Foley Hoag LLP

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
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Taxation

If It Walks Like a Carbon Tax and Talks Like a Carbon Tax, (Then the GOP Hates It.)

On February 4, 2015, the White House released a fact sheet describing its efforts to create a “21st Century Clean Transportation System”. There’s a lot of interesting material in the plan, but all the headlines have been on the…more
| Elections & Politics, Energy & Utilities, Environmental Law, Taxation, Transportation

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

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: recent developments with regard to a major Alien Tort Statute case,…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Communications & Media Law, International Law & Trade

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
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

If MassDEP calls…

At a recent meeting of the Massachusetts Department of Environmental Protection’s Waste Site Cleanup Advisory Committee, MassDEP announced that it will soon begin the process of contacting owners of previously closed sites where…more
| Environmental Law, Real Estate - Commercial

The Cybersecurity Act of 2015: Implications for Threat Sharing

On December 18, 2015, President Obama signed the Cybersecurity Act of 2015 (The “Act”), legislation designed to combat online threats to the federal government, state and local governments, and private entities. Within the Act…more
| Civil Procedure, Consumer Protection, Elections & Politics, Privacy, Science, Computers, & Technology

EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

What follows below is the EU’s press release regarding the agreement on a replacement for the EU-US Safe Harbor. We are working to get details and will schedule a webinar on the new framework shortly…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

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
| Civil Procedure, Conflict of Laws, Consumer Protection, Products Liability, Science, Computers, & Technology

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
| Civil Procedure, Civil Remedies, Consumer Protection, Personal Injury, Products Liability

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
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of…more
| Business Organizations, Finance & Banking, Intellectual Property, Labor & Employment Law, Taxation

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
| Health, Science, Computers, & Technology

Prognosticating the Ozone Standard Litigation: EPA to Win, Environmental Petitioners to Place, Murray Energy to Show

Last week, the “Public Health and Environmental Petitioners” challenging EPA’s decision not to reduce the ozone standard below 0.070 ppm filed their “Non-Binding Statement of Issues.” My crystal ball still tells me that the…more
| Civil Procedure, Energy & Utilities, Environmental Law

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
| Civil Procedure, Energy & Utilities, Environmental Law, Science, Computers, & Technology, Securities Law

AIG Bows Out of the Pollution Legal Liability Market

On January 26, 2016, insurance giant AIG announced a major restructuring designed to make it a “more profitable and focused insurer.” Apparently as a result of these efforts to streamline and slim down, AIG has begun notifying…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Insurance, Real Estate - Commercial
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Seaport West 155 Seaport Boulevard
Boston, MA 02210, United States

Contact: Audra Callanan

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