive Loss Events

Beginning November 21, 2024, the Massachusetts Earned Sick Time Law will expand to include reproductive loss events experienced by an employee or their spouse as a qualifying reason for time off under the Commonwealth’s sick…more

Fertility Treatments, Popular, Reproductive Healthcare Issues, Sick Leave

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MEMA Original Equipment Suppliers Annual Conference - Outlook Panel’s Economic and Growth Forecasts for the Automotive Industry

In a year of many global market challenges that have impacted the automotive industry, the MEMA Original Equipment Suppliers Annual Conference held on November 12 and 13 in Novi, Michigan presented a detailed analysis of the…more

Artificial Intelligence, Automotive Industry, Economic Development, Electric Vehicles, Exports

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SEC Adopts Final Rules Regarding Share Repurchase Disclosure

On May 3, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules requiring (1) issuers to disclose daily quantitative repurchase data at the end of every quarter in their Form 10-Qs and 10-Ks, (2) foreign…more

10b5-1 Plans, Disclosure Requirements, Final Rules, Regulation S-K, Securities and Exchange Commission (SEC)

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Business Considerations of Force Majeure: Unintended Consequences

No doubt by now your inbox has been filled with questions, recommendations, and articles about the use of force majeure clauses in response to the COVID-19 pandemic. With all of the focus on whether force majeure clauses can be…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Trump Administration Provides Some Guidance on DEI Programs

Following up on the Trump Administration’s series of executive orders and statements regarding diversity, equity, inclusion, and accessibility (DEI or DEIA) programs, on February 5, 2025, both the Office of Personnel Management…more

Anti-Discrimination Policies, Corporate Counsel, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Rights

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Coronavirus Impact on Construction of Energy Projects (Updated)

The U.S. Renewable Energy Industry, including its construction market, like every sector of the economy, is being affected by the outbreak of coronavirus. A number of announcements have been made beginning mid-March imposing…more

Business Closures, Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

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New IRS Determination Letter Approval Procedures for 403(b) Plans

The IRS has had a determination letter process for qualified plans under Code section 401(a), like 401(k) and other defined contribution plans, for many years. A favorable IRS determination letter would give the sponsoring…more

401k, 403(b) Plans, Employee Retirement Income Security Act (ERISA), Employer Identification Number (EIN), IRS

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Can a Voluntary Consumer Product Safety Commission Recall Short-Circuit Costly Class Action Litigation?

Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or…more

Article III, California, Class Action, Consumer Product Safety Commission (CPSC), Manufacturers

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USPTO Clarifies Patent-Eligibility Guidelines for AI Inventions

Recognizing a need for clarity in evaluating patent eligibility under 35 U.S.C. § 101 for critical and emerging technologies, including artificial intelligence (AI) innovations, the U.S. Patent and Trademark Office (USPTO)…more

Alice/Mayo, Artificial Intelligence, ASIC, Financial Statements, Guidance Update

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Florida 2022 General Election Results

While nothing compares to the Sunshine State’s white sandy beaches and emerald-green waters, Florida’s 2022 midterm election shores were filled with voters, pundits and national media watching the red tsunami surge across the…more

Constitutional Amendment, Florida, General Elections, Voter Registration

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Kraken Settles SEC Charge That Its SAAS Model Was an Illegal Securities Offering

On February 9, 2023, the SEC announced that Kraken had settled charges alleging that it violated securities laws by failing to register the offer and sale of its “crypto asset staking-as-a-service program.” To settle the charges…more

Blockchain, Cryptoassets, Disclosure Requirements, SaaS, Securities

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A Review of Recent Whistleblower Developments – Q3 2024

On August 1, 2024, the Department of Justice (DOJ) launched its Corporate Whistleblower Awards Pilot Program, first announced earlier this year. Through the pilot program, the DOJ may issue awards to whistleblowers who provide…more

Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Enforcement

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Texas Federal Court Vacates 2024 Fair Labor Standards Act Salary Basis Rule, Reversing Prior July Increase

As we previously wrote and reminded readers, in April 2024, the Department of Labor (DOL) issued a final rule (the “2024 Rule”) increasing the standard salary level necessary to qualify for one of the executive, administrative,…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary, Over-Time

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Past and Future: How Prior IPR Representations Can Haunt Your Future Patent Infringement Complaint

Judge Albright of the U.S. District Court for the Western District of Texas granted, in part, Meta Platforms, Inc.’s (“Meta”) 12(b)(6) motion to dismiss (“Motion”) in Grecia Estate Holdings LLC v. Meta Platforms, Inc…more

Digital Rights, Dismissal With Prejudice, Inter Partes Review (IPR) Proceeding, Motion to Dismiss, Patent Infringement

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LeTip World Franchise LLC v. Long Island Social Media Group LLC

In LeTip World Franchise LLC v. Long Island Social Media Group LLC, the U.S. District of Court for the District of Arizona granted a temporary restraining order in favor of a franchisor, LeTip World Franchise LLC (“LeTip”)…more

Breach of Contract, Burden of Proof, Franchise Agreements, Franchisee, Franchisors

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FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons, Sets New Deadlines for Foreign Companies

On March 21, 2025 the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that removes the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) to FinCEN under…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Final Rules, FinCEN

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Delaware Law on Fiduciary Duties and Stockholder Agreements

Delaware corporate law is renowned for its balance between flexibility in business arrangements and the fundamental principles of fiduciary accountability. One of the areas where this balance is most evident is in the treatment…more

Breach of Duty, Compliance, Duty of Care, Duty of Loyalty, Fiduciary Duty

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The Intersection of Agentic AI and Emerging Legal Frameworks

The evolution of artificial intelligence (AI) has introduced systems capable of making autonomous decisions, known as agentic AI. While generative AI essentially “creates” – providing content such as text, images, etc. – agentic…more

Artificial Intelligence, Audits, Automated Decision Systems (ADS), Automation Systems, California Consumer Privacy Act (CCPA)

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Foley Manufacturing Update - November 2022

The most recent article in Foley & Lardner’s Supply Chain Disruption Series provides background on a number of key terms and conditions for buyers and sellers in the supply chain to consider in commercial forms. Click here to…more

China, Cybersecurity, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, International Trade

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President Biden Issues Second Cybersecurity Executive Order

In light of recent cyberattacks targeting the federal government and United States supply chains, President Biden’s administration has released an Executive Order (the “Order”) in an attempt to modernize and enhance the federal…more

Artificial Intelligence, Biden Administration, Cloud Service Providers (CSPs), Compliance, Critical Infrastructure Sectors

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Democrats Introduce Tax Proposals

The House of Representatives Ways and Means Committee Chairman introduced new tax proposals on Monday that would raise more than $2 trillion in tax revenue as part of the Democrats’ effort to roll back the Trump administration…more

Capital Gains Tax, Corporate Taxes, Estate-Tax Exemption, Grantor Retained Annuity Trusts (GRATs), Grantor Trusts

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Patenting Software in AI, VR, and 3D Printing

With rapid changes, pressure to innovate, and acceleration of implementation of advanced technology across all stages of the supply chain over the past year, there are important intellectual property (IP) considerations that…more

3D Printing, Artificial Intelligence, Computer-Related Inventions, Popular, Software Patents

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What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part II)

As detailed in Part I of our three-part series on Minimizing Customs Enforcement and False Claims Act Risks, the combination of the new high-tariff environment, the heightened ability of Customs (and the general public) to data…more

Anti-Dumping Duty, Classification, Compliance, Countervailing Duties, Country of Origin

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Arizona House Introduces Potential General Franchise Law

The Arizona House of Representatives recently introduced a bill, HB 2404, designed to insulate in-state dealers from market competition that, if enacted, will create a general franchise relationship law in Arizona. Currently,…more

Anti-Waiver Provisions, Arizona, Disclosure Requirements, Franchises, Proposed Legislation

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Beware of Loose Employment Promises, Put It in Writing, and Watch for Deadlines!

A recent case serves as a good reminder for everyone involved in human resources and employment matters to be clear in communication and always act in a timely manner. Retired Judge Richard Posner is a legal legend..…more

Breach of Contract, Human Resources Professionals, Summary Judgment

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The State of the Law of Requirements Contracts

Amid increasing pressure on supply chains across the globe, multiple recent court opinions have disrupted the law of requirements contracts. These decisions are critical as requirements contracts are common features across many…more

Automotive Industry, Contract Terms, Jurisdiction, MI Supreme Court, Statute of Frauds

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Colorado’s Consumer Right to Repair Agriculture Equipment Act

On April 12, 2023, the Colorado legislature passed the Consumer Right to Repair Agriculture Equipment Act (the “Act”). Under the Act, manufacturers of “agricultural equipment” will be required to provide independent repair shops…more

Colorado, Heavy Equipment, Proposed Legislation, Right to Repair, Trade Secrets

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Physician Practice Transactions: NY’s Proposed Review and Monitoring Increases Visibility and Adds Deal Risk

New York Governor Kathy Hochul unveiled a proposal, set forth in the Health and Mental Hygiene Article VII Legislation associated with the proposed State Executive Budget for FY2024 (see Article 45-A) (Executive Budget), that…more

Healthcare, Investors, Mergers, New York, State Health Departments

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Blockchain for Capital Equipment in a Machine-as-a-Service Model

Subscription-based services, embraced by the software industry as an alternative to traditional models of selling product, provide a steady income stream to providers. Software-as-a-Service, along with the related…more

Automation Systems, Blockchain, Export Controls, Right to Repair, Uniform Commercial Code (UCC)

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Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort

The Dartmouth men’s basketball team is scheduled to tip-off its 2024-25 NCAA season. Not surprisingly, they will do so without a labor contract, notwithstanding the team’s historic vote last March to unionize under federal labor…more

Athletes, Basketball, College Athletes, Employee Definition, Loper Bright Enterprises v Raimondo

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Takeaways from 2023 Smart Fabrics Summit

The annual Smart Fabrics Summit was held again this year at the Wilson College of Textiles of North Carolina State University, sponsored by the Advanced Textiles Association (ATA, formerly the Industrial Fabrics Association…more

Customs, Data Privacy, Fabrics, Fashion Industry, Foreign Trade Regulations

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Reminder — Minimum Salary Requirements for Exempt Employees Increase on January 1, 2025

As we wrote about earlier this year, the U.S. Department of Labor (DOL) finalized a rule on April 23, 2024, increasing the standard salary level for the “white collar” exemptions under the Fair Labor Standards Act (FLSA) at…more

Compliance, Corporate Counsel, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA)

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USPTO Publishes Drug Patent and Exclusivity Study Report

The U.S. Patent and Trademark Office (USPTO), in conjunction with the Food and Drug Administration (FDA) and in response to January 2022 and April 2022 letters from Senator Thom Tillis (R-NC), has published a report examining…more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Notice of Proposed Rulemaking (NOPR), Pharmaceutical Patents, USPTO

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California: Proposed Regulations Impacting the M&A Market in California

Below we outline what you need to know from the recently proposed regulations if you are a health care entity evaluating a transaction in California that is expected to close on or after April 1, 2024. Since the…more

Acquisitions, California, Fair Market Value, Health Care Providers, Mergers

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COVID-19: Provider Relief Funds for Assisted Living Facilities

On September 1, 2020, the U.S. Department of Health and Human Services (HHS) announced that assisted living facilities (ALFs) may now apply for funding under the Provider Relief Fund (PRF) Phase 2 General Distribution…more

Assisted Living Facilities (ALFs), CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers

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Infrastructure Investment and Jobs Act: January 1, 2022, Brings Opportunities with Two Types of Tax Exempt Bonds and Program Expansion

Executive Summary - On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (Public Law 117-58) (the “Act”). The Act provides for more than $550 billion in new infrastructure…more

Biden Administration, Broadband, Carbon Capture and Sequestration, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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The Fifth Circuit Strikes a Blow to the Constitutionality of SEC Administrative Proceedings

On Wednesday, in a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled in Jarkesy v. SEC that proceedings before an SEC administrative law judge were unconstitutional. Notably, the circuit…more

Administrative Proceedings, Appeals, Securities Act of 1933, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

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Prop 65: Changes to Short-Form Warnings Will Cause Long-Term Impacts

The California Office of Environmental Health Hazard Assessment (OEHHA) recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions…more

California, Chemicals, Enforcement Actions, Manufacturers, New Regulations

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Time Is Running Out For The EPO’s 10-Day Rule

Stakeholders accustomed to having “ten more days” to respond to a communication from the European Patent Office will have to update their calendaring systems for documents dated on or after November 1, 2023. This is because the…more

Deadlines, European Patent Office, Shareholders, USPTO

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Recent California Federal Court Decision Indicates That Determining Whether an Employment Agreement Illegally Restrains Lawful Employment Can Be a Fact-Intensive Inquiry Requiring Discovery

In a previous article that we published in October 2023, we detailed California’s forthcoming amendment to its noncompete law. That law, which is codified in California Business & Professions Code sections 16600 et seq, voids…more

California, Cause of Action Accrual, Confidential Information, Contract Terms, Insurance Brokers

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EV and EV-Infrastructure Deployment Encounters Regulatory, Political, and Market Challenges in 2024: Hitting Speed Bumps or Shifting into Reverse?

The road to electrified mobility has been a tumultuous one for automakers, battery-electric vehicle (EV) infrastructure developers, and their supporting industries. Global EV technologies and trends are evolving rapidly,…more

Australia, China, Electric Vehicles, EU, European Commission

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Noncompete Agreements: Updated Income Thresholds for 2025

As our readers know, in 2024 the Federal Trade Commission’s (FTC) proposed regulation to eliminate almost all noncompete agreements did not come to fruition — at least for now. As we reported earlier this month, however, the…more

Compliance, Department of Labor (DOL), Employees, Employment Contract, Employment Policies

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Make Food “Healthy” Again: FDA’s Resolution for a Healthier 2025

The U.S. Food and Drug Administration (FDA) began 2025 with a resolution to make food “healthy” again by announcing a trio of new final and proposed rules that are intended to make it easier for consumers to identify healthy…more

Compliance, Department of Health and Human Services (HHS), Final Rules, Food and Drug Administration (FDA), Food Labeling

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Key Takeaways from the North Texas Real Estate Summit

...The premier event was well attended by key players in the North Texas real estate industry and the event served as a unique platform for owners, operators, investors, developers, capital providers, and other industry leaders…more

Conversion, Innovation, Real Estate Market, Subsidiaries, Texas

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Quantum Computing’s Transcendence: Impacts on Industry

In previous articles we addressed quantum computing’s expected impact on the foundational technologies underpinning today’s computing ecosystem. But entire industries stand to be radically transformed by its advent – from health…more

Banking Sector, Electronic Communications, Energy Sector, Financial Services Industry, Healthcare

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Top Legal Issues Facing the Manufacturing Sector in 2023

Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past…more

Artificial Intelligence, Best Practices, Clawbacks, Compensation, Compliance

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Colorado Steps Deeper into the No Minimum Parking Club

Have you ever thought about the hidden costs of “free parking”? Colorado Rep. Stephanie Vigil highlighted a crucial point – the cost of “free parking” is hidden and drives up housing expenses. By removing minimum parking…more

Affordable Housing, Colorado, Multi-Family Development, Parking Lots

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What Every Multinational Company Needs to Know About … Criminal Enforcement of Trade, Import, and Tariff Rules: A Growing Risk for Businesses

In less than 100 days, the Trump administration has implemented a dizzying array of new tariffs, significantly increasing costs and complexity for U.S. importers. The administration is keenly aware that companies operating in…more

China, Criminal Prosecution, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions

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Court Enjoins Portions of Trump Administration’s DEI Executive Orders

In another regulatory turn for federal contractors and private employers, a federal judge partially enjoined enforcement of provisions of the Trump Administration’s executive orders regarding diversity, equity, inclusion and…more

Affirmative Action, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders

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Texas Legislature Passes Decommissioning Statutory Requirements on Wind Energy Land Leases

The Texas legislature recently passed House Bill 2845 modifying Section 301 of Title 6 of the Texas Utilities Code to impose statutory decommissioning requirements on any person (“Wind Developer”) that leases property from a…more

Contract Terms, Decommissioned Facilities, Ground Leases, Pending Legislation, Wind Power

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Texas Legislature Passes Bill Creating Specialized Business Trial Courts: 12 Things You Need To Know Now

On May 25, 2023, the Texas Legislature passed HB 19, legislation that creates specialized business courts. The bill now will make its way to the Governor’s desk for consideration. Here is what you need to know now:..…more

Appeals, Corporate Counsel, Governor Abbott, Jurisdiction, Limited Liability Company (LLC)

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Democrats Introduce Tax Proposals

The House of Representatives Ways and Means Committee Chairman introduced new tax proposals on Monday that would raise more than $2 trillion in tax revenue as part of the Democrats’ effort to roll back the Trump administration…more

Capital Gains Tax, Corporate Taxes, Estate-Tax Exemption, Grantor Retained Annuity Trusts (GRATs), Grantor Trusts

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Key Impacts and Strategies for Suppliers Affected by the Ongoing UAW Strike

The United Auto Workers Union strike against the Detroit Three automakers that began on September 15th continues with no immediate resolution in sight. The UAW expanded the strike on Friday September 22nd when some 5,500 UAW…more

Automotive Industry, Contract Terms, Ford Motor, General Motors, Strike

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Inflation Woes: Four Key Ways for Companies to Address Inflation in the Supply Chain

The U.S. economy is grappling with the highest inflation in decades, with extensive inflation in the supply chain affecting companies worldwide. Supply chain disruptions undoubtedly have contributed to rising inflation, as…more

Consumer Price Index, Contract Amendments, Force Majeure Clause, Price Inflation, Supply Chain

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Navigating the Road Ahead: How AI and Vehicle Automation are Transforming the Transportation Industry

Artificial Intelligence (AI) is expected to impact almost every modern industry, with no exception for the automotive and transportation industries. Today’s cars are more “connected” than ever, offering features such as…more

Artificial Intelligence, Automation Systems, Automotive Industry, Cyber Attacks, Cybersecurity

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DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors to…more

Affirmative Action, Civil Rights Act, Constitutional Challenges, Department of Labor (DOL), Employment Discrimination

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Building Biotech with Brains: Strategies for Maximizing Value of AI-Driven Biotechnology Inventions

The rapid rise of artificial intelligence (AI) and machine learning (ML) in biotechnology products and services is becoming a driver of the personalized medicine and health care sectors. While this integration can require…more

Alice/Mayo, Artificial Intelligence, Biotechnology, Inventions, Machine Learning

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SEC Adopts New Rules Requiring Universal Proxy Cards in Contested Director Elections

On November 17, 2021, the U.S. Securities Exchange Commission (the “Commission”) announced the adoption of new rules requiring the use of universal proxy cards in contested director elections. With the Commission calling it “an…more

Dissident Shareholders, New Rules, Securities and Exchange Commission (SEC), Shareholder Meetings, Universal Proxy Cards

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Illinois Insurance Law Update: H.B. 579 and H.B. 2296 Signed Into Law; Significant Changes On The Horizon For Illinois Health Insurance Industry

On June 29, 2023, Governor J.B. Pritzker signed House Bills 579 and 2296 into law, enacting sweeping changes to Illinois health insurance law that grants the Illinois Department of Insurance (IDOI) expanded regulatory powers…more

Benefit Plan Sponsors, Employee Benefits, Employer Group Health Plans, Enrollment, Health Insurance

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Federal Court Rejects FCA’s “65%-100%” Language as Insufficient to Constitute the Necessary Quantity Term in a Requirements Contract—A Win for Suppliers

A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in…more

Automotive Industry, Breach of Contract, Commercial Contracts, Contract Terms, Dispute Resolution

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[Event] Check, Raise, or Fold: The Risky Business of IP - Sept. 18th, Chicago, IL

This event is intended for in-house counsel and business executives only. New decisions. New rules. New strategies. In the world of IP, the hand your business is dealt is ever-changing.* The more intertwined your IP assets…more

Continuing Legal Education, Events, Intellectual Property Litigation, Intellectual Property Protection, Patents

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SEC Proposes New Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

On March 9, 2022, the U.S. Securities Exchange Commission (the Commission) announced proposed amendments to its rules regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies to…more

Corporate Governance, Cybersecurity, Data Privacy, Disclosure Requirements, Foreign Private Issuers

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Office of the Comptroller of the Currency Updates “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or Practices” Booklet

Financial institutions that are regulated and supervised by the Office of the Comptroller of the Currency (OCC) should know that the OCC has recently updated its booklet on Unfair or Deceptive Acts or Practices (UDAP) and…more

Abusive Acts, Comptroller, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Data Protection

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Increased Gift and Estate Tax Exemption Amounts for 2023

The gift tax annual exclusion and the gift and estate tax exemption increased significantly for 2023. Effective January 1, 2023, the following amounts may be helpful in considering estate planning options for the new year: …more

Estate Planning, Estate-Tax Exemption, Gift-Tax Exemption, Tax Exemptions

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IP Considerations For Companies In Carbon Capture Sector

When thinking of archetypal unicorns in the technology sector, carbon capture is rarely top of mind. However, a December report by McKinsey & Co. stated that global investment in carbon capture technologies is predicted to…more

Carbon Capture and Sequestration, Infrastructure Investment and Jobs Act (IIJA), Intellectual Property Protection, Licenses, Proprietary Information

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Please Remain Standing: 11th Circuit Rejects $35 Million GoDaddy Settlement Due to Absent Class Members Lack of Standing

Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision late…more

Article III, Attorney's Fees, CAFA, Class Action, Federal Rules of Civil Procedure

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Illinois Governor Pritzker Announces Stay at Home Order

Illinois Governor JB Pritzker announced that, effective tomorrow, March 21 at 5:00 pm through April 7, all residents of Illinois are subject to a stay at home order. All nonessential business operations have been ordered to…more

Business Closures, Coronavirus/COVID-19, Governor Pritzker, Operators of Essential Services

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Chevron’s Demise Creates New False Claims Act Defenses

The demise of Chevron opens up new potential defenses in False Claims Act (FCA) cases. On June 28, 2024, the Supreme Court, in Loper Bright Enterprises v. Raimondo, put an end to Chevron deference to agency interpretation of…more

Administrative Procedure Act, Chevron Deference, Department of Justice (DOJ), False Claims Act (FCA), Loper Bright Enterprises v Raimondo

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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European Medtech Companies: Why a U.S. Centric Patent Strategy is Essential for Long-Term Success

As European medtech companies look to expand their presence in the U.S. market, understanding the intricacies of U.S. patent law becomes increasingly important. The U.S. market, being the largest for medical technologies,…more

Due Diligence, EU, European Patent Office, Health Technology, Intellectual Property Protection

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Cannabis Mid-Year Update 2022

Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent…more

Bankruptcy Court, Biden Administration, Cannabidiol (CBD) oil, Cannabis Products, DEA

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What Every Multinational Company Should Know About … The New Steel and Aluminum Tariffs

What Has President Trump Announced? On February 10, 2025, President Trump signed proclamations titled Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum into the United States. The…more

Countervailing Duties, International Trade, National Security, Risk Management, Steel Industry

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Takeaways From USPTO's AI-Assisted Invention Guidance

Pursuant to efforts by the federal government to develop artificial intelligence in a safe, secure and trustworthy manner, the U.S. Patent and Trademark Office issued inventorship guidance for inventions developed with…more

Artificial Intelligence, Contribution Claims, Inventions, Inventors, New Guidance

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FDA: The Effects of Loper on the Regulatory Agenda

The Supreme Court’s decision in June 2024 in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce to overrule the Chevron doctrine has major implications for every administrative agency, including…more

Administrative Procedure Act, Center for Drug Evaluation and Research (CDER), Chevron Deference, Food and Drug Administration (FDA), Loper Bright Enterprises v Raimondo

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Decentralized Clinical Trials: Research Misconduct Risks & How to Avoid Them

This is the fifth edition of our blog series on decentralized clinical trials DCTs. Click here to explore the series. The COVID-19 Pandemic required the health care industry to adapt to accommodate remote patient care,…more

Clinical Trials, False Claims Act (FCA), Food and Drug Administration (FDA), Health Care Providers, HHS Office of Research Integrity (ORI)

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EEOC Reminds Employers How to Handle Applicants and Employees With Hearing Disabilities

There is no doubt that the COVID-19 pandemic continues to have a lasting impact on our society. Of the various changes we have experienced so far, the prevalence of remote or hybrid workplaces has had — and will continue to have…more

AFA, Disability Discrimination, EEOC Commissioner, Job Applicants

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SEC Climate Disclosures Rules One Step Closer to the Grave; GHG Emissions Disclosures One Step Closer to Becoming a Multi-State Compliance Issue

The slow death of the Securities and Exchange Commission’s (SEC) climate disclosure rules continued on March 27, 2025, with the SEC Commissioners voting to discontinue the defense of such rules before the Eighth Circuit, Iowa v…more

California, Climate Change, Compliance, Disclosure Requirements, Greenhouse Gas Emissions

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SEC Adopts New Cybersecurity Disclosure Rules

On July 26, 2023, the U.S. Securities Exchange Commission (“SEC”) adopted final rules regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies. The final rules require registrants…more

Annual Reports, Customer Proprietary Network Information (CPNI), Cybersecurity, Disclosure Requirements, FBI

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How Coronavirus Is Effecting the Construction Industry: An Evolving Tracker of Construction Shutdowns Across the United States (Updated April 17, 2020))

Updated Friday, April 17, 2020 @ 5:00pm EST The U.S. construction market has been upended by the COVID-19 pandemic. Rapidly evolving state and local orders governing business closures, limitations on social gatherings, and…more

Business Closures, Construction Industry, Coronavirus/COVID-19

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Supreme Court Narrows TCPA Ban on Autodialers

The Supreme Court on Thursday issued its long-awaited ruling on what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA), in Facebook Inc. v. Duguid, Case No. 19-511. The…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, SCOTUS, TCPA

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What Goes Around Comes Around: The Resurgence of Data Breach Class Actions

Data breach class actions are again on the rise, with a recent report by Lex Machina confirming what many cybersecurity practitioners have seen first-hand over the last two years. The findings also reaffirm longstanding best…more

Class Action, Cyber Attacks, Cybersecurity, Data Breach, Investment

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What’s Next in Washington? - January 2023 Edition

The dust from the 2022 Midterm Elections has settled and the 118th Congress has begun. Republicans were successfully able to flip control of the House and now have a 222-212 majority with one vacancy to be filled. Democratic…more

Child Tax Credit, Climate Change, Communications Decency Act, Congressional Review Act, Consolidated Appropriations Act (CAA)

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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Unlocking the Power of Equity-Based Incentive Compensation: Basics of Restricted Stock, Restricted Stock Units, and Performance Stock Units

This article is the fourth in our series on equity-based compensation intended to assist employers with answering a common question: What type of equity compensation award is best for our company and our employees?..…more

Capital Gains, Employee Retirement Income Security Act (ERISA), FICA Taxes, Incentive Compensation, Restricted Stocks

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Medicare Issues Final Rules for Hospital Outpatient and Ambulatory Surgery Center Payment Systems

On November 15, 2012, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register final rules that would, among other things, update payment policies and rates under the Outpatient Prospective Payment…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare

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Health Care Marketing: The Seventh Circuit Addresses “Referrals” Under The Anti-Kickback Statute

Health care organizations working with marketers, independent sales representatives, advertising, and other consulting support to promote sales of products or services received welcomed news that their arrangements may be lower…more

Anti-Kickback Statute, Appeals, Enforcement Actions, Healthcare Fraud, Manufacturers