Foley Hoag LLP

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Seaport West
155 Seaport Boulevard
Boston, MA 02210, United States
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
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Locations
Other U.S. Locations
  • Colorado
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • France
Number of Attorneys
100+ Attorneys

Preparing to Comply with the SEC’s New Climate Rules

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted final rules relating to climate-related risks, which are available here. The new rules will require extensive new disclosures, which in turn will require…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

See all updates »

COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

See all updates »

Is a CID or Government Subpoena a Claim?

For many companies, particularly those in highly regulated industries, the receipt of a civil investigative demand (CID) or subpoena from the government can understandably trigger stress. What might not be top of mind is whether…more

Civil Investigation Demand, Commercial Insurance Policies, D&O Insurance, Insurance Industry, Insurance Litigation

See all updates »

Virginia Prepares to Accept Applications for a Single Medical Cannabis License for Health Service Area 1, Which Includes the Shenandoah Valley

Virginia’s HSA 1 Pharmaceutical Processor Permit - Effective January 1, 2024, the Virginia Cannabis Control Authority (CCA) assumed regulatory oversight of Virginia’s medical cannabis program. The CCA was established in 2021…more

Cannabis Products, Fees, License Applications, Medical Marijuana, Pharmaceutical Industry

See all updates »

The New York LLC Transparency Act (“NYLTA”) is Coming

Governor Kathy Hochul signed the law in December 2023 setting out disclosure requirements for limited liability companies (“LLCs”) organized or doing business in New York and creating a database of beneficial owners of New York…more

Beneficial Owner, Corporate Counsel, Corporate Transparency Act, Disclosure Requirements, Filing Requirements

See all updates »

Preparing to Comply with the SEC’s New Climate Rules

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted final rules relating to climate-related risks, which are available here. The new rules will require extensive new disclosures, which in turn will require…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

See all updates »

SEC Targets Issuers and Officers for Disclosure Violations Through Data Analytics

Just before the close of its fiscal year, the Securities and Exchange Commission (SEC) brought three noteworthy financial reporting cases against issuers that resulted from the agency’s increasingly sophisticated use of…more

Analytics, Disclosure, Division of Economic and Risk Analysis (DERA), Financial Reporting, Securities and Exchange Commission (SEC)

See all updates »

District Court Invalidates 340B Patient Definition in Genesis Case, Raising Questions About Program Scope

On Friday, November 3, 2023, the U.S. District Court for the District of South Carolina issued a long-awaited decision in Genesis Health Care, Inc. v. Becerra—a case dating back to 2017 contesting HRSA’s definition of “patient”…more

Healthcare, Healthcare Reform, HRSA, Patients, Rulemaking Process

See all updates »

NLRB Announces Broadened Standard for Determining Joint-Employer Status

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be…more

Collective Bargaining, Employer Liability Issues, Joint Employers, Labor Reform, Labor Regulations

See all updates »

The Corporate Transparency Act: An Overview of the Impact on Private Funds

What is the purpose of the Corporate Transparency Act (“CTA”)? Effective as of January 1, 2024, the Corporate Transparency Act (“CTA”) imposed new federal reporting obligations on certain companies, including potentially…more

Beneficial Owner, Business Entities, Corporate Transparency Act, FinCEN, Fund Managers

See all updates »

Department of Transportation Launches the Access to Capital Initiative

On October 17, 2023, the U.S. Small Business Administration (SBA) and the Department of Transportation (DoT) announced the rollout of the Access to Capital Initiative (ACI), a joint effort between the SBA and DoT to help…more

Department of Transportation (DOT), Investment, Private Equity, SBA, Small Business

See all updates »

Previewing SEC Enforcement in 2023

Takeaways: The SEC’s Division of Enforcement set record-highs in total money relief ordered and total civil penalties assessed in fiscal year 2022…more

Civil Monetary Penalty, Cryptoassets, Cryptocurrency, Enforcement, Environmental Social & Governance (ESG)

See all updates »

Product Liability Update - July 2021

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Appeals, Breach of Warranty, Design Defects, Failure To Warn, Federal Food Drug and Cosmetic Act (FFDCA)

See all updates »

Delaware Chancery Court Rules That Merger Agreement Termination Fee Not Exclusive Remedy Where Seller Accepts Superior Offer in Violation of No-Shop

In a decision of great interest in the M&A world, the Delaware Chancery Court recently ruled that a termination fee is not the exclusive remedy for a seller that accepts a higher offer in breach of a no-shop provision. Genuine…more

Acquisitions, Fees, Merger Agreements, Mergers, Termination Clauses

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Health Care Fraud Enforcement in 2024

This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... The government had another busy year in 2023 investigating and prosecuting health…more

CARES Act, Coronavirus/COVID-19, Data Privacy, Department of Justice (DOJ), Enforcement Actions

See all updates »

EMTALA Abortion Question Set Up for Supreme Court Review

As we’ve discussed in previous alerts (here and here), after the Supreme Court’s Dobbs decision, which eliminated the federal constitutional right to abortion and returned the question of abortion regulation to the states, the…more

Abortion, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, EMTALA, Healthcare

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Treasury and IRS Release Proposed Regulations on IRA’s Prevailing Wage and Apprenticeship Requirements

The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor…more

Apprenticeships, Corrections, Department of Labor (DOL), Hours of Service, Inflation Reduction Act (IRA)

See all updates »

Uxbridge Pays $12 Million to Settle HCA Spending Case: Are Cities and Towns Going to Provide More Refunds?

In a case followed by many, a CCC-licensed marijuana retailer has recovered over a million dollars in community impact fees under its Host Community Agreement (“HCA”) with the Town of Uxbridge (“Town”). In April of 2022,…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Litigation Strategies, Marijuana, Marijuana Related Businesses

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Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins..…more

Acquittals, Alstom, Appeals, Bribery, Corporate Counsel

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COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

See all updates »

Bankruptcy Appellate Panel Blocks Cannabis Employee’s Chapter 13 Relief but Rejects Bright-Line Bar of Eligibility to be a Debtor in a Federal Bankruptcy Case

In a March 2024 decision, the U.S. Bankruptcy Appellate Panel for the First Circuit (the “Panel”) followed existing case law prohibiting debtors in businesses related to cannabis from availing themselves of federal bankruptcy…more

Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Bankruptcy Preferences, Chapter 11

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Cannabis Rescheduling Will Not Open Bankruptcy Doors

As previously discussed by Foley Hoag’s attorneys in its Cannabis practice, a rescheduling of cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance will provide cannabis businesses with the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act, DEA

See all updates »

International Business and Human Rights Arbitration Proposal Gains Momentum

Between November 27-29, over 2,000 delegates gathered in Geneva to attend the UN Forum on Business and Human Rights. The central theme of this year’s Forum was “Realizing Access to Effective Remedy,” which is the third Pillar of…more

Arbitration, Corporate Social Responsibility, Human Rights, UN Guiding Principles, UNCITRAL

See all updates »

Final Private Fund Adviser Rules

On August 23, 2023, the Securities and Exchange Commission (the “SEC”) approved by a 3-2 vote a final rule enacting a series of wide-sweeping changes to the regulation of the private funds industry (the “Final Rule”). While the…more

Compliance, Disclosure Requirements, Final Rules, Fund Managers, Investment

See all updates »

The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law. Ciminelli presented the Court with…more

Criminal Convictions, Federal-Program Fraud, Intent to Obtain Money or Property, Right to Control, SCOTUS

See all updates »

Enforcement of U.S. Trade Sanctions and Export Controls in 2023 and What to Expect In 2024

This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here…more

Bureau of Industry and Security (BIS), Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

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

See all updates »

Massachusetts Attorney General Campbell Unveils Five-Year Strategic Plan

This is the first in our 2024 AGO in Action series examining Attorney General Andrea Campbell’s strategic goals and her progress throughout the coming year. We will be posting further installments in the series throughout the…more

Gun Laws, Legislative Agendas, Public Safety, Regulatory Agenda, State and Local Government

See all updates »

Memorial Day Re-Opening for Adult-Use Retail in Massachusetts

Massachusetts Governor Charlie Baker announced today that Massachusetts adult-use cannabis retail stores will be allowed to re-open for curbside pickup beginning on Memorial Day. The announcement was a part of the Governor’s…more

Cannabis-Related Businesses (CRBs), Cease and Desist Orders, Governor Baker, Mandatory Requirements, Marijuana Related Businesses

See all updates »

What the Real Estate Sector Needs to Know about the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19

See all updates »

SEC Adopts Amendments to Rule 14a-8 Eligibility Standards for Submission of Shareholder Proposals

The Securities and Exchange Commission (SEC) adopted amendments to Exchange Act Rule 14a-8, effective January 4, 2021 increasing the economic interest of the shareholder/proponent for eligibility to submit a shareholder proposal…more

Eligibility, New Amendments, Rule 14a-8, Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

“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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Planning for the BIOSECURE Act

Members from both parties in the House and Senate have introduced legislation in both houses (H.R. 7085 / S. 3558) to bar federal agencies from entering into: Contracts, loans, or grant agreements for biotechnology equipment…more

Biden Administration, Biotechnology, Legislative Agendas, Life Sciences, Proposed Legislation

See all updates »

Next Up for Massachusetts Building Emissions Reductions: Tackling the Clean Heat Challenge

This week, the Massachusetts Commission on Clean Heat released its final report. The report seeks to establish a framework for a long-term reduction in emissions from heating fuels, to align with the Commonwealth’s emissions…more

Clean Energy, Conflicts of Interest, Department of Energy (DOE), Energy Sector, Greenhouse Gas Emissions

See all updates »

COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

See all updates »

Tennessee v. BlackRock: How this Case Informs How We Look Back and Look Ahead at ESG

This is the final post in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... Politicians in Republican-led states have painted a target on environmental,…more

Antitrust Violations, Asset Management, BlackRock, Business Litigation, Consumer Protection Laws

See all updates »

Massachusetts Supreme Judicial Court Sets Joint Employer Standard for Wage Act Liability

On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws, Joint Employers, Labor Reform

See all updates »

The Fate of the Skinny Label: Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC

On May 15, 2023, the Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC et al., a case some argued had enormous implications for so-called “skinny labeling” practices amongst generic drug…more

Class Action, Generic Drugs, GlaxoSmithKline, Patent Infringement, Patent Litigation

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Massachusetts Angel Investor Tax Credit Program for Life Sciences Investments

Are you an investor who has or is interested in funding an early-stage life sciences company in Massachusetts? If so, we have good news. Massachusetts offers an Angel Investor Tax Credit program that could provide certain…more

Business Entities, Early Stage Companies, Investment, Investors, Securities and Exchange Commission (SEC)

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Main Street Lending Facilities under the CARES Act - Update #2

On June 8, 2020, the Board of Governors of the Federal Reserve System (the “Fed”) released improvements favorable to borrowers for its three lending programs (the “Main Street Facilities”) under the Coronavirus Aid, Relief and…more

Borrowers, CARES Act, Eligibility, Federal Funding, Federal Reserve

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COVID-19 Related Due Diligence for Life Sciences Companies

Equity Capital Markets are quiet right now given the COVID-19 pandemic. Less than a handful of IPOs priced last week and IPO activity is down almost 20% on a year over year basis. Life sciences initial public offerings have been…more

Clinical Trials, Coronavirus/COVID-19, Due Diligence, Initial Public Offering (IPO), Regulatory Authority

See all updates »

Enforcement of U.S. Trade Sanctions and Export Controls in 2023 and What to Expect In 2024

This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here…more

Bureau of Industry and Security (BIS), Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

See all updates »

Five Ways the Biden Administration Could Rescind or Reverse the Trump Administration’s Regulatory Actions

Various media outlets are reporting that President-elect Joe Biden already has plans to sign a series of executive orders shortly after being sworn into office in January. While some of these planned executive orders will…more

Administrative Procedure Act, Biden Administration, DACA, Executive Orders, Interim Final Rules (IFR)

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SEC Launches Enforcement Sweep for Violations of Section 13(d) and Section 16

On September 27, 2023, the SEC announced a series of enforcement actions against six officers, directors and major stockholders of public companies, as well as five companies, for repeated failures to report information…more

Business Ownership, Disclosure Requirements, Enforcement Actions, Failure to Report, Filing Requirements

See all updates »

Planning for the BIOSECURE Act

Members from both parties in the House and Senate have introduced legislation in both houses (H.R. 7085 / S. 3558) to bar federal agencies from entering into: Contracts, loans, or grant agreements for biotechnology equipment…more

Biden Administration, Biotechnology, Legislative Agendas, Life Sciences, Proposed Legislation

See all updates »

Massachusetts AG Campbell Issues Advisory on Artificial Intelligence

Last month, we recapped the recent activity of state Attorneys General in the artificial intelligence (AI) space, including relevant enforcement actions, state legislative and policy development, and coalition letters to…more

Anti-Discrimination Policies, Artificial Intelligence, Consumer Protection Laws, Data Security, Enforcement Actions

See all updates »

117th Congress to Target Private Entities with Increased Congressional Investigations

This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up next,…more

CARES Act, Congressional Investigations & Hearings, Coronavirus/COVID-19, Criminal Investigations, Legislative Agendas

See all updates »

EU Commission Issues Communication about GDPR

The EU Commission issued today a “Communication to the European Parliament and the Council” which is entitled “Data protection rules as a trust enabler in the EU and beyond- taking stock”, which outlines the current state of EU…more

Data Protection, Data Protection Authority, EU, EU Data Protection Laws, European Commission

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Massachusetts May “Decouple” From Section 280E

Section 280E of the Internal Revenue Code provides that no deduction or credit shall be allowed for any amount paid or incurred in carrying on any trade or business if such trade or business consists of trafficking in controlled…more

Business Taxes, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Internal Revenue Code (IRC), IRC Section 280E

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SCOTUS Overturns Decision on Bond Hearings for Detainees Subject to Indefinite Detention

Do noncitizens detained for a long time while their cases are pending have the right to a hearing to determine whether they can be released on bond? This was the question posed in the Jennings v. Rodriguez case, a constitutional…more

Bonds, Citizenship, Clear and Convincing Evidence, Constitutional Challenges, Detention

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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 Industry, Prescription Drugs

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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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Companies Should Beware of Employees Texting Business Communications

Text messaging is convenient.  It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. …more

Broker-Dealer, CFTC, Compliance, Confidential Communications, Department of Justice (DOJ)

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EU Advances First-in-Kind Carbon Removal Certification Framework

On February 20, 2024, the European Union (EU) announced a provisional political agreement to establish an EU-wide framework for voluntary certification of carbon dioxide removal (CDR) projects. This announcement, which marks a…more

Carbon Capture and Sequestration, Climate Action Plan, Climate Change, Energy Sector, EU

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Key Dates for the Main Environmental Legislations

All deadlines and measures which expire between March 12th,2020 and June 23rd, 2020 shall be suspended in whole or in part during this Statutory Period or shall have their expiration date postponed..…more

Deadlines, EU, France, Legislative Agendas

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Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several…more

Academic Misconduct, Activist, Antitrust Division, Colleges, Department of Justice (DOJ)

See all updates »

Cell-Cultivated Chicken Approved for Sale in the U.S. Market for the First Time

As of June 21, 2023, two food companies have received a grant of inspection from the U.S. Department of Agriculture (USDA) for their cell-cultivated chicken. This means the two companies, GOOD Meat (a division of Eat Just, Inc.)…more

Food Manufacturers, Food Safety and Inspection Service (FSIS), Food Supply, Poultry, Regulatory Agenda

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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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Navigating the International Trade & National Security Landscape

The centrality of international trade laws in the development and execution of U.S. foreign policy has never been more evident than in 2022. Companies that have not invested in international trade compliance programs are behind…more

Belarus, Biden Administration, Bureau of Industry and Security (BIS), CFIUS, China

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What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation,…more

California, Carbon Capture and Sequestration, Clean Air Act, Climate Change, Disclosure Requirements

See all updates »

Massachusetts Attorney General Campbell Unveils Five-Year Strategic Plan

This is the first in our 2024 AGO in Action series examining Attorney General Andrea Campbell’s strategic goals and her progress throughout the coming year. We will be posting further installments in the series throughout the…more

Gun Laws, Legislative Agendas, Public Safety, Regulatory Agenda, State and Local Government

See all updates »

State backed financial support for businesses and start ups

April 10, 2020 On March 25, 2020, the French Government has - through the French public investment bank BPI - launched a program of State-guaranteed loans (“prêts garantis par l’Etat”) in order to help French-based businesses to…more

Coronavirus/COVID-19, EU, France, Loans, Relief Measures

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Federal Cryptocurrency Enforcement in 2023

This is the eighth part in our 2023 series examining important trends in white collar law and investigations. Up next: anti-corruption. The tumultuous crypto events of 2022, combined with the heightened agency and executive…more

Blockchain, CFTC, Cryptocurrency, Department of Justice (DOJ), Digital Currency

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DOL Issues Final Rule on Proxy Voting by ERISA Plans

The U.S. Department of Labor (the “DOL”) recently issued a final rule (the “Final Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) to clarify plan fiduciaries’ duties with respect to proxy voting and…more

Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Final Rules, Proxy Voting Guidelines

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Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

See all updates »

CCC Proposes Regulatory Amendments to Clarify New Host Community Agreement Requirements and Limitations on Community Impact Fees

The Cannabis Control Commission (“CCC”) has proposed multiple amendments to its existing regulations, including a proposed amendment adding a new section to its regulations entitled “Host Community Agreement Requirements for…more

Amended Regulation, Cannabis Products, Cannabis-Related Businesses (CRBs), Fees, Filing Requirements

See all updates »

Planning for the BIOSECURE Act

Members from both parties in the House and Senate have introduced legislation in both houses (H.R. 7085 / S. 3558) to bar federal agencies from entering into: Contracts, loans, or grant agreements for biotechnology equipment…more

Biden Administration, Biotechnology, Legislative Agendas, Life Sciences, Proposed Legislation

See all updates »

Upcycling at the Super Bowl

As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item…more

Consumer Confusion, Fashion Branding, Goods or Services, Intellectual Property Protection, IP License

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COVID-19 Advisory – Renewed Focus on Force Majeure Clauses

More has probably been written in the last three weeks about force majeure clauses than in the prior decade combined. Long relegated to the back end of contracts amongst other rarely read, much less invoked, provisions, force…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

See all updates »

Office of the Massachusetts Attorney General – 2022 Preview

This is the fourth post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in tax enforcement. Up next: trends in sanctions & export controls enforcement…more

Climate Change, Enforcement Actions, Environmental Protection Agency (EPA), Healthcare Fraud, State Attorneys General

See all updates »

10th Circuit Invalidates Oklahoma Pharmacy Network Law as Applied to ERISA and Medicare Part D Plans

The U.S. Court of Appeals for the 10th Circuit issued a sweeping decision that (1) maintains long-standing federal protections for employer and union-sponsored health plans to design their health benefit plans, including…more

Appeals, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Medicare Advantage

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Delaware Court of Chancery Invalidates Certain Rights in Stockholder Agreement Sidelining Board of Directors

On February 23, 2024, the Court issued an opinion3 invalidating certain provisions of a stockholder agreement, which, in part, contractually constrain the Board’s discretion to exercise control over the business and affairs of…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Newest Lawsuit Against the Maryland Cannabis Administration Seeks Injunction for Talbot County Dispensary Lottery Because of Delays and Computer System Errors

Another aspiring cannabis license applicant has filed a lawsuit against the Maryland Cannabis Administration (MCA) and is seeking an injunction that could further delay the issuance of new adult-use cannabis licenses in…more

Business Litigation, Cannabis-Related Businesses (CRBs), Class Action, Dispensaries, License Applications

See all updates »

Health Care Fraud Enforcement in 2024

This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... The government had another busy year in 2023 investigating and prosecuting health…more

CARES Act, Coronavirus/COVID-19, Data Privacy, Department of Justice (DOJ), Enforcement Actions

See all updates »

Employers Should Revisit Their Non-Compete Agreements for 2023

In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use of…more

Assignment of Inventions, Confidentiality Agreements, Employees, Employer Liability Issues, Employment Contract

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Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

See all updates »

Foley Hoag Secures Victory for City of South Portland in Lawsuit Challenging its Clear Skies Ordinance

Federal Court Rules Statute Banning the Bulk Loading of Crude Oil Is Constitutional - Foley Hoag LLP successfully represented the City of South Portland, Maine in a federal lawsuit aiming to overturn the City’s Clear Skies…more

Commerce Clause, Crude Oil, Local Ordinance, Oil & Gas, Zoning Laws

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EPA’s Office of Land and Emergency Management Commits to Environmental Justice

Federal agencies continue to roll out plans to address environmental justice issues, which has become a focal point in the Biden administration’s agenda. Now that the Inflation Reduction Act of 2022 (IRA) is in effect, federal…more

Climate Change, Environmental Justice, Environmental Protection Agency (EPA), EPA Appeals Board, Inflation Reduction Act (IRA)

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SEC Amends “Accredited Investor” Definition

On August 26, 2020, the Securities and Exchange Commission (“SEC”) amended the definition of “accredited investor,” one of the principal tests for determining eligibility for participation in private placements of securities…more

Accredited Investors, Family Offices, Investment Advisers Act of 1940, Investment Company Act of 1940, Limited Liability Company (LLC)

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Product Liability Update - April 2024

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Failure To Warn, Gun Laws, Gun Manufacturers, Indemnification, Manufacturing Defects

See all updates »

COVID-19 M&A Closing Considerations

Even though we are in the early days of assessing the impact of the COVID-19 pandemic on mergers and acquisitions, much has already been written about the extent to which this crisis could amount to a material adverse change…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Material Adverse Change Clauses (MACs), Merger Agreements

See all updates »

Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion

The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law…more

Citizen Suits, Clean Air Act, Dismissals, Enforcement Actions, Environmental Protection Agency (EPA)

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Supreme Court Clarifies When Job Transfers Can Serve as a Basis for Title VII Claims

On April 17, 2024, the Supreme Court issued a unanimous decision in Muldrow v. St. Louis that rejected a heightened injury standard for Title VII claims based on job transfers and held that employees alleging discrimination…more

Civil Rights Act, Discrimination, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues

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Déjà Vu: the Supreme Court Ignores the Solicitor General’s Invitation to Revisit Section 101 . . . Again.

On May 15, 2023, the U.S. Supreme Court denied two highly watched petitions for certiorari, refusing to hear cases that dealt with the patent eligible subject matter requirement of 35 U.S.C. § 101. The Supreme Court’s…more

Alice/Mayo, Denial of Certiorari, Patent-Eligible Subject Matter, Petition for Writ of Certiorari, SCOTUS

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SCOTUS Resolves Circuit Split on How to Assess Domestic Injury Under RICO

In Yegiazaryan v. Smagin, the Supreme Court of the United States built upon its decision in RJR Nabisco, Inc. v. European Community, which concerned whether the Racketeer Influenced and Corrupt Organizations Act (“RICO”) …more

Domestic Injury, Extraterritoriality Rules, RICO, RJR Nabisco v European Community, SCOTUS

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President Trump Issues Proclamation Suspending Issuance of Immigrant Visas for 60 Days, with Numerous Exceptions

On Wednesday, April 22, President Donald Trump signed a Proclamation suspending the issuance of new immigrant visas in an effort to limit job competition as the U.S. economy reels from the COVID-19 pandemic. The President’s…more

Coronavirus/COVID-19, Executive Orders, Immigration Procedures, International Travel, Travel Ban

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Reminder: Compliance Date for NFA's Swaps Proficiency Requirements is January 31, 2021

As a reminder, the compliance date for the National Futures Association’s (NFA) Swaps Proficiency Requirements is January 31, 2021. NFA Members with associated persons (AP) required to satisfy NFA's Swaps Proficiency…more

Compliance, Major Swap Participants, NFA, Required Documentation, Swap Dealers

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NLRB Upends 50 Years of Precedent, Narrows Employer Options for Secret Ballot Elections in Union Organizing Campaigns

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex Construction…more

Collective Bargaining, Employer Liability Issues, Labor Regulations, Labor Relations, NLRB

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Securing Site Control in Cannabis Licensing

In most jurisdictions, applicants need to evidence some form of site control of the location for which they are seeking to secure a license to operate a cannabis facility. While some jurisdictions allow provisional applications…more

Cannabis-Related Businesses (CRBs), Jurisdiction, Licensing Rules, Real Estate Transactions

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SEC to Continue Aggressive Enforcement Efforts in 2024 After Record-Setting 2023

This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several…more

Board of Directors, Corporate Counsel, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

What Elementary and Secondary Schools with IDEA Students Need to Know about the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19, Education Stabilization Fund (ESF), Financial Stimulus, IDEA

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DOJ Announces New Cyber-Fraud Initiative Promoting False Claims Act Enforcement Against Contractors and Grantees Failing to Follow Cybersecurity Standards

As we anticipated last spring, the Department of Justice (DOJ) has signaled that it will utilize civil enforcement of the False Claims Act (FCA) to address new and emerging cybersecurity threats. On October 6, 2021, Deputy…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Privacy, Data Protection

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Product Liability Update - April 2024

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Failure To Warn, Gun Laws, Gun Manufacturers, Indemnification, Manufacturing Defects

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SCOTUS Overturns Decision on Bond Hearings for Detainees Subject to Indefinite Detention

Do noncitizens detained for a long time while their cases are pending have the right to a hearing to determine whether they can be released on bond? This was the question posed in the Jennings v. Rodriguez case, a constitutional…more

Bonds, Citizenship, Clear and Convincing Evidence, Constitutional Challenges, Detention

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NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission…more

Clean Energy, Electricity, Energy Policy, Energy Projects, FERC

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Enforcement of U.S. Trade Sanctions and Export Controls in 2023 and What to Expect In 2024

This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here…more

Bureau of Industry and Security (BIS), Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

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CBP Issues WRO on Work Gloves Manufactured by Chinese Company

On April 10, 2024, U.S. Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) on a Chinese company, Shanghai Select Safety Products Co., Ltd. (“Shanghai Select”) and its two subsidiaries, Select (Nantong…more

China, Customs and Border Protection, Goods or Services, Human Rights, Importers

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SEC Division of Examinations Issues 2022 Examination Priorities

On March 30, 2022, the U.S. Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) (formerly the Office of Compliance Inspections and Examinations) published its annual examination priorities for…more

Broker-Dealer, Digital Assets, Disclosure Requirements, Emerging Technologies, Enforcement Actions

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Alabama Federal District Court Declares Corporate Transparency Act Unconstitutional

The U.S. Federal District Court for the District of Alabama (the “District Court”) ruled on March 1, 2024, that the Corporate Transparency Act (“CTA”) was unconstitutional. Presiding over the case was Judge Liles Burke, who…more

Alabama, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, Filing Deadlines

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Key Dates for the Main Environmental Legislations

All deadlines and measures which expire between March 12th,2020 and June 23rd, 2020 shall be suspended in whole or in part during this Statutory Period or shall have their expiration date postponed..…more

Deadlines, EU, France, Legislative Agendas

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In Search of Harmonization: FDA Finalizes Device CGMP Regulation Harmonization with ISO 13485:2016

On February 2, 2024, FDA finalized its nearly two-year-long process to harmonize QS regulations with ISO standards. As we mentioned when FDA proposed the harmonization in 2022, this update represents the first update to the QS…more

CGMP, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA), ISOs

See all updates »

NYC Enacts Law Prohibiting Discrimination Based on Height and Weight

On November 22, 2023, New York City’s law banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and/or weight went into effect. The law, signed on May 26, 2023 by Mayor…more

Anti-Discrimination Policies, City of New York, Discrimination, Employees, Employer Liability Issues

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Healthcare Issues to Watch Following the FY2024 Spending Deal

Six months into the fiscal year, Congress has finally passed FY2024 appropriations. It was a painstaking process, which many expected to include policy victories that both sides could celebrate. Instead, the spring work period…more

Artificial Intelligence, Biotechnology, Congressional Committees, Coronavirus/COVID-19, Healthcare

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Product Liability Update - April 2024

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New…more

Failure To Warn, Gun Laws, Gun Manufacturers, Indemnification, Manufacturing Defects

See all updates »

Department of Transportation Launches the Access to Capital Initiative

On October 17, 2023, the U.S. Small Business Administration (SBA) and the Department of Transportation (DoT) announced the rollout of the Access to Capital Initiative (ACI), a joint effort between the SBA and DoT to help…more

Department of Transportation (DOT), Investment, Private Equity, SBA, Small Business

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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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Milan: Where Life Sciences Patents Are Now in Fashion

As of June 2024, Milan will begin hearing cases regarding patents classified in IPC Section (A), which includes pharmaceuticals. Milan will have competence to hear revocation actions, as well as actions for declaration of…more

Italy, Life Sciences, Patents, Pharmaceutical Patents, Supplementary Protection Certificate

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Stay of SEC’s Climate Rules Lifted (for now)

The Eighth Circuit has the power to reimpose the stay, either on the same or different terms. Companies affected by the climate rules should continue to monitor the case for further developments…more

Appeals, Climate Action Plan, Climate Change, New Rules, Securities and Exchange Commission (SEC)

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CCC Holds Public Hearing on Proposed Host Community Agreement Requirements

On September 8, 2023, the Cannabis Control Commission (“CCC”) held a hearing to discuss its proposed regulations, which were published in the Massachusetts Register on August 16. The regulations, which we discussed in a previous…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Licenses, Marijuana

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Employers Should Revisit Their Non-Compete Agreements for 2023

In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use of…more

Assignment of Inventions, Confidentiality Agreements, Employees, Employer Liability Issues, Employment Contract

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Second 83C Offshore Wind RFP Submitted to Massachusetts DPU for Approval

The Massachusetts electric distribution companies (“Distribution Companies”), together with the Massachusetts Department of Energy Resources, have asked the Massachusetts Department of Public Utilities to approve a second…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Sector, Offshore Wind

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SEC to Continue Aggressive Enforcement Efforts in 2024 After Record-Setting 2023

This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several…more

Board of Directors, Corporate Counsel, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

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

INVESTMENT ADVISERS - Annual Compliance Reviews - All investment advisers registered with the Securities and Exchange Commission (“SEC”) or at the state level are required to review their compliance policies and procedures…more

Commodity Pool, Commodity Trading Advisors (CTAs), Exemptions, Filing Deadlines, Filing Requirements

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President Biden’s “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration’s ESG Commitments

On May 20, 2021, President Biden signed an Executive Order to address predicted financial instability in the federal government as a result of climate change. This Executive Order showcases a dramatic change in how the Biden…more

Biden Administration, Climate Change, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Policies

See all updates »

Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

See all updates »

Gang of Six Introduces Historic 340B “Discussion Draft” Legislation

On February 2, 2024, the “gang of six”—a bipartisan group of six senators who have traditionally championed reforms to the 340B program1 —introduced a discussion draft of a bill that would modify the program that provides safety…more

Drug Pricing, Legislative Agendas, New Legislation, Pharmaceutical Industry, Pharmacies

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Mass. AG: Municipal Prohibition of Stand-alone Battery Storage Systems Violates State Law

The Massachusetts Attorney General recently issued a written opinion denying approval of a zoning bylaw amendment passed by the Town of Wendell, which would have prohibited stand-alone battery energy storage facilities in all…more

Battery, Energy Sector, Energy Storage, Municipalities, State and Local Government

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

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State Data Privacy Law Development Proceeds Apace

2023 is turning out to be the year of the state privacy law, including new laws in five states with the possibility of more to come.  Indeed, in recent days both Indiana and Iowa have likewise passed new statutes, which we will…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Covered Entities

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U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

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CMS Final Rule Requires Prescription Drug Pricing Transparency in DTC Advertising

On May 8, 2019, the Centers for Medicare & Medicaid Services (“CMS”) finalized the regulation (“Final Rule” or “DTC Rule”) requiring direct-to-consumer (“DTC”) prescription drug television advertisements to include the wholesale…more

Acquisitions, Advertising, Centers for Medicare & Medicaid Services (CMS), Direct to Consumer Sales, Drug Pricing

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Congress Expands SEC’s Disgorgement Power in Defense Spending Bill

On January 1, 2021, Congress significantly expanded the SEC’s authority to seek disgorgement as a remedy for violations of the federal securities laws, responding to recent decisions by the U.S. Supreme Court that had limited…more

Consolidated Appropriations Act (CAA), Disgorgement, Enforcement Actions, Kokesh v SEC, Liu v Securities and Exchange Commission

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Semiconductor Technology Pilot Program Provides Opportunity to Accelerate Patent Examination

The Chips Act seeks to jump-start semiconductor development in the United States. Last week, the Patent Office has promulgated the Semiconductor Technology Pilot Program (STPP) to further the goals of the Chips Act…more

Claim Construction, Coopertive Patent Classification System, Federal Pilot Programs, Patent Applications, Patent Litigation

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Massachusetts Issues Marketing Rule Reminder

On November 4, 2022, the U.S. Securities and Exchange Commission (the “SEC”) began enforcing its updated advertising requirements for federally registered advisers. Those rules, described in greater detail here, represented a…more

Advertising, Investment, Investment Adviser, Marketing, New Guidance

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

See all updates »

U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

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Is Your Company’s Board of Directors Cyber Savvy?

Every company should expect that at some point it will experience a data breach. Whether as a result of hackers, disgruntled employees, or careless acts such as losing an unencrypted phone or laptop, data breaches may subject…more

Best Practices, Board of Directors, Chief Information Officers (CIO), Corporate Governance, Cyber Attacks

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SEC Enforcement Co-Director Provides Update on Priorities During Pandemic: Takeaways for Issuers, Investment Advisers and Investment Companies

Following up on previous guidance, Steven Peikin, Co-Director of the SEC Division of Enforcement (“Enforcement”), provided updated detail on Enforcement’s response to the COVID-19 pandemic in a virtual keynote address last month…more

Coronavirus/COVID-19, Enforcement Actions, Fraud, Insider Trading, Market Manipulation

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New York On the Fast Track for Cannabis License Application Submission

As will be discussed in greater detail by the Foley Hoag’s cannabis practice team on its webinar scheduled for September 13, 2023, the New York Cannabis Control Board (“CCB”) and Office of Cannabis Management (“OCM”) took…more

Agribusiness, Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries

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EPA Designates PFAS as Hazardous Substances; EPA Is More Confident Than I Am that the Sky Isn't Fall

Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with the…more

CERCLA, Contamination, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA)

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Biden Administration Targets Chinese Solar Power Industry Over Human Rights Abuses

As predicted in our recent article in Power Magazine related to international trade risks facing the clean energy industry, the Biden administration took action against several Chinese companies involved in the solar power…more

Biden Administration, China, Customs and Border Protection, Export Administration Regulations (EAR), Forced Labor

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How Do You Like Them Apple (Trademarks)? Malus Musings on Brand Protection

With “spooky season” dominating October holiday talk, it’s easy to forget poor old National Apple Day or simply Apple Day, which took place last Saturday and is observed every October 21. According to Wikipedia, one can…more

Brand, Copyright, Intellectual Property Protection, IP License, Patents

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117th Congress to Target Private Entities with Increased Congressional Investigations

This is the fourth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed anti-corruption enforcement. Up next,…more

CARES Act, Congressional Investigations & Hearings, Coronavirus/COVID-19, Criminal Investigations, Legislative Agendas

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Companies Should Beware of Employees Texting Business Communications

Text messaging is convenient.  It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. …more

Broker-Dealer, CFTC, Compliance, Confidential Communications, Department of Justice (DOJ)

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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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New York Restricts Employer Access to Employee Social Media Accounts

On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social media…more

Disciplinary Proceedings, Employer Rights, Hiring & Firing, Job Applicants, New Legislation

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What Elementary and Secondary Schools with IDEA Students Need to Know about the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19, Education Stabilization Fund (ESF), Financial Stimulus, IDEA

See all updates »

Infrastructure Package Makes New Investments in the Electric Transportation Future

The Infrastructure Investment and Jobs Act signed into law today not only makes critical investments in our core infrastructure, it creates several new programs to support the increasing electrification of the transportation…more

Automotive Industry, Biden Administration, Charging Stations, Clean Energy, Climate Change

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Regulating the Impossible Dream: NRC decision streamlines efforts to commercialize fusion

On April 13, 2023, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal that will accelerate the commercialization of fusion energy in the United States. Specifically, the NRC determined that…more

Energy Projects, Energy Sector, Environmental Protection Agency (EPA), Nuclear Energy Innovation and Modernization Act (NEIMA), Nuclear Fusion

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President Biden’s “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration’s ESG Commitments

On May 20, 2021, President Biden signed an Executive Order to address predicted financial instability in the federal government as a result of climate change. This Executive Order showcases a dramatic change in how the Biden…more

Biden Administration, Climate Change, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Policies

See all updates »

Former University of Kansas Professor Sentenced for Making False Statements on Conflict of Interest Disclosure Form

Last month, former University of Kansas Professor Feng “Franklin” Tao was sentenced to time served and two years of supervised release for making false statements in the University of Kansas’s conflict of interest and commitment…more

China, Conflicts of Interest, Convictions, Criminal Sanctions, Disclosure Requirements

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USPTO Announces Revised Guidance for Determining Subject Matter Eligibility

The U.S. Patent and Trademark Office (USPTO) issued new guidance effective January 7, 2019 to its examiners and administrative judges for evaluating what inventions are eligible for patenting under 35 U.S.C. § 101. The guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, USPTO

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SEC to Continue Aggressive Enforcement Efforts in 2024 After Record-Setting 2023

This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several…more

Board of Directors, Corporate Counsel, Corporate Governance, Cybersecurity, Disclosure Requirements

See all updates »

Updated: Department of Labor Issues Final Rule Regarding FLSA Tip Regulations

UPDATE: The Biden administration has announced that the implementation of this rule will be delayed by 60 days to provide for further review. Originally scheduled to go into effect on March 1, 2021, the rule now has an…more

Biden Administration, Deadlines, Delays, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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Recent Biden Administration Actions on Access to Medication Abortion

In the first week of 2023, the Biden administration announced two actions centered on expanding access to medication abortion. The first involves a policy change by the FDA regarding the ability of retail pharmacies to dispense…more

Abortion, Biden Administration, Department of Justice (DOJ), Food and Drug Administration (FDA), New Legislation

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Five Trademark Questions to Ask in the New Year

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. It misses you! Here are a few productive questions to ask: 1. Do your registrations cover your reality? You…more

Audits, Best Practices, Brand, Business Strategies, Filing Deadlines

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Paycheck Protection Program

So you’ve retained funds provided under the SBA Paycheck Protection Program in the CARES Act. What next? We’ve compiled a checklist to maintain your compliance with the program’s conditions and reduce the risk of audit issues,…more

CARES Act, Federal Loans, Paycheck Protection Program (PPP), Relief Measures, SBA

See all updates »

In Search of Harmonization: FDA Finalizes Device CGMP Regulation Harmonization with ISO 13485:2016

On February 2, 2024, FDA finalized its nearly two-year-long process to harmonize QS regulations with ISO standards. As we mentioned when FDA proposed the harmonization in 2022, this update represents the first update to the QS…more

CGMP, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA), ISOs

See all updates »

Supreme Court Holds that Confidential Sales Still Qualify as Patent Prior Art

Earlier this week, the Supreme Court issued a unanimous opinion in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., clarifying that a commercial sale of an invention more than one year before a patent application is filed is…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Corporate Counsel

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IRS Issues Guidance and Requests Comment on Provisional Emission Rate Process for Hydrogen Tax Credit

On April 10, 2024, Department of Treasury and the Internal Revenue Service (collectively, “IRS”) issued further guidance on the “Provisional Emission Rate” or “PER” process for the Inflation Reduction Act’s (“IRA”) Hydrogen…more

Clean Energy, Climate Change, Comment Period, Department of Energy (DOE), Greenhouse Gas Emissions

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PTO Provides Guidance on Inventions Created with Help from Artificial Intelligence

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive Order…more

Artificial Intelligence, Comment Period, Executive Orders, Inventions, Inventors

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FERC April 2024 Open Meeting and May 2024 Open Meeting Preview

On Thursday, April 18, 2024, in a departure from normal procedure, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two Sunshine Act Meeting Notices, publishing agendas for both the April 25, 2024…more

Certificate of Public Convenience and Necessity, Electricity, Energy Sector, FERC, MISO

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Paycheck Protection Program Flexibility Act – Updates to the PPP

On June 5, 2020, the President signed the Paycheck Protection Flexibility Act of 2020 (the “Act”), which modifies certain provisions of the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) enacted on March 27,…more

Borrowers, CARES Act, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Oral Arguments in FDA v. Alliance for Hippocratic Medicine: Mifepristone Case Likely to Turn on Article III Standing Requirements

Nearly two years after the Court overturned Roe v. Wade in June 2022, additional challenges are being brought that may limit access to abortion in the U.S. Mifepristone was originally approved in 2000 by the U.S. Food and Drug…more

Abortion, Alliance for Hippocratic Medicine v Food and Drug Administration, Article III, Food and Drug Administration (FDA), Oral Argument

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Biden-Harris Administration Publishes Priorities for Permitting Reform to Build Clean Energy “Faster, Safer, and Cleaner”

Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America’s energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an…more

Biden Administration, Clean Energy, Climate Change, Energy Policy, Environmental Assessments

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The American Rescue Plan Act of 2021: Understanding the Key Provisions Impacting Employers

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law. In addition to providing nearly $2 trillion of monetary relief for individuals and business sectors impacted by the COVID-19…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, COBRA, Consolidated Appropriations Act (CAA)

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Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

See all updates »

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

Fair Labor Standards Act (FLSA), Hospitality Industry, IRS, Service Charges, Tips

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IRS Issues Initial Guidance on Investment Tax Credits for Qualifying Advanced Energy Projects

On February 13, 2023, the Treasury Department and the IRS provided initial guidance regarding the § 48C credit renewed by the IRA. Under § 48C, the IRS may allocate credits for qualified investments in an eligible qualifying…more

Department of Energy (DOE), Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS

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The DOJ, SEC, Insider Trading, and Data Analysis

A year ago, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) heralded data analytics in announcing parallel insider trading actions against a senior executive at a pharmaceutical company…more

Analytics, Department of Justice (DOJ), Enforcement Actions, Insider Trading, Investment Schemes

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The Fate of the Skinny Label: Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC

On May 15, 2023, the Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC et al., a case some argued had enormous implications for so-called “skinny labeling” practices amongst generic drug…more

Class Action, Generic Drugs, GlaxoSmithKline, Patent Infringement, Patent Litigation

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Paycheck Protection Program

So you’ve retained funds provided under the SBA Paycheck Protection Program in the CARES Act. What next? We’ve compiled a checklist to maintain your compliance with the program’s conditions and reduce the risk of audit issues,…more

CARES Act, Federal Loans, Paycheck Protection Program (PPP), Relief Measures, SBA

See all updates »

The U.S. Small Business Administration Releases Paycheck Protection Program Interim Regulations

On April 2, 2020, the U.S. Small Business Administration (the “SBA”) issued a new interim final rule that provides implementation guidelines for interpreting its Paycheck Protection Program (“PPP”). As discussed in our main…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), SBA

See all updates »

Art Exhibitions Get Complicated: When an American Museum Borrows Art from Abroad, Can A Putative Owner Sue in U.S. Court to Claim the Piece? The Court of Appeals for the Sixth Circuit Seems to Think

As we walk through art museums, admiring the paintings, sculptures, and artifacts, we (sometimes) read the little cards that explain each piece and identify who donated or loaned it to the museum. We might not pay much attention…more

Appeals, Art, Asset Seizure, Class Action, Immunity

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10th Circuit Invalidates Oklahoma Pharmacy Network Law as Applied to ERISA and Medicare Part D Plans

The U.S. Court of Appeals for the 10th Circuit issued a sweeping decision that (1) maintains long-standing federal protections for employer and union-sponsored health plans to design their health benefit plans, including…more

Appeals, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Medicare Advantage

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Massachusetts’ New Attorney General – A Look Back and a Look Ahead at the Year Ahead

This is the second in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several weeks…more

Education Reform, Gun Laws, Healthcare Fraud, Healthcare Reform, Labor Law Violations

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How Original! The Oscars and the Craft of Derivative Works

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how…more

Copyright, Copyright Litigation, Copyright Ownership, Derivative Works, Film Industry

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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, Securities and Exchange Commission (SEC)

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Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Most of us were thrilled to see the calendar turn to 2021 on January 1, closing the chapter on what was an extremely challenging year around the globe. Now that we are a month into the new year, and the fireworks have faded and…more

Copyright, Corporate Counsel, EU, Fees, Intellectual Property Protection

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Federal Circuit Improves the Short-Term “Forecast” for the Doctrine of Equivalents

On Tuesday, September 3, 2019, in response to a petition for rehearing en banc, the Federal Circuit issued an order withdrawing language in the panel decision in Amgen Inc. v. Sandoz Inc., 2018-1551, stating that the doctrine of…more

Doctrine of Equivalents, En Banc Review, Patent Infringement, Patents, Sandoz v Amgen

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EV Roundup - March 2024

Our last quarterly EV Roundup checked in on states’ efforts to deploy a national network of EV charging infrastructure under the National Electric Vehicle Initiative (“NEVI”) and highlighted industry moves to facilitate a…more

Charging Stations, Electric Vehicles, Energy Policy, Energy Sector, Federal Highway Administration

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Maine Public Utilities Commission Request for Proposals for the Sale of Energy or Renewable Energy Credits from Qualifying Renewable Resources (Tranche 1)

On February 14, 2020, the State of Maine Public Utilities Commission (the Commission), acting pursuant to the Act To Reform Maine’s Renewable Portfolio Standard, P.L. 2019, Chapter 477 (the Act), issued a Request for Proposal…more

Public Utilities Commission, Renewable Energy, Renewable Portfolio Standards, Request for Proposals, Utilities Sector

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Delaware Court of Chancery Invalidates Certain Rights in Stockholder Agreement Sidelining Board of Directors

On February 23, 2024, the Court issued an opinion3 invalidating certain provisions of a stockholder agreement, which, in part, contractually constrain the Board’s discretion to exercise control over the business and affairs of…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Gang of Six Introduces Historic 340B “Discussion Draft” Legislation

On February 2, 2024, the “gang of six”—a bipartisan group of six senators who have traditionally championed reforms to the 340B program1 —introduced a discussion draft of a bill that would modify the program that provides safety…more

Drug Pricing, Legislative Agendas, New Legislation, Pharmaceutical Industry, Pharmacies

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OFAC Releases Guidance Regarding Prohibition on New Investment in Russia and Provides Further Clarifications Regarding Investments in Chinese Military-Industrial Complex Companies

I. OFAC Publishes FAQs Addressing Ban on New Investment in Russia On April 6, 2022, President Biden signed Executive Order (“EO”) 14071, which prohibits all “new investment in the Russian Federation by a United States…more

China, Economic Sanctions, Financial Institutions, Financial Services Industry, Investment

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The Supreme Court Unanimously Rejects Broad Interpretation of Wire Fraud Statute

On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law. Ciminelli presented the Court with…more

Criminal Convictions, Federal-Program Fraud, Intent to Obtain Money or Property, Right to Control, SCOTUS

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DOL Issues Proposed Amendment to Investment Advice Fiduciary Regulation

On October 31, 2023, the Department of Labor (“DOL”) issued a much-anticipated proposal to amend its 1975 “investment advice fiduciary” regulation, which defines when a person who provides investment advice for a fee or other…more

Broker-Dealer, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Semiconductor Technology Pilot Program Provides Opportunity to Accelerate Patent Examination

The Chips Act seeks to jump-start semiconductor development in the United States. Last week, the Patent Office has promulgated the Semiconductor Technology Pilot Program (STPP) to further the goals of the Chips Act…more

Claim Construction, Coopertive Patent Classification System, Federal Pilot Programs, Patent Applications, Patent Litigation

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Treasury and IRS Release Proposed Regulations on IRA’s Prevailing Wage and Apprenticeship Requirements

The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor…more

Apprenticeships, Corrections, Department of Labor (DOL), Hours of Service, Inflation Reduction Act (IRA)

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Important Dates and Reminders for Investment Advisers, Exempt Reporting Advisers, Commodity Trading Advisors and Commodity Pool Operators - January 2023

INVESTMENT ADVISERS - Annual Compliance Reviews - All investment advisers registered with the Securities and Exchange Commission (“SEC”) or at the state level are required to review their compliance policies and procedures…more

Cayman Islands, Commodity Pool, Commodity Trading Advisors (CTAs), Deadlines, Filing Requirements

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2023 Trends in Criminal Tax Enforcement

This is the second part in our 2023 series examining important trends in white collar law and investigations. Up next: crypto enforcement. The days of decreased IRS enforcement activity may be coming to a close. Although the…more

Cryptocurrency, Cyber Crimes, Enforcement Actions, High Net-Worth, Income Taxes

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Delaware Court of Chancery Invalidates Certain Rights in Stockholder Agreement Sidelining Board of Directors

On February 23, 2024, the Court issued an opinion3 invalidating certain provisions of a stockholder agreement, which, in part, contractually constrain the Board’s discretion to exercise control over the business and affairs of…more

Board of Directors, Controlling Stockholders, Corporate Entities, Corporate Governance, Delaware General Corporation Law

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Déjà Vu: the Supreme Court Ignores the Solicitor General’s Invitation to Revisit Section 101 . . . Again.

On May 15, 2023, the U.S. Supreme Court denied two highly watched petitions for certiorari, refusing to hear cases that dealt with the patent eligible subject matter requirement of 35 U.S.C. § 101. The Supreme Court’s…more

Alice/Mayo, Denial of Certiorari, Patent-Eligible Subject Matter, Petition for Writ of Certiorari, SCOTUS

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Cannabis Brands Beware – Branding/White Labeling in New York Requires Application Submittal by December 18, 2023

While licensing agreements between brands and license holders are typical in mature cannabis jurisdictions, what is uncommon is the requirement that said brands become licensed solely for the purposes of entering into branding…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Filing Deadlines, Intellectual Property Protection, IP License

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Enforcement of U.S. Trade Sanctions and Export Controls in 2023 and What to Expect In 2024

This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here…more

Bureau of Industry and Security (BIS), Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

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Massachusetts’ New Attorney General – A Look Back and a Look Ahead at the Year Ahead

This is the second in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several weeks…more

Education Reform, Gun Laws, Healthcare Fraud, Healthcare Reform, Labor Law Violations

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Here Comes a New California Privacy Law! A Preliminary Look at the CPRA.

California voters on Election Day passed the California Privacy Rights Act (CPRA), an update and partial overhaul to the California Consumer Privacy Act (CCPA), the landmark 2018 privacy law. The new CPRA strengthens existing…more

American Civil Liberties Union (ACLU), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Collection, Data Privacy

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Update: April 15th Federal Income Tax Return Filing and Payment Deadlines Postponed to July 15th

The IRS and Treasury issued new guidance that supersedes earlier guidance relating to the postponement of the April 15, 2020 tax deadline due to the COVID-19 pandemic. On Friday, the IRS and Treasury announced that both the…more

Coronavirus/COVID-19, Corporate Taxes, Income Taxes, IRS, New Guidance

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Tennessee v. BlackRock: How this Case Informs How We Look Back and Look Ahead at ESG

This is the final post in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... Politicians in Republican-led states have painted a target on environmental,…more

Antitrust Violations, Asset Management, BlackRock, Business Litigation, Consumer Protection Laws

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Enforcement of U.S. Trade Sanctions and Export Controls in 2023 and What to Expect In 2024

This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here…more

Bureau of Industry and Security (BIS), Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

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Governor Baker Provides Relief to Massachusetts Public Companies by Permitting Virtual-Only Annual Meetings amid COVID-19 Pandemic

What do Massachusetts public companies need to know now? Q: WHY WAS AN EMERGENCY ORDER NECESSARY? A: Section 7.08 of the Massachusetts Business Corporation Act, or MBCA, prohibits public companies incorporated in…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, Securities and Exchange Commission (SEC)

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House Bill Proposes to End Funding for State Department Programs Involved with Forced Labor in China

The U.S. House of Representatives recently passed a new measure, H.R. 4039, which would prohibit any funding for programs within the State Department and the U.S. Agency for International Development (USAID) that involve…more

China, Corporate Governance, Customs and Border Protection, Forced Labor, Funding

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The SVB Bankruptcy Decision and Its Lessons for D&O Insurance Programs

Directors and Officers (D&O) policies are intended first and foremost to protect a company’s individual directors and officers from significant claims which may be asserted against those individuals in their capacities as…more

Banks, Board of Directors, Class Action, Commercial Bankruptcy, Commercial Insurance Policies

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NLRB Announces Broadened Standard for Determining Joint-Employer Status

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be…more

Collective Bargaining, Employer Liability Issues, Joint Employers, Labor Reform, Labor Regulations

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What the Transportation Sector Needs to Know About the CARES Act

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed in…more

CARES Act, Coronavirus/COVID-19, Relief Measures

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First Circuit's New England Compounding Center Decisions Illustrate Reach of Federal Criminal Law

In 2012, New England Compounding Center (“NECC”) shipped contaminated anti-pain medication to hospitals and clinics around the country, with devastating consequences. Patients around the country developed fungal meningitis and…more

Drug Compounding, Drug Distribution, Federal Food Drug and Cosmetic Act (FFDCA), Fraud, Healthcare Fraud

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Second Circuit Affirms FCPA Acquittal of Former Alstom Executive

On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins..…more

Acquittals, Alstom, Appeals, Bribery, Corporate Counsel

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Lessons Learned From The Greek Supervisory Authority’s PwC Decision on Employee Data Under GDPR

On 26 July 2019, the Greek Supervisory Authority (SA) found Pricewaterhouse Coopers (“PwC”) not compliant with General Data Protection Regulation (GDPR) in relation to the processing of its Greek employees’ personal data. The SA…more

Corporate Counsel, Data Controller, Data Processors, Employee Privacy Rights, Employer Liability Issues

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The Impact of the SFFA Decision: Lessons for Employers

On June 29, 2023, the Supreme Court issued its highly anticipated decision in SFFA v. Harvard College and SFFA v. University of North Carolina. While the Court’s ruling has fundamentally altered the landscape for higher…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, College Admissions, Diversity

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DOL Issues Proposed Amendment to Investment Advice Fiduciary Regulation

On October 31, 2023, the Department of Labor (“DOL”) issued a much-anticipated proposal to amend its 1975 “investment advice fiduciary” regulation, which defines when a person who provides investment advice for a fee or other…more

Broker-Dealer, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Health Care Fraud Enforcement in 2024

This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year... The government had another busy year in 2023 investigating and prosecuting health…more

CARES Act, Coronavirus/COVID-19, Data Privacy, Department of Justice (DOJ), Enforcement Actions

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The End of Chevron?—What it Would Mean for Lower Courts, Federal Agencies, and Regulated Industry

To invalidate or eviscerate? Before turning to the January 17, 2024 arguments, here’s a quick recap of Chevron’s two-step framework and when it applies: Courts may rely on the Chevron doctrine only when agency action carries the…more

Chevron Deference, Litigation Strategies, Loper Bright Enterprises v Raimondo, Regulatory Agenda, Regulatory Reform

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A Look Ahead: Capacity Contracts under the U.S. Department of Energy’s Transmission Facilitation Program

Among the panoply of clean energy-related programs currently being implemented under the 2021 Infrastructure Investment and Jobs Act (“IIJA”), one in particular – for which a solicitation is set to issue soon – will infuse…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Infrastructure Investment and Jobs Act (IIJA)

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U.S. Department of Labor Revises Families First Coronavirus Response Act Regulations

Responding to a recent New York federal court decision invalidating certain of its regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) has…more

Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Employment Policies, Families First Coronavirus Response Act (FFCRA)

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Treasury and IRS Release Proposed Regulations on IRA’s Prevailing Wage and Apprenticeship Requirements

The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor…more

Apprenticeships, Corrections, Department of Labor (DOL), Hours of Service, Inflation Reduction Act (IRA)

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Newest Lawsuit Against the Maryland Cannabis Administration Seeks Injunction for Talbot County Dispensary Lottery Because of Delays and Computer System Errors

Another aspiring cannabis license applicant has filed a lawsuit against the Maryland Cannabis Administration (MCA) and is seeking an injunction that could further delay the issuance of new adult-use cannabis licenses in…more

Business Litigation, Cannabis-Related Businesses (CRBs), Class Action, Dispensaries, License Applications

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New York Proposes Adult-Use Rules

The New York Cannabis Control Board (“CCB”) held a momentous meeting on November 21, 2022 wherein it continued to issue more conditional cultivation, processing, and dispensing licenses, but, perhaps more importantly, proposed…more

Agribusiness, Applications, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries

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Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy…more

Commercial Insurance Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance

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False Claims Act Enforcement: Looking Back and What to Expect in 2023

This is the first in our 2023 series examining important trends in white collar law and investigations. Up next: criminal tax enforcement. The False Claims Act (or “FCA”) continued to drive significant enforcement activity…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Federal Regulators Examine the Role of Drug Supply Middlemen on Drug Shortages

The Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) are soliciting public comments on the root causes of and potential solutions to drug shortages. The request for information (RFI) focuses…more

Department of Health and Human Services (HHS), Drug Pricing, Federal Trade Commission (FTC), Generic Drugs, Group Purchasing Organizations (GPO)

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Privacy Shield No Longer Viable Basis for EU-US Data Transfers

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under…more

Corporate Counsel, Data Privacy, Data Protection, EU, EU-US Privacy Shield

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The Fate of the Skinny Label: Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC

On May 15, 2023, the Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC et al., a case some argued had enormous implications for so-called “skinny labeling” practices amongst generic drug…more

Class Action, Generic Drugs, GlaxoSmithKline, Patent Infringement, Patent Litigation

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

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Obligations of Insurer and Policyholder E-book

The liability insurance relationship is primarily one of contract, with the insurance policy as the principal source of the parties’ obligations. As with other types of insurance, the duties of the parties—and the consequences…more

Commercial General Liability Policies, Duty to Defend, Insurance Industry, Liability Insurance, Litigation Insurance

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Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the…more

Amicus Briefs, Appeals, Biden Administration, California, City of Berkeley

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In Search of Harmonization: FDA Finalizes Device CGMP Regulation Harmonization with ISO 13485:2016

On February 2, 2024, FDA finalized its nearly two-year-long process to harmonize QS regulations with ISO standards. As we mentioned when FDA proposed the harmonization in 2022, this update represents the first update to the QS…more

CGMP, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food and Drug Administration (FDA), ISOs

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State backed financial support for businesses and start ups

April 10, 2020 On March 25, 2020, the French Government has - through the French public investment bank BPI - launched a program of State-guaranteed loans (“prêts garantis par l’Etat”) in order to help French-based businesses to…more

Coronavirus/COVID-19, EU, France, Loans, Relief Measures

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SEC Proposes New ESG Disclosure Requirements Affecting Investment Advisers

On May 25, 2022, the U.S. Securities and Exchange Commission (the “SEC”) issued a release containing a proposed rule (the “ESG Proposed Rule”) which, if enacted, would require certain exempt and registered investment advisers,…more

Disclosure Requirements, Environmental Social & Governance (ESG), Filing Requirements, Investment Adviser, Investment Companies

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New SEC FAQs Released in Response to COVID-19

On March 16, 2020, in response to the COVID-19 outbreak, the United States Securities and Exchange Commission (“SEC”) Division of Investment Management updated their Frequently Asked Questions (“FAQs”) relating to Form ADV and…more

Coronavirus/COVID-19, Custody Rule, Form ADV, Investment Adviser, Securities and Exchange Commission (SEC)

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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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CBP Issues WRO on Work Gloves Manufactured by Chinese Company

On April 10, 2024, U.S. Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) on a Chinese company, Shanghai Select Safety Products Co., Ltd. (“Shanghai Select”) and its two subsidiaries, Select (Nantong…more

China, Customs and Border Protection, Goods or Services, Human Rights, Importers

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FERC April 2024 Open Meeting and May 2024 Open Meeting Preview

On Thursday, April 18, 2024, in a departure from normal procedure, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two Sunshine Act Meeting Notices, publishing agendas for both the April 25, 2024…more

Certificate of Public Convenience and Necessity, Electricity, Energy Sector, FERC, MISO

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The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing on…more

Copyright, Copyright Infringement, Copyright Litigation, Fashion Branding, Fashion Design

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SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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U.S. Department of Labor Issues New Independent Contractor Rule

The new rule makes it more difficult under federal law to classify workers as independent contractors. The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by several…more

ABC Test, Classification, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors

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Congressional Investigations: A Review of Investigations Likely to Continue in 2024 and into the 119th Congress

This is the sixth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several weeks…more

China, Corporate Governance, Critical Infrastructure Sectors, Drug Pricing, Educational Institutions

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Developments in International Investment Law Herald Enhanced CSR Obligations for Investors

The protection of a company’s investments abroad could soon be linked to that company’s compliance with its CSR obligations. This is what the new Dutch draft model bilateral investment treaty (BIT) heralds. If other countries…more

Bilateral Investment Treaties, Corporate Social Responsibility, International Investment Courts, Investors

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Annual Report Filing Reminders for DE and MA

This is a reminder that annual report filings are due in March 2024 for corporations formed or registered in Delaware and Massachusetts. Please contact your Foley Hoag lawyer if you need assistance with a filing…more

Annual Filings, Annual Reports, Corporate Entities, Deadlines, Filing Deadlines

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Supreme Court Finds Religious Schools Entitled to Participate in School Voucher Program

The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise Clause…more

Constitutional Challenges, Espinoza v Montana Department of Revenue, Establishment Clause, Free Exercise Clause, No Aid Clause

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Supreme Court Clarifies When Job Transfers Can Serve as a Basis for Title VII Claims

On April 17, 2024, the Supreme Court issued a unanimous decision in Muldrow v. St. Louis that rejected a heightened injury standard for Title VII claims based on job transfers and held that employees alleging discrimination…more

Civil Rights Act, Discrimination, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues

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Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several…more

Academic Misconduct, Activist, Antitrust Division, Colleges, Department of Justice (DOJ)

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Treasury and IRS Release Proposed Regulations on IRA’s Prevailing Wage and Apprenticeship Requirements

The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor…more

Apprenticeships, Corrections, Department of Labor (DOL), Hours of Service, Inflation Reduction Act (IRA)

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United Nations Working Group Approves Cybersecurity Report: What is it and What are the Implications?

On 12 March 2021, the United Nations Open-ended Working Group (“OEWG”), established by General Assembly Resolution 73/27 and consisting of all United Nations Member States, adopted by consensus its Final Substantive Report on…more

Coronavirus/COVID-19, Cybersecurity, General Assembly, Information and Communication Technology (ICT), Popular

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FERC April 2024 Open Meeting and May 2024 Open Meeting Preview

On Thursday, April 18, 2024, in a departure from normal procedure, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two Sunshine Act Meeting Notices, publishing agendas for both the April 25, 2024…more

Certificate of Public Convenience and Necessity, Electricity, Energy Sector, FERC, MISO

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New California Noncompete Law Amendments Take Effect This Month

California recently passed two laws amending its longstanding prohibition of employee noncompete agreements, both of which became effective this month. Section 16600 of the California Business and Professions Code voids…more

California, Employees, Employer Liability Issues, Former Employee, Non-Compete Agreements

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WARN Act Damages Not Subject to Massachusetts Wage Act

Employee Creditors May Not Assert Claim for Such Damages Derivatively Against Corporate Officers - Corporate insolvencies and near insolvencies regularly generate significant claims and litigation initiated by creditors…more

Insolvency, Wage Act, Wage and Hour, WARN Act

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New York’s Inflation Reduction Act “Surplus” and How to Expand Distributed Solar Beyond 10 Gigawatts

The New York Public Service Commission (“PSC”) is considering recommendations by the New York State Energy Research and Development Authority (“NYSERDA”) to use existing NY-Sun Program funding to deploy distributed solar…more

Clean Energy, Comment Period, Energy Policy, Energy Projects, Funding

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UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

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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

35 U.S.C. § 271(e)(1), Covered Business Method Patents, Direct Infringement, Divided Infringement, En Banc Review

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EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles.  The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

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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 New Marketing Rule FAQ

On February 6, 2024, the U.S. Securities and Exchange Commission (“SEC”) issued an updated FAQ for investment advisers relating to SEC Rule 206(4)-1 (the “Marketing Rule”), and the reporting of gross and net performance within…more

Investment Adviser, New Rules, SEC Advertising Rule, Securities and Exchange Commission (SEC), Securities Regulation

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Privacy Shield No Longer Viable Basis for EU-US Data Transfers

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under…more

Corporate Counsel, Data Privacy, Data Protection, EU, EU-US Privacy Shield

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Seven Major U.S. Tech Organizations Voluntarily Commit to A.I. Safeguards

On July 21, 2023, the White House announced that seven leading A.I. organizations (Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI) agreed on and committed to immediately implementing voluntary safeguards for…more

Artificial Intelligence, Online Platforms, Regulatory Agenda, Regulatory Requirements, Technology Sector

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CMMI Announces Medicare Dementia Care Model

The GUIDE Model is an eight-year model that will test an alternative payment for participants that delivers key supportive services to people with dementia, including comprehensive, person-centered assessments and care plans,…more

Biden Administration, Caregivers, Centers for Medicare & Medicaid Services (CMS), Dementia, Executive Orders

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Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding in…more

28 U.S.C. § 1782, Arbitration, Discovery, Foreign Jurisdictions, Foreign Tribunals

See all updates »

New York State Court Invalidates Certain Adult-Use Regulations Around Third Party Marketing Platforms

In a breathtaking decision filed yesterday in New York Supreme Court, the Honorable Kevin R. Bryant issued a decision and order that has struck down virtually all of New York’s adult-use cannabis industry regulations as unlawful…more

Advertising, Cannabis Products, Commercial Litigation, Marijuana, Marketing

See all updates »

Biden Administration OTC Testing Guidance and FAQs

The Biden administration has issued guidance and FAQs on mandatory insurance coverage of OTC COVID-19 testing. Effective January 15, 2022, plans are required to cover 8 individual at-home over-the-counter COVID-19 tests per…more

Biden Administration, Coronavirus/COVID-19, Medicare, Medicare Advantage, Virus Testing

See all updates »

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles.  The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

See all updates »

Supreme Court Blocks OSHA’s “Vax or Test” Rule

On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (“OSHA”) enforcement of its COVID-19 Emergency Temporary Standard (“ETS”). Among other things, the ETS would have required…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates

See all updates »

FDIC Creates Silicon Valley Bridge Bank, N.A. and Issues Updated FAQS

The FDIC has also posted updated FAQs on its website confirming that direct deposits and autopay will continue to operate and that checks will continue to clear. Customers with lines of credit are instructed to contact Silicon…more

Banking Sector, Bridge Banks, Deposit Insurance, Depository Institutions, FDIC

See all updates »

NYISO Pushes Back Anticipated Compliance, Cluster Study Dates After FERC Order No. 2023-A

Interconnection reform is coming to New York State—right on (a slightly revised) schedule. In response to the issuance of a rehearing and clarification order on Federal Energy Regulatory Commission (“FERC”) Order No. 2023…more

Capacity Market, Clean Energy, Electricity, Energy Market, Energy Sector

See all updates »

Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail competition…more

Competition, Electric Generation Suppliers, Electricity, Electricity Costs, Energy Market

See all updates »

Virginia: The Road to Adult Use Cannabis Legalization

The Virginia General Assembly is currently considering adult use cannabis legalization this session. Governor Northam has made it a priority. The legislative black caucus has endorsed it and the legislative sponsors in both…more

Cannabis Products, General Assembly, Governor Northam, Legalization, Legislative Agendas

See all updates »

Federal Circuit Rejects State Sovereign Immunity Defense to Inter Partes Review

Last year, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit rejected the use of tribal sovereign immunity as a defense to the institution of an IPR. We questioned in a previous alert whether the broad…more

Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Mylan Pharmaceuticals, Patent Trial and Appeal Board, Sovereign Immunity

See all updates »

CBP Releases Guidance for Compliance Requirements Under the Uyghur Forced Labor Prevention Act

On June 13, 2022, the U.S. Department of Homeland Security’s Customs and Border Protection (“CBP”) published guidance for importers regarding compliance requirements under the Uyghur Forced Labor Prevention Act (“UFLPA”), which…more

Biden Administration, Corporate Counsel, Cross Border Privacy Rules (CBPR), Due Diligence, Entity List

See all updates »

Anticorruption Enforcement and the Foreign Corrupt Practices Act: Trends to Track in 2024

This is the seventh in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several…more

Acquisitions, Anti-Corruption, China, Clawbacks, Corporate Governance

See all updates »

SEC Adopts New Rules on Executive Compensation

On August 25, 2022, the Securities and Exchange Commission (“SEC”) announced the adoption of amendments to rules relating to executive compensation disclosure. The final rule can be found here. As mandated by Section 953(a) of…more

Disclosure Requirements, Dodd-Frank, Executive Compensation, Investors, New Rules

See all updates »

CMMI Releases More Details on New Cell and Gene Therapy Access Model

Model Overview - CMS as Negotiator - Under the model, CMS will negotiate OBAs with participating manufacturers, which will tie pricing for SCD treatments to whether the therapy improves health outcomes for people with…more

Centers for Medicare & Medicaid Services (CMS), Clinical Laboratory Testing, CMMI, Genetic Testing, Life Sciences

See all updates »

New Federal COVID-19 Appropriations for Healthcare Providers: The Paycheck Protection Program and Health Care Enhancement Act

On April 24, 2020, President Trump signed into law the Paycheck Protection Program and Health Care Enhancement Act (HCEA), which appropriated an additional $75 billion to the Public Health and Social Services Emergency Fund to…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Health Care Providers

See all updates »

Massachusetts Passes Climate Bill Focused on Clean Energy and Offshore Wind

Governor Baker signed the climate bill (H.5060), titled An Act Driving Clean Energy and Offshore Wind, into law on Thursday August 11, 2022. The act combines and modifies provisions from the House’s proposed offshore wind bill…more

Clean Energy, Climate Change, Fossil Fuel, Governor Baker, Greenhouse Gas Emissions

See all updates »

FDA Releases Guidance on Submissions for AI/ML-Enabled Devices

On April 3, 2023, the Food and Drug Administration (FDA) published in the Federal Register an announcement of availability for the draft guidance, Marketing Submission Recommendations for a Predetermined Change Control Plan for…more

Artificial Intelligence, Food and Drug Administration (FDA), Machine Learning, Manufacturers, Medical Devices

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

See all updates »

Cybersecurity 2021 – The Year in Preview: The GDPR's New Transfer Landmines

Editors’ Note: This is the third in our fifth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Read our previous posts on Energy and Cannabis. A year ago, transferring…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection, EU

See all updates »

Healthcare Issues to Watch Following the FY2024 Spending Deal

Six months into the fiscal year, Congress has finally passed FY2024 appropriations. It was a painstaking process, which many expected to include policy victories that both sides could celebrate. Instead, the spring work period…more

Artificial Intelligence, Biotechnology, Congressional Committees, Coronavirus/COVID-19, Healthcare

See all updates »

PTO Provides Guidance on Inventions Created with Help from Artificial Intelligence

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive Order…more

Artificial Intelligence, Comment Period, Executive Orders, Inventions, Inventors

See all updates »

Milan: Where Life Sciences Patents Are Now in Fashion

As of June 2024, Milan will begin hearing cases regarding patents classified in IPC Section (A), which includes pharmaceuticals. Milan will have competence to hear revocation actions, as well as actions for declaration of…more

Italy, Life Sciences, Patents, Pharmaceutical Patents, Supplementary Protection Certificate

See all updates »

Supreme Court in Minerva Surgical Inc. v. Hologic Inc., Upholds but Limits the Scope of the Equitable Doctrine of Assignor Estoppel

The judicially-derived patent-law doctrine of “assignor estoppel” prevents an inventor from assigning a patent to another for value and then later arguing in litigation that the patent is invalid. In Minerva Surgical Inc. v…more

Assignor Estoppel, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc., Patent Infringement

See all updates »

FERC April 2024 Open Meeting and May 2024 Open Meeting Preview

On Thursday, April 18, 2024, in a departure from normal procedure, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two Sunshine Act Meeting Notices, publishing agendas for both the April 25, 2024…more

Certificate of Public Convenience and Necessity, Electricity, Energy Sector, FERC, MISO

See all updates »

Cannabis Rescheduling Will Not Open Bankruptcy Doors

As previously discussed by Foley Hoag’s attorneys in its Cannabis practice, a rescheduling of cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance will provide cannabis businesses with the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act, DEA

See all updates »

French Data Protection Authority Rules on Transfers of Health Data

The French Conseil d’Etat handed down an important decision October, 13th regarding privacy and personal data protection. This decision comes in the wake of the “Schrems II” ruling of the Court of Justice of the European Union…more

CNIL, Coronavirus/COVID-19, Corporate Counsel, Court of Justice of the European Union (CJEU), Data Protection

See all updates »

Enforcement of U.S. Trade Sanctions and Export Controls in 2023 and What to Expect In 2024

This is the tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here…more

Bureau of Industry and Security (BIS), Compliance, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions

See all updates »

Boeing’s Deferred Prosecution Agreement In Question After Court Rules 737 Max Crash Victims’ Families May Assert Rights Under The Crime Victims’ Rights Act

A recent ruling from a federal district judge in Texas has called into question the finality of deferred prosecution agreements. Deferred prosecution agreements are negotiated and entered into by the government and criminal…more

Boeing, Crime Victims, Deferred Prosecution Agreements, Department of Justice (DOJ), Federal Aviation Administration (FAA)

See all updates »

Key Dates for the Main Environmental Legislations

All deadlines and measures which expire between March 12th,2020 and June 23rd, 2020 shall be suspended in whole or in part during this Statutory Period or shall have their expiration date postponed..…more

Deadlines, EU, France, Legislative Agendas

See all updates »

UNCITRAL Working Group III Reaches Notable Milestones in Recent New York Meeting

UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission’s mandate, including in the area of dispute resolution. UNCITRAL’s Working Group III is tasked with reforming…more

Bilateral Investment Treaties, Code of Conduct, International Arbitration, Investor State Dispute Settlement (ISDS), Investors

See all updates »

USPTO Announces Revised Guidance for Determining Subject Matter Eligibility

The U.S. Patent and Trademark Office (USPTO) issued new guidance effective January 7, 2019 to its examiners and administrative judges for evaluating what inventions are eligible for patenting under 35 U.S.C. § 101. The guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, USPTO

See all updates »

$100 Million in Funding for Pilot-Scale Testing of CO2 Removal Technologies Available from DOE Through Its Carbon Negative Shots Pilot

The US Department of Energy (DOE) is providing $100 million in funding to develop commercially viable carbon dioxide removal technologies through the Office of Fossil Energy and Carbon Management’s Carbon Negative Shots Pilot…more

Department of Energy (DOE), Federal Funding, Filing Deadlines, Intellectual Property Protection, Inventions

See all updates »

Preparing to Comply with the SEC’s New Climate Rules

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted final rules relating to climate-related risks, which are available here. The new rules will require extensive new disclosures, which in turn will require…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

See all updates »

Biden Administration Releases Draft Framework for Exercising Bayh-Dole March-in Rights Taking Into Account Drug Prices

On December 7, the White House announced “New Actions to Lower Health Care and Prescription Drug Costs by Promoting Competition,” which included “a proposed framework for agencies on the exercise of march-in rights on…more

Biden Administration, Drug Pricing, Life Sciences, March-in-Rights, National Institute of Health (NIH)

See all updates »

$100 Million in Funding for Pilot-Scale Testing of CO2 Removal Technologies Available from DOE Through Its Carbon Negative Shots Pilot

The US Department of Energy (DOE) is providing $100 million in funding to develop commercially viable carbon dioxide removal technologies through the Office of Fossil Energy and Carbon Management’s Carbon Negative Shots Pilot…more

Department of Energy (DOE), Federal Funding, Filing Deadlines, Intellectual Property Protection, Inventions

See all updates »

Health Care Enforcement: Review of 2022 and A Look Ahead to 2023

This is the third part in our 2023 series examining important trends in white collar law and investigations. Up next: congressional investigations. Health care fraud enforcement remained a top priority at both the national and…more

Analytics, Coronavirus/COVID-19, Criminal Prosecution, Data Protection, Department of Justice (DOJ)

See all updates »

NY Department of Financial Services Slaps $30 Million Fine on Robinhood’s Crypto Platform for Lax Anti-Money Laundering Controls

On August 1, 2022, the New York Department of Financial Services (“DFS” or the “Department”) secured its first enforcement win against a cryptocurrency platform, Robinhood’s crypto trading arm Robinhood Crypto, LLC…more

Anti-Money Laundering, Cryptocurrency, Enforcement Actions, Financial Institutions, Financial Services Industry

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

See all updates »

Court of Appeals Affirms Divestiture from a Consummated Merger in First-of-Its-Kind Private Antitrust Challenge

On February 18, 2021, the Fourth Circuit upheld a District Court’s first-of-its-kind divestiture order against Jeld-Wen Inc., which was seeking to overturn the lower court’s 2018 order requiring Jeld-Wen to spin off a factory it…more

Acquisitions, Appeals, Divestiture, Mergers

See all updates »

U.S. Department of Labor Releases Final Rule on Federal Prevailing Wage Law

On August 8, 2023, the United States Department of Labor (DOL) issued a final rule interpreting the federal Davis-Bacon Act, the federal law governing payment of wages to construction workers working on federally funded public…more

Davis-Bacon Act, Department of Labor (DOL), Final Rules, Inflation Reduction Act (IRA), Popular

See all updates »

Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

See all updates »

Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding in…more

28 U.S.C. § 1782, Arbitration, Discovery, Foreign Jurisdictions, Foreign Tribunals

See all updates »

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

See all updates »

Russia Sanctions Update - July 27, 2023

On July 20, 2023, the Department of Treasury’s Office of Foreign Asset Control (“OFAC”) designated additional entities in order to further disrupt Russian access to military supplies and deprive the Russian government of revenue…more

Economic Sanctions, Financial Institutions, Financial Transactions, Foreign Trade Regulations, General Licenses

See all updates »

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

INVESTMENT ADVISERS - Annual Compliance Reviews - All investment advisers registered with the Securities and Exchange Commission (“SEC”) or at the state level are required to review their compliance policies and procedures…more

Commodity Pool, Commodity Trading Advisors (CTAs), Exemptions, Filing Deadlines, Filing Requirements

See all updates »

Navigating the International Trade & National Security Landscape

The centrality of international trade laws in the development and execution of U.S. foreign policy has never been more evident than in 2022. Companies that have not invested in international trade compliance programs are behind…more

Belarus, Biden Administration, Bureau of Industry and Security (BIS), CFIUS, China

See all updates »

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation,…more

California, Carbon Capture and Sequestration, Clean Air Act, Climate Change, Disclosure Requirements

See all updates »

Transforming Care Strategies -- Integration of AI in Healthcare: Summary of Legal/Regulatory Issues

I was pleased to take part in the “Transforming Care – Strategies for Integration of Artificial Intelligence in Healthcare” discussion, hosted by the New England Healthcare Executive Network at Foley Hoag on April 1. The…more

Artificial Intelligence, General Data Protection Regulation (GDPR), Health Care Providers, Health Information Technologies, Health Insurance

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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