Foley Hoag LLP

Cybersecurity 2017 – The Year in Preview: Emerging Security Threats

Editor’s note: This is the fourth in a continuing end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, and HIPAA compliance. Our last two posts will focus on the energy industry,…more
| Consumer Protection, Privacy, Science, Computers, & Technology

EPA Surrenders in the Regional Haze Dispute With Texas

As I noted when the 5th Circuit Court of Appeals stayed EPA’s disapproval of Texas’s regional haze plan, EPA had pretty much no chance of winning. Although the parties then stayed the litigation to talk settlement, EPA announced…more
| Civil Procedure, Elections & Politics, Energy & Utilities, Environmental Law

HHS OCR Alert: Phishing Email Disguised as Official OCR Audit Communication

This alert just in from HHS OCR: “It has come to our attention that a phishing email is being circulated on mock HHS Departmental letterhead under the signature of OCR’s Director, Jocelyn Samuels. This email appears to be…more
| Consumer Protection, Health, Privacy, Securities Law

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner…more
| Civil Procedure, Intellectual Property

Key Points Regarding the New European Union Conflict Minerals Agreement

On November 22, the Presidency of the European Council and the European Parliament announced agreement on the text of a new conflict minerals regulation. The agreement is based on the “political understanding” that was…more
| Commercial Law & Contracts, International Law & Trade

More on HIPAA Audits for 2016 and 2017–Desk Audits and On-Site Audits

As part of the ongoing HHS OCR HIPAA audit initiative, it is conducting “HIPAA desk audits.” These audits don’t involve auditors coming in your facility. Instead, covered entities are being asked to submit documents on..…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

Cybersecurity 2017 – The Year In Preview: HIPAA Compliance

Editor’s Note: This is the third in a continuing end-of-year series. The year ahead promises to be a busy one for those with responsibility for HIPAA compliance, as the Office of Civil Rights (OCR), charged with…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

Federal Court Blocks New Overtime Rule

On November 22, 2016, a federal judge in Texas issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its new overtime rule. The rule – which would have raised the salary threshold below…more
| Civil Remedies, Labor & Employment Law

Cybersecurity 2017 – The Year In Preview: The Changing Face of State Law and Enforcement

Editor’s Note: This is the second in a continuing end-of-year series. Stay tuned for our next installment, discussing HIPAA compliance. In the patchwork of state and federal law regulating the use and maintenance of…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat…more
| Business Organizations, Consumer Protection, Privacy, Securities Law

DEP Is Trying to Implement Kain. How Are They Doing?

When the Supreme Judicial Court ruled in Kain that § 3(d) of the Global Warming Solutions act requires MassDEP to promulgate emission limits for multiple source categories, requiring declining annual emissions enforceable in…more
| Civil Procedure, Energy & Utilities, Environmental Law

A Difference With A Distinction: The Second Circuit Upholds Preliminary Injunction In Parallel Imports Case

In Abbott Laboratories, et al. v. H&H Wholesale Services, Inc., et al., the United States Court of Appeals for the Second Circuit affirmed a preliminary injunction issued in a trademark case focused on the parallel importation…more
| Commercial Law & Contracts, Intellectual Property, International Law & Trade

Five on Friday – Special Post-Election Edition

It’s Friday and time for an overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post is focused entirely on responses to the recent election of Donald Trump as the next…more
| Communications & Media Law, Elections & Politics, Environmental Law

Opportunism Knocks: The (Likely) Futility Of “ZIKA” Trademark Applications

As an intellectual property attorney, I find the phenomenon of trademark opportunism to be a curious, and sometimes amusing, thing. (I don’t get out much.) As soon as a distinct word, phrase, sound bite, or concept emerges in…more
| Intellectual Property

Let the Environmental Trade Wars Begin!

While speculation is rampant regarding just far President Trump will go to roll back progress on climate change in the United States, Nicolas Sarkozy has fired what might be called a metaphorical shot across Trump’s bow. In a…more
| Elections & Politics, Energy & Utilities, Environmental Law, International Law & Trade, Taxation
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Contact

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

Contact: Audra Callanan

  • 617-832-1000
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Areas of Practice
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