Foley & Lardner LLP

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

  • 414.271.2400
  • 414.297.4900

Update on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting

On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose University…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

A Busy Year for NHTSA Enforcement and Rulemaking

This promises to be one of NHTSA’s busiest years for enforcement and rulemaking activity. NHTSA is expected to continue its aggressive enforcement, sparked by GM’s massive ignition switch recall and the flood of follow-on…more
| Administrative Law, Commercial Law & Contracts, Products Liability

Factoryless Goods Producers May Be as Hypothetical as Their Domestic Factories

Recently, the Office of Management and Budget (“OMB”) has considered a controversial new federal classification: “Factoryless Goods Producers” (“FGP”). FGP recognizes that a significant portion of the American workforce is…more
| Commercial Law & Contracts, International Law & Trade

7th Circuit Confirms That “Sorry for Partying” Is Fair Use; Questions Transformative Use Test

In 1969, while a student at the University of Wisconsin-Madison, Paul Soglin was arrested at the first Mifflin Street Block Party, a student protest of the Vietnam War. Over forty years later when that same Paul Soglin (now as…more
| Intellectual Property

The Creeping Union Part II: Why You Should Start Planning Now

In our last post, we summarized the 2011 Specialty Healthcare decision and the potential for the NLRB to recognize an unduly burdensome number of smaller collective bargaining units. So far, cases interpreting Specialty…more
| Labor & Employment Law, Health

China Issues New Telemedicine Opinions for China and Foreign-Based Providers

Telemedicine providers and vendors doing business in China, whether based in China, the United States, or elsewhere, received new guidance on the use of telemedicine in China…more
| Health, International Law & Trade, Science, Computers, & Technology

SEC Charges Insiders for Violations of Section 16(a) and Section 13

On September 10, 2014, the Securities and Exchange Commission announced charges against 28 officers, directors, and major shareholders for violating federal securities laws requiring them to report information about their…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Wisconsin's Voter-ID Case Provides a Lesson in Interim Relief

In recent weeks, several high-profile cases involving Wisconsin public policy have come before the Seventh Circuit. In many instances, these cases have provided not only insights on the federal judicial system for the general…more
| Civil Procedure, Civil Remedies, Constitutional Law, Elections & Politics

Court Finds Patent Indefiniteness In Unobtrusive Claims

In Interval Licensing LLC v. AOL, Inc., the Federal Circuit applied the test for patent indefiniteness set forth in the recent Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, and found that claims reciting an…more
| Intellectual Property, Science, Computers, & Technology

Unlocking the Promise of Personalized Medicine: Reimbursement, Coverage, and Clinical Utility

AmerisourceBergen, in connection with the Business of Personalized Medicine Summit, released “Unlocking the Promise of Personalized Medicine: Perspectives on Reimbursement, Coverage, and Clinical Utility” (“Report“). The Report…more
| Health

Best Practices in Drafting U.S. Government Subcontract Terms and Conditions

Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition…more
| Commercial Law & Contracts, Government Contracting

The Creeping Union Part I: Could a “Micro-Union” Happen to You?

Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB)…more
| Labor & Employment Law, Health

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications. This…more
| Civil Rights, Labor & Employment Law

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that adds…more
| Civil Rights, Labor & Employment Law

Wisconsin Supreme Court 2013-2014 Term Summary Part 1: By the Numbers

The Court’s Caseload. In 2013-14, the court released 61 merits opinions (i.e., not OLR decisions, decisions on reconsideration, dismissals as improvidently granted, or affirmances by an equally divided court). This opinion total…more
| Civil Procedure
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