Foley & Lardner LLP

777 East Wisconsin Avenue
Milwaukee, WI 53202-5306, United States

  • 414.271.2400
  • 414.297.4900

CFPB to Shine Spotlight on Mini-Correspondent Mortgage Lending?

On July 9, 2014, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued Policy Guidance on the issue of Mortgage Brokers Transitioning to Mini-Correspondent Lenders (“Policy Guidance”), which highlights risks and…more
| Finance & Banking, Consumer Protection, Real Estate - Residential

How Long Is Too Long (or Too Short) for Patent Application Pendency?

The USPTO is requesting input on the “optimal” targets for its patent application pendency metrics. The USPTO’s current targets are 10 months to a first Office Action and 20 months to grant or abandonment. The USPTO wants to…more
| Civil Procedure, Intellectual Property

Iowa Supreme Court Decision Boosts Renewable Energy Development

A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision),…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law

CFPB Proposes Public Disclosure of Consumer Complaint Narratives

Will the CFPB start disclosing consumers’ gripes and rants? Would it provide endless hours of salacious reading, like complaints posted on popular online review sites like Yelp and Angie’s List? Could it become a platform for…more
| Finance & Banking, Consumer Protection

CFPB Expands Its Enforcement Efforts Against Payday Lending

In November, 2013, the Consumer Financial Protection Bureau announced its first enforcement action against a payday lender. Cash America International was fined $5 million and was ordered to refund $14 million to its borrowers…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection

More Changes in Delaware: Judge Stark Revises Patent Case Procedures

Chief Judge Leonard P. Stark of the District of Delaware recently issued revised procedures for managing patent cases that are assigned to him. These revised procedures affect nearly every aspect of a case including scheduling,…more
| Civil Procedure, Intellectual Property

Wis. Supreme Court Accepts New Case: When Are Covenants Not to Compete Illusory for At-Will Employees?

Last month, the Wisconsin Supreme Court accepted the Court of Appeals’ certification in Runzheimer Int’l, Ltd. v. Friedlen, No. 13AP1392 (Apr. 15, 2014). The intermediate appellate court had certified the following question: “Is…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Take Care to Avoid Reverse Discrimination Claims

Most discrimination cases involve claims that an employer discriminated against a minority employee on account of race, against a foreign employee based on national origin, or against a woman on account of gender. A recent case…more
| Civil Rights, Labor & Employment Law

Why Are Method of Treatment Claims and Method of Manufacture Claims Subject to Scrutiny Under the USPTO Patent Subject Matter Eligibility Guidance?

The USPTO has asked for written comments on its patent subject matter eligibility guidance by July 31, 2014. In this article, I discuss why therapeutic method claims and method of manufacture claims should not be subject to…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

NLRB Fallout From President’s Unconstitutional Recess Appointments Continues

As we noted when the decision was released, the Supreme Court ruled unanimously that the President’s 2012 recess appointments to the National Labor Relations Board were unconstitutional. Two weeks later, the developments from…more
| Civil Procedure, Constitutional Law, Elections & Politics, Labor & Employment Law

The Doctrine of Equitable Assignment is Alive and Well in Wisconsin

That was the holding of the Wisconsin Supreme Court in an opinion issued on Thursday in Dow Family, LLC v. PHH Mortgage Corporation, 2014 WI 56. The facts of the case are similar to thousands of foreclosure cases prosecuted in…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

A Jurisdictional Twist: 7th Cir. Holds That District Court Had Supplemental Jurisdiction Over Federal Claim and Original Jurisdiction Over State Claim

There’s nothing inherently unique about the substantive issues in Burzlaff v. Thoroughbred Motorsports, Inc., No. 13-2520 (July 10, 2014), a decision released yesterday by the Seventh Circuit. The plaintiff, Ronald Burzlaff,…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws

WTO Rules U.S. Countervailing Duties on Solar Panels Violate Global Trade Rules

The World Trade Organization (WTO) ruled Monday that U.S. countervailing duties imposed on a range of Chinese products, including solar panels, violated global trade rules by imposing punitive import duties…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

Federal Contractor Section 503 and VEVRAA Compliance Solution

Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners. The federal government spends more than $500…more
| Civil Rights, Labor & Employment Law, Government Contracting

SEC's MCDC Initiative - The Clock is Ticking

Not-for-profit health care providers that have borrowed on a tax-exempt basis within the last five years should be aware of the Securities and Exchange Commission’s (SEC) Municipalities Continuing Disclosure Cooperation (“MCDC”)…more
| Finance & Banking, Health, Securities Law, Nonprofit Law
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