Foley & Lardner LLP

Hospital Text Messaging Rules Placed on Hold by Joint Commission

The Joint Commission, which accredits hospitals and other health care organizations, hit pause on its prior May 2016 announcement to allow secure text messaging in hospitals and other health care organizations. The use of text…more
| Communications & Media Law, Consumer Protection, Health, Privacy, Science, Computers, & Technology

IRS Issues Proposed Rules on Income Inclusion under Section 50(d)(5)

The IRS just published long-awaited temporary regulations under section 1.50-1T governing the section 50(d)(5) income inclusion rules. These rules apply to lessees of investment credit property when the lessor elects to treat…more
| Energy & Utilities, Environmental Law, Finance & Banking, Real Estate - Commercial, Taxation

Dealing With Trade Secret Thieves: Strategies for Cost-Effective Settlement

Trade secret thieves are almost always an employee or business associate. They are known, generally held the trust of the business, and are perceived as traitors. The urge for retribution against such trade secret thieves can be…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

Does Your Severance Trigger ERISA? Why You Should Care and What You Should Do

Generally speaking, many employers do not think about the Employee Retirement Income Security Act (ERISA) when it comes to severance, whether at the front end, when employment agreements or policies are negotiated and planned,…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Product Safety and Liability Prevention

When companies make products that are not safe, they automatically increase their liabilities. This is not in anyone’s interest. Costs increase. Bad PR increases. Good will is lost. Insurance rates go up. And, most importantly,…more
| Consumer Protection, Products Liability, Transportation

Report Warns Providers of HIPAA Violations When Responding to Negative Online Reviews

ProPublica, a public interest investigative newsroom, recently identified more than 3,500 one-star medical reviews on Yelp in which patients complained about privacy issues. ProPublica determined that “in dozens of instances,…more
| Communications & Media Law, Health, Privacy, Science, Computers, & Technology

Could the Flying Car Finally Take Off?

Autonomous vehicles have been hailed as the solution to overcrowded roads and their impact on America’s aging infrastructure. However, recent accidents involving automated vehicles have some wondering if having less cars on the…more
| Intellectual Property, Science, Computers, & Technology, Transportation

En Banc CAFC Requires UCC Sale For On Sale Bar

In an en banc decision issued in The Medicines Company v. Hospira, Inc., the Federal Circuit determined that in order for a commercial transaction to trigger the on-sale bar of § 35 USC 102(b), it must “bear the general…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Can FDA Implement The BPCIA As The CAFC Suggested?

In Amgen v. Apotex, the Federal Circuit held that under the Biologics Price Competition and Innovation Act (“BPCIA”), “an applicant must provide a reference product sponsor with 180 days’ post-licensure notice before commercial…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Rhode Island’s New Law Requires Health Plans Cover Telemedicine Services

Rhode Island marks the 31st state to enact a telemedicine commercial reimbursement statute. The Telemedicine Coverage Act (HB 7160B) was signed into law by Rhode Island Governor Gina Raimondo on June 28, 2016, representing a…more
| Health, Insurance, Science, Computers, & Technology

Can You Identify Your Trade Dress?

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a…more
| Civil Procedure, Communications & Media Law, Intellectual Property

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on…more
| Civil Procedure, Civil Rights, Labor & Employment Law

EEOC’s Revised Proposal to Collect Pay Data Keeps Focus on Pay Discrimination Agenda

As we reported previously, enforcement of equal pay laws and remedying of pay disparities continue to be top priorities for the U.S.Equal Employment Opportunity Commission (EEOC) and U.S. Office of Federal Contract Compliance…more
| Civil Rights, Labor & Employment Law

FTC Battles Hospital Mergers: What to Watch for in this Summer’s High-Profile Appeals

In a town that is no stranger to landmark hospital merger cases, last month a Chicago federal judge denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to temporarily block a merger between…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Health, Mergers & Acquisitions

USPTO Patent Eligibility Guidance In View Of CellzDirect And Sequenom

On July 14, 2016, the USPTO issued a Memorandum to the Patent Examining Corps on patent eligibility in view of recent court decisions. The July 2016 Memorandum extracts more guidance for assessing patent eligibility from the…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology
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777 East Wisconsin Avenue
Milwaukee, WI 53202-5306, United States

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