Foley Hoag LLP

The First, First Circuit Court to Opine on a Newman Challenge

And the Insider Trading Charges Stick - On May 12, 2015, in United States v. Douglas Parigian, U.S. District Court Judge Denise Casper became the first judge in the First Circuit to opine on a challenge to insider trading…more

Fiduciary Duty, Illegal Tipping, Insider Trading, Material Nonpublic Information, Misappropriation

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U.K. Modern Slavery Act: New Disclosure Requirements for Companies Operating in the United Kingdom

Companies that do business in the United Kingdom should assess their exposure to the U.K. Modern Slavery Act, which goes into effect this October. The transparency provisions of the Act are applicable to companies that do any…more

Audit Policies, Board of Directors, Corporate Entities, Disclosure Requirements, Due Diligence

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Employers May Be Able to Limit Treble Damages for Violations of the Massachusetts Wage Act

The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole…more

Attorney Generals, Employee Rights, Employer Liability Issues, Hiring & Firing, Termination

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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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Supreme Court Calls for Greater Deference to District Court Claim Construction

This week, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court held that the Federal Circuit must apply a deferential “clear error” standard of review to any finding of fact underlying a district court’s claim…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Patent Litigation

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Venture Perspectives: Fourth Quarter 2014

The Numbers - Venture financing activity in New England increased modestly in the fourth quarter of 2014, with Seed and B/Later round activity increasing by 40% and 26%, respectively, over Q3 2014. For the second…more

Business Valuations, Clean Tech, Financing, Life Sciences, Seed Financing

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Patenting: A Guidebook For Patenting in a Post-America Invents Act World

Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the ability to…more

America Invents Act, AMP v Myriad, Bayh-Dole Act, Claim Construction, CLS Bank v Alice Corp

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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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No Purchase Necessary: Six Tips for Making Sure Your Online Prize Promotion is not an Illegal Lottery

The Federal Trade Commission’s recent $9.5 million judgment against sweepstakes operator Crystal Ewing is a stark reminder that prize promotions remain fertile ground for regulatory scrutiny both on the state and federal level. …more

Contests & Promotions, FTC, Marketing, Mobile Devices, Sweepstakes

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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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Supreme Court Allows Closely Held Corporations to Invoke Religious Objections Against Providing Employee Contraceptive Coverage

In a 5-4 decision, the United State Supreme Court ruled Monday in Burwell v. Hobby Lobby Stores, Inc., that closely held for-profit corporations may invoke religious objections to exclude contraceptive coverage from the health…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives, Hobby Lobby

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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, Energy Policy, 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

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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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DOE Releases Draft Environmental Impact Statement for Northern Pass Project

The U.S. Department of Energy (DOE) recently released a Draft Environmental Impact Statement (DEIS) for Northern Pass Transmission, LLC’s proposed 187-mile transmission line across the United States-Canada border in New…more

DOE, Energy Sector, Environmental Impact Report, Presidential Permit, Transmission Lines

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SEC Adopts Pay Ratio Disclosure Rule

On August 5, 2015, the SEC, by a 3 to 2 vote, adopted the controversial “pay ratio rule,” which requires public companies to disclose the ratio of the annual total compensation of the chief executive officer (CEO) to the median…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Median Employee

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Pretzel Logic: Federal Circuit holds that TTAB Failed to Consider Mark as a Whole

An application to register PRETZEL CRISPS as a mark will live another day, thanks to a Federal Circuit opinion reversing a TTAB decision that had canceled the mark on grounds of genericness…more

Generic, Remand, Reversal, Trademark Litigation, Trademark Registration

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Sold-Out RGGI Auction Triggers Cost Containment Reserve (Which Sells Out, Too)

Last week’s auction of CO2 allowances by the Regional Greenhouse Gas Initiative (RGGI) was the 23rd in the program’s history, but the first auction under the new RGGI rules and reduced cap. The new rules undoubtedly explain why…more

Carbon Capture and Sequestration, Carbon Emissions, Cost-Containment, Environmental Policies, Greenhouse Gas Emissions

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MassDEP Releases Its Draft Vapor Intrusion Guidance

MassDEP has recently released for public comment draft Guidance on Vapor Intrusion. The proposed guidance would replace MassDEP’s December 2011 Interim Final Vapor Intrusion Guidance, which saw minor revisions in the spring of…more

Department of Environmental Protection, Environmental Policies, Vapor Intrusion, Vapor Intrusion Guidance

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Venture Perspectives - New England Edition: Fourth Quarter and Year 2013

In This Issue: - Activity Level of 2013 New England Transactions - All Rounds - Activity Level of New England Seed Transactions - Activity Level of New England Series A Transactions - Activity Level of New…more

Equity Transactions, Seed Financing, Series A, Series B, Venture Capital

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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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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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DOJ Releases Best Practices for Victim Response and Reporting of Cyber Incidents

Last week, the Cybersecurity Unit of the Department of Justice (DOJ) issued a list of “best practices” for companies concerning preparing for and responding to cyber-attacks. The report details the lessons federal prosecutors…more

Best Practices, Cyber Attacks, Cybersecurity, DOJ, New Guidance

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New Rule Permits CMS to Revoke Medicare Billing Privileges for Providers/Suppliers with “Pattern or Practice” of Denied Claims

On December 5, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a final rule titled “Requirements for Medicare Incentive Reward Program and Provider Enrollment” (“the Rule”). The Rule implemented several provider…more

Billing, Claims Processing Systems, Clinical Laboratories, CMS, Final Rules

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Federal Circuit Holds that A Good-Faith Belief in Patent Invalidity Is a Defense to Claims of Inducing Patent Infringement

This week, the Federal Circuit issued an important decision for device manufacturers, developers, service providers, and any other company that might be targeted as an “indirect” patent infringer based on customers' use of their…more

Contributory Infringement, Good Faith, Infringement, Patents, Validity

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Changes on the Horizon? IRS Announces New Plans to Recharacterize Management Fee Waiver Arrangements

On July 22, 2015, the IRS released proposed regulations that could limit the utility of “management fee waiver” arrangements (the “Proposed Regulations”). Management fees generally are taxable as compensation income. Typically,…more

Capital Gains, Clawbacks, Deferred Compensation, Fee Waivers, Fund Sponsors

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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, Pharmaceutical Manufacturers

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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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Seeing Double Trademarks on St. Patrick’s Day? It’s Probably the Guinness

St. Patrick’s Day is upon us, which in Boston means loads of Kelly green, a famously-litigated parade, and a huge spike in the consumption of Guinness. The iconic dark stout travels in equally recognizable containers, each…more

Beer, Brand, Breweries, Trademarks, Wine & Alcohol

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“Aloha” Means Cybersecurity, Consumer Multistates, and Swimming with Turtles at Conference of Western Attorneys General

Attorneys General, meeting at the Conference of Western Attorneys General (“CWAG”) on Maui recently, tackled as usual a range of issues from the Rule of Law, an ongoing and important initiative with Mexican police, prosecutors…more

Attorney Generals, Credit Cards, Cyber Crimes, Cybersecurity, Data Breach

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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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Divided Infringement Steps into the Limelight

Implications of Limelight v. Akamai - The United States Supreme Court ruled Monday that a defendant cannot be liable for inducing infringement unless the induced party directly infringed the patent. This means, under…more

Akamai Technologies, En Banc Review, Induced Infringement, Limelight Networks, Mayo v. Prometheus

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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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Department of Education Issues Final Regulations on Campus Sex Offense Reporting and Training, While Leaving Some Key Issues Unresolved

On Monday, the Department of Education published final regulations on how colleges and universities should prevent, report, and respond to sexual offenses on campus. These regulations interpret changes recently made by Congress…more

Clery Act, Colleges, Dating Violence, Department of Education, Disclosure Requirements

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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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U.S. Department of Labor Proposes to Change Rule Regarding Who Is a Same-Sex Spouse under the FMLA

On Friday, June 20, 2014, the U.S. Department of Labor (“DOL”) announced its intention to change the regulatory definition of who is a “spouse” for purposes of the Family Medical Leave Act (“FMLA”). The impetus for the proposed…more

DOL, DOMA, Employer Liability Issues, FMLA, OMB

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Venture Perspectives: Fourth Quarter 2014

The Numbers - Venture financing activity in New England increased modestly in the fourth quarter of 2014, with Seed and B/Later round activity increasing by 40% and 26%, respectively, over Q3 2014. For the second…more

Business Valuations, Clean Tech, Financing, Life Sciences, Seed Financing

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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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Employers May Be Able to Limit Treble Damages for Violations of the Massachusetts Wage Act

The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole…more

Attorney Generals, Employee Rights, Employer Liability Issues, Hiring & Firing, Termination

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A Fractured Federal Circuit Panel Interprets The Biosimilars Patent Resolution Procedures

On July 21, the Federal Circuit interpreted the patent litigation procedures and requirements of the Biologics Price Competition and Innovation Act (BPCIA), including whether a company submitting an abbreviated BLA (“k…more

Biosimilars, BPCIA, Drug Manufacturers, FDA, FDA Approval

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Office of the Attorney General Issues Final Regulations on the Massachusetts Earned Sick Time Law

On June 19, 2015, the Office of the Attorney General issued final regulations relating to the Massachusetts Earned Sick Time law, which takes effect on July 1, 2015. The law requires all employers to provide up to 40 hours of…more

Earned Sick Time, Paid Leave, Parental Leave, Sick Leave, Wage and Hour

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USCIS Will Begin Accepting New H-1B Filings on April 1 for Fiscal Year 2015

On April 1, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting new H-1B petitions for employment commencing on October 1, 2014. New H-1B petitions are subject to an annual limit of 65,000 new…more

Foreign Workers, H-1B, USCIS, Visa Caps, Visas

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Cayman Islands Directors Registration and Licensing Law: CIMA Requires Registration or Licensing of Fund Directors by September 3 (Including Directors Employed by Fund’s Investment Manager)

Under the Cayman Islands Directors Registration and Licensing Law 2014 (the “Law”), beginning June 4, 2014 directors of (a) “mutual funds” regulated under the Cayman Islands Mutual Funds Law (2013 Revision) and (b) companies…more

Board of Directors, CIMA, Directors, Licensing Rules, Registration

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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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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, Energy Policy, Power Plants, Solar Energy

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Second Circuit Vacates Conviction Against Sales Representative for Off-Label Promotion

The Second Circuit, New York’s federal court of appeals, this week issued its long-awaited decision in United States v. Caronia and vacated the conviction of a pharmaceutical sales representative for off-label promotion. In a…more

Criminal Prosecution, FDCA, Free Speech, Off-Label Use, Pharmaceutical

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Massachusetts Department of Public Utilities Opens Investigation on Electric Vehicles and Electric Vehicle Charging

On December 23rd, the Massachusetts Department of Public Utilities (the Department) issued an Order opening an investigation into electric vehicles and electric vehicle charging . That Order, issued the same day as the…more

Electric Vehicles, Utilities Sector

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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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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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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, Energy Policy, 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

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SEC Adopts Pay Ratio Disclosure Rule

On August 5, 2015, the SEC, by a 3 to 2 vote, adopted the controversial “pay ratio rule,” which requires public companies to disclose the ratio of the annual total compensation of the chief executive officer (CEO) to the median…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Median Employee

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Seventh Circuit Allows Data Breach Class Action to Proceed Against Neiman Marcus, Despite Lack of Current Harm to Credit Card Holders

Data breaches are often followed by class action suits in which the affected individuals seek damages. Corporations defending against such suits have used a 2013 Supreme Court case, Clapper v. Amnesty International, 133 S. Ct…more

Article III, Clapper v. Amnesty International, Credit Cards, Data Breach, Data Security

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AIFMD: ESMA Recommends the First Wave of Non-EU Countries to Obtain a Europe-Wide Marketing Passport

On July 30, 2015, the European Securities and Markets Authority (ESMA) released its advice to the European Parliament, Council of the European Union and the European Commission on the application of the passport to non-EU…more

AIF, AIFM, AIFMD, ESMA, EU

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Supreme Court Allows Closely Held Corporations to Invoke Religious Objections Against Providing Employee Contraceptive Coverage

In a 5-4 decision, the United State Supreme Court ruled Monday in Burwell v. Hobby Lobby Stores, Inc., that closely held for-profit corporations may invoke religious objections to exclude contraceptive coverage from the health…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives, Hobby Lobby

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ATS Case Developments Post-Kiobel: Interpreting the “Touch and Concern” Standard

The past few months have seen a few interesting developments in cases in which Alien Tort Statute (“ATS”) claims factor prominently. This judicial activity, much of which focuses on the significance of the presumption against…more

Alien Tort Statute, Extraterritoriality Rules, Kiobel v. Royal Dutch Petroleum Co., SCOTUS

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SEC No-Action Letter Allows Certain Kinds of “M&A Brokers” to Avoid Broker-Dealer Registration Under the Exchange Act

On January 31, 2014, the SEC’s Division of Trading and Markets issued a significant no-action letter permitting the involvement of “M&A Brokers” in business acquisition transactions involving privately-held companies. The…more

Broker-Dealer, No-Action Letters, SEC, Securities Exchange Act

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SEC Issues Interpretive Advice About Verification Safe Harbors Under Rule 506(c)

The availability of the private placement exemption under SEC Rule 506 depends in large measure upon determinations that purchasers are “accredited investors” under the rules. Where there is no general solicitation, Rule 506(b)…more

Accredited Investors, General Solicitation, JOBS Act, Rule 506 Offerings, Rule 506(c)

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Private or Public? The Developing Circuit Split on Internet TV Retransmission

It appears that a Circuit split is developing on the issue of whether Internet services that transmit network television programs are engaged in a transmission to the public in violation of the networks’ copyrights. The…more

Aereo, Copyright, FilmOn X, Internet, Internet Streaming

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Trademark Strategies for Start-Up Companies

Most innovative start-up companies appreciate that a sound patent strategy is critical to success in the marketplace, and in making the company attractive to investors and future acquirers. But they overlook the importance of…more

Ficticious Business Name, International Trademark Protection, Patents, Personal Brands, Popular

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Two Days, Three Decisions, One Big Mess: Welcome to Judicial Review of the Waters of the United States Rule

On Wednesday, Judge Irene Keeley of the Northern District of West Virginia held that district courts do not have jurisdiction to hear challenges to EPA’s rule defining waters of the United States, because courts of appeal have…more

Clean Water Act, EPA, Final Rules, Injunctions, Irreparable Harm

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Opportunity, Uncertainty for Entities Wishing to Do Business with Iran

Nuclear Deal with Iran Holds Out Possibility of Phased Relaxation of Sanctions - On July 14, 2015, the United States and five other countries (collectively known as the P5+11) reached a Joint Comprehensive Plan of Action…more

Automotive Industry, Banking Sector, Energy Sector, IAEA, Insurance Industry

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The Case of the Missing Designated Agent: Omitting Subsidiaries From Your DMCA Filing May Be Costly

Many of our fine readers are by now well acquainted with the Digital Millennium Copyright Act (DMCA), the late-‘90s era addition to the Copyright Act intended to address an increasingly digital copyright landscape. The DMCA…more

Copyright Infringement, Copyright Office, DMCA, Internet Service Providers, Safe Harbors

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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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Benefit Corporations: Twelve States and Counting

On December 1, a new benefit corporation statute went into effect in Massachusetts, making the state one of twelve that have enacted legislation allowing for the formation of this new form of corporate entity…more

Benefit Corporations, Corporate Social Responsibility

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Employers May Be Able to Limit Treble Damages for Violations of the Massachusetts Wage Act

The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole…more

Attorney Generals, Employee Rights, Employer Liability Issues, Hiring & Firing, Termination

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SEC Proposes Amendments to Regulation D, Form D and Rule 156

On July 10, 2013, the Securities and Exchange Commission adopted final rules amending Rule 506 of Regulation D to permit general solicitation and to disqualify felons and other “bad actors” from participating in certain…more

Accredited Investors, Disqualification, Form D Filing, General Solicitation, Regulation D

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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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TTAB Balks at Parody Argument in Yankees Trademark Case

In honor of Foley Hoag’s new New York office, we here at the Boston office reluctantly present a victory by the New York Yankees — albeit not one won on the baseball diamond. In a trademark opposition that has been underway…more

Dilution, Intellectual Property Litigation, Parody, Trademark Litigation, Trademark Trial and Appeal Board

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Statute Criminalizing Election Campaign Lies Found to Violate First Amendment and Article 16

On August 6, 2015, the Massachusetts Supreme Judicial Court (SJC) in Commonwealth v. Lucas struck down Massachusetts General Laws, Chapter 56, § 42 (Section 42), which criminalized the utterance or publication of “any false…more

First Amendment, MA Supreme Court, Political Campaigns, Political Speech, Probable Cause

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European Court Establishes “Right to be Forgotten” Online

Today’s decision by the European Court of Justice (ECJ) that individuals enjoy the right to have truthful yet unflattering information about them “forgotten” from online search results is generating a great deal of controversy…more

EU, Freedom of Expression, Google, Human Rights, Internet

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Attorney General Announces 6-Month “Safe Harbor” Under Earned Sick Time Law

On Monday, May 18, 2015, the Office of the Attorney General announced a “safe harbor” for some employers under the Massachusetts Earned Sick Time Law. Specifically, the Attorney General has determined that for the so-called…more

Earned Sick Time, Paid Leave, PTO, Sick Leave

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Flying High: The Human Rights Implications of Investing In Drones

Civilian application of drone technology has increased dramatically in recent years. The burgeoning civilian opportunities are a potential boon for investors, who view this emerging market as one that will expand long into the…more

Amazon, Commercial Use, Drones, Emerging Markets, Ethics

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Federal Circuit’s En Banc Suprema Ruling Confirms the ITC’s Authority to Exclude Imported Goods Used to Directly Infringe in the United States

On August 10, 2015, the Federal Circuit held that under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) could exclude from the United States imported goods that, after importation, are used in an…more

Administrative Authority, Chevron Deference, Direct Infringement, En Banc Review, Imports

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Land Tenure Risk: Why it Matters for Companies, Investors, and Communities

Two important new reports focus on land tenure conflicts between companies and communities. In September, the Rights and Resources Initiative released a report entitled, “Global Capital, Local Concessions: A Data-Driven…more

Land Titles, Tenure

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Changes on the Horizon? IRS Announces New Plans to Recharacterize Management Fee Waiver Arrangements

On July 22, 2015, the IRS released proposed regulations that could limit the utility of “management fee waiver” arrangements (the “Proposed Regulations”). Management fees generally are taxable as compensation income. Typically,…more

Capital Gains, Clawbacks, Deferred Compensation, Fee Waivers, Fund Sponsors

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SEC Radically Revamps Regulation A - Part 3

Reporting and Blue Sky Issues - 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

Issuers, JOBS Act, Regulation A, Reporting Requirements, SEC

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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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IRS Releases Streamlined Application for Tax-Exempt Status

The Internal Revenue Service (the “IRS”) has significantly streamlined the application process for small nonprofits seeking recognition as tax-exempt 501(c)(3) organizations through the release of a new application form on July…more

501(c)(3), Applications, IRS, Non-Profits, Tax Exempt Entities

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CFTC 4.13(a)(3) Annual Affirmations Due March 2

As a reminder, fund managers relying on the exemption from registration with the US Commodity Futures Trading Commission (the “CFTC”) set forth in Rule 4.13(a)(3), commonly referred to as the “de minimis exemption,” must affirm…more

CFTC, Deadlines, Exemptions, Registration

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Surprise Bills Laws Enacted in California and New York

What Do They Mean for Providers? - Both California and New York have recently enacted so-called “Surprise Bills Laws” that require out-of-network providers to give notice to patients that a particular item or service…more

Billing, Health Insurance, Healthcare, New Legislation, Out of Network Provider

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CFTC Issues Exemptive Relief to Harmonize with JOBS Act Amendments to Regulation D and Rule 144A

The U.S. Commodity Futures Trading Commission (“CFTC”) issued an Exemptive Letter on September 8, 2014 (“Exemptive Letter”) providing that an issuer relying on Rule 506(c) of Regulation D and resellers relying on Rule 144A,…more

CFTC, CPO, Exemptive Orders, General Solicitation, Issuers

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Don’t Mess with Texas Trademarks

As a native Texan, I always feel a bit nostalgic and homesick around early March. Not only is bluebonnet season (read: spring) around the corner (if only that were true here in Boston!), but March 2 marks Texas Independence Day…more

Brand, Trademarks

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SEC Proposes Rules for Hedging Disclosure

On February 9, 2015, the SEC proposed rules that would require domestic public companies to disclose in proxy and information statements whether the company permits any of its directors or employees (including officers) to…more

Dodd-Frank, Hedging, Proxy Statements, Public Disclosure, Publicly-Traded Companies

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Centers for Medicare & Medicaid Services Proposes Changes to Six Protected Class Rule under Medicare Part D

On December 8, 2003, the Medicare Prescription Drug, Improvement, and Modernization Act (the “MMA”) was signed into law by former President George W. Bush1. Prior to the enactment of the MMA, Medicare prescription drug coverage…more

CMS, FDA, Healthcare, Medicaid, Medicare

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Important Changes Relating to Section 125 Plans May Require Immediate Action

Last week, there were two important developments relating to Section 125 cafeteria plans. First, Massachusetts announced that employers will no longer be required to maintain a Section 125 plan. Second, the IRS has modified the…more

Affordable Care Act, Cafeteria Plans, Flexible Spending Accounts, Healthcare, IRS

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SEC Charges KBR, Inc. with Using a Confidentiality Agreement that Could "Chill" Whistleblowing

About six months ago, the Director of the Office of the Whistleblower warned that the SEC was “going to bring a case where somebody has asked an employee or forced an employee to sign a document that in order of substance means…more

Confidentiality Agreements, Enforcement Actions, Internal Investigations, KBR (formerly Kellogg Brown & Root), Popular

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Venture Perspectives: Fourth Quarter 2014

The Numbers - Venture financing activity in New England increased modestly in the fourth quarter of 2014, with Seed and B/Later round activity increasing by 40% and 26%, respectively, over Q3 2014. For the second…more

Business Valuations, Clean Tech, Financing, Life Sciences, Seed Financing

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Pick Your Passion: State’s Trademark May Be Used To Criticize Its Governor

In Dardenne v. MoveOn.org, the Middle Louisiana Federal District Court faced a conflict between trademark protection, on the one hand, and the First Amendment’s protection of political advocacy, on the other. The Court…more

First Amendment, Likelihood of Confusion, Political Expression, Trademarks

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SDNY Applies Kiobel II and Holds Corporations May Be Liable under the Alien Tort Statute

In a mid-April decision in the In re: South African Apartheid Litigation, the Southern District of New York (“SDNY”) has tackled one of the most pressing legal questions left unanswered by the Supreme Court last year in Kiobel…more

Alien Tort Statute, Foreign Jurisdictions, Kiobel v. Royal Dutch Petroleum Co.

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Third Circuit Not Hospitable to Wyndham, Upholds FTC’s Broad Powers to Regulate Cybersecurity

Over one year ago, our colleague Chris Hart argued that the District of New Jersey court’s decision in FTC v. Wyndham Worldwide Corp. et. al., No. 13-1887-ES, “point[ed] to the possibility that the FTC has potentially broad…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Changes on the Horizon? IRS Announces New Plans to Recharacterize Management Fee Waiver Arrangements

On July 22, 2015, the IRS released proposed regulations that could limit the utility of “management fee waiver” arrangements (the “Proposed Regulations”). Management fees generally are taxable as compensation income. Typically,…more

Capital Gains, Clawbacks, Deferred Compensation, Fee Waivers, Fund Sponsors

See All Updates »

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 Right to be Forgotten: Another Scuffle between Google and The French Data Protection Authority

On 13 May 2014 the Court of Justice of the European Union (CJEU) issued a judgment which Google called a “landmark ruling” (Google v. Costeja Gonzalez case, C-131/12). The court held, based on the 95/46 Directive on protection…more

Data Privacy, Data Protection Authority, EU, EU Data Protection Laws, European Court of Justice

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Delaware Corporation Law Amended to Eliminate Need for Stockholder Approval of Back-End Merger following Successful Tender Offer

Recent amendments to the Delaware General Corporation Law (DGCL) include a new subsection that will, in many cases, eliminate the need to obtain stockholder approval of a back-end merger following a successful tender offer,…more

Mergers, Short-Form Mergers, Stockholders' Meetings, Tender Offers, Voting Rights

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SEC Issues Staff Legal Bulletin No. 20: Clarifying Disclosure Requirements For Proxy Advisory Firms

Background - On June 30, 2014, the SEC’s Divisions of Investment Management and Corporation Finance released Staff Legal Bulletin No. 20, a set of thirteen Questions and Answers offering guidance on..…more

Disclosure Requirements, Proxy Advisors, Proxy Solicitations, SEC, Securities Exchange Act

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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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Naming Your Sales Division “Replica Products” Is Never A Good Idea or How Not To Facilitate Counterfeiters

Here’s some advice for online marketplaces giving sellers a platform to hawk their wares: Do not name any of your sales divisions “Replica Products” or “Replica Retention.” Do not let your employees tell sellers…more

Counterfeit Goods Regulation, Counterfeiting

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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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RICO Indictment of NECC Executives for Acts of Second-Degree Murder

An Unprecedented Approach to Regulatory Violations - In December 2014, the United States Attorney for the District of Massachusetts obtained a sweeping indictment that charges business executives of the New England…more

C-Suite Executives, Corporate Counsel, Criminal Prosecution, Drug Compounding, Healthcare

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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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Molecular Diagnostics Clinical Utility Strategy: A Six-part Framework

Payers and technology assessments currently evaluate diagnostic tests in terms of three categories of information. These are “analytical validity” (the performance features of the test), “clinical validity” (the correlation…more

Clinical Laboratories, Clinical Trials, Technology

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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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Fifth Circuit Issues Important Ruling on Affirmative Action in Higher Education

Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at Austin…more

Affirmative Action, Appeals, College Admissions, Colleges, Discrimination

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Equity Crowdfunding Under Federal Law: Issuers

On October 23, 2013, the Securities and Exchange Commission released proposed rules for implementing the crowdfunding exemption from the Securities Act registration requirements that is set forth in the Jumpstart Our Business…more

Crowdfunding, Indiegogo, JOBS Act, Kickstarter, SEC

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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 Will Begin Accepting New H-1B Filings on April 1 for Fiscal Year 2015

On April 1, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting new H-1B petitions for employment commencing on October 1, 2014. New H-1B petitions are subject to an annual limit of 65,000 new…more

Foreign Workers, H-1B, USCIS, Visa Caps, Visas

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Venture Perspectives: Fourth Quarter 2014

The Numbers - Venture financing activity in New England increased modestly in the fourth quarter of 2014, with Seed and B/Later round activity increasing by 40% and 26%, respectively, over Q3 2014. For the second…more

Business Valuations, Clean Tech, Financing, Life Sciences, Seed Financing

See All Updates »

Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious…more

Abercrombie & Fitch, Discrimination, Dress Codes, EEOC, EEOC v Abercrombie

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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

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Foley Hoag Climate Update: July 2015

The previous update outlined the progress that the ten days of formal negotiations in Bonn from 1-11 June 2015 were intended to deliver. This latest update reflects on the outcomes from Bonn, and on the challenges and priorities…more

Carbon Emissions, Climate Change, EU, Greenhouse Gas Emissions, Intended Nationally Determined Contributions (INDC)

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Celebrity Trademark Watch: Can Taylor Swift Shake Off Accusations of Trademark Greed?

Had enough of Taylor Swift yet? For those of you who hate to love her, you might consider Swiftamine, because she is not going anywhere anytime soon. If anything, her media foot print continues to grow. And while one expects…more

Intent-to-Use, Music, Music Industry, Taylor Swift, 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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CERCLA Statute of Limitations Applies To Contribution Claims By A Party to a Private Settlement

Sometimes cases seem to be deciding issues that are so obvious it’s hard to figure out why they get any serious attention from the courts. One such case is ASARCO, LLC v. Celanese Chemical Company recently decided by the Ninth…more

CERCLA, Commercial Bankruptcy, Contribution Claims, Debtors, Dischargeable Debts

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SEC Division of Investment Management Issues Guidance on Personal Trade Reporting of Accounts Over Which Reporting Persons Have No Influence or Control

Under Rule 204A-1 of the Investment Advisers Act of 1940, a registered investment adviser’s written code of ethics must include requirements for reporting of personal securities holdings and trading activity by the adviser’s…more

Corporate Officers, Ethics, Investment Adviser, Investment Advisers Act of 1940, Non-Public Information

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FATCA: Crunch Time (April 25th Deadline is Imminent)

Every foreign entity must take steps immediately to determine whether FATCA will apply to it and, if so, whether FATCA registration will be required by April 25, 2014…more

Deadlines, FATCA

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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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Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious…more

Abercrombie & Fitch, Discrimination, Dress Codes, EEOC, EEOC v Abercrombie

See All Updates »

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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Department of Labor Proposes New Regulations Regarding “White Collar” Exemptions Under the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor (“DOL”) released a proposed rule which, if implemented, will alter the minimum salary threshold for the so-called “white collar” exemptions to the minimum wage and overtime…more

Barack Obama, Comment Period, DOL, Exempt-Employees, FLSA

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IRS Releases Streamlined Application for Tax-Exempt Status

The Internal Revenue Service (the “IRS”) has significantly streamlined the application process for small nonprofits seeking recognition as tax-exempt 501(c)(3) organizations through the release of a new application form on July…more

501(c)(3), Applications, IRS, Non-Profits, Tax Exempt Entities

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New Executive Order on Federal Sustainability Promotes Responsible Government Procurement Policies

In March, President Obama issued Executive Order 13693, “Planning for Federal Sustainability in the Next Decade.” It replaces and updates a number of Executive Orders and Memorandums, most notably replacing Executive Order 3514,…more

Barack Obama, DOE, EPA, Executive Orders, Federal Procurement Systems

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Pushing the Envelope on Initial Interest Confusion Claims — Multi Time Machine, Inc. v. Amazon.com

Consider this: You are shopping online and you type in the name of a brand of wristwatch. Perhaps you wanted to purchase that exact brand of watch, or perhaps you were looking for a selection of watches that included the brand…more

Amazon, False Advertising, Internet Retailers, Keyword Search, Lanham Act

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Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law - In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the Oregon’s…more

Attorney's Fees, Cartwright Act, Corporate Counsel, Demand Letter, Google

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A Tale Of Trade And Trademarks: General Cigar Co., Inc. v. Empresa Cubana Del Tabaco

The United States has taken several recent steps towards normalizing its ties with Cuba and, just yesterday, the two countries re-opened embassies in each other’s capitals for the first time since 1961. Despite these…more

Appeals, CACR, Cuba, Embargo, Exceptions

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Department of Education Issues Final Regulations on Campus Sex Offense Reporting and Training, While Leaving Some Key Issues Unresolved

On Monday, the Department of Education published final regulations on how colleges and universities should prevent, report, and respond to sexual offenses on campus. These regulations interpret changes recently made by Congress…more

Clery Act, Colleges, Dating Violence, Department of Education, Disclosure Requirements

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AIFMD: ESMA Recommends the First Wave of Non-EU Countries to Obtain a Europe-Wide Marketing Passport

On July 30, 2015, the European Securities and Markets Authority (ESMA) released its advice to the European Parliament, Council of the European Union and the European Commission on the application of the passport to non-EU…more

AIF, AIFM, AIFMD, ESMA, EU

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Top Eight Things You Should Know About the Hague System For International Registration of Designs

U.S. applicants will soon be able to use a streamlined international filing procedure for design patents similar to the Madrid Protocol for trademark registrations. Currently, U.S. applicants seeking to protect designs in…more

Design Patent, Foreign Patent Applications, Hague Agreement, Patent Applications, Patents

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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 Governor Charlie Baker Releases Solar Net Metering Bill

One week after the Massachusetts legislature departed for its summer recess, Governor Charlie Baker released net metering legislation to rival the Massachusetts Senate’s recent bill on August 7, 2015…more

Governor Baker, Net Metering, Pending Legislation, Solar Energy

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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

See All Updates »

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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The Madrid Protocol: Passage to India Now Open

We previously reported that India was scheduled to become the 90th member of the Madrid Protocol Concerning the International Registration of Trademarks (the “Protocol”). We noted that this was a gratifying prospect, since…more

Corruption, Madrid Protocol, Registration

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Foley Hoag Climate Update: July 2015

The previous update outlined the progress that the ten days of formal negotiations in Bonn from 1-11 June 2015 were intended to deliver. This latest update reflects on the outcomes from Bonn, and on the challenges and priorities…more

Carbon Emissions, Climate Change, EU, Greenhouse Gas Emissions, Intended Nationally Determined Contributions (INDC)

See All Updates »

Data Breach Prevention and Response: Avoiding Potential Pitfalls and Implementing Best Practices to Protect Your Company

In This Presentation: - Overview of data breach landscape - Data breach response ..Technical best practices ..Legal best practices - Data breach prevention ..Technical best practices ..Legal best…more

Best Management Practices, Data Breach, Data Protection, Risk Assessment, Risk Management

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Changes on the Horizon? IRS Announces New Plans to Recharacterize Management Fee Waiver Arrangements

On July 22, 2015, the IRS released proposed regulations that could limit the utility of “management fee waiver” arrangements (the “Proposed Regulations”). Management fees generally are taxable as compensation income. Typically,…more

Capital Gains, Clawbacks, Deferred Compensation, Fee Waivers, Fund Sponsors

See All Updates »

Federal Circuit’s En Banc Suprema Ruling Confirms the ITC’s Authority to Exclude Imported Goods Used to Directly Infringe in the United States

On August 10, 2015, the Federal Circuit held that under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) could exclude from the United States imported goods that, after importation, are used in an…more

Administrative Authority, Chevron Deference, Direct Infringement, En Banc Review, Imports

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Reflections on “Privacy in the Modern Age”

With the heart of the summer vacation season upon us, it seems like a good time for some reflection. Here, it comes in the form of excerpts from an essay by privacy maven, Deborah Hurley. The one time Director of the Harvard…more

Human Rights Code, Privacy Concerns, Privacy Laws, Right to Privacy

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Contact

Seaport West 155 Seaport Boulevard
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Contact: Audra Callanan

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