The 340B Drug Pricing Program continues to provide critical support for covered entities, although the program is subject to ongoing scrutiny and congressional, judicial, and industry pressures. Certain key guidance documents…
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/ Administrative Law, Health, Insurance
Analysis by Julie Dautermann, Competitive Intelligence Analyst -
Foley is here to help you through all aspects of rethinking your long-term business strategies, investments, partnerships, and technology…
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/ Energy & Utilities, Environmental Law, International Law & Trade, Science, Computers, & Technology, Transportation
Tasty Baking Company (“Tasty”), a manufacturer of prepackaged goods, terminated Distefano, Inc. (“Distefano”), Maryland-based owner of a franchise with rights to sell Tasty products in a prescribed area called a “route.” Tasty…
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/ Commercial Law & Contracts, Franchise Law
On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a consumer…
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/ Civil Procedure, Consumer Protection
The Los Angeles County Fair Chance Ordinance for Employers (FCOE), which took effect on September 3, 2024, imposes several new compliance requirements regarding the consideration of criminal history in employment decisions…
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/ Administrative Law, Criminal Law, Labor & Employment Law
Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this…
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/ Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law
Last week, in Osseo Imaging, LLC v. Planmeca USA Inc., No. 2023-1627 (Fed. Cir. Sept. 4, 2024), the Federal Circuit held that “[a]n expert need not have acquired the skill level prior to the time of the invention to be able to…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
As the manufacturing sector continues to embrace the hyper-connected era of Smart Manufacturing, known as Industry 4.0, more and more organizations are integrating advanced automation, artificial intelligence (AI), the Internet…
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/ Business Organizations, Intellectual Property, Science, Computers, & Technology
Since the passage of the California Consumer Privacy Act (CCPA) in 2018, other U.S. states have followed suit by enacting comprehensive consumer data privacy laws in rapid succession. While these state consumer privacy laws tend…
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/ Consumer Protection, Privacy
The Mayo/Alice framework for determining subject matter eligibility of patents under 35 U.S.C. §101 has long since antagonized both patent prosecutors and litigators alike, causing significant uncertainty in the realm of…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Many Americans value domestically made goods. A “Made in USA” label can hold special meaning for these consumers, as it serves as a symbol of patriotism, a sign of quality craftsmanship, and a show of solidarity with local…
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/ Business Organizations, Business Torts, Consumer Protection, International Law & Trade
Earlier this year, the Department of Labor (DOL) updated the prohibited transaction exemption for Qualified Professional Asset Managers, often referred to as the “QPAM exemption.” Included in the update is a new requirement that…
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/ Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law
Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.
The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology…
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/ Government Contracting, International Law & Trade, Science, Computers, & Technology
The California legislature recently passed a bill targeting private equity and hedge fund transactions with health care providers. If signed into law, AB 3129 will require a private equity group or hedge fund to notify and…
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/ Business Organizations, Health
A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise…
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/ Commercial Law & Contracts, Franchise Law
