Foley & Lardner LLP

Federal Circuit Again Reverses PTAB Obviousness Determination

In what is becoming a familiar basis for reversal of PTAB decisions, the Federal Circuit yet again reversed the PTAB for its failure to adequately explain the basis for combining multiple prior art references in support of its…more
| Administrative Law, Civil Procedure, Intellectual Property

Federal Circuit Finds "Consisting Of" Requires Reversing Infringement Of Shire Lialda Patent

The Federal Circuit focused on the “consisting of” language in the claims at issue when it reversed the district court’s finding that Watson’s ANDA product would infringe the only Orange Book-listed Shire Lialda patent. In so…more
| Intellectual Property, Science, Computers, & Technology

EEOC Issues New Harassment Guidance

The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance crystallizing the agency’s expectation that employers be proactive in eliminating workplace harassment. The Proposed Enforcement Guidance on…more
| Civil Rights, Labor & Employment Law

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and employment…more
| Civil Rights, Commercial Law & Contracts, Government Contracting, Labor & Employment Law, Transportation

HIPAA for HR - Some Good News for Employers

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that was enacted to ensure protection of individuals’ protected health information (PHI). The Standards for Privacy of Individually…more
| Health, Labor & Employment Law, Privacy, Science, Computers, & Technology

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

FDA Hits “Pause” on Regulation of LDTs

On January 13, 2017, the U.S. Food and Drug Administration (FDA) issued a Discussion Paper on Laboratory Developed Tests (LDTs) (LDTs) (Discussion Paper). The Discussion Paper follows FDA’s late 2016 announcement that, contrary…more
| Health, Science, Computers, & Technology

White Collar Enforcement and the New Trump Administration: Your Top Ten Questions Answered

Enforcement activity under the Obama administration often made headlines for the eye-popping level of fines, with the Foreign Corrupt Practices Act (FCPA), Anti-Money Laundering (AML) regulations, and economic sanctions…more
| Business Organizations, Criminal Law, Elections & Politics, Government Contracting, International Law & Trade

Wisconsin Supreme Court Addresses Expert Testimony Under Daubert

Six years after the Wisconsin legislature amended Wis. Stat. § 907.02(1) to adopt the federal Daubert standard for admission of expert testimony, the Wisconsin Supreme Court applied the standard for the first time in a civil…more
| Civil Procedure, Science, Computers, & Technology

340B Program Omnibus Guidance Withdrawn

The Federal Office for Management and Budget has withdrawn the proposed omnibus guidance for the 340B Drug Pricing Program (previously referred to as the “Mega-Regs”), creating further uncertainty in the 340B Program. The…more
| Elections & Politics, Health, Science, Computers, & Technology

U.S. Customs and the New Trump Administration: Your Top Ten Questions Answered

During the campaign, U.S. Customs & Border Protection (CBP) was mostly mentioned by President Trump in the context of illegal immigration. Controlling the flow of people, however, is only one of the jobs of CBP, which is part of…more
| Commercial Law & Contracts, Elections & Politics, Immigration Law, International Law & Trade

Court Rejects Theory Of Derivation Based On FDA Requirement

The Federal Circuit decision in Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC may be more interesting for what Mylan argued than for what the Federal Circuit decided. However, it could be an important decision for…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

“But Our Vendor Handles Everything — How Can We Still Have Fiduciary Liability?”

As the rules governing retirement and health plans grow more complex, employers often need professional help in order to keep up with the day-to-day management of the employee benefit plans they sponsor. From third-party…more
| Business Torts, Finance & Banking, Health, Labor & Employment Law

Rand Corporation Issues Report on U.S. Blood System

“A robust, sustainable blood system is a crucial component of every health care system.” That is how Rand Corporation’s recently issued comprehensive report entitled “Toward a Sustainable Blood Supply in the United States” (the…more
| Health, Science, Computers, & Technology

2017 Antitrust Outlook – A Year of Uncertainty

We expect that this year’s antitrust outlook will continue to carry a degree of uncertainty, whether in the United States, the European Union, or elsewhere. Our next two posts will cover some of the causes of present…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Elections & Politics, Mergers & Acquisitions, Transportation
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Contact

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

  • 414.271.2400
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800+ Attorneys

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