Foley & Lardner LLP

IRS Publishes New Management Contract Safe Harbors for Property Financed with Tax-Exempt Bonds

On August 22, 2016, the Internal Revenue Service (IRS) released Rev. Proc. 2016-44, which provides new guidance on the treatment of “management contracts” for purposes of the restrictions on use of property financed with…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Taxation

Do Not Overlook FLSA Duties in Light of New Salary Requirements

The upcoming change to salary requirements to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) has garnered a lot of attention. However, even with a strong emphasis on the changes to the…more
| Labor & Employment Law

Federal Circuit Affirms Tygacil Formulation Patent

In Apotex, Inc. v. Wyeth LLC, the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) finding that Apotex had failed to show that claims directed to a specific formulation of tigecycline were…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Missouri Governor Signs New Telemedicine Law

Missouri’s governor signed into law SB 579 (the “Act”), on June 8, 2016, establishing new telemedicine practice standards, including explicitly allowing a valid physician-patient relationship to be established via telemedicine…more
| Health, Science, Computers, & Technology

Ariosa Loses Verinata Patent Challenge

Fetal diagnostic pioneer Ariosa Diagnostics lost its latest attempt to invalidate competitor Verinata Health’s U.S. Patent No. 8,318,430, “Methods of Fetal Abnormality Detection.” The USPTO’s Patent Trial and Appeal Board (PTAB)…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Fired For My Firearm? I’ll Sue!

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an…more
| Labor & Employment Law

HRSA Proposes Administrative Process to Resolve Disputes Between 340B Program Covered Entities and Drug Manufacturers

Taking a step toward completing a requirement imposed by the Affordable Care Act, the federal government has proposed regulations that would create an administrative dispute resolution (“ADR”) process to resolve disputes between…more
| Administrative Law, Alternative Dispute Resolution (ADR), Health, Science, Computers, & Technology

Wisconsin Court Strikes Clause Restricting Solicitation of Employees

An engineer’s employment contract provision imposing a post-termination restriction against soliciting former co-workers to quit or to accept employment with a competitor, supplier, or customer is an unenforceable restraint of…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

EPA Publishes Final Phase 2 Rule for GHG Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles

The U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a joint set of greenhouse gas and fuel efficiency standards for new medium and heavy-duty vehicles and…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Transportation

As Consumers Flock Towards Connected Cars, The Wireless Industry Benefits

It is no secret that consumers are increasingly focused on connected cars. In a survey of consumers by Accenture, over 50% of consumers surveyed were already using some connected car services, 57% of those surveyed would like to…more
| Science, Computers, & Technology, Transportation

USPTO Sued Over December 2015 Holidays

Elm 3DS Innovations, LLC has sued the USPTO in the U.S. District Court for the Eastern District of Virginia to challenge its authority to declare that December 22-24, 2015 were “holidays” because the USPTO had experienced a…more
| Administrative Law, Intellectual Property

Construing Markush Group Claims

In Multilayer Stretch Cling Film v. Berry Plastics, the Federal Circuit provided a detailed discussion of the construction of claims that use Markush group language. The decision emphasizes the closed nature of the “consisting…more
| Civil Procedure, Intellectual Property

Getting Past “Not Horrible”: Addressing Office Bullies is Good for the Bottom Line

A Dallas jury recently awarded a verdict of more than a million dollars to a vocational nurse based upon her claims of sexual harassment and intentional infliction of emotional distress. While it appears that verdict will not…more
| Business Organizations, Civil Remedies, Civil Rights, Labor & Employment Law

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar…more
| Antitrust & Trade Regulation, Business Organizations, Civil Procedure, Civil Remedies, Electronic Discovery

Seventh Circuit Reverses Package Size Promotional Service Decision Under the Robinson-Patman Act

On August 12, 2016, the Seventh Circuit reversed the district court decision allowing Woodman’s Food Market, Inc.’s (Woodman’s) price discrimination lawsuit against The Clorox Company and The Clorox Sales Company (Clorox) to…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts
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