Foley Hoag LLP

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Seaport West
155 Seaport Boulevard
Boston, MA 02210, United States
Contact: Audra Callanan
Phone: 617-832-1000
Fax: 617-832-7000
Practice Groups
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
See more
Locations
Other U.S. Locations
  • D.C.
  • Massachusetts
Other Countries
  • France
Number of Attorneys
100+ Attorneys

SEC Report on ICOs and Token Sales – “If It Sounds Too Good to be True…”

On July 25, 2017, the SEC issued an investigative report to advise those who have used or may consider using a virtual organization or capital raising entity that uses distributed ledger or blockchain technology to facilitate…more

Capital Raising, Initial Coin Offering (ICOs), SEC, Token Sales

See all updates »

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - Sept 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a new report from the U.N. Working Group on Business and Human Rights;…more

Brazil, Corporate Social Responsibility, Forced Labor, Human Rights, National Action Plan

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DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractors

On June 7, 2017, the United States Department of Labor (“DOL”) announced that it is withdrawing the prior Administration’s guidance on joint employment and independent contractors. The Obama Administration had issued…more

Administrative Interpretation, DOL, FLSA, Independent Contractors, Joint Employers

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TIC Form SHC 5-Year Benchmark Survey of U.S. Ownership of Foreign Securities Due March 3, 2017

Investment advisers are reminded to review their filing obligations under the TIC Form SHC as reporting on this 5-year benchmark survey is due on March 3, 2017. The survey collects information on holdings by U.S. residents…more

Filing Requirements, Foreign Securities, Form SHC, Investment Adviser

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Quarterly Review of Seed, Series A and Series B/Later Round Financings: First Quarter 2015

The Numbers - Venture financing activity in New England decreased modestly in the first quarter of 2015 (-12%) with Seed and B/ Later round activity each decreasing by roughly 20% over Q4 2014. Despite this overall downward…more

Business Valuations, Clean Tech, Emerging Technology Companies, Life Sciences, Seed Financing

See all updates »

Considerations for the Acquisition of a Non-U.S. Company by a U.S. Public Company

When it is time to sell a company, there are a number of financial and legal steps a business should consider to ready itself for a merger or acquisition. When the potential buyer is a U.S. public company, that list may get…more

Accounting, Acquisitions, Conflict Mineral Rules, Disclosure Requirements, Export Controls

See all updates »

Brainstorm: FTC Continues Enforcement Trend Against Cognitive Function Claims

Continuing its trend of scrutinizing claims touting improved cognitive function, the Federal Trade Commission recently announced a settlement with LearningRx Franchise Corp. (“LFC”), the developer and franchisor of a chain of…more

Enforcement Actions, False Advertising, FTC, Scientific Evidence, Settlement

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Second Circuit Issues Landmark Decision Limiting Insider Trading Liability of "Remote Tippees"

On December 10, 2014, the Second Circuit Court of Appeals in New York reversed a set of insider trading convictions and reined in government prosecutions of insider traders who are outside the company in which stock is traded…more

Hedge Funds, Illegal Tipping, Insider Trading, Material Nonpublic Information, Personal Benefit

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Massachusetts SJC Extends Job Protections to Medical Marijuana Users

In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim of…more

Disability Discrimination, Drug Testing, Drug-Free Workplace Act, Hiring & Firing, Medical Marijuana

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New Massachusetts Employer Assessment Intended to Deter MassHealth Enrollment

Since the beginning of this year’s legislative session, Governor Baker has expressed concern over the growth in enrollment in MassHealth, the state’s Medicaid program. A look at the numbers explains why. Prior to the enactment…more

Affordable Care Act, Employer Liability Issues, Health Insurance, Medicaid

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ERISA Fiduciaries May Factor Climate Change Issues Into Economic Analysis of Investments

New guidance from the US Department of Labor (“DOL”) clarifies the role of environmental, social and governance issues (referred to as “ESG factors”) in investment decisions by ERISA fiduciaries. ERISA Interpretive Bulletin…more

Climate Change, DOL, ERISA, Fiduciary Duty, Investment Portfolios

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Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in a…more

Article III, Cause of Action Accrual, Credit Reports, Data Breach, FCRA

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Eversource Proposes Rate Increases and $400 Million in Grid Modernization Investments

On January 17, 2017, Eversource Energy filed a petition with the Massachusetts Department of Public Utilities (DPU) that would increase base distribution rates for its 1.4 million electricity customers across the Commonwealth. …more

Charging Stations, Electric Vehicles, Electricity, Energy Storage, Public Utility

See all updates »

Delaware Chancery Court Concludes Indemnification and Other Provisions of a Merger Agreement Are Not Enforceable Against Non-Consenting Stockholders

In November, the Delaware Court of Chancery issued a decision that raises troubling questions about commonly used techniques in private company acquisitions and that, if not modified on appeal or through legislation, could alter…more

CIGNA, Delaware General Corporation Law, Indemnification Clauses, Merger Agreements, Purchase Price

See all updates »

Trinity Wall Street v. Wal-Mart Stores, Inc. - “Lawyers, Guns and Money”

On July 6, 2015 the Third Circuit Court of Appeals issued its eagerly awaited opinion in Trinity Wall Street v. Wal-Mart Stores, Inc., addressing the question of what constitutes a company’s ordinary business operations and thus…more

Appeals, Board of Directors, Ordinary Course of Business Defense, Proxy Materials, Shareholder Proposals

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New Nasdaq Rule Requires Disclosure of Third Party Compensation of Directors and Nominees

Effective August 1, 2016, companies listed on Nasdaq are subject to a new rule requiring annual disclosure of the material terms of agreements or arrangements between directors or director nominees and third parties that relate…more

Board of Directors, Compensation Agreements, Disclosure Requirements, Exceptions, Executive Compensation

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“Gossip Cop” Held To Willfully Infringe Copyrighted Photos

In BWP Media USA v. Gossip Cop Media, a case sure to bring cheer to paparazzi and tabloid publishers everywhere, a judge in the Southern District of New York has found after a bench trial that a gossip website willfully…more

Attorney's Fees, Celebrities, Copyright Infringement, Fair Use, Photographs

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We’ll Always Have RGGI: Paris or no Paris, New England Continues to Lead on Greenhouse Gas Emission Reductions

August 23, 2017, Massachusetts and the eight other New England and Mid-Atlantic states that participate in the Regional Greenhouse Gas Initiative announced a proposed plan for the continued implementation of RGGI (the region’s…more

Climate Change, Greenhouse Gas Emissions, RGGI

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Considerations for the Acquisition of a Non-U.S. Company by a U.S. Public Company

When it is time to sell a company, there are a number of financial and legal steps a business should consider to ready itself for a merger or acquisition. When the potential buyer is a U.S. public company, that list may get…more

Accounting, Acquisitions, Conflict Mineral Rules, Disclosure Requirements, Export Controls

See all updates »

Supreme Court Limits Patent Owners’ Ability to Control Post-Sale Use of Patented Products

The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International. The decision, which overturns longstanding Federal Circuit precedent, curtails…more

Breach of Contract, Exports, Foreign Sales, Imports, Impression Products v Lexmark International

See all updates »

SEC Radically Revamps Regulation A - Part 1

Eligibility and Offering Size - For many years, SEC Regulation A languished as an exemption from registration that nobody really used. Although securities issued in a Regulation A offering are not “restricted securities”…more

Accredited Investors, Crowdfunding, JOBS Act, Private Equity, Private Offerings

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Cyber Insurance: Prevalent But By No Means Ubiquitous

A recent survey from the credit score company FICO has some interesting numbers on the prevalence of cyber insurance in the US. ..50% of US companies have no cyber insurance. ..74% of US healthcare companies have no cyber…more

Cyber Insurance, Risk Management, Surveys

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Attorneys General Continue to Battle the Trump Administration Over Environmental Regulations

Democratic Attorneys General have continued their efforts to combat the Trump administration’s attempts to roll back environmental regulations developed under the Obama administration in two recent actions. Thirteen AGs,…more

Attorney Generals, Climate Change, Environmental Policies, Greenhouse Gas Emissions, Trump Administration

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Summary: Oncology Care Model

Centers for Medicare & Medicaid Services - Overview - On June 29, 2016, the Center for Medicare and Medicaid Innovation (CMMI or the Innovation Center) formally launched the Oncology Care Model (OCM) at the Cancer…more

CMMI, CMS, HHS, Medicaid, Medicare

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General Data Protection Regulation: What It Means For US Healthcare/Life Science Companies (Part Three)

Even though the GDPR is a general regulation, some provisions are expressly addressing the specificities of the processing of personal data in the healthcare/life science sectors…more

Data Protection, EU, EU Data Protection Laws, EU-US Privacy Shield, General Data Protection Regulation (GDPR)

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Cayman Islands FATCA/CRS Deadlines Extended Further

On July 19, 2017, the Cayman Islands announced another extension of the filing deadline for 2016 FATCA and Common Reporting Standard (CRS) reports to August 31, 2017. The deadline for notification (registration) remains…more

Cayman Islands, Common Reporting Standard (CRS), FATCA, Filing Deadlines, Financial Institutions

See all updates »

Massachusetts Legislation Proposes Cost Disclosures and Price Caps for Prescription Drugs

The Massachusetts Legislature is currently considering Senate Bill 1048, “An Act to Promote Transparency and Cost Control of Pharmaceutical Drug Prices.” The bill, sponsored by State Senator Mark Montigny, Vice Chair of the…more

Disclosure Requirements, Healthcare, Pending Legislation, Pharmaceutical Industry, Prescription Drugs

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Latest Amendments to Delaware Law Revise Appraisal Rights

Effective August 1, 2016, the appraisal rights of dissenting stockholders in mergers and certain other transactions under the Delaware General Corporation Law (DGCL) have been modified in two principal respects..…more

Appraisal Rights, Corporate Counsel, Delaware General Corporation Law, Dissenters Rights, Mergers

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Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This closely-watched…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

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What Did the Court Really Say About Patent Eligibility?

Implications of Alice v. CLS Bank - Late last week, the United States Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al., a case the technology community had hoped would clarify what kinds of software…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation

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Cybersecurity 2017: The Year in Preview

Introduction - Cybersecurity was a prominent factor in 2016 in all aspects of government, business and personal affairs. Russian and other foreign national hacking has the potential to spark a new form of cold (cyber)war…more

Cloud Computing, Cloud Service Providers (CSPs), Cyber Attacks, Cyber Threats, Cybersecurity

See all updates »

SEC Report on ICOs and Token Sales – “If It Sounds Too Good to be True…”

On July 25, 2017, the SEC issued an investigative report to advise those who have used or may consider using a virtual organization or capital raising entity that uses distributed ledger or blockchain technology to facilitate…more

Capital Raising, Initial Coin Offering (ICOs), SEC, Token Sales

See all updates »

DOL Provides Temporary Enforcement Relief on Fiduciary Rule

The U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (FAB 2017-01) on Friday, March 10, 2017 to address near-term compliance concerns relating to a proposed 60-day delay of the Fiduciary Rule. As previously…more

Delays, DOL, Fiduciary Rule, Implementation Day

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Cybersecurity 2017: The Year in Preview

Introduction - Cybersecurity was a prominent factor in 2016 in all aspects of government, business and personal affairs. Russian and other foreign national hacking has the potential to spark a new form of cold (cyber)war…more

Cloud Computing, Cloud Service Providers (CSPs), Cyber Attacks, Cyber Threats, Cybersecurity

See all updates »

Important Dates and Reminders for Investment Advisers, Exempt Reporting Advisers, Commodity Trading Advisors and Commodity Pool Operators - 2017

Investment Advisers - Annual Compliance Reviews - All investment advisers registered with the Securities and Exchange Commission (“SEC”) or The Commonwealth of Massachusetts are required to review their compliance…more

Bad Actors, CFTC, Commodity Pool, Confidentiality Policies, Cybersecurity

See all updates »

Eversource Proposes Rate Increases and $400 Million in Grid Modernization Investments

On January 17, 2017, Eversource Energy filed a petition with the Massachusetts Department of Public Utilities (DPU) that would increase base distribution rates for its 1.4 million electricity customers across the Commonwealth. …more

Charging Stations, Electric Vehicles, Electricity, Energy Storage, Public Utility

See all updates »

FICA Tax “Holiday” Ends With 2012, and Social Security and Medicare Contributions Increase For Some Employees

On January 1, 2013, Congress approved the American Taxpayer Relief Act of 2012, the bill designed to avert the so-called “fiscal cliff.” The Act, which President Obama signed into law yesterday, extended certain tax relief…more

Affordable Care Act, American Taxpayer Relief Act, FICA Taxes, Fiscal Cliff, Medicare Taxes

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The Massachusetts Securities Division Settlement with Citigroup: What Does It Mean?

A recent Massachusetts Securities Division $30 million settlement with Citigroup Global Markets Inc. (“CGMI”) provides a public glimpse into a less-widely known form of non-public information – a research analyst’s preview of…more

Apple, Broker-Dealer, Citigroup, Financial Analysts, Hedge Funds

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Quarterly Review of Seed, Series A and Series B/Later Round Financings: First Quarter 2015

The Numbers - Venture financing activity in New England decreased modestly in the first quarter of 2015 (-12%) with Seed and B/ Later round activity each decreasing by roughly 20% over Q4 2014. Despite this overall downward…more

Business Valuations, Clean Tech, Emerging Technology Companies, Life Sciences, Seed Financing

See all updates »

Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous…more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, SCOTUS

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Massachusetts Nonprofit Annual Reports Due November 1, 2013

As a reminder, nonprofit organizations incorporated or operating in The Commonwealth of Massachusetts have until Friday, November 1, 2013 to file their annual reports with the Secretary of the Commonwealth. Nonprofit annual…more

Annual Reports, Non-Profits, Reporting Requirements

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Be Careful With Pollution Insurance Coverage Disclosures – How Conditions Actually Disclosed Were Deemed Not Disclosed

A Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them. In Market Forge Industries, Inc. v. Indian Harbor Insurance Company, the Appeals Court of…more

Discharge of Pollutants, Disclosure Requirements, Pollution Liability Insurance

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EEOC’s Collection of Pay Data Delayed

On Tuesday, August 29, 2017, the White House Office of Management and Budget (OMB) initiated a review of the EEOC’s pay data collection rule. As a result, the EEOC’s collection of pay data, which was to have begun on March 31,…more

Data Collection, EEO-1, EEOC, OMB, Reporting Requirements

See all updates »

Supreme Court Limits Patent Owners’ Ability to Control Post-Sale Use of Patented Products

The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International. The decision, which overturns longstanding Federal Circuit precedent, curtails…more

Breach of Contract, Exports, Foreign Sales, Imports, Impression Products v Lexmark International

See all updates »

USCIS Resumes Premium Processing for Cap Subject H-1B Petitions

As of Tuesday, September 19, 2017, the U.S. Citizenship and Immigration Services (USCIS) resumed accepting requests for premium processing for cap subject petitions. The process is only available for pending petitions, not new…more

H-1B, Highly-Skilled Workers Visa, USCIS, Visa Caps, Visas

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Late Fee for NFA Forms PQR and PR Filings Effective Starting September 30, 2016

The National Futures Association recently amended NFA Compliance Rule 2-46 in order to impose late fees for its commodity pool operator (CPO) and commodity trading adviser (CTA) members that do not make quarterly filings on…more

Commodity Pool, CTA, Filing Deadlines, Late Fees, National Futures Association

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Product Liability Update: August 2017

United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum, Rejecting…more

Breach of Warranty, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Compliance, CORI, Design Defects

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Eversource Proposes Rate Increases and $400 Million in Grid Modernization Investments

On January 17, 2017, Eversource Energy filed a petition with the Massachusetts Department of Public Utilities (DPU) that would increase base distribution rates for its 1.4 million electricity customers across the Commonwealth. …more

Charging Stations, Electric Vehicles, Electricity, Energy Storage, Public Utility

See all updates »

Bureau of Economic Analysis (BEA) Form BE-10 August 31, 2015 Deadline Approaching

For those clients that received extensions on the filing deadline for their BE-10 surveys, they are reminded that the August 31, 2015 deadline is approaching. The BE-10 is the five year benchmark survey of United States direct…more

Benchmarks, Bureau of Economic Analysis, Filing Deadlines, Foreign Direct Investment, Form BE-10

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Massachusetts DOER Releases Draft SREC II Regulations

The Massachusetts Department of Energy Resources (MA DOER) has released draft regulations for its SREC II solar program. The regulations are the latest step toward implementing the Commonwealth’s goal to install a total of 1.6…more

Clean Energy, Energy Policy, Energy Sector, Power Plants, Solar Energy

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Delaware Chancery Court Concludes Indemnification and Other Provisions of a Merger Agreement Are Not Enforceable Against Non-Consenting Stockholders

In November, the Delaware Court of Chancery issued a decision that raises troubling questions about commonly used techniques in private company acquisitions and that, if not modified on appeal or through legislation, could alter…more

CIGNA, Delaware General Corporation Law, Indemnification Clauses, Merger Agreements, Purchase Price

See all updates »

Kaspersky Lab and Due Diligence – How Do You Minimize Risk?

Kaspersky Lab, a Russian-owned cybersecurity company that sells anti-virus software and other kinds of IT systems security products, has been banned from use by the federal government. This latest development comes by way of…more

Computer Virus Protection, Cybersecurity, DHS, Due Diligence, General Services Administration (GSA)

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Important Dates and Reminders for Investment Advisers, Exempt Reporting Advisers, Commodity Trading Advisors and Commodity Pool Operators - 2017

Investment Advisers - Annual Compliance Reviews - All investment advisers registered with the Securities and Exchange Commission (“SEC”) or The Commonwealth of Massachusetts are required to review their compliance…more

Bad Actors, CFTC, Commodity Pool, Confidentiality Policies, Cybersecurity

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Massachusetts High Court Rules That State Law Does Not Authorize Officials to Honor ICE Detainers

On July 24, 2017, in the case Lunn v. Commonwealth, the Massachusetts Supreme Judicial Court (“SJC”) ruled that state and local officials are not authorized to arrest immigrants based on civil immigration detainers issued by…more

ICE, MA Supreme Judicial Court

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Potential Legal Implications Arising from "Brexit"

On June 23, 2016, the United Kingdom (UK) voted by way of an advisory referendum to leave the European Union. While the result will not take immediate legal effect, incoming Prime Minister Theresa May has indicated that “Brexit…more

Article 50 Treaty of the EU, Bilateral Agreements, Bilateral Investment Treaties, Cross-Border Transactions, Customs

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Potential Legal Implications Arising from "Brexit"

On June 23, 2016, the United Kingdom (UK) voted by way of an advisory referendum to leave the European Union. While the result will not take immediate legal effect, incoming Prime Minister Theresa May has indicated that “Brexit…more

Article 50 Treaty of the EU, Bilateral Agreements, Bilateral Investment Treaties, Cross-Border Transactions, Customs

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How the Amended Federal Rules Will Change Patent Litigation

Significant amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015 and include an important change to patent infringement pleading practice and the most notable revisions to the civil discovery…more

Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Patent Infringement, Patent Litigation

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Europe’s Answer To “I Love New York”: The Official Trademark Of Venice

This summer, I was lucky enough to vacation with family and friends in Venice, Italy. Highlights included seeing the traditional city sights, riding around the canals in a gondola, seeing glass being blown on the Island of…more

Italy, Trademarks

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High Security: How to Minimize Marijuana Data Risks

As we’ve blogged in the past, the cannabis industry is particularly susceptible to cyberattacks. With threats like a federal crackdown and workplace drug testing, customers have a vested interest in keeping their information…more

Cyber Attacks, Cybersecurity, Data Protection, Data Security, Employee Training

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The Drumbeat Continues: Another Court Rejects an FEIR For Not Properly Considering Climate Change

Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account for 20% of U.S. coal production. The…more

Administrative Procedure Act, Bureau of Land Management, Climate Change, Coal Industry, Coal Mines

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The Global Magnitsky Human Rights Accountability Act: Sanctions Tool for Promoting U.S. Human Rights Agenda

Overview - After months of closed-door discussions, Congress this week released the text of the negotiated National Defense Reauthorization Act (“NDAA”) for appropriating defense funds in fiscal year 2017. Tucked deep into…more

Human Rights, NDAA, OFAC, Sanctions

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Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you…more

Copyright, Copyright Infringement, Copyright Office, Copyright Registration, Digital Media

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Where Should Broker Dealers Invest Today? Cyber Security Compliance

With cyber security threats on the rise, broker dealers must prioritize protection of electronic investor information. What cyber security threats exist for broker dealers? In its 2015 Report on Cyber Security Practices, the…more

Broker-Dealer, Cyber Insurance, Cybersecurity, FINRA, Popular

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Federal Circuit Offers Path Through Section 101 Thicket for Biotech Method Patents

In its July 5, 2016 decision in Rapid Litigation Management Ltd and In Vitro, Inc. v. CellzDirect, Inc. and Invitrogen Corp., the Federal Circuit held that patent claims directed to an improved method of cryopreserving certain…more

Ariosa, Biotechnology, CLS Bank v Alice Corp, Examiners, Life Sciences

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When Will My Leftover Turkey Power My Electric Car: A Post Thanksgiving Reflection on the Promise and Challenge of Food Waste Bans

Food is a big part of why Thanksgiving is my family’s favorite holiday. Over the years, we have tried to eat sensibly and sustainably, and to waste less food. But on the Monday after Thanksgiving, I suspect we are not alone as…more

Infrastructure, Organic, Popular, Solid Waste, Waste Disposal

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EEOC’s Collection of Pay Data Delayed

On Tuesday, August 29, 2017, the White House Office of Management and Budget (OMB) initiated a review of the EEOC’s pay data collection rule. As a result, the EEOC’s collection of pay data, which was to have begun on March 31,…more

Data Collection, EEO-1, EEOC, OMB, Reporting Requirements

See all updates »

FDA Issues Draft Guidance on Medical Device Accessories

On January 16, 2015, the Food and Drug Administration (FDA) issued a draft guidance document titled “Medical Device Accessories: Defining Accessories and Classification Pathway for New Accessory Types.” The draft guidance…more

Draft Guidance, FDA, Medical Devices

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SBIC Advisers Relief Act Expected to be Adopted into Law

On December 4, 2015, President Obama is expected to sign into law The SBIC Advisers Relief Act, which amends several key registration provisions and exemptions of the Investment Advisers Act of 1940 (the “Advisers Act”), that…more

Amended Legislation, Exemptions, Investment Advisers Act of 1940, Preemption, SBIC

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A Hefty False Advertising Case: When the Competition Calls You Wimpy

If you’re interested in garbage, the crass objectification of male celebrities, or both – or if you consider the two roughly equivalent – have I got a false advertising case for you! Despite their “Don’t Get Mad; Get Glad”…more

Better Business Bureau, False Advertising, NAD

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Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you…more

Copyright, Copyright Infringement, Copyright Office, Copyright Registration, Digital Media

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FDA Issues Final Guidance on Proprietary Names for Drugs and Biological Products

The Food and Drug Administration (FDA) has finalized guidance for industry describing the agency’s evaluation process for proposed proprietary names for drug and biological products. The guidance applies to all prescription and…more

FDA, New Guidance, Pharmaceutical Industry, Prescription Drugs, Trademarks

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World Exchanges Encouraged to Report Indicators of Long-Term Sustainability

On November 4th, the World Federation of Exchanges (WFE) released a set of 34 sustainability measures that include environmental, social and governance indicators. WFE recommends that its member exchanges implement these…more

Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Popular, Securities Exchanges

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Top U.S. Cyber Official Resigns

Christopher Painter, the State Department’s “Coordinator for Cyber Issues” stepped down on July 28, 2017. Described as the Department’s “weary soldier in America’s cyber war,” Painter traveled the globe advancing U.S. interests…more

Administrative Resignation, Cyber Attacks, Cyber Policies, Cybersecurity, Government Officials

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Congress Passes Sweeping New Legislation To Protect Trade Secrets

Last week, in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets. The legislation, which President Obama…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte, Misappropriation

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Proposed Dutch Legislation on Child Labor Due Diligence: What You Need to Know

On February 7, the Dutch Parliament adopted a bill that would require companies to conduct due diligence as to whether child labor is occurring in their own operations or in their supply chains…more

Child Labor, Due Diligence, Human Rights, Netherlands, New Legislation

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FBAR: 2015 Reports Due by June 30, 2016

Every U.S. person (including both individuals and entities, as discussed below) that had a financial interest in, or signature or other authority over, one or more foreign financial accounts during 2015 must electronically file…more

E-Filing, FBAR, Filing Deadlines, FinCEN, Foreign Financial Accounts

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SEC Adopts Rules to Enhance Adviser Reporting

Recently enacted SEC rules have imposed several amendments to Form ADV that advisers should be aware of, and which will apply to all Form ADVs filed after September 31, 2017 (for most advisers with a December 31-year end, the…more

Form ADV, Investment Adviser, RAUM, SEC, Separately Managed Accounts (SMA)

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New IRS Rule Affecting Hospitality Employers Takes Effect January 1, 2014

The IRS will begin enforcing a new rule concerning the taxation of automatic gratuities on January 1, 2014. Specifically, employers must start treating automatic gratuities – that is, charges that are compulsory to customers –…more

FLSA, Hospitality Industry, IRS, Service Charges, Tips

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Wyeth v. Levine’s ‘Clear Evidence' Language: Clearly Misunderstood

In 2009, the United States Supreme Court in Wyeth v. Levine affirmed a judgment rejecting a prescription drug manufacturer’s contention that plaintiff’s claim that the manufacturer should have strengthened its U.S. Food and Drug…more

Burden of Proof, Clear and Convincing Evidence, Failure To Warn, FDA, FDCA

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SEC to Recommend Additional Compliance Rules for Investment Advisers

David W. Grim, Director of the SEC’s Division of Investment Management (the “Division”), recently noted in testimony before a U.S. House of Representatives subcommittee that the Division is developing new rule recommendations to…more

Compliance, Derivatives, Dodd-Frank, Registered Investment Advisors, SEC

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A History Of GOLDEN GATE Trademarks For Alcoholic Beverages

In celebration of the Intellectual Property Owners Association’s Annual Meeting, currently underway in San Francisco, we offer a brief tour through some GOLDEN GATE-themed trademarks. As a prominent feature of San Francisco’s…more

San Francisco, Trademark Application, Trademark Registration, Trademarks, USPTO

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Changes to the New York City Retirement Systems’ Proxy Guidelines

The New York City Retirement Systems (NYRS) recently published a major overhaul of their proxy voting policies, the first in 30 years. Released in April 2016, the “Corporate Governance Principles and Proxy Voting Guidelines”…more

Board of Directors, Executive Compensation, Human Rights, Investor Advisory Committee, New Guidance

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NLRB Ruling Makes It Easier to Organize Temporary Workers

On July 11, 2016, the National Labor Relations Board in Miller & Anderson, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that…more

Browning-Ferris Industries of California Inc., Community of Interest, Joint Employers, NLRB, Staffing Agencies

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“Patient Protection and Affordable Care Act; Market Stabilization” Proposed Rule

On February 15, 2017 the Centers for Medicare & Medicaid Services (CMS) released a proposed rule entitled, “Patient Protection and Affordable Care Act; Market Stabilization.” Excerpt - In general, the proposed rule is…more

Affordable Care Act, CMS, Enrollment, Health Insurance, Proposed Rules

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DOL Provides Temporary Enforcement Relief on Fiduciary Rule

The U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (FAB 2017-01) on Friday, March 10, 2017 to address near-term compliance concerns relating to a proposed 60-day delay of the Fiduciary Rule. As previously…more

Delays, DOL, Fiduciary Rule, Implementation Day

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Quarterly Review of Seed, Series A and Series B/Later Round Financings: First Quarter 2015

The Numbers - Venture financing activity in New England decreased modestly in the first quarter of 2015 (-12%) with Seed and B/ Later round activity each decreasing by roughly 20% over Q4 2014. Despite this overall downward…more

Business Valuations, Clean Tech, Emerging Technology Companies, Life Sciences, Seed Financing

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State Department Promulgates New Vetting Standards Required By President's Travel Ban Executive Order

On July 12, 2017, the State Department promulgated new vetting standards for visa applicants, as required by President Trump’s March 6, 2017 Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry Into The…more

Executive Orders, Travel Ban, Trump Administration, Visa Applications

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FTC Updates COPPA Guidance for Businesses

On June 21, 2017, the FTC updated its COPPA Compliance Guidance for businesses. The new guidance includes new descriptions of services and products covered by COPPA, and new methods for obtaining parental consent…more

COPPA, FTC, Parental Consent, Privacy Policy

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A "PATH" to Substantial Tax Savings: Qualified Small Business Stock

In the early 1990s, Congress enacted the qualified small business stock (“QSBS”) rules to incentivize equity investments in certain corporations. The QSBS rules reduce the effective federal income tax rate on the gain realized…more

C-Corporation, Capital Gains, Corporate Conversions, Equity Investors, Income Taxes

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Increased Risk of FCPA Prosecution of Foreign National Executives of U.S. Issuers: Recent Court Decision Allows Open-Ended Statute of Limitations and Bases FCPA Jurisdiction on Email Routed Through US Servers

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act ("FCPA”). The decision from the federal district court in New York denied a…more

Bribery, DOJ, Email, FCPA, Government Officials

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The Global Magnitsky Human Rights Accountability Act: Sanctions Tool for Promoting U.S. Human Rights Agenda

Overview - After months of closed-door discussions, Congress this week released the text of the negotiated National Defense Reauthorization Act (“NDAA”) for appropriating defense funds in fiscal year 2017. Tucked deep into…more

Human Rights, NDAA, OFAC, Sanctions

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Jersey Boys: The Curtain Call For Two Copyright Claims

Last month, the Broadway hit-musical Jersey Boys closed its doors after a spectacular eleven-year run. As someone who hails from the great state of New Jersey and who saw the show twice, I thought it was only appropriate to…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Video Recordings

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Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of…more

Bullying, Crime Victims, Criminal Prosecution, Educational Institutions, Hazing

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General Data Protection Regulation: What It Means For US Healthcare/Life Science Companies (Part Three)

Even though the GDPR is a general regulation, some provisions are expressly addressing the specificities of the processing of personal data in the healthcare/life science sectors…more

Data Protection, EU, EU Data Protection Laws, EU-US Privacy Shield, General Data Protection Regulation (GDPR)

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What NYC Employers Need to Know about New Salary History Law

Earlier this month, New York City Mayor Bill de Blasio signed a bill prohibiting employers from asking job candidates about their salary history. The new law will go into effect on October 31, 2017…more

Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants, Local Ordinance

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Massachusetts Adopts New Workplace Protections for Pregnant Workers

On July 28, 2017, Massachusetts Governor Charlie Baker signed the Pregnant Workers Fairness Act (“PWFA”) into law. The PWFA, which will go into effect on April 1, 2018, requires that employers provide reasonable accommodations…more

Duty to Accommodate, Hiring & Firing, New Legislation, Pregnancy, Pregnancy Discrimination

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Product Liability Update - July 2015

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds Non-Physician’s…more

Admissible Evidence, Asbestos, Asbestos Litigation, Bayh-Dole Act, Biologics

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Public Summary of Foley Hoag LLP Report, Good Practice for Managing the Social Impacts of Oil Pipelines in the United States

Due to their linear nature, pipeline projects affect a large number of stakeholders, which increases the likelihood of broad opposition and protests. Tribal opposition to projects in the United States sometimes reflects…more

Corporate Social Responsibility, Dakota Access Pipeline, Oil & Gas, Pipelines

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Venture Perspectives - March 2013: Quarterly Review of Seed, Series A and Series B/Later Round Financings: Fourth Quarter and Year 2012

In This Issue: - Activity Level of 2012 New England Transactions - All Rounds - Activity Level of New England Seed Transactions - Activity Level of New England Series A Transactions - Activity Level…more

Clean Tech, Life Sciences, Seed Financing, Series A, Series B

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Product Liability Update: August 2017

United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum, Rejecting…more

Breach of Warranty, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Compliance, CORI, Design Defects

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Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous…more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, SCOTUS

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Supreme Court Limits Patent Owners’ Ability to Control Post-Sale Use of Patented Products

The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International. The decision, which overturns longstanding Federal Circuit precedent, curtails…more

Breach of Contract, Exports, Foreign Sales, Imports, Impression Products v Lexmark International

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Brazil’s Belo Monte Move: Will National Development Banks Start Taking Human Rights and Environmental Concerns More Seriously?

In late November, the Brazilian national development bank (“BNDES”, by its Portuguese initials) announced its approval of a $10.8 billion loan to finance the construction of the Belo Monte dam, the world’s third largest…more

Corporate Social Responsibility, Human Rights, Infrastructure

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Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This closely-watched…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

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Court Dismisses Tarantino’s Copyright Claim Over Hyperlink To Leaked Script; Grants Leave to Amend But Notes That Fair Use Argument Is Strong

We recently reported on director Quentin Tarantino’s copyright lawsuit against Gawker Media over his leaked script for the film The Hateful Eight. The suit alleged that Gawker Media, by encouraging its readers to leak the script…more

Copyright, Copyright Infringement, Fair Use, Leave to Appeal, Quentin Tarantino

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USCIS Resumes Premium Processing for Cap Subject H-1B Petitions

As of Tuesday, September 19, 2017, the U.S. Citizenship and Immigration Services (USCIS) resumed accepting requests for premium processing for cap subject petitions. The process is only available for pending petitions, not new…more

H-1B, Highly-Skilled Workers Visa, USCIS, Visa Caps, Visas

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Quarterly Review of Seed, Series A and Series B/Later Round Financings: First Quarter 2015

The Numbers - Venture financing activity in New England decreased modestly in the first quarter of 2015 (-12%) with Seed and B/ Later round activity each decreasing by roughly 20% over Q4 2014. Despite this overall downward…more

Business Valuations, Clean Tech, Emerging Technology Companies, Life Sciences, Seed Financing

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Federal Court Halts the Enforcement of the Department of Labor’s “Persuader Rule”

On June 27, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction barring enforcement of the U.S. Department of Labor’s (“DOL”) new “persuader rule,” which as of July 1 would…more

Disclosure Requirements, DOL, LMRDA, Persuader Rules, Reporting Requirements

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Fiduciary Duties of Directors in Connection with An Acquisition: A Massachusetts Difference

Customary analysis of the fiduciary duties of directors in connection with their consideration of an acquisition of the corporation focuses on the nature of that fiduciary duty: What is that duty? Under what circumstances is the…more

Acquisitions, Directors, Fiduciary Duty, Mergers, Shareholders

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Foley Hoag Climate Update: February 2016

The Paris Outcome - After two weeks of intense negotiations at the Paris climate conference, 195 countries finally adopted the Paris Agreement and a Decision to limit “the increase in the global average temperature to well…more

Clean Power Plan, Climate Change, Emissions Trading System, EPA, Greenhouse Gas Emissions

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L’Élixir De L’Amour: How A 19th Century French Widow Turned Her Trademark Champagne Into A Lifestyle Beverage

Valentine’s Day is upon us yet again. Chances are, you and your sweetheart will find yourselves together in a restaurant on February 14th. Roses may be gifted, chocolate confections may be consumed, and to drink – why, champagne…more

Counterfeiting, Trademark Registration, Trademarks

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Federal Circuit Expands Scope of Liability for Divided Infringement

The Federal Circuit, sitting en banc in Akamai Technologies, Inc. v. Limelight Networks, Inc., this week adopted a new standard governing divided infringement under 35 U.S.C. § 271(a). The new standard is likely to enhance the…more

Covered Business Method Patents, Direct Infringement, Divided Infringement, En Banc Review, Induced Infringement

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New Nasdaq Rule Requires Disclosure of Third Party Compensation of Directors and Nominees

Effective August 1, 2016, companies listed on Nasdaq are subject to a new rule requiring annual disclosure of the material terms of agreements or arrangements between directors or director nominees and third parties that relate…more

Board of Directors, Compensation Agreements, Disclosure Requirements, Exceptions, Executive Compensation

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SEC Adopts Rules to Enhance Adviser Reporting

Recently enacted SEC rules have imposed several amendments to Form ADV that advisers should be aware of, and which will apply to all Form ADVs filed after September 31, 2017 (for most advisers with a December 31-year end, the…more

Form ADV, Investment Adviser, RAUM, SEC, Separately Managed Accounts (SMA)

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Deja Vu All Over Again: Massive Ransomware Attack Underway

A mere month and a half after the WannaCry strain of ransomware caused major havoc in European and Asian countries, another major ransomware attack hit large institutions across Europe and the United States yesterday. ?Hardest…more

Cyber Crimes, Cybersecurity, Data Breach, Emergency Response, EU

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Settlement in False Advertising Class Action Leaves First Amendment Questions Unanswered

On April 30, 2014, the plaintiffs in Bezdek v. Vibram, a class action in the District of Massachusetts, filed for court approval of a class wide settlement. The case had been brought against Vibram, the Italian manufacturer of…more

Class Action, False Advertising, First Amendment, Settlement, Vibram

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Public Summary of Foley Hoag LLP Report, Good Practice for Managing the Social Impacts of Oil Pipelines in the United States

Due to their linear nature, pipeline projects affect a large number of stakeholders, which increases the likelihood of broad opposition and protests. Tribal opposition to projects in the United States sometimes reflects…more

Corporate Social Responsibility, Dakota Access Pipeline, Oil & Gas, Pipelines

See all updates »

Yes, You Were Likely a Victim of the Equifax Hack, But Here’s What You Can Do Now

As we previously said, the Equifax breach affects approximately 143 million Americans. While the hackers stole data that includes addresses, birth dates, full names and Social Security numbers, there are steps you can take today…more

Credit Reporting Agencies, Cyber Attacks, Data Breach, Equifax, Hackers

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President Trump Rescinds the DACA (“Dreamer”) Program

On September 5, Attorney General Jeff Sessions announced the Trump Administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program that had been in place since June 15, 2012. The Trump…more

DACA, Employment Authorization Documents (EAD), Immigrants, Immigration Reform, Trump Administration

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. . . And Your Name Is? Court Orders Anonymous Parallel Importer To Reveal Itself In “Lever Rule” Trademark Challenge

We recently hosted an event at the firm where we discussed legal issues concerning parallel imports in the transportation industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule” protection…more

Counterfeit Goods Regulation, Customs and Border Protection, Gray Market Goods, Parallel Imports, Trademark Ownership

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Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous…more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, SCOTUS

See all updates »

Product Liability Update: August 2017

United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum, Rejecting…more

Breach of Warranty, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Compliance, CORI, Design Defects

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SEC Waives Custody Rule Requirements for Certain Affiliated Sub-Advisers

Under the SEC Rule 206(4)-2, the “custody rule,” registered investment advisers with custody of client funds or securities are required to take a number of steps designed to safeguard those client assets. One such step is that…more

Custody Rule, Investment Adviser, Investor Protection, No-Action Letters, PCAOB

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Patent Strategies For Start-Up Companies

Patents can be vitally important for protecting the innovations of a start-up company, just as it is important for start-ups to be mindful of trademark, copyright, and domain name strategies (see our other guides for start-ups,…more

IP Assignment Agreements, Patent Applications, Patent-Eligible Subject Matter, Popular, Provisional Applications

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Venture Perspectives - January 2013: Quarterly Review of Seed, Series A and Series B/Later Round Financings: Third Quarter 2012

In This Issue: - Activity Level of New England Seed Transactions - Activity Level of New England Series A Transactions - Activity Level of New England Series B/Later Round Transactions - Size of New England…more

Emerging Growth Companies, Funding, Startups, Venture Capital, Venture Funding

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Massachusetts Legislature Enacts Significant Energy Bill in Support of Offshore Wind and Hydro Procurement, Storage and Transmission

Late last night, the Massachusetts legislature enacted House Bill 4568, an act to promote energy diversity (the “Act”). Overall, the Act marks a compromise between the House’s original procurement-only legislation and the…more

Energy Sector, Energy Storage, Hydro Issues, Offshore Wind, Omnibus Guidance

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Janssen v. Celltrion: A Misstep in the BPCIA Patent Dance

Last week, a federal judge in Boston answered a question of first impression arising under the patent dispute resolution provisions of the Biological Price Competition and Innovation Act (“BPCIA”), a process commonly known as…more

Biosimilars, BPCIA, Dispute Resolution, Janssen v Celltrion, Patent Litigation

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Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous…more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, SCOTUS

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IRS Updates Form 990-EZ for 2016

The IRS released an updated Form 990-EZ, Short Form Return of Organization Exempt from Income Tax with the purpose of helping small to mid-size tax-exempt organizations avoid common mistakes. Tax-exempt organizations whose gross…more

Form 1023 EZ, Form 990, Income Taxes, IRS, Tax Exempt

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SBIC Advisers Relief Act Expected to be Adopted into Law

On December 4, 2015, President Obama is expected to sign into law The SBIC Advisers Relief Act, which amends several key registration provisions and exemptions of the Investment Advisers Act of 1940 (the “Advisers Act”), that…more

Amended Legislation, Exemptions, Investment Advisers Act of 1940, Preemption, SBIC

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Supreme Court Holds Equitable Laches is No Longer Available to Limit Patent Damages

The Supreme Court, in a 7-1 decision written by Justice Alito, has held that laches cannot be invoked as a defense against any claim for damages in a patent case brought within the 6-year limitation on damages prescribed by…more

En Banc Review, Laches, Patent Infringement, Patent Litigation, Patents

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Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This closely-watched…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

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The Massachusetts Attorney General’s Complaint Against Equifax

As most are aware, the Massachusetts Attorney General has won the race to the courthouse and been the first regulator to file suit against Equifax…more

Credit Reporting Agencies, Cyber Attacks, Cybersecurity, Data Breach, Equifax

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