Foley & Lardner LLP

But We Need You to Work More Than 40 Hours This Week! Overtime and the Health Care Employer

Hospitals and other health care facilities often do not know exactly how many hours each week they may need nurses and other allied health staff to work. Other employees may get sick, have a baby, go on vacation, or patient…more
| Civil Procedure, Labor & Employment Law, Health

Avoid Potential Traps When Updating Employment Terms in Your Key Documents

There is little debate that best practices for employers include periodically refreshing the company’s key employment documents like personnel policies, confidentiality and nondisclosure agreements. Quite often, there are…more
| Commercial Law & Contracts, Labor & Employment Law

Telecommuting — Employees Enter the Sharing Economy? (Part 2)

Last week we began delving into some of the many issues that the rise of telecommuting has caused employers to confront, ranging from jurisdictional questions to how to determine when remote employees are actually working and…more
| Labor & Employment Law, Science, Computers, & Technology

Tips for Protecting Your Company Against Cyberattacks

Cybersecurity has become, as it should, an extremely important topic on company boards’ agendas. The main question on everyone’s mind is: “How can we eliminate this problem?” The answer, unfortunately, is that you can’t. Hackers…more
| Business Organizations, Consumer Protection, Privacy, Science, Computers, & Technology

Obviousness Versus Obviousness-Type Double Patenting

In Prometheus Laboratories, Inc. v. Roxane Laboratories, Inc., the Federal Circuit affirmed the district court’s finding that Prometheus’ claims were invalid as obvious, but in so doing it cited its own precedent regarding…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Addressing Climate Change in SEC Filings and Other Public Disclosures: What These Disclosures Mean for Businesses

Regulatory agencies are focusing on required climate change-related disclosures in securities filings and other public disclosures, seeking to ensure not only that such disclosures are made, but also that they are supported by…more
| Energy & Utilities, Environmental Law, Finance & Banking, Securities Law

Payers Embracing Telemedicine Cost Savings, Ramping Up Reimbursement in 2016

Often considered the primary obstacle to telemedicine implementation, reimbursement changes are now better viewed as one of the most prominent drivers of telemedicine expansion. Payers are finally beginning to realize what many…more
| Health, Science, Computers, & Technology

NYDFS Letter: “Potential” Cybersecurity Regulations for Insurers

On November 9, 2015, the New York Department of Financial Services (NYDFS) issued a letter that describes what insurers can expect from the Department’s ongoing assessment of cybersecurity measures. The letter parallels concerns…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Privacy, Science, Computers, & Technology

FTC Case Against LabMD Dismissed Due to Lack of Harm

This past Friday the 13th was not a lucky day for the Federal Trade Commission (FTC). An Administrative Law Judge (ALJ) dismissed the FTC’s data security enforcement proceeding against LabMD on the grounds that the FTC failed to…more
| Administrative Law, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Federal Circuit Interprets Two Important Infringement Provisions

In a single decision issued for companion cases Momenta Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA Inc. and Momenta Pharmaceuticals, Inc. v Amphastar Pharmaceuticals, Inc., the Federal Circuit interpreted two important…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Florida Proposes Telemedicine Medicaid Rules

Florida’s Agency for Health Care Administration published proposed regulations regarding telemedicine-based services in the Medicaid program. The Agency is soliciting comments through November 23 and will host a public rule…more
| Health, Science, Computers, & Technology

“Better, Faster, Stronger” — Identifying and Protecting Your Competitive Differentiators

Competitive differentiators are the beneficial and unique aspects of your product or service compared to those of competitors. These qualities may provide benefits to consumers, such as a useful and unique feature, more reliable…more
| Business Organizations, Intellectual Property, Science, Computers, & Technology

Telecommuting - Employees Enter the Sharing Economy? (Part 1)

As onrushing technological changes continue to disrupt our society, the concepts of how we work and, more particularly, where we work, are not immune from that disruption. Forbes Magazine reports that 11 percent (8,000…more
| Civil Rights, Labor & Employment Law, Science, Computers, & Technology

Avoiding Non-Enforcement of Non-Competes

The use of non-competition agreements to protect a company’s relationships and sensitive information is a relatively common practice. What can be less common, however, is careful use of non-competition agreements, with the…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Who Owns the Patent?: The Validity of Automatic Assignment Provisions

The U.S. Court of Appeals for the Federal Circuit is currently considering a petition for en banc rehearing of the “automatic patent assignment” rule announced in the Court’s 1991 decision in FilmTec Corp. v. Allied-Signal, Inc…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Intellectual Property
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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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