Foley & Lardner LLP

CMS Proposes Major Update to Medicaid Managed Care Regulations

The Centers for Medicare and Medicaid Services (“CMS”) released, on May 26, 2015, the a far-ranging proposal for revising the Medicaid managed care regulations (“Proposed Rule”). The number of individuals enrolled in Medicaid…more
| Health

Dependent Claims Give Rise to Improper Broadening Reissue

In ArcelorMittal France v. AK Steel Corp., the Federal Circuit found that the addition of a dependent claim to a reissue application improperly broadened the scope of the original independent claims beyond the two-year period…more
| Civil Procedure, Intellectual Property

Knowingly or Not? When Does an Employee Agree to Arbitrate?

There was a time, not so long ago, when federal courts refused to enforce arbitration agreements in Title VII cases, rendering arbitration agreements in the employment context virtually meaningless. Then, in 1991, Congress…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Blue Pill/Red Pill: How Officers and Board Members Can Swallow the Red Pill and See the Real World of Cybersecurity

Trying to understand how a hacker thinks can twist your brain around – while you normally think about how to make something work or why something is not working, hackers think how to get something to work in ways that it is not…more
| Business Organizations, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Malcolm Gladwell Re-Thinks Automotive Safety in "The New Yorker"

Recent high-profile product liability lawsuits against automotive manufacturers have captured national attention. These cases have led to a renewed and heightened focus on automotive safety and, specifically, the guidelines and…more
| Consumer Protection, Products Liability

An Update on 21st Century Cures Legislation

Last week the Personalized Medicine Coalition held its 11th Annual State of Personalized Medicine luncheon in Washington, D.C. U.S. Representative Michael Burgess, a member of the House Energy and Commerce Committee (Committee)…more
| Elections & Politics, Health

Florida Passes Law Requiring Contact Information on Websites

On May 21, 2015, Florida Governor Rick Scott signed the True Origin of Digital Goods Act with bipartisan support in both the United States House of Representatives (House) and Senate. The law requires companies with websites and…more
| Art, Entertainment, & Sports Law, Communications & Media Law

Is It Time to Switch Gears? Enforceability of Automotive Company Employee Confidentiality Restrictions

Given the large workforces and importance of intellectual property and trade secrets in the automotive industry, automotive companies rely heavily on confidentiality provisions in employment agreements and employee handbooks…more
| Administrative Law, Commercial Law & Contracts, Labor & Employment Law, Intellectual Property, Securities Law

Shaking Down the Thunder From the Sky: Part 2 of Notre Dame's Challenge to the Contraception Mandate

For the second time in as many years, the Seventh Circuit has declined to grant Notre Dame’s request for an injunction exempting the university from the contraception requirements of the Affordable Care Act. As was true back in…more
| Civil Procedure, Education, Labor & Employment Law, Health

Patent Safe Harbor Applies to Supplemental New Drug Applications

On May 13, 2015, the Federal Circuit confirmed in Classen Immunotherapies, Inc. v. Elan Pharmaceuticals, Inc. that the safe harbor provisions of 35 U.S.C. § 271(e)(1) can shield post-FDA approval activities from liability for…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

China Proposes New Restriction of Hazardous Substance (“RoHS”) Requirements for Electronics Manufacturers

Do you manufacture electrical and electronic products, parts or components? Do you manage manufacturing design for such products? Do you oversee Chinese suppliers manufacturing such products? If so, you need to follow…more
| Commercial Law & Contracts, Environmental Law, Science, Computers, & Technology

ONC Releases Updated Guide to Privacy and Security of Electronic Health Information

The Office of the National Coordinator for Health Information Technology (“ONC”) of the U.S. Department of Health and Human Services (“HHS”) recently released Version 2.0 of the Guide to Privacy and Security of Electronic Health…more
| Administrative Law, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Insurer Wrongfully Passed Sequestration Cuts Through to Providers

A Pennsylvania judge found, on May 6, 2015, that a Medicare Advantage Plan had no right under its participation agreements to pass CMS sequestration reductions through to participating providers. Judge R. Stanton Wettick Jr. in…more
| Civil Procedure, Elections & Politics, Health

Transgender and Sexual Orientation Anti-Discrimination Protections — Maybe not yet the Law of the Land, but Your Policies Better Include Them

Though most Americans do not seem to realize it, anti-discrimination legal protections in employment for transgender, gay, bisexual, and lesbian (LGBT) employees are not uniform across the U.S. In fact, the federal Employment…more
| Civil Rights, Labor & Employment Law

Federal Circuit Finds No Direct Infringement of Akamai Patents

The Federal Circuit issued its remand decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., this time affirming the district court decision that Limelight was not liable for infringing Akamai’s patents because…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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Contact

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

  • 414.271.2400
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Areas of Practice
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800+ Attorneys

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