Author Info for Foley Hoag LLP

Stacie Aarestad

SEC Signals Potential Shift in Disclosure Requirements

Recent developments at the SEC highlight the Commission’s focus on reducing disclosure burdens for companies and encouraging public capital formation. SEC Executive Compensation Roundtable - Executive compensation… more

Capital Markets, Disclosure Requirements, Executive Compensation, Initial Public Offering (IPO), Investors

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Alexander Aber

COVID-19 M&A Closing Considerations

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

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

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Adam Aguirre

Is a CID or Government Subpoena a Claim?

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

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

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Alexander Akhiezer Ph.D.

PTAB Overturns a Subject Matter Eligibility Rejection of Claims Directed to a Quantum-Computing Method

On February 13, 2025, Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO) overturned a patent eligibility rejection of claims directed to a method of performing a computation using a quantum… more

Appeals, Innovative Technology, Intellectual Property Litigation, Intellectual Property Protection, Patent Applications

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Jesse Harlan Alderman

Proposed Bill from Joint Cannabis Committee Would Adopt Meaningful Reforms to Struggling Mass. Cannabis Industry

Nearly nine years after voters authorized the regulated sale of adult use cannabis in Massachusetts, the Joint Cannabis Committee is addressing the challenges (and that’s an understatement) the industry is facing with a very… more

Business Ownership, Cannabis Products, Cannabis-Related Businesses (CRBs), DEA, Enforcement

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Mehack Ali

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

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

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

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Samita Ali-Khan

10 Disclosure Considerations for Public Companies Given Trump’s and DOJ’s Outlook on “Illegal DEI”

As we previously explained, Trump issued a handful of executive orders aimed at eliminating diversity, equity and inclusion (“DEI”) programs and policies within the federal government and encouraged the private sector (including… more

Compliance, Corporate Counsel, Corporate Governance, Department of Justice (DOJ), Disclosure Requirements

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Nicholas Anastasi

SEC Targets Issuers and Officers for Disclosure Violations Through Data Analytics

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

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

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Haider David Andazola

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

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

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

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Allison Anderson

After Nearly Eight Decades of Lawful Captive-Audience Meetings, Employers Are Now Prohibited From The Practice

On November 13, 2024, the National Labor Relations Board (“Board”) overturned Babcock & Wilcox, 77 NLRB 577 (1948), which had—for over 75 years—protected employers’ right to hold mandatory meetings on their premises to express… more

Babcock & Wilcox Construction, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Catherine Anderson

BE-10 Benchmark Survey of U.S. Direct Investment Abroad – Filings Due May 30 or June 30, 2025

Key Takeaways: - The U.S. Bureau of Economic Analysis (BEA) has announced that it is once again time to file the BE-10 Benchmark Survey of U.S. Direct Investment Abroad. The benchmark survey covers the universe of U.S. direct… more

Bureau of Economic Analysis, Business Entities, Filing Deadlines, Filing Requirements, Foreign Direct Investment

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Jennifer Audeh

Conversations with the Industry: Joyce Sidopoulos, MassRobotics

Joyce Sidopoulos, Co-Founder and Chief of Operations at MassRobotics, works on initiatives to expand the breadth and depth of the robotics ecosystem and develops high impact programs, highlighting startups technologies, matching… more

Agribusiness, Artificial Intelligence, Automation Systems, Employee Training, Healthcare

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Neil Austin

Previewing SEC Enforcement in 2023

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

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

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Kian Azimpoor

Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’

On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider” provision,… more

Appeals, Constitutional Challenges, Executive Orders, Federal Nursing Home Reform Act (FNHRA), Healthcare Reform

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Richard Baldwin

Product Liability Update - July 2021

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

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

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Matthew Baltay

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

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

Acquisitions, Fees, Merger Agreements, Mergers, Termination Clauses

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Yoni Bard

DOJ Announces New Priorities in White-Collar Criminal Enforcement: Targeting Waste, Fraud, and Abuse and Protecting American Interests

The U.S. Department of Justice’s ("DOJ") Criminal Division recently issued a memorandum outlining a shift in the DOJ’s priorities and policies for prosecuting white-collar crime (the “Memorandum”). Issued by the Head of the… more

Criminal Investigations, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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Thomas Barker

Supreme Court Narrows Medicaid Beneficiaries’ Right to Sue: Key Takeaways from Medina v. Planned Parenthood South Atlantic

The Supreme Court of the United States has issued a significant healthcare decision in Medina v. Planned Parenthood South Atlantic, a case which will likely have far-reaching implications for Medicaid beneficiaries and providers… more

Appeals, Beneficiaries, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Healthcare Reform

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Mark Barnett

Climate Law Matters: Energy & Climate Newsletter - June 2025

In this Issue: Fusion, Federal Actions & Other Climate Hot Topics - Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy,… more

Clean Energy, Climate Change, Energy Policy, Energy Sector, Executive Orders

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Stephen Bartlett

House Appropriations Committee Takes Aim at Intoxicating Hemp

Could Congress stamp out the national intoxicating hemp product market through a routine spending bill? With Congress balking at direct regulation of the nearly $30 billion national hemp cannabinoid product market, certain… more

Agribusiness, Cannabis Products, Congressional Committees, Farm Bill, Food and Drug Administration (FDA)

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Sahar Basaria

Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

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

Acquittals, Alstom, Appeals, Bribery, Corporate Counsel

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Joseph Basile

COVID-19 M&A Closing Considerations

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

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

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Alison Bauer

23andMe Bankruptcy Update: U.S. Trustee and Texas Seek Consumer Privacy Ombudsman, While Debtors Aim for Less Oversight with Customer Data Representative

As noted in our last two client alerts, the issue as to who should be the watchdog to protect consumer personal data is coming to a head in the chapter 11 bankruptcy cases of 23andMe Holding Co and its affiliated debtors… more

23andMe, Bankruptcy Code, Bankruptcy Court, Chapter 11, Consumer Privacy Rights

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Samuel Bauer

Cannabis Rescheduling Will Not Open Bankruptcy Doors

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

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

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Christina Beharry

International Business and Human Rights Arbitration Proposal Gains Momentum

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

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

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Eric Belsley Ph.D.

Treasury Subjects Investment Advisers to Anti-Money Laundering Requirements

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

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

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Fernando Berdion-Del Valle

The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

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

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

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Nicholas Bergara

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. Throughout 2024, enforcement of international trade laws continued to gather pace… more

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

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Gabrielle Bernstein

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

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

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

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Maureen Berry

EEOC and DOJ Outline Employment Practices That Constitute “Illegal DEI” in New Guidelines

Ever since President Donald Trump issued a handful of diversity, equity, and inclusion (“DEI”)-related executive orders in January 2025, employers have pondered which DEI practices and programs would constitute the “illegal DEI”… more

Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Scott Bloomberg

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

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

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Jonathan Book

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

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

CARES Act, Coronavirus/COVID-19

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Paul Bork

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

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

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

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Michael Boudett

“Gossip Cop” Held To Willfully Infringe Copyrighted Photos

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

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

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Elza Bouhassira

Massachusetts Statewide Large Building Energy Reporting Rules Now in Effect

The new regulations set the first statewide energy usage reporting deadline for large buildings, which is coming up on June 30, 2025. Building on our previous updates on LBER, here’s what the regulated community needs to know as… more

Climate Change, Energy Policy, Energy Sector, Property Owners, Reporting Requirements

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Patrick Brennan

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

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

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

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Kathleen Brill

Massachusetts Statewide Large Building Energy Reporting Rules Now in Effect

The new regulations set the first statewide energy usage reporting deadline for large buildings, which is coming up on June 30, 2025. Building on our previous updates on LBER, here’s what the regulated community needs to know as… more

Climate Change, Energy Policy, Energy Sector, Property Owners, Reporting Requirements

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Corey Brown

COVID-19 M&A Closing Considerations

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

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

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Jasmine Brown

Court Blocks Key Provisions Under Trump Administration’s Anti-DEI Executive Orders

On Friday, February 21, 2025, the United States District Court for the District of Maryland issued a preliminary injunction against key provisions of executive orders issued by President Trump that are aimed at curtailing the… more

Civil Rights Act, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions

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James Bucking

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

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

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

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Sarah Burg

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

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

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

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Brendan Burke

Massachusetts Angel Investor Tax Credit Program for Life Sciences Investments

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

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

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Matthew Burton

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

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

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

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Steven Burwell

COVID-19 Related Due Diligence for Life Sciences Companies

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

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

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Aleksis Fernandez Caballero

U.S. and EU Take Steps Towards Easing Sanctions on Syria

On May 23, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License No. 25 (“GL 25”) authorizing certain transactions involving Syria and a specified list of blocked persons,… more

Economic Sanctions, Export Controls, FinCEN, General Licenses, International Trade

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Langie Cadesca

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization

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Kelly Caiazzo

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

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

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

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Emily Cain

SEC Brings Enforcement Actions for Failures to Timely File Form D

On December 20, 2024, the Securities and Exchange Commission (the “SEC”), announced settled charges against two private companies and one registered investment adviser for failing to timely file Forms D, a violation of Rule 503… more

Capital Formation, Compliance, Enforcement Actions, Filing Requirements, Investor Protection

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Brian Carey

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

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

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

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Daniel Carlston

DOER Releases SMART 3.0 Program Emergency Regulations – Public Comments Due July 25, 2025

On June 20, 2025, the Massachusetts Department of Energy Resources (“DOER”) filed emergency regulations for the SMART 3.0 Program, the newest iteration of DOER’s Solar Massachusetts Renewable Target (“SMART”) tariff-based… more

Clean Energy, Energy Policy, Energy Projects, Filing Deadlines, New Regulations

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Matthew Casassa

117th Congress to Target Private Entities with Increased Congressional Investigations

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

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

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Shayonna Cato

DOJ Announces New Priorities in White-Collar Criminal Enforcement: Targeting Waste, Fraud, and Abuse and Protecting American Interests

The U.S. Department of Justice’s ("DOJ") Criminal Division recently issued a memorandum outlining a shift in the DOJ’s priorities and policies for prosecuting white-collar crime (the “Memorandum”). Issued by the Head of the… more

Criminal Investigations, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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Marion Cavalier

EU Commission Issues Communication about GDPR

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

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

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Christopher (Kip) Cawley

Recent Updates on the Applicability of IRC Section 280E to Cannabis Companies

Cannabis companies are increasingly taking non-280E positions on their current year federal income tax returns, while many, such as public “MSOs,” have amended prior years’ returns to reflect this position. Foley Hoag’s Tax… more

Audits, Cannabis Products, Government Agencies, IRC Section 280E, IRS

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Rebecca Cazabon

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

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

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

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Pat Cerundolo

Massachusetts Legislation Proposes Cost Disclosures and Price Caps for Prescription Drugs

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

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

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Hemmie Chang

Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

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

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

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Jago Chanter

Recent Highlights in Aviation and Defense Arbitration

The last year has demonstrated the continued suitability of commercial and investment arbitration for dealing with complex, and simple, disputes in these crucial industries. Please see below our takeaways on some of the more… more

Arbitration, Aviation Industry, Breach of Contract, Contract Disputes, Corruption

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Paul Charlot

Are There Legitimate Ways to Achieve More Advantageous Tariff Classifications?

With recent increases in U.S. tariffs and the increasing complexity of determining applicable duties for different products, importers are looking for ways to reduce their tariff exposure. Since a product’s tariff treatment… more

Corporate Counsel, Customs and Border Protection, Department of Justice (DOJ), Enforcement, False Claims Act (FCA)

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E. Jacqueline Chávez

Companies Should Beware of Employees Texting Business Communications

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

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

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Kevin Chen

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously… more

Appeals, Energy Policy, Energy Projects, Municipalities, Permits

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Corentin Chevallier

Key Dates for the Main Environmental Legislations

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

Deadlines, EU, France, Legislative Agendas

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Susanna Chi

Foley Hoag 2024 White Collar Year In Preview Series

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

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

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Rebecca Chilton

Climate Law Matters: Energy & Climate Newsletter - December 2024

In this Issue: Mission is Market - As with many, we in the Foley Hoag energy and climate practice have felt the results of the 2024 election reverberate through our industry. We’ve gathered and digested the most current… more

Biden Administration, Charging Stations, Clean Energy, Climate Change, Electric Vehicles

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Michelle Youngmin Choi

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

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

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

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Philip Choi Ph.D.

What Did the Court Really Say About Patent Eligibility?

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

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

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Alissa Clarke

Navigating the International Trade & National Security Landscape

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

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

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Daniel Clevenger

SEC Brings Enforcement Actions for Failures to Timely File Form D

On December 20, 2024, the Securities and Exchange Commission (the “SEC”), announced settled charges against two private companies and one registered investment adviser for failing to timely file Forms D, a violation of Rule 503… more

Capital Formation, Compliance, Enforcement Actions, Filing Requirements, Investor Protection

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Martha Coakley

State AGs Take the Lead in First Month of Trump Opposition

The first month of the second Trump Administration has been marked by a deluge of executive orders and federal agency directives aimed at implementing the new administration’s policy priorities. State Attorneys General have… more

Administrative Procedure Act, Citizenship, Constitutional Challenges, Department of Government Efficiency (DOGE), Executive Orders

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Frédéric Cohen

Shareholders' Agreement: Caution When Drafting Drag Along Provisions

“Drag along” provisions are frequently included in shareholders’ agreements. Whenever an offer for all (or a high proportion) of a company's share capital is accepted by a majority (as determined by the shareholders’ agreement)… more

Acquisitions, Contract Terms, Corporate Governance, Investors, Mergers

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Amanda Coleman

Federal Cryptocurrency Enforcement in 2023

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

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

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Jeffrey Collins

SEC Extends Compliance Date for Form PF Amendments to October 1, 2025

On June 11, 2025, the Securities and Exchange Commission (“SEC”) voted to extend the compliance date for the amendments to Form PF that were adopted on February 8, 2024. The compliance date for these amendments, which was June… more

Compliance, Filing Deadlines, Form PF, Fund Managers, Investment Funds

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Patrick Connolly

Silicon Valley Bank: Preparing for Monday

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

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

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Kevin Conroy

Massachusetts AG Issues Broad "Junk Fee" Regulations

On Monday, March 3, 2025, Massachusetts Attorney General Andrea Campbell finalized new regulations under the Massachusetts Consumer Protection Act, Chapter 93A, restricting the use of hidden or surprise fees at the end of a… more

Advertising, Consumer Protection Laws, Contract Terms, Fees, Final Rules

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Sarah Cooleybeck

BIOSECURE Act: Industry Closely Following in the Lame Duck

Congress is back in session with a loaded agenda for the lame duck period. One of the top issues the life sciences industry is tracking is the potential passage of the BIOSECURE Act. Speaker Johnson has signaled the House will… more

Biotechnology, Congressional Committees, Grandfathering Rules, Healthcare, Lame Duck Session

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Cecilia Copperman

Reshaped IPR Landscape: Narrower Estoppel and Fewer New Cases

Key Takeaways - - A recent Federal Circuit decision in a case involving an inter partes review (IPR) significantly narrowed a patentee’s ability to rely on estoppel to block a defendant from raising invalidity grounds. - The… more

Appeals, Estoppel, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Invalidity

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Euripides Dalmanieras

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

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

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

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Julia Dash

SEC Extends Compliance Date for Form PF Amendments to October 1, 2025

On June 11, 2025, the Securities and Exchange Commission (“SEC”) voted to extend the compliance date for the amendments to Form PF that were adopted on February 8, 2024. The compliance date for these amendments, which was June… more

Compliance, Filing Deadlines, Form PF, Fund Managers, Investment Funds

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Rachel Davidson

Office of the Massachusetts Attorney General – 2022 Preview

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

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

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Kristyn Bunce DeFilipp

Recent Trends of State Attorneys General in Healthcare Regulation

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

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

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Carmen DeMatteis

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

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

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

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Regina DeSantis

Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’

On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider” provision,… more

Appeals, Constitutional Challenges, Executive Orders, Federal Nursing Home Reform Act (FNHRA), Healthcare Reform

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Caroline Donovan

False Claim Act Liability Under Anti-Kickback Statute Requires But-For Causation: First Circuit Narrows Liability in Growing Circuit Split

On February 18, 2025, the First Circuit Court of Appeals issued its decision in U.S. v. Regeneron Pharmaceuticals, ruling that the Anti-Kickback Statute (“AKS”) requires the government to prove that an AKS violation was the… more

Anti-Kickback Statute, Causation, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Olivier Dorgans

U.S. and EU Take Steps Towards Easing Sanctions on Syria

On May 23, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License No. 25 (“GL 25”) authorizing certain transactions involving Syria and a specified list of blocked persons,… more

Economic Sanctions, Export Controls, FinCEN, General Licenses, International Trade

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Anne-Fleur Dory

Recent Highlights in Aviation and Defense Arbitration

The last year has demonstrated the continued suitability of commercial and investment arbitration for dealing with complex, and simple, disputes in these crucial industries. Please see below our takeaways on some of the more… more

Arbitration, Aviation Industry, Breach of Contract, Contract Disputes, Corruption

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Paul Downs

Employers Should Revisit Their Non-Compete Agreements for 2023

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

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

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Thomas Draper

Silicon Valley Bank: Preparing for Monday

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

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

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Brian Dygon

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

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

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

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Tanisha Edwards

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

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

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

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Patricia Pérez Elias

SEC Amends “Accredited Investor” Definition

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

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

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Peter Ellis

Product Liability Update - April 2024

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

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

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Adrienne Ellman

COVID-19 M&A Closing Considerations

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

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

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Jonathan Ettinger

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

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

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

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Caroline Farell

Supreme Court Narrows Medicaid Beneficiaries’ Right to Sue: Key Takeaways from Medina v. Planned Parenthood South Atlantic

The Supreme Court of the United States has issued a significant healthcare decision in Medina v. Planned Parenthood South Atlantic, a case which will likely have far-reaching implications for Medicaid beneficiaries and providers… more

Appeals, Beneficiaries, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Healthcare Reform

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Christopher Feudo

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

Key Takeaways: - The Supreme Court held that Title VII does not permit courts to impose a heightened evidentiary standard on majority-group plaintiffs alleging disparate treatment. - Some lower courts have required plaintiffs… more

Affirmative Action, Ames v Ohio Department of Youth Services, Disparate Treatment, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Barbara Fiacco

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

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

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

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Mark Finsterwald

Supreme Court Clarifies FSIA’s Expropriation Exception in Republic of Hungary v. Simon

Key Takeaways: The U.S. Supreme Court unanimously held that a party cannot establish the U.S. commercial nexus required to invoke the FSIA’s expropriation exception by alleging a foreign state expropriated property in violation… more

Commercial Litigation, Expropriation, Foreign Governments, Foreign Sovereign Immunities Act of 1976 (FSIA), International Jurisdiction

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Kevin Fitzgerald

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

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

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

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Tiffany Ann Ford

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

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

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

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Monica Frascona

After Nearly Eight Decades of Lawful Captive-Audience Meetings, Employers Are Now Prohibited From The Practice

On November 13, 2024, the National Labor Relations Board (“Board”) overturned Babcock & Wilcox, 77 NLRB 577 (1948), which had—for over 75 years—protected employers’ right to hold mandatory meetings on their premises to express… more

Babcock & Wilcox Construction, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Lucas Freeman Ph.D.

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

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

Acquisitions, Batteries, Clean Energy, Electric Vehicles, Electricity

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James Fullmer

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

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

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

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Jeffrey Ganguly

Securing Site Control in Cannabis Licensing

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

See all updates »

Christian Garcia

SEC Expected to Shift Priorities and Adopt a More Business-Friendly Approach in 2025

This is the fourth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several… more

Artificial Intelligence, Climate Change, Cryptocurrency, Disclosure Requirements, Enforcement Actions

See all updates »

Constance Garner

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

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

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

See all updates »

Stephen Garvey

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

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

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

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David Geiger

Product Liability Update - April 2025

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

Appeals, Clinical Trials, Failure To Warn, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

Rebecca Gerome

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

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

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

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Zachary Gerson

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously… more

Appeals, Energy Policy, Energy Projects, Municipalities, Permits

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Chawkat Ghazal

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. Throughout 2024, enforcement of international trade laws continued to gather pace… more

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

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Amanda Gialil

Texas District Court Issues Nationwide Preliminary Injunction Enjoining Reporting and Enforcement Under The Corporate Transparency Act

In a striking decision on December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in favor of the plaintiffs in Texas Top Cop Shop, Inc. et al. v. Garland. The Texas… more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Deadlines

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Nicholas Gill

SEC Division of Examinations Issues 2022 Examination Priorities

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

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

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Michael Glanz

FinCEN Issues Interim Final Rule Gutting the Corporate Transparency Act

Key Takeaways: - Exemption for Domestic Reporting Companies: Domestic reporting companies are now exempt from the requirement to file beneficial ownership information (“BOI”) reports under the Corporate Transparency Act… more

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

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Carine Le Roy-Gleizes

Key Dates for the Main Environmental Legislations

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

Deadlines, EU, France, Legislative Agendas

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Bryant Godfrey

U.S. Department of Commerce Investigates Possible Tariffs on Pharmaceuticals: Forecasting the Impact and an Opportunity to Comment

I. Key Takeaways - - The Secretary of Commerce is investigating the effects of imports of pharmaceuticals and pharmaceutical ingredients (and their derivative products) on national security to support potential tariffs or… more

Biologics, Comment Period, Drug Pricing, Food and Drug Administration (FDA), Imports

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Laura Gradel

Trump Fires EEOC & NLRB Commissioners, Breaking with Precedent and Stalling Agency Actions

On January 27, 2025, President Donald Trump made sweeping and unprecedented changes to both the EEOC and NLRB, firing two of the three Democratic members of the EEOC, Commissioners Jocelyn Samuels and Charlotte Burrows, and… more

Employee Rights, Employment Discrimination, Employment Policies, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Eli Greenspan

Year in Preview: Review of and Insights into Investigations by the 119th Congress

This is the fifth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several… more

Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Governance, Diversity, Energy Sector

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James Gross

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental Reviews

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Review

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Robert Gullo

Department of Transportation Launches the Access to Capital Initiative

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

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

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Mark Haddad

Massachusetts DOER Releases Draft SREC II Regulations

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

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

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Danit Halberstein

Brewed in San Diego: Trademark Lessons from America's Craft Beer Capital and Beyond

This year, the INTA Annual Meeting lands in sunny San Diego, California—a city known not only for its breathtaking coastline, laid-back vibe, and rich cultural diversity, but also for its dynamic landscape of iconic brands and… more

Beer, Beverage Manufacturers, Lanham Act, Likelihood of Confusion, Trademark Infringement

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David Halstead Ph.D.

Milan: Where Life Sciences Patents Are Now in Fashion

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

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

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John Hancock

SEC Issues Guidance Regarding Self-Verification of Accredited Investor Status for Rule 506(c) Offerings

On March 12, 2025, the staff of the U.S. Securities and Exchange Commission (“SEC”) issued a no-action letter clarifying that issuers relying on Rule 506(c) of Regulation D, the private offering safe harbor permitting general… more

Accredited Investors, Investment, Investors, New Guidance, No-Action Letters

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Nicholas Hanel

CCC Holds Public Hearing on Proposed Host Community Agreement Requirements

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

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

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Robert Haney Jr.

Employers Should Revisit Their Non-Compete Agreements for 2023

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

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

See all updates »

John Harre

DOJ’s “Bulk Sensitive Data Rule” is in Effect, and May Require Significant Compliance Obligations as Enforcement is Set to Begin

Pursuant to a newly effective U.S. Department of Justice (DOJ) regulation, the transfer and storage of certain sensitive U.S. government and personal data may be prohibited or restricted, depending on the intended recipient,… more

Data Privacy, Data Security, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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Erica Harrington

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

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

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

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Christopher Escobedo Hart

DOJ’s “Bulk Sensitive Data Rule” is in Effect, and May Require Significant Compliance Obligations as Enforcement is Set to Begin

Pursuant to a newly effective U.S. Department of Justice (DOJ) regulation, the transfer and storage of certain sensitive U.S. government and personal data may be prohibited or restricted, depending on the intended recipient,… more

Data Privacy, Data Security, Department of Justice (DOJ), Enforcement Actions, Executive Orders

See all updates »

Meredith Haviland

SEC Issues Guidance Regarding Self-Verification of Accredited Investor Status for Rule 506(c) Offerings

On March 12, 2025, the staff of the U.S. Securities and Exchange Commission (“SEC”) issued a no-action letter clarifying that issuers relying on Rule 506(c) of Regulation D, the private offering safe harbor permitting general… more

Accredited Investors, Investment, Investors, New Guidance, No-Action Letters

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Brittan Heller

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

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

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

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Malcolm Henderson

Silicon Valley Bank: Preparing for Monday

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

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

See all updates »

Erin Estey Hertzog

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

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

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

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Tad Heuer

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously… more

Appeals, Energy Policy, Energy Projects, Municipalities, Permits

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Aaron Hill

Massachusetts AG Issues Broad "Junk Fee" Regulations

On Monday, March 3, 2025, Massachusetts Attorney General Andrea Campbell finalized new regulations under the Massachusetts Consumer Protection Act, Chapter 93A, restricting the use of hidden or surprise fees at the end of a… more

Advertising, Consumer Protection Laws, Contract Terms, Fees, Final Rules

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Christina Hioureas

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Samuel Hoff

New Massachusetts Healthcare Law Targets Private Equity, REITs, and MSOs; Expands State False Claims Act

On January 8, 2025, Governor Maura Healey signed House Bill 5159 into law, toughening the rules and increasing the risks for private equity (PE) companies, real estate investment trusts (REITs), and management services… more

Compliance, False Claims Act (FCA), Healthcare, Healthcare Fraud, Investors

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Carol Holahan

New England Electricity Restructuring Roundtable Dives Deep into the Future of Gas in New England

On June 13, 2025, industry leaders, regulators, and stakeholders gathered at Foley Hoag for the 186th New England Electricity Restructuring Roundtable. The event, titled “The Future of Gas in New England,” tackled the region’s… more

Climate Change, Energy Policy, Energy Storage, Natural Gas, Renewable Energy

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Caroline Holliday

Product Liability Update - April 2025

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

Appeals, Clinical Trials, Failure To Warn, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

See all updates »

William Holt

Climate Law Matters: Energy & Climate Newsletter - December 2024

In this Issue: Mission is Market - As with many, we in the Foley Hoag energy and climate practice have felt the results of the 2024 election reverberate through our industry. We’ve gathered and digested the most current… more

Biden Administration, Charging Stations, Clean Energy, Climate Change, Electric Vehicles

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August Horvath

CMS Final Rule Requires Prescription Drug Pricing Transparency in DTC Advertising

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

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

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Michael Hoven

Congress Expands SEC’s Disgorgement Power in Defense Spending Bill

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

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

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Erik Huestis

PTAB Overturns a Subject Matter Eligibility Rejection of Claims Directed to a Quantum-Computing Method

On February 13, 2025, Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO) overturned a patent eligibility rejection of claims directed to a method of performing a computation using a quantum… more

Appeals, Innovative Technology, Intellectual Property Litigation, Intellectual Property Protection, Patent Applications

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Samuel Hughes

Massachusetts Issues Marketing Rule Reminder

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

Advertising, Investment, Investment Adviser, Marketing, New Guidance

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Diem Huong Ho

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

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

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

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Matthew Hursh

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

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

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

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Julia Huston

Is Your Company’s Board of Directors Cyber Savvy?

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

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

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Rachel Hutchinson

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

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

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

See all updates »

Marilyn Icsman

SEC Expected to Shift Priorities and Adopt a More Business-Friendly Approach in 2025

This is the fourth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several… more

Artificial Intelligence, Climate Change, Cryptocurrency, Disclosure Requirements, Enforcement Actions

See all updates »

Tyrus Jackson

New York On the Fast Track for Cannabis License Application Submission

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

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

See all updates »

Seth Jaffe

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump… more

CERCLA, Clean Air Act, Clean Water Act, Environmental Litigation, Environmental Protection Agency (EPA)

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Gwendolyn Wilber Jaramillo

Biden Administration Targets Chinese Solar Power Industry Over Human Rights Abuses

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

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

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Joshua Jarvis

Brewed in San Diego: Trademark Lessons from America's Craft Beer Capital and Beyond

This year, the INTA Annual Meeting lands in sunny San Diego, California—a city known not only for its breathtaking coastline, laid-back vibe, and rich cultural diversity, but also for its dynamic landscape of iconic brands and… more

Beer, Beverage Manufacturers, Lanham Act, Likelihood of Confusion, Trademark Infringement

See all updates »

Veronica Jennings

117th Congress to Target Private Entities with Increased Congressional Investigations

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

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

See all updates »

Brendan Jones Ph.D.

A Super CRISPR Week – the Week of May 12, 2025: Patent Battles, Clinical Milestones, and Next-Gen Tools

Key Takeaways: Federal Circuit Reopens CRISPR-Cas9 Priority Fight. The CAFC vacated the PTAB’s earlier ruling that UC lacked prior conception of CRISPR-Cas9 in eukaryotic cells, remanding the interference for reconsideration… more

Biotechnology, CRISPR, Intellectual Property Litigation, Intellectual Property Protection, Life Sciences

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Garrick Josephs

New York Restricts Employer Access to Employee Social Media Accounts

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

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

See all updates »

Kate Josephson

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

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

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

See all updates »

Katherine Jung

The First 100 Days and Higher Education: Litigation Roundup

In this alert, we discuss key provisions of the orders and actions implicating the higher education sector and the lawsuits challenging them (building on our previous analysi...). We have grouped these actions based on their… more

Administrative Procedure Act, Constitutional Challenges, Department of Education, Executive Orders, Higher Education Act

See all updates »

Jared Kadich

Infrastructure Package Makes New Investments in the Electric Transportation Future

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

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

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Adam Kahn

Climate Law Matters: Energy & Climate Newsletter - June 2025

In this Issue: Fusion, Federal Actions & Other Climate Hot Topics - Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy,… more

Clean Energy, Climate Change, Energy Policy, Energy Sector, Executive Orders

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Ellie Kang

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

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

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

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Gilleun Kang

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

Key Takeaways: - The Supreme Court held that Title VII does not permit courts to impose a heightened evidentiary standard on majority-group plaintiffs alleging disparate treatment. - Some lower courts have required plaintiffs… more

Affirmative Action, Ames v Ohio Department of Youth Services, Disparate Treatment, Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

Dania Keller

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

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

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

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Stephen Kenny

USPTO Announces Revised Guidance for Determining Subject Matter Eligibility

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

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

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Rachel Kerner

SEC Expected to Shift Priorities and Adopt a More Business-Friendly Approach in 2025

This is the fourth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several… more

Artificial Intelligence, Climate Change, Cryptocurrency, Disclosure Requirements, Enforcement Actions

See all updates »

Jonathan Keselenko

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025… more

Appeals, Cannabis Products, Constitutional Challenges, Employment Litigation, Labor Relations

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Paul Kim

Recent Biden Administration Actions on Access to Medication Abortion

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

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

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Nicole Kinsley

What a Piece of Work is a Man [made piece of art] Non-humans (Still) Can’t be Authors Under the Copyright Act

Last week, the D.C. Circuit upheld the Copyright Office’s refusal to register the copyright in this image, which was created entirely by AI. This is consistent with longstanding precedent (in the US, at least) that only works… more

Algorithms, Appeals, Artificial Intelligence, Authorship, Copyright

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Stuart Knight

The Enlarged Board of Appeal of the EPO Further Aligns Claim Construction With U.S. and U.K.

Key Takeaways: - The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued its opinion in G1/24 on June 18, 2025 resolving divergent case law on how patent claims should be interpreted at the EPO. - The EBA… more

Appeals, Claim Construction, EU, European Patent Convention, European Patent Office

See all updates »

Peter Korn

Paycheck Protection Program

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

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

See all updates »

Areta Kupchyk

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

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

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

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Janine Ladislaw Ph.D.

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

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

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

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Aaron Lang

Coming Soon? Rules for Co-Locating Data Centers and Generators in PJM

Some of the biggest questions—and opportunities—facing the electric power sector in 2025 revolve around data centers and how to power them. The U.S. Department of Energy projects that the share of the nation’s electricity… more

Administrative Procedure Act, Comment Period, Data Centers, Energy Projects, Energy Sector

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John Lanza

Patents Under Lock and Key: Managing Dual Use Technology in a Globalized World

Dual use technologies are innovations that have both civilian and military applications. Notable examples include advanced semiconductors, artificial intelligence (AI), encryption software, 3D printing, chemical and biological… more

Export Controls, Innovation, Intellectual Property Protection, National Security, Patents

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Victoria (Tory) Lauterbach

FERC May 2024 Open Meeting Preview

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

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

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David Lazarus

Federal Fraud: No Harm, No Foul? Supreme Court Says “Not So”

On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for inducing… more

Construction Industry, Contract Terms, Criminal Prosecution, False Claims Act (FCA), Fraud

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Heekyoung Lee

Paycheck Protection Program Flexibility Act – Updates to the PPP

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

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

See all updates »

Jace Lee

Foley Hoag 2024 White Collar Year In Preview Series

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

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

See all updates »

Amanda Lefton

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

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

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

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Nicola Lemay

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

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

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

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Kenneth Leonetti

Silicon Valley Bank: Preparing for Monday

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

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

See all updates »

Jeffrey Lerer

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

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

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

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Alexandra Levay

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

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

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

See all updates »

Daniel Levin

Year in Preview: Review of and Insights into Investigations by the 119th Congress

This is the fifth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several… more

Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Governance, Diversity, Energy Sector

See all updates »

Harian Levy

The DOJ, SEC, Insider Trading, and Data Analysis

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

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

See all updates »

Jeffrey Lewis

The Enlarged Board of Appeal of the EPO Further Aligns Claim Construction With U.S. and U.K.

Key Takeaways: - The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued its opinion in G1/24 on June 18, 2025 resolving divergent case law on how patent claims should be interpreted at the EPO. - The EBA… more

Appeals, Claim Construction, EU, European Patent Convention, European Patent Office

See all updates »

Michael Licker

Paycheck Protection Program

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

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

See all updates »

Kevin Lin

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

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

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

See all updates »

Diana Lo

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

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

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

See all updates »

Andrew Loewenstein

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Andrew London

Supreme Court Narrows Medicaid Beneficiaries’ Right to Sue: Key Takeaways from Medina v. Planned Parenthood South Atlantic

The Supreme Court of the United States has issued a significant healthcare decision in Medina v. Planned Parenthood South Atlantic, a case which will likely have far-reaching implications for Medicaid beneficiaries and providers… more

Appeals, Beneficiaries, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Healthcare Reform

See all updates »

Rosie Loring

Foley Hoag 2024 White Collar Year In Preview Series

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

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

See all updates »

Katherine Luo

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

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

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

See all updates »

Jennifer Macarchuk

BIOSECURE Act: Industry Closely Following in the Lame Duck

Congress is back in session with a loaded agenda for the lame duck period. One of the top issues the life sciences industry is tracking is the potential passage of the BIOSECURE Act. Speaker Johnson has signaled the House will… more

Biotechnology, Congressional Committees, Grandfathering Rules, Healthcare, Lame Duck Session

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Jenevieve Maerker

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

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

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

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Richard Maidman

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

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

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

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Sarah Main

EV Roundup - June 2025

The EV industry continues to face federal regulatory and political uncertainty and now, the clock is ticking on the Inflation Reduction Act’s electric vehicle (EV) tax credits and incentives. The recently proposed House and… more

Automotive Industry, California, Charging Stations, Clean Air Act, Electric Vehicles

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Prem Malali

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

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

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

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Adrian Maraziti

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

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

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

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Ross Margulies

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

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

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

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Anna Maria Annino

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

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

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

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Benjamin Marsico

CFTC Adopts Amendments to Rule 4.7

The Commodity Futures Trading Commission (CFTC) recently adopted a final rule amending CFTC Rule 4.7. CFTC Rule 4.7 provides an exemption from certain disclosure, recordkeeping and reporting requirements for registered commodity… more

Amended Rules, CFTC, Commodities, Commodity Trading Advisors (CTAs), CPOs

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John Marston

The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

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

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

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Teresa Martland

QPAM Amendment – Action Required by Investment Managers

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

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

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Joshua Matloff

Semiconductor Technology Pilot Program Provides Opportunity to Accelerate Patent Examination

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

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

See all updates »

Sara Mattern

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

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

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

See all updates »

Silvia Mavares

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

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

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

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Camille Mayet

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. Throughout 2024, enforcement of international trade laws continued to gather pace… more

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

See all updates »

Joanna McDonough

2023 Trends in Criminal Tax Enforcement

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

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

See all updates »

Alexander McGrath

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

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

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

See all updates »

Nathanial McPherson

D.C. Circuit Holds that AI-Generated Artwork is Ineligible for Copyright Protection

Key Takeaways: - Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created… more

Artificial Intelligence, Authorship, Copyright, Copyright Litigation, Copyright Office

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Michael McQueeny

Kentucky Cannabis Marketplace Begins to Bloom

Medical cannabis in the Commonwealth of Kentucky is now legal as of January 1, 2025, with increasing opportunities for businesses and patients alike. Investors and market participants should be aware that, although cross… more

Business Ownership, Cannabis-Related Businesses (CRBs), Compliance, Investment, Investors

See all updates »

Zihan Mei

Lessons from the First Four OFAC Sanctions Enforcement Actions under the Second Trump Administration

Key Takeaways: - After a 5-month pause, OFAC recently announced four sanctions enforcement actions, making clear it is rigorously enforcing sanctions violations across a wide range of programs (including Russia, Iran, Venezuela… more

Corporate Counsel, Cuba, Economic Sanctions, Enforcement Actions, Iran

See all updates »

Jeremy Meisinger

Foley Hoag 2024 White Collar Year In Preview Series

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

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

See all updates »

Ned Melanson

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

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

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

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Earl Mellott

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

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

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

See all updates »

Matthew Miller

Year in Preview: Review of and Insights into Investigations by the 119th Congress

This is the fifth in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several… more

Congressional Investigations & Hearings, Coronavirus/COVID-19, Corporate Governance, Diversity, Energy Sector

See all updates »

Anthony Mirenda

Lessons from the First Four OFAC Sanctions Enforcement Actions under the Second Trump Administration

Key Takeaways: - After a 5-month pause, OFAC recently announced four sanctions enforcement actions, making clear it is rigorously enforcing sanctions violations across a wide range of programs (including Russia, Iran, Venezuela… more

Corporate Counsel, Cuba, Economic Sanctions, Enforcement Actions, Iran

See all updates »

Shaida Mirmazaheri

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

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

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

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Isa Mirza

As Governments Push Back on Corporate Human Rights Responsibilities, Influential Stakeholders Push Forward

In a blog article before the November 2024 election, our GBHR Practice discussed how the pushback on ESG will not stop the tide towards higher human rights standards for companies. Notwithstanding an accelerated effort this… more

Due Diligence, Environmental Social & Governance (ESG), Forced Labor, Human Rights, Multinationals

See all updates »

Pauline Montaldier

Review of International Trade Enforcement in the U.S., E.U., and UK in 2024 and What to Expect in 2025

This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. Throughout 2024, enforcement of international trade laws continued to gather pace… more

Arms Export Control Act, Bureau of Industry and Security (BIS), CFIUS, China, Compliance

See all updates »

Christopher Mosley

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

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

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

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Marissa Mugan

Federal District Court Upholds HHS Advisory Opinion Blocking Fertility Assistance Program

A recent decision from the United States District Court for the District of Columbia continues to give significant deference to the U.S. Department of Health and Human Services’ (HHS) interpretation of the Anti-Kickback and… more

Advisory Opinions, Anti-Kickback Statute, Appeals, Beneficiary Inducement, Biotechnology

See all updates »

Jeffrey Mullan

What the Transportation Sector Needs to Know About the CARES Act

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

CARES Act, Coronavirus/COVID-19, Relief Measures

See all updates »

Martin Murphy

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

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

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

See all updates »

John Murray

Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

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

Acquittals, Alstom, Appeals, Bribery, Corporate Counsel

See all updates »

Catherine Muyl

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

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

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

See all updates »

Emily Nash

DOJ Formalizes Plan to Use False Claims Act to Enforce “Civil Rights Fraud”

Key Takeaways: - The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.” - DOJ warned FCA claims could arise when a… more

Civil Rights Act, Colleges, Department of Justice (DOJ), Discrimination, Diversity and Inclusion Standards (D&I)

See all updates »

Marc Nawyn

DOL Issues Proposed Amendment to Investment Advice Fiduciary Regulation

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

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

See all updates »

Lynn Neils

Health Care Fraud Enforcement in 2024

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

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

See all updates »

Beth Neitzel

Climate Law Matters: Energy & Climate Newsletter - June 2025

In this Issue: Fusion, Federal Actions & Other Climate Hot Topics - Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy,… more

Clean Energy, Climate Change, Energy Policy, Energy Sector, Executive Orders

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Alison Neugebauer

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

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

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

See all updates »

Rosa Nunez

What Businesses Need to Know about President Trump’s Diversity, Equity, and Inclusion-related Executive Orders

On his first two days in office, President Trump issued a handful of executive orders aimed at eliminating diversity, equity, and inclusion (DEI) programs and policies within the federal government and encouraged the private… more

Anti-Discrimination Policies, Department of Justice (DOJ), Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employer Liability Issues

See all updates »

Erin Olesen

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

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

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

See all updates »

Ian Chasse Osborn

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

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

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

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Austin Ownbey

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

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

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

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Cecilia Oyediran

New York Proposes Adult-Use Rules

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

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

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Creighton Page

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

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

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

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Natalie Panariello

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

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

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

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Tina Papagiannopoulos

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

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

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

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Diana Paraguacuto-Mahéo

Recent Highlights in Aviation and Defense Arbitration

The last year has demonstrated the continued suitability of commercial and investment arbitration for dealing with complex, and simple, disputes in these crucial industries. Please see below our takeaways on some of the more… more

Arbitration, Aviation Industry, Breach of Contract, Contract Disputes, Corruption

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Mital Patel

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

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

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

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Katherine Peiffer

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

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

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

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Martin Pentz

Obligations of Insurer and Policyholder E-book

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

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

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Kenny Peralta

23andMe’s Bankruptcy Doesn’t Mean Genetic Data Will Be Improperly Disclosed

The chapter 11 bankruptcy cases of 23andMe Holding Co. and its affiliated debtors (collectively, “23andMe”), the company that provides direct-to-consumer genetic testing and ancestry services, has prompted a wave of panicked… more

23andMe, Bankruptcy Code, California Consumer Privacy Act (CCPA), Chapter 11, Consumer Privacy Rights

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Cloe Pippin

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

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

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

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Matthew Piscitelli

U.S. Department of Commerce Investigates Possible Tariffs on Pharmaceuticals: Forecasting the Impact and an Opportunity to Comment

I. Key Takeaways - - The Secretary of Commerce is investigating the effects of imports of pharmaceuticals and pharmaceutical ingredients (and their derivative products) on national security to support potential tariffs or… more

Biologics, Comment Period, Drug Pricing, Food and Drug Administration (FDA), Imports

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Alexandre Plas

State backed financial support for businesses and start ups

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

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

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Alyssa Pratt

SEC Proposes New ESG Disclosure Requirements Affecting Investment Advisers

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

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

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Brian Prewitt

New SEC FAQs Released in Response to COVID-19

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

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

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Marco Quina

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

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

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

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Luciano Racco

Lessons from the First Four OFAC Sanctions Enforcement Actions under the Second Trump Administration

Key Takeaways: - After a 5-month pause, OFAC recently announced four sanctions enforcement actions, making clear it is rigorously enforcing sanctions violations across a wide range of programs (including Russia, Iran, Venezuela… more

Corporate Counsel, Cuba, Economic Sanctions, Enforcement Actions, Iran

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Walter (Mack) Ramsden

NYSERDA Releases Draft RFP for 2025 Bulk Storage Procurement

On May 13, 2025, the New York State Energy Research and Development Authority (“NYSERDA”) released a draft Index Storage Credit Request for Proposals (ISCRFP25-1) for bulk energy storage projects (the “Draft RFP”). ISCRFP25-1… more

Batteries, Clean Energy, Comment Period, Deadlines, Energy Policy

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Natasha Reed

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

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

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

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Ryan Rourke Reed

SEC Issues Concept Release Soliciting Public Comment on Foreign Private Issuer Definition

On June 4, 2025, the SEC issued a concept release soliciting public comment on the definition of “foreign private issuer” (FPI) under U.S. securities laws. The SEC has identified potential changes to the definition that could… more

Capital Markets, Disclosure Requirements, Foreign Private Issuers, Proposed Amendments, Publicly-Traded Companies

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Seth Reiner

Ghost (Gun) Busters: Governor Healey Blocks Gun Lobby’s Attempt to Suspend Ghost Gun Ban Through Referendum Petition

On July 25, 2024, Governor Healey signed “an Act Modernizing Firearm Laws” (“Chapter 135” or the “Act”), a new comprehensive gun law that makes several key changes to existing Massachusetts’ gun laws, including banning “ghost… more

Firearms, Gun Laws, Legislative Agendas, New Regulations, Regulatory Agenda

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Veronica Renzi

Health Care Fraud Enforcement in 2025

We kick off our annual Year in Preview series with a comprehensive look at health care fraud enforcement in 2025. This post proceeds in three parts. First, we explore what the second Trump administration might bring, looking at… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement, Enforcement Actions

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Nicholas Renzler

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Erica Rice

Annual Report Filing Reminders for DE, MA and NY

This is a reminder that annual report filings are due in March 2025 for corporations formed or registered in Delaware and Massachusetts. New York biennial statements are due the last day of the calendar month in which a… more

Annual Reports, Business Entities, Corporate Taxes, Delaware, Filing Requirements

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Dean Richlin

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

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

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

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Leah Rizkallah

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

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

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

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Madeleine Rodriguez

DOJ Formalizes Plan to Use False Claims Act to Enforce “Civil Rights Fraud”

Key Takeaways: - The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.” - DOJ warned FCA claims could arise when a… more

Civil Rights Act, Colleges, Department of Justice (DOJ), Discrimination, Diversity and Inclusion Standards (D&I)

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Nicholas Romanos

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

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

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

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Tracy Roosevelt

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

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

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

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Brenna M. Rosen

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization

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Joshua Rosen

MA Files Draft RFP for 1500 MW Energy Storage DPU Requests Comments by May 30

Massachusetts recently stepped closer to its first major solicitation for long-term energy storage contracts under its new Section 83E authority. On May 5, the MA Department of Energy Resources (DOER), in partnership with the… more

Batteries, Clean Energy, Comment Period, Energy Policy, Energy Storage

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Michael Rosen

Federal Judge Blocks FTC’s Noncompete Rule Nationwide

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

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

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Peter Rosenblum

WARN Act Damages Not Subject to Massachusetts Wage Act

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

Insolvency, Wage Act, Wage and Hour, WARN Act

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Peter Ross

Taking Stock of Tariff Volatility Along the Canadian Border

On February 1, 2025, President Trump issued Executive Order 14193, “Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border,” (the “Canada Tariff EO”), rattling Northeastern policymakers and market… more

Canada, Electricity, Energy Policy, Executive Orders, FERC

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Philippe Rousseau

Recent Highlights in Aviation and Defense Arbitration

The last year has demonstrated the continued suitability of commercial and investment arbitration for dealing with complex, and simple, disputes in these crucial industries. Please see below our takeaways on some of the more… more

Arbitration, Aviation Industry, Breach of Contract, Contract Disputes, Corruption

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Sudhanshu Roy

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

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

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

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Hathaway Pease Russell

Federal Circuit Expands Scope of Liability for Divided Infringement

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

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

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Adam Safwat

Are there ways to reduce the customs value of goods and thereby reduce tariffs?

In this article, the third in our blog series on U.S. tariffs (check out the other two pieces on origination and classification), we continue to spotlight high-risk tariff practices and potential enforcement… more

Customs, Customs and Border Protection, Enforcement Actions, Fraud, Government Agencies

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Shailesh Sahay

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

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

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

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Constantinos Salonidis

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Caroline Samp

SEC Issues Concept Release Soliciting Public Comment on Foreign Private Issuer Definition

On June 4, 2025, the SEC issued a concept release soliciting public comment on the definition of “foreign private issuer” (FPI) under U.S. securities laws. The SEC has identified potential changes to the definition that could… more

Capital Markets, Disclosure Requirements, Foreign Private Issuers, Proposed Amendments, Publicly-Traded Companies

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Iain Sandford

The U.S. Court of International Trade Struck Down President Trump’s IEEPA Tariffs – What Happens Now?

After coming into office, President Donald Trump has invoked the International Emergency Economic Powers Act (“IEEPA”) to impose a series of tariffs on imports from worldwide trading partners. The President’s numerous executive… more

Appeals, Constitutional Challenges, Court of International Trade, Executive Orders, International Emergency Economic Powers Act (IEEPA)

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Brittany Saunders

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

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

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

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Robert Sawyer

Reminder: Renewal and Notice Filing Fees for Investment Advisers due by December 9, 2024

As a reminder, investment advisers who are subject to any state registration, renewal or notice filing fees must have funded their IARD accounts by December 9, 2024 in order to cover such fees (with a recommendation from IARD to… more

Deadlines, Filing Deadlines, Filing Fees, Fund Transfers, IARD

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Frédéric Scanvic

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

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

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

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Derek Schaffner

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

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

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

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Adam Schilt

CMMI Announces Medicare Dementia Care Model

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

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

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Daniel Schimmel

Report on French Arbitration Law Reform

Key Takeaways: In March 2025, the French Ministry of Justice released the report of its Working Group on modernizing French arbitration law. This is the first major reform proposal since 2011. France is a leading seat of… more

Arbitration Agreements, Arbitration Awards, Arbitrators, Dispute Resolution, France

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Jeffrey Schultz

ALJ Hearing on Rescheduling Faces Delay Over Witness Standing

The U.S. Drug Enforcement Administration (DEA) is facing a minor delay in a crucial hearing initially scheduled for December 2, 2024, regarding the rescheduling of cannabis under federal law. Chief Administrative Law Judge John… more

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

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Erik Schulwolf

FDA Finalizes Rule to Assert Authority Over Laboratory Developed Tests

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

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

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Patrick Scully

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

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

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

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Basil Seggos

Climate Law Matters: Energy & Climate Newsletter - June 2025

In this Issue: Fusion, Federal Actions & Other Climate Hot Topics - Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy,… more

Clean Energy, Climate Change, Energy Policy, Energy Sector, Executive Orders

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Ethan Severance

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

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

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

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Mary Kate Sexton

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

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

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

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Anne Seymour

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

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

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

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Noah Shaw

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental Reviews

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Review

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John Shope

Massachusetts AG Issues Broad "Junk Fee" Regulations

On Monday, March 3, 2025, Massachusetts Attorney General Andrea Campbell finalized new regulations under the Massachusetts Consumer Protection Act, Chapter 93A, restricting the use of hidden or surprise fees at the end of a… more

Advertising, Consumer Protection Laws, Contract Terms, Fees, Final Rules

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Andrew Smith

Virginia: The Road to Adult Use Cannabis Legalization

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

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

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DeAnn Smith

Federal Circuit Rejects State Sovereign Immunity Defense to Inter Partes Review

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

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

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Gare Smith

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

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

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

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Jack Smith

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization

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Rayanna Smith

SEC Adopts New Rules on Executive Compensation

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

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

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Alexander Somodevilla

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

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

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

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Ashley Bender Spirn

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

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

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

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Lexi Stacy

Massachusetts Passes Climate Bill Focused on Clean Energy and Offshore Wind

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

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

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Nancy Stade

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

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

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

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Eugene Stein

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

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

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

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Stephen Stich

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

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

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

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Steven Stranne

Healthcare Issues to Watch Following the FY2024 Spending Deal

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

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

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Peter Sullivan

PTAB Changes Procedure for Determining Discretionary Denials

Key Takeaways: - The Director, in consultation with at least three APJs, will now decide the discretionary denial question, rather than having the merits panel decide the issue. - Discretionary denial will have separate… more

Administrative Law Judge (ALJ), Administrative Procedure Act, Administrative Proceedings, Appeals, Director of the USPTO

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David Surry Ph.D.

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

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

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

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Philip Swain

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

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

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

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Devlyn Tedesco

FERC May 2024 Open Meeting Preview

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

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

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Jiun-Wen Bob Teoh

Cannabis Rescheduling Will Not Open Bankruptcy Doors

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

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

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Gaspard Terray

French Data Protection Authority Rules on Transfers of Health Data

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

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

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Shrutih Tewarie

Lessons from the First Four OFAC Sanctions Enforcement Actions under the Second Trump Administration

Key Takeaways: - After a 5-month pause, OFAC recently announced four sanctions enforcement actions, making clear it is rigorously enforcing sanctions violations across a wide range of programs (including Russia, Iran, Venezuela… more

Corporate Counsel, Cuba, Economic Sanctions, Enforcement Actions, Iran

See all updates »

Allen Thigpen

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

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

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

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Pauline Leddet-Troadec

Key Dates for the Main Environmental Legislations

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

Deadlines, EU, France, Legislative Agendas

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Diana Tsutieva

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

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

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

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Isabella Uría

The U.S. Court of International Trade Struck Down President Trump’s IEEPA Tariffs – What Happens Now?

After coming into office, President Donald Trump has invoked the International Emergency Economic Powers Act (“IEEPA”) to impose a series of tariffs on imports from worldwide trading partners. The President’s numerous executive… more

Appeals, Constitutional Challenges, Court of International Trade, Executive Orders, International Emergency Economic Powers Act (IEEPA)

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Rajesh Vallabh

USPTO Announces Revised Guidance for Determining Subject Matter Eligibility

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

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

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Benjamin Vaughan Ph.D.

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

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

Acquisitions, Batteries, Clean Energy, Electric Vehicles, Electricity

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Irene Whelan Vita

Report on French Arbitration Law Reform

Key Takeaways: In March 2025, the French Ministry of Justice released the report of its Working Group on modernizing French arbitration law. This is the first major reform proposal since 2011. France is a leading seat of… more

Arbitration Agreements, Arbitration Awards, Arbitrators, Dispute Resolution, France

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Adam Wade

Climate Law Matters: Energy & Climate Newsletter - June 2025

In this Issue: Fusion, Federal Actions & Other Climate Hot Topics - Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy,… more

Clean Energy, Climate Change, Energy Policy, Energy Sector, Executive Orders

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Donald Ware

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

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

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

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Lucas Watkins Ph.D.

Reshaped IPR Landscape: Narrower Estoppel and Fewer New Cases

Key Takeaways - - A recent Federal Circuit decision in a case involving an inter partes review (IPR) significantly narrowed a patentee’s ability to rely on estoppel to block a defendant from raising invalidity grounds. - The… more

Appeals, Estoppel, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Invalidity

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Howard Weiss

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from… more

Civil Rights Act, Colleges, Constitutional Challenges, Dear Colleague Letter, Department of Education

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Benjamin Weissman

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

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

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

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Emma Winer

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

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

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

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Lisa Wood

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

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

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

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Xianfeng Morgan Xu, Ph.D.

A Super CRISPR Week – the Week of May 12, 2025: Patent Battles, Clinical Milestones, and Next-Gen Tools

Key Takeaways: Federal Circuit Reopens CRISPR-Cas9 Priority Fight. The CAFC vacated the PTAB’s earlier ruling that UC lacked prior conception of CRISPR-Cas9 in eukaryotic cells, remanding the interference for reconsideration… more

Biotechnology, CRISPR, Intellectual Property Litigation, Intellectual Property Protection, Life Sciences

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Brooke Yates

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

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

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

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Jennifer Yoo

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

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

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

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Stephen Younger

Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

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

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

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Jeremy Younkin

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

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

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

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Jane Yu

Russia Sanctions Update - July 27, 2023

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

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

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Ayah Zaidi

SEC Issues Guidance Regarding Self-Verification of Accredited Investor Status for Rule 506(c) Offerings

On March 12, 2025, the staff of the U.S. Securities and Exchange Commission (“SEC”) issued a no-action letter clarifying that issuers relying on Rule 506(c) of Regulation D, the private offering safe harbor permitting general… more

Accredited Investors, Investment, Investors, New Guidance, No-Action Letters

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Daniel Zaleznik

Supreme Court Clarifies FSIA’s Expropriation Exception in Republic of Hungary v. Simon

Key Takeaways: The U.S. Supreme Court unanimously held that a party cannot establish the U.S. commercial nexus required to invoke the FSIA’s expropriation exception by alleging a foreign state expropriated property in violation… more

Commercial Litigation, Expropriation, Foreign Governments, Foreign Sovereign Immunities Act of 1976 (FSIA), International Jurisdiction

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Morris Zarif

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

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

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

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Colin Zick

DOJ’s “Bulk Sensitive Data Rule” is in Effect, and May Require Significant Compliance Obligations as Enforcement is Set to Begin

Pursuant to a newly effective U.S. Department of Justice (DOJ) regulation, the transfer and storage of certain sensitive U.S. government and personal data may be prohibited or restricted, depending on the intended recipient,… more

Data Privacy, Data Security, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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