Foley & Lardner LLP

NAFTA and the New Trump Administration: Your Top Ten Questions Answered

With the recent U.S. election finally reaching its close, the unexpected election of Mr. Trump has left many multinational companies wondering how the change in administration will impact their business operations. One of the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Elections & Politics, International Law & Trade

10 Things You Need to Know About Health Care Bankruptcies in 2017

The coming year will likely continue to be a tumultuous year for health care providers, suppliers, and payers, as they adapt to meet new challenges and market forces, particularly in light of the open questions as to the…more
| Bankruptcy, Elections & Politics, Health, Insurance

Court Blocks Overtime Rule; Employers Off the Hook on December 1 Changes (For Now)

On November 22, 2016, a federal judge in Texas issued a temporary nationwide injunction preventing the U.S. Department of Labor’s (DOL’s) overtime rule from taking effect on December 1. We discussed both the lawsuit and the…more
| Civil Remedies, Labor & Employment Law

Forecasting the Trump Administration's First 100 Days

With the 2016 election in the rearview mirror, manufacturers must be mindful of the early initiatives you can expect from Congress and the new administration. With a return to one-party rule, the coming congressional term is…more
| Consumer Protection, Elections & Politics, Energy & Utilities, International Law & Trade, Taxation

NHTSA Regulates Cell Phones?

We here at the Dashboard are fond of writing about the ongoing evolution of the automotive industry into a technology industry. It seems that the folks at the National Highway Traffic Safety Administration have been watching the…more
| Consumer Protection, Science, Computers, & Technology, Transportation

CFPB Seeks Rehearing of D.C. Circuit Panel Ruling in PHH: What Now?

The Consumer Financial Protection Bureau (Bureau) Friday filed a petition in the closely-watched PHH case, seeking to undo a ruling by a panel of judges for the D.C. Circuit Court that was highly critical of the Bureau’s…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Real Estate - Residential

Federal Attack on Non-Competes Likely Another Casualty of Election

As our readers are aware, employers can expect that the Trump administration will usher in a plethora of changes in terms of federal employment law policy and enforcement. One particular area in which the new administration may…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

Joint Employer Rule: Is Guidance on the Way?

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law. Since then,…more
| Labor & Employment Law

More Auto Companies Bet on Car-Sharing

Auto companies around the world have announced partnerships with car-sharing companies, or created their own car-sharing platforms. Toyota announced in October that it is investing in car-sharing service Getaround. Daimler…more
| Commercial Law & Contracts, Transportation

The Case of the Vanishing § 1292(b) Certification

Nothing about the Seventh Circuit’s recent per curiam decision in Kenosha Unified School District No. 1 Board of Education v. Whitaker, No. 16-8019 (7th Cir. Nov. 14, 2016), could be considered much of a mystery, but file the…more
| Civil Procedure, Civil Rights, Education

What Will Car Companies Look Like in the Future?

As we have written about before, what is an “automotive” company is changing. We have also written how companies like Uber, Lyft may disrupt the automotive industry. We have even considered what might be the focus of OEM’s going…more
| Transportation

Swearing Behind A Reference With Reasonably Continuous Diligence

In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., the Federal Circuit vacated and remanded a USPTO Patent Trial and Appeal Board decision in an Inter Partes Review proceeding, finding that the PTAB imposed too…more
| Administrative Law, Civil Procedure, Intellectual Property

The “Persuader Rule” Permanently Enjoined

As we have previously reported, in March of 2016, the Department of Labor (“DOL”) issued a reinterpretation of the Persuader Activities Rule (The “Revised Rule”). This Revised Rule required that: - employers must annually…more
| Civil Remedies, Labor & Employment Law

Florida Banks: Beware of Eleventh Circuit Decision Implications

Banks beware: At the very least in Florida, you may be liable for negligence and “aiding and abetting fraud” to non-customers for trust funds deposited by a bank customer that were obtained by the customer through fraud,…more
| Business Torts, Civil Procedure, Finance & Banking

Brexit: What’s Ahead? Let the Games Begin

This is the fourth in an ongoing series of Dashboard Insights blog posts on the implications of the June 23, 2016 voter referendum in the United Kingdom (“UK”) to exit the European Union (“EU”) (“Brexit”). Prior articles…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, International Law & Trade
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