Foley Hoag LLP

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

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

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

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Compliance Challenge: The Links Between Corruption and Human Trafficking

Companies are increasingly being required to disclose how they assess and respond to the risks of human trafficking in their product supply chains. Statutes like the California Transparency in Supply Chains Act and the U.K…more

Anti-Corruption, Compliance, FCPA, Federal Contractors, Human Trafficking

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First Circuit Holds that Jury Can Decide Whether Store Managers Were Exempt from the Overtime Requirements of the FLSA

Last week, the U.S. Court of Appeals for the First Circuit reversed summary judgment to the employer, an operator of Dunkin’ Donuts stores, on claims by two former managers that they were improperly denied overtime under the…more

Corporate Counsel, Dunkin' Donuts, Exempt-Employees, FLSA, Primary Duty Test

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Amendment to the Annual Privacy Notice Delivery Obligations of Financial Institutions under the Gramm-Leach-Bliley Act contained in the FAST Act

On December 4, 2015, President Obama signed the Fixing America’s Surface Transportation Act (the ‘‘FAST Act’’) into law. Although the FAST Act’s main focus is on improving the country’s surface transportation infrastructure, the…more

Financial Institutions, Fixing America’s Surface Transportation Act (FAST Act), Gramm-Leach-Blilely Act, Investment Adviser, Privacy Notice Rule

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Supreme Court Calls for Greater Deference to District Court Claim Construction

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

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

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

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

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

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

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

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

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SBIC Advisers Relief Act Expected to be Adopted into Law

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

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

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

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

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

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

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

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

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Medicaid Program: Covered Outpatient Drugs, Final Rule with Comment Period Summary

On January 21, 2016, the Centers for Medicare & Medicaid Services (CMS) released the final rule implementing the prescription drug rebate provisions enacted as part of the health care reform law, the Affordable Care Act (ACA)…more

Affordable Care Act, CMS, Comment Period, Final Rules, MCOs

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

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

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

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

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

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

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Date Me, Snog Me But Don’t Meet Me in the European Trademark Office

“Be creative!” is an important piece of advice which you often hear from European trademark lawyers. Today, more than ever, this recommendation should be taken seriously. The reason is very simple: the Community trademark office…more

Community Trademark, EU, Inherently Distinctive, Trademark Litigation, Trademark Registration

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

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

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

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The FAST Act Seeks to Streamline the Environmental Review of Infrastructure Projects

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation (FAST) Act—a five-year, $305-billion transportation authorization and spending bill. The FAST Act largely focuses on funding…more

Environmental Review, Fixing America’s Surface Transportation Act (FAST Act), Infrastructure, Land-Use Permits, NEPA

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How the FAST Act Will Impact Securities Laws

On December 4, 2015, the Fixing America’s Surface Transportation Act (the FAST Act) was signed into law. Although the majority of the Act concerns transportation and infrastructure, it also contains several provisions that…more

Disclosure Requirements, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Initial Public Offerings, JOBS Act

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

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

Generic, Remand, Reversal, Trademark Litigation, Trademark Registration

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

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

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

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EPA Proposes to Add Vapor Intrusion Pathway Assessment to Superfund Listing System

Last week, we wrote about an audit that MassDEP is conducting of previously closed sites to look for high concentrations of TCE in soils and groundwater. The intent of the audit is to address potential vapor intrusion. The EPA…more

Comment Period, Contaminated Properties, EPA, Groundwater, MassDEP

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

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

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

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Federal Circuit Expands Scope of Liability for Divided Infringement

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

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

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SEC Radically Revamps Regulation A - Part 1

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

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

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

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

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

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

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

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

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

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

Contributory Infringement, Good Faith, Infringement, Patents, Validity

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Common Reporting Standard and FATCA

2016 Compliance Update - For the past few years, FATCA has dominated the international tax compliance landscape. As that regime continues to be phased-in, a new regime – the Common Reporting Standard (“CRS”) – will begin to…more

British Virgin Islands, Cayman Islands, Common Reporting Standard (CRS), Due Diligence, FATCA

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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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D.C. Circuit Court Re-Affirms Decision that Portions of SEC’s Conflict Minerals Rules are Unconstitutional

On August 18, 2015, the United States Court of Appeals for the D.C. Circuit, in likely the first majority opinion citing Charles Dickens (A Tale of Two Cities) and George Orwell (Nineteen Eighty-Four), re-affirmed its previous…more

Compelled Speech, Conflict Mineral Rules, Disclosure Requirements, En Banc Review, First Amendment

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What Did the Court Really Say About Patent Eligibility?

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

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

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

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

Beer, Brand, Breweries, Trademarks, Wine & Alcohol

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New Credit Card Security Doesn’t Go Far Enough

Hardly a week goes by without a news report of a new cyberattack. As any consumer affected by fraud knows, the harm is real. The impact on businesses, government, and other targets is also real, and includes monetary harm and…more

Banking Sector, Credit Cards, Cyber Attacks, Cyber Crimes, Cybersecurity

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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 The Commonwealth of Massachusetts are required to review their compliance…more

AIFMD, CFTC, Commodities, Confidentiality Agreements, CPOs

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Divided Infringement Steps into the Limelight

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

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

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

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

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

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Product Liability Update: January 2016

Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S…more

Breach of Warranty, Campbell Ewald v Gomez, Class Action, Class Representatives, Damages

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

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

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

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

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

DOL, DOMA, Employer Liability Issues, FMLA, OMB

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

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

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

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Massachusetts Nonprofit Annual Reports Due November 1, 2013

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

Annual Reports, Non-Profits, Reporting Requirements

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

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

Discharge of Pollutants, Disclosure Requirements, Pollution Liability Insurance

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SJC Finds that Employee’s Unauthorized Copying of Proprietary Information Did Not Give Employer Grounds to Discontinue Severance

On February 4, 2016, the Massachusetts Supreme Judicial Court (SJC) held in Eventmonitor, Inc. v. Leness that an employer breached its agreement with a former employee when it reclassified the employee’s termination from…more

Breach of Contract, Corporate Counsel, MA Supreme Court, Materiality, Non-Disclosure Agreement

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A Fractured Federal Circuit Panel Interprets The Biosimilars Patent Resolution Procedures

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

Biosimilars, BPCIA, FDA, FDA Approval, Notice Requirements

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SJC Finds that Employee’s Unauthorized Copying of Proprietary Information Did Not Give Employer Grounds to Discontinue Severance

On February 4, 2016, the Massachusetts Supreme Judicial Court (SJC) held in Eventmonitor, Inc. v. Leness that an employer breached its agreement with a former employee when it reclassified the employee’s termination from…more

Breach of Contract, Corporate Counsel, MA Supreme Court, Materiality, Non-Disclosure Agreement

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

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

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

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NFA Amends Interpretive Notice Regarding NFA Compliance Rules 2-7 and 2-24 and Registration Rule 401

Proficiency Requirements for Security Futures Products - The term security futures product (“SFP”) encompasses security futures and options on security futures. The term security future includes both futures on a single…more

Audits, CFTC, Commodity Futures Modernization Act of 2000 (CFMA), FINRA, Futures

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

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

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

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Massachusetts DOER Releases Draft SREC II Regulations

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

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

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

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

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

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

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

Electric Vehicles, Utilities Sector

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

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

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

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FDA Issues Draft Guidance on Medical Device Accessories

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

Draft Guidance, FDA, Medical Devices

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Massachusetts DOER Releases Draft SREC II Regulations

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

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

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

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

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

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How the FAST Act Will Impact Securities Laws

On December 4, 2015, the Fixing America’s Surface Transportation Act (the FAST Act) was signed into law. Although the majority of the Act concerns transportation and infrastructure, it also contains several provisions that…more

Disclosure Requirements, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Initial Public Offerings, JOBS Act

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Wyndham and FTC Settle Data Breach Lawsuit: Implications

On December 9, 2015, Wyndham and the FTC settled the enforcement action brought by the FTC that had led to a significant decision by the Third Circuit in August of this year. While the details of the settlement are interesting…more

Data Breach, Data Security, Enforcement Authority, FTC, FTC v Wyndham

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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 The Commonwealth of Massachusetts are required to review their compliance…more

AIFMD, CFTC, Commodities, Confidentiality Agreements, CPOs

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

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

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

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

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

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

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

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

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

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How the Amended Federal Rules Will Change Patent Litigation

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

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

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

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

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

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

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

Aereo, Copyright, FilmOn X, Internet, Internet Streaming

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Copyright Strategies for Start-Up Companies

As a leader of a start-up company, you are probably aware of the importance of protecting your company’s innovative products, services and technologies through patent filings. If you are savvy, you are also aware of the…more

Copyright, Copyright Infringement, Copyright Registration, Corporate Branding, Fair Use

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Stop the Presses. Superfund is Stupid.

I know that pointing out CERCLA’s stupidity has something of a dog bites man quality, but sometimes Superfund’s stupidity bears repeating. Today’s exhibit? New York v. Next Millenium Realty, in which Judge Feuerstein held –…more

CERCLA, Contaminated Properties, Environmental Litigation, EPA, Statute of Limitations

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Opportunity, Uncertainty for Entities Wishing to Do Business with Iran

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

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

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Latest DMCA Triennial Review Permits Jailbreaking, Video Game Preservation, And More

Most readers of this blog are well-acquainted with the Digital Millennium Copyright Act (DMCA) and the anti-circumvention provisions codified therein, 17 U.S.C. § 1201 et seq., which prohibit the circumvention of technological…more

Cars, Copyright, DMCA, Exemptions, Final Rules

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

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

Infrastructure, Organic, Popular, Solid Waste, Waste Disposal

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Benefit Corporations: Twelve States and Counting

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

Benefit Corporations, Corporate Social Responsibility

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

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

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

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

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

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

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FDA Issues Draft Guidance on Medical Device Accessories

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

Draft Guidance, FDA, Medical Devices

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SBIC Advisers Relief Act Expected to be Adopted into Law

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

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

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The Devil (and the Copyright) is in the Details

Would-be filmmakers often see the ghostly reflection of their own work in allegedly infringing films that actually get made. With many such copyright claims, the devil is – figuratively – in the details, but in the recent case…more

Copyright, Copyright Infringement, Copyright Litigation, Film Industry, Young Lawyers

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Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So I…more

Corporate Counsel, Design Patent, Excessive Force, First Amendment, Intellectual Property Protection

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European Court Establishes “Right to be Forgotten” Online

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

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

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The Department of Labor Issues Guidance on Joint Employment

On January 20, 2016, the U.S. Department of Labor (DOL) issued an Administrator Interpretation regarding what arrangements will constitute joint employment under the Fair Labor Standards Act (FLSA). Under the FLSA, when an…more

Administrative Interpretation, DOL, Economic Realities Test, Employer Liability Issues, FLSA

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World Exchanges Encouraged to Report Indicators of Long-Term Sustainability

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

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

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

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

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

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

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

Land Titles, Tenure

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Partnership Audit Regime Shakeup

The recent Bipartisan Budget Act of 2015 (the “Act”) sets forth a new tax audit regime for partnerships (and limited liability companies taxed as partnerships) that will have far-reaching consequences. The new audit procedures…more

Audits, Bipartisan Budget, IRS, Limited Liability Companies, Opt-Outs

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SEC Issues Report on Review of “Accredited Investor” Definition

On December 18, 2015, the Securities and Exchange Commission (the “SEC”) issued a report evaluating the definition of “accredited investor” as part of its obligations under the Dodd-Frank Wall Street Reform and Consumer…more

Accredited Investors, Capital Raising, Comment Period, Dodd-Frank, Regulation D

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

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

FLSA, Hospitality Industry, IRS, Service Charges, Tips

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IRS Releases Streamlined Application for Tax-Exempt Status

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

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

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

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

CFTC, Deadlines, Exemptions, Registration

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

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

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

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SEC to Recommend Additional Compliance Rules for Investment Advisers

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

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

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First Circuit Clarifies Rights of Co-Author of Joint Derivative Work to Make Further Derivatives

In a squabble between two psychologists over rights to books about “explosive” children, the First Circuit weighed in this summer with an opinion holding that a work of authorship under the Copyright Act can be simultaneously…more

Authors, Authorship, Copyright, Copyright Infringement, Copyright Litigation

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How the FAST Act Will Impact Securities Laws

On December 4, 2015, the Fixing America’s Surface Transportation Act (the FAST Act) was signed into law. Although the majority of the Act concerns transportation and infrastructure, it also contains several provisions that…more

Disclosure Requirements, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Initial Public Offerings, JOBS Act

See All Updates »

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

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

CMS, FDA, Healthcare, Medicaid, Medicare

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

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

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

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The SEC Charges Investment Adviser with Violating Regulation S-P by Failing to Adopt Cybersecurity Policies and Procedures

In recent years, the SEC has been focused on cybersecurity. It has issued risk alerts, conducted examinations and provided guidance about what the agency sees as widespread weaknesses in many policies and procedures to protect…more

Broker-Dealer, Cease and Desist Orders, Civil Monetary Penalty, Cyber Attacks, Cyber Incident Reporting

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

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

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

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

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

First Amendment, Likelihood of Confusion, Political Expression, Trademarks

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

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

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

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3 Defining Issues for the Internet of Things in 2016

In an era of ever-evolving ‘wired’ technology, increasing interconnectedness, and business and personal concerns about data security, we recently asked attorneys writing on JD Supra: What will be among the defining issues of…more

Corporate Counsel, Cybersecurity, Data Privacy, FTC, Information Governance

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Partnership Audit Regime Shakeup

The recent Bipartisan Budget Act of 2015 (the “Act”) sets forth a new tax audit regime for partnerships (and limited liability companies taxed as partnerships) that will have far-reaching consequences. The new audit procedures…more

Audits, Bipartisan Budget, IRS, Limited Liability Companies, Opt-Outs

See All Updates »

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

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

Bribery, DOJ, Email, FCPA, Government Officials

See All Updates »

February 3, 2016 Statement of the Article 29 Working Party on the Consequences of the Schrems Judgment

In response to the announcement of the EU-U.S. Privacy Shield, the Article 29 Working Party issued its own statement, the key elements of which are as follows..…more

Article 29 Working Party (WP29), Binding Corporate Rules, Data Protection Authority, EU, EU-US Privacy Shield

See All Updates »

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

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

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

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

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

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

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Product Liability Update - July 2015

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

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

See All Updates »

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

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

Counterfeit Goods Regulation, Counterfeiting

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

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

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

See All Updates »

Kamala Harris Puts Exxon Under Her Microscope: California AG Reportedly Has Launched Review of Oil Giant’s Statements On Climate Change

Students of history know that fighting a two front war is a hazard to be avoided. According to the L.A. Times, however, that is precisely the dilemma that now faces Exxon Mobil: dual investigations from attorneys general on…more

Attorney Generals, Climate Change, Disclosure, Exxon, Fraud

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How the Amended Federal Rules Will Change Patent Litigation

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

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

See All Updates »

Molecular Diagnostics Clinical Utility Strategy: A Six-part Framework

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

Clinical Laboratories, Clinical Trials, Technology

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From Runway to Replica: Intellectual Property Strategies for Protecting Fashion Designs

Designers like Alexander Wang, Rebecca Minkoff, and Michael Kors are all gearing up to premier their 2016 fall/winter collections this month during New York Fashion Week. Fashion Week draws more than 230,000 attendees each year…more

3D Printing, Copyrightable Subject Matter, Counterfeiting, Design Patent, Fashion Design

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

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

Corporate Social Responsibility, Human Rights, Infrastructure

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Kamala Harris Puts Exxon Under Her Microscope: California AG Reportedly Has Launched Review of Oil Giant’s Statements On Climate Change

Students of history know that fighting a two front war is a hazard to be avoided. According to the L.A. Times, however, that is precisely the dilemma that now faces Exxon Mobil: dual investigations from attorneys general on…more

Attorney Generals, Climate Change, Disclosure, Exxon, Fraud

See All Updates »

Equity Crowdfunding Under Federal Law: Issuers

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

Crowdfunding, Indiegogo, JOBS Act, Kickstarter, SEC

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

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

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

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

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

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

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

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

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

See All Updates »

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

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

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

See All Updates »

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

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

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

See All Updates »

Foley Hoag Climate Update: February 2016

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

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

See All Updates »

Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights

In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to…more

Celebrities, Lanham Act, Name and Likeness, Popular, Right of Publicity

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Federal Circuit Expands Scope of Liability for Divided Infringement

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

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

See All Updates »

While The Outcome In the Lower Fox River Case Continues to Change, The Legal Standard For Apportionment Is The Same

In 1832, Abraham Lincoln said that ” it is better to be only sometimes right, than at all times wrong, so soon as I discover my opinions to be erroneous, I shall be ready to renounce them.” Judge Greisbach of Eastern District…more

Apportionment, Burlington Northern, Contamination, Environmental Litigation, Hazardous Waste

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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 The Commonwealth of Massachusetts are required to review their compliance…more

AIFMD, CFTC, Commodities, Confidentiality Agreements, CPOs

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

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

Deadlines, FATCA

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Settlement in False Advertising Class Action Leaves First Amendment Questions Unanswered

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

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

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

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

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

See All Updates »

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

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

Bribery, DOJ, Email, FCPA, Government Officials

See All Updates »

First Circuit Clarifies Remedies for Retaliation Under the Wage Act

On Tuesday, December 15, 2015, the United States Court of Appeals for the First Circuit issued a decision that addresses the potential remedies available under the Massachusetts Wage Act. In addition to requiring the timely…more

Employer Liability Issues, Retaliation, Treble Damages, Wage Act, Wrongful Termination

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IRS Releases Streamlined Application for Tax-Exempt Status

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

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

See All Updates »

SEC Extractive Industry Transparency Requirements Move Forward

On December 11, 2015, the Securities and Exchange Commission (“SEC”) issued a new proposed rule to implement a key provision of the Dodd-Frank Act that targets corruption and increases transparency requirements for payments made…more

Dodd-Frank, EU, Form SD, Oil & Gas, Public Comment

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Of Slants, Skins and Signs: Another Step Closer to the Showdown

In September, we discussed In re Tam and the potential for a showdown over the constitutionality of Section 2(a) of the Lanham Act. At that time, a panel of the Federal Circuit had recently upheld the PTO’s refusal to register…more

Chilling Effect, Commercial Speech, Disparagement, En Banc Review, First Amendment

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

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

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

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Can I get a C-O-P-Y-R-I-G-H-T? Sixth Circuit Holds Cheerleading Uniform Designs Copyrightable

When are clothing designs sufficiently severable from the utilitarian aspects of the clothing so that the designs can be protected by copyright? That is a question courts have wrestled with for years, and the Sixth Circuit Court…more

Cheerleaders, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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

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

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

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Amendment to the Annual Privacy Notice Delivery Obligations of Financial Institutions under the Gramm-Leach-Bliley Act contained in the FAST Act

On December 4, 2015, President Obama signed the Fixing America’s Surface Transportation Act (the ‘‘FAST Act’’) into law. Although the FAST Act’s main focus is on improving the country’s surface transportation infrastructure, the…more

Financial Institutions, Fixing America’s Surface Transportation Act (FAST Act), Gramm-Leach-Blilely Act, Investment Adviser, Privacy Notice Rule

See All Updates »

Patent Strategies For Start-Up Companies

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

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

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

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

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

See All Updates »

IRS Issues Favorable PLR Allowing an Individual Panel Owner in an Offsite, Net-Metered Community-Shared Solar Project to Claim the Section 25D Tax Credit

The Internal Revenue Service has issued a private letter ruling to an individual owner of solar panels installed in an offsite net-metered community-shared solar project confirming the individual’s eligibility for the income tax…more

Community Shared Solar, Internal Revenue Code (IRC), IRS, Net Metering, Private Letter Rulings

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Federal Circuit Expands Scope of Liability for Divided Infringement

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

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

See All Updates »

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

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

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

See All Updates »

The Madrid Protocol: Passage to India Now Open

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

Corruption, Madrid Protocol, Registration

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Foley Hoag Climate Update: February 2016

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

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

See All Updates »

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

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

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

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Partnership Audit Regime Shakeup

The recent Bipartisan Budget Act of 2015 (the “Act”) sets forth a new tax audit regime for partnerships (and limited liability companies taxed as partnerships) that will have far-reaching consequences. The new audit procedures…more

Audits, Bipartisan Budget, IRS, Limited Liability Companies, Opt-Outs

See All Updates »

SBIC Advisers Relief Act Expected to be Adopted into Law

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

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

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

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

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

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February 3, 2016 Statement of the Article 29 Working Party on the Consequences of the Schrems Judgment

In response to the announcement of the EU-U.S. Privacy Shield, the Article 29 Working Party issued its own statement, the key elements of which are as follows..…more

Article 29 Working Party (WP29), Binding Corporate Rules, Data Protection Authority, EU, EU-US Privacy Shield

See All Updates »

Contact

Seaport West 155 Seaport Boulevard
Boston, MA 02210, United States

Contact: Audra Callanan

  • 617-832-1000
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