Foley Hoag LLP

EPA Is Not an Expert in Determining Electric System Reliability

The D.C. Circuit Court of Appeals just reversed and remanded EPA’s rule allowing backup generators to operate for up to 100 hours per year as necessary for demand response. It’s an important decision that could have lessons for…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

When Does a Judge Refuse an Unopposed Motion to Enter a Consent Decree?

Last week, Judge John Copenhaver refused to allow a motion by the United States to enter a consent decree that would have resolved government claims against DuPont concerning alleged violations of the Clean Air Act, CERCLA, and…more
| Administrative Law, Civil Procedure, Environmental Law

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its…more
| Administrative Law, Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law

SEC Issues Cybersecurity Guidance Update for Investment Advisers

On April 28, 2015, the SEC’s Division of Investment Management (the “Division”) issued a Guidance Update regarding the SEC’s initiative to assess cybersecurity preparedness and threats in the securities industry, further…more
| Privacy, Science, Computers, & Technology, Securities Law

The Stormwater Mess Continues in Massachusetts: CLF and CRWA Sue EPA

In February, we noted that the Conservation Law Foundation and the Charles River Watershed Association had threatened to sue EPA for failing to require that “commercial, industrial, institutional, and high density residential…more
| Environmental Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

FATCA Compliance Deadline Reminder – Cayman Islands

Cayman Islands investment entities that have been classified as “Reporting Cayman Islands Financial Institutions” for purposes of FATCA should make every effort to enroll with the Cayman government by the April 30, 2015 deadline…more
| Finance & Banking, Taxation

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
| Elections & Politics, Health, Science, Computers, & Technology

Massachusetts Attorney General Issues Proposed Regulations Regarding Earned Sick Time Law

On April 24, 2015, the Massachusetts Office of the Attorney General issued proposed regulations regarding the Earned Sick Time law. The law, which was passed by voters on November 4, 2014 and takes effect on July 1, 2015,…more
| Labor & Employment Law

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff…more
| Civil Remedies, Communications & Media Law, Personal Injury, Intellectual Property, Science, Computers, & Technology

Massachusetts SJC Rules that Taxicab Drivers Are Independent Contractors Under the Wage Act

On April 21, 2015, the Massachusetts Supreme Judicial Court (SJC) held in Sebago, et al. v. Boston Cab Dispatch, Inc., et al., that taxicab companies may classify taxicab drivers as independent contractors. The plaintiffs in…more
| Commercial Law & Contracts, Labor & Employment Law, Transportation

Venture Perspectives: Third Quarter 2014

New England Outlook - Quarterly Review of Seed, Series A and Series B/Later Round Financings - Included in this Issue: .. Activity Level of New England Transactions: Q3 2013 -Q3 2014 - All Rounds .. Activity…more
| Business Organizations, Finance & Banking, Securities Law

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

Section 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture Ass’n…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Business Torts, Intellectual Property

Majority Support for a Carbon Tax?

What are the politics of climate change? A new poll done by Stanford University and Resources for the Future suggests that the public may be more ready to regulate carbon taxthan has previously been thought. When asked if “the…more
| Elections & Politics, Energy & Utilities, Environmental Law, Taxation

Third Circuit Lets Wal-Mart Exclude Firearms Proposal Under the “Ordinary Business Operations” Exception

On April 14, 2015, the U.S. Court of Appeals for the Third Circuit summarily reversed a troubling decision of the Federal District Court in Delaware that required Wal-Mart to include in its 2015 proxy materials a shareholder…more
| Business Organizations, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Securities Law

FATCA: Upcoming Compliance Deadlines for Non-U.S. Financial Institutions

During the multi-year build-up to FATCA, the primary focus was on entity classification and registration, and less attention was paid to the compliance obligations of U.S. and non-U.S. entities affected by FATCA. Withholding and…more
| Finance & Banking, International Law & Trade, Taxation
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Contact

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
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Other U.S. Locations
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Other Countries
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Number of Attorneys

100+ Attorneys

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