Foley & Lardner LLP

Cybersecurity Update - July 2015

Employees are the front line of your information security defense. While technological protections are essential (for example, anti- virus software, firewalls, spam filters, etc.), none are as effective as a vigilant end user…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy

Sanofi Seeks IPR of Cabilly Patent

On July 27, 2015, Sanofi-aventis U.S. LLC and Regeneron Pharmaceuticals, Inc. filed a petition for Inter Partes Review (IPR) of the “Cabilly II” patent, U.S. Patent No. 6,331,415. The Cabilly II patent granted shortly after I…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Preventing Whistleblower Claims in the Automotive Industry

Whistleblower and retaliation claims are some of the most costly claims brought by employees and they are on the rise. OSHA, who governs complaints for over 20 whistleblower statutes, reports a 58% increase in whistleblower…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Transportation

USPTO Issues July 2015 Updated Guidance on Subject Matter Eligibility Analysis

On July 30, 2015, the United States Patent and Trademark Office (USPTO) issued updated guidance regarding subject matter eligibility analysis to address six major themes from comments received in response to the 2014 Interim…more
| Conflict of Laws, Intellectual Property

Bio/Pharma IPR Challenges Nearly Double in 2015

Newly released statistics (2015-06-30 PTAB Statistics) from the USPTO reveal that the number of bio/pharma IPR challenges almost doubled in 2015, even though fiscal year 2015 still has three months to go. Last year, there were…more
| Health, Intellectual Property, Science, Computers, & Technology

Can You File an RCE in That U.S. National Stage Application?

Since the implementation of the America Invents Act on September 16, 2012, and the Technical Corrections Act on January 14, 2013, Applicants have been able to delay submission of an executed inventors’ oath/declaration in a U.S…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

It’s Not Just the DOL That Thinks You May Have More Employees

Just last week, the DOL provided guidance about people treated as independent contractors, but who may really be your employees. That is just part of the trend. Another way you may have “extra” employees is through joint…more
| Labor & Employment Law

Someone’s Knocking: If It’s the Union, Don’t Let Them in

The National Labor Relations Act protects employee solicitation of other employees and distribution of literature to form or join a union or to engage in other “concerted” activities. However, employers have the ability to…more
| Labor & Employment Law

Michigan Storm Water Update – July 2015

The following post is provided by our guest author, Karen Lutz from TRC. Karen can be reached at klutz trcsolutions.com. What? – If you have an industrial/manufacturing facility in Michigan, and storm water runoff is…more
| Environmental Law

For-Profit PACE Programs: Harbinger of the Future?

The Program of All-Inclusive Care for the Elderly (PACE) is a benefit program provided by the federal government through the Centers for Medicare & Medicaid Services (CMS), geared toward the care of frail, elderly individuals…more
| Health

PTAB Average Time-To-Decision in IPRs May Surprise You

This post was co-authored by Foley & Lardner Summer Associate Jonathan E. Robe. Ever wonder how long it takes the PTAB to decide to institute trial? Ever have someone ask how long it will take for the Board to issue its…more
| Civil Procedure, Intellectual Property

Does Delaware’s New Telemedicine Law Foreshadow Broader Payment Parity?

Nationwide, states continue to enact laws requiring commercial health plans to cover medical services provided via telemedicine to the same extent they cover medical services provided in-person. These laws are intended to…more
| Health, Insurance, Science, Computers, & Technology

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation…more
| Consumer Protection, Privacy, Science, Computers, & Technology, Transportation

It’s Time to Rewrite Wisconsin’s Single-Party Listing Agreement

A note to the drafters of Wisconsin’s single-party listing contract: It’s time to redefine what triggers the payment of a commission under the contract after a recent decision of Wisconsin’s supreme court in Ash Park, LLC v…more
| Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential

Do I Need to Register? And Other Tips for Newly Registered Investment Advisers [Video]

Do I need to be registered as an investment adviser under the Dodd-Frank Act Amendments to Investment Advisers Act? Foley Partner Stuart Fross highlights some thoughts for advisers on that question and tips for those who answer…more
| Securities Law
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777 East Wisconsin Avenue
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