Foley & Lardner LLP

New Federal Telemedicine Grants Announced; Florida Not Listed

The U.S. Department of Agriculture just announced new grant funding awarded to seven telemedicine and 11 distance learning projects across 16 states to use technology to expand access to health care, substance misuse treatment,…more
| Agriculture, Government Contracting, Health, Science, Computers, & Technology

EEOC Issues New Retaliation Guidance

For the first time since 1998, the Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance on retaliation. Retaliation claims have been a growth industry over the last 18 years. Back in 1998…more
| Civil Rights, Labor & Employment Law

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting chestnuts…more
| Civil Rights, Labor & Employment Law

Willfulness After Halo: Now What?

The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result of…more
| Civil Procedure, Civil Remedies, Intellectual Property

Update: Antitrust-Intellectual Property Licensing Guidelines

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property

Magistrate Judge Nixes TB Test Kit Claims

In a “Report and Recommendation on Defendants’ Joint Motion To Dismiss,” U.S. Magistrate Judge Cabell of the U.S. District Court for the District of Massachusetts determined that TB test kit claims do not satisfy the patent…more
| Intellectual Property, Science, Computers, & Technology

The EpiPen Controversy Signals Intensifying Scrutiny of Drug Classification Under Medicaid Rebate Program

Price increases threatening the availability of EpiPen® and EpiPen Jr® Auto-Injectors (“EpiPen”) have touched off the latest firestorm over drug pricing. Lost amid the public outcry, however, is a thorny regulatory issue:…more
| Elections & Politics, Health, Insurance, Science, Computers, & Technology

Questions Remain Regarding Revised NAIC Data Security Model Law

The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Task Force released its second version of the Insurance Data Security Model Law (Model) on August 17. The first version was exposed on March 3, and…more
| Insurance, Privacy, Science, Computers, & Technology

Seventh Circuit Determines that Service-of-Suit Clauses Can Waive Statutory Right of Removal

Pine Top Receivables has returned to the published opinions of the U.S. Court of Appeals for the Seventh Circuit. We previously wrote about Pine Top’s successful attempt to compel arbitration with a Uruguayan company and the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Insurance

Apotex Biosimilar Cleared Of Infringement But Pre-Marketing Notice Still Required

In what may be the first decision on the merits in a patent infringement suit brought under the Biologics Price Competition and Innovation Act (BPCIA), the U.S. District Court for Southern District of Florida has found that the…more
| Intellectual Property, Science, Computers, & Technology

Coming Up Short: When There Aren't Enough Judges Eligible To Rehear A Case En Banc

Every now and then we see something in the reported decisions of the U.S. Court of Appeals for the Seventh Circuit that seems noteworthy because we’ve never seen it before. The following is one such example. Seventh Circuit…more
| Civil Procedure

Don’t Let Zika Bug Your Employees

If you are reading this from one of the 3,141 counties in the continental United States that has not yet been affected by the Zika virus, do not turn away. There is valuable information here for employers, even if you do not…more
| Labor & Employment Law

ABA Seeks to Combat Discrimination, But Clients May Hold the Keys to Progress

We normally devote our small corner of the internet to updating you on the latest developments with the goal of helping employers do the right thing, most often from a legal compliance standpoint, but occasionally from a broader…more
| Civil Rights, Labor & Employment Law

A Compilation of Enforcement and Non-Enforcement Actions

Enforcement - AXA Prevails in Excessive Fee Trial - Beware of Failing to Properly Disclose Fees and Assess Adequate Penalties - Non-Enforcement - Business Continuity Planning - SEC Rule Designed to…more
| Business Organizations, Securities Law

DOJ and FTC Update Antitrust-Intellectual Property Licensing Guidelines

On August 12, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of…more
| Antitrust & Trade Regulation, Intellectual Property, Science, Computers, & Technology
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