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OIG issues additional guidance to healthcare boards regarding compliance efforts and oversight

The Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services, together with leading legal, audit and compliance collaborators, recently issued the fourth in a series of publications providing practical…more

SEC Proposes New Pay-Versus-Performance Disclosure Rules

On April 29, 2015, the Securities and Exchange Commission (the “SEC”) proposed new rules that would require most publicly traded companies to describe in detail the relationship between their financial performance and their executive…more

EPA Defines “Waters of the United States”. The Sky Has Not Fallen.

Yesterday, EPA and the Army Corps finally released their long-awaited rule defining “waters of the United States.” I’m actually with EPA and the Corps on this one. It’s an important rule, and I’m glad that EPA and the Corps did…more

Supreme Court Expands Scope of Fiduciary Liability

In Tibble v. Edison International, the U.S. Supreme Court expanded the scope of the duty of prudence owed by ERISA fiduciaries. Although ostensibly a case about the statute of limitations, the Court ruled that trustees of ERISA plans…more

Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo

On May 27, EPA and the U.S. Army Corps of Engineers jointly issued their long-expected and much-debated rule defining which waters are protected by the federal Clean Water Act (CWA). In announcing the rule, President Obama said that it…more

EPA and U.S. Army Corps of Engineers Approve New Definition of "Waters of the United States"

The U.S. EPA and the U.S. Army Corps of Engineers announced today that they have jointly approved a new definition of the key term "waters of the United States," a term that defines the limits of federal jurisdiction over surface…more

Top Three Risks Associated With Implementation of an "Unlimited" Vacation Policy and How to Mitigate Them

“Unlimited” vacation (or otherwise known as nonaccrual of vacation) policies can provide a benefit with appeal to both employers and employees. For employers, providing an “unlimited” vacation benefit can alleviate some of the…more

Senate Subcommittee To Hold June 2 Hearing on Lifeline

In advance of the FCC’s expected adoption on June 18 of a new order and further notice of proposed rulemaking proposing further changes in the Lifeline program, the U.S. Senate’s Subcommittee on Communications, Technology, Innovation…more

Damage Control: After an Insider Breach

In the immediate aftermath of a major security or data breach companies should re-evaluate their risk management systems. In a previous post on insider threats, we outline what a company can do to prevent risks associated with…more

Delaware Chancery Awards Attorneys’ Fees Without Finding Damages

In In re Nine Systems Corporation Shareholders Litigation, the Delaware Court of Chancery awarded the plaintiff attorneys’ fees even though the court previously declined to award plaintiff damages for the defendants’ breach of duty of…more

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data about data" in…more

OPC’s New Priorities – Commissioner Therrien Provides an Overview

On May 28, 2015 Daniel Therrien, Canada’s Federal Privacy Commissioner, previewed the OPC’s priorities for attendees of the International Association of Privacy Professionals (IAPP) Canada Privacy Symposium. These priorities were…more

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Contributor Spotlight

Foley Hoag has perhaps the largest environmental litigation and dispute resolution practice in New England. And, through service to our clients, we have attained a national reputation in environmental…

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