Foley Hoag LLP

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

EPA’s Clean Power Plan: Potentially New and Improved?

On Tuesday, EPA issued a Notice of Data Availability, requesting further comment on some specific issues that have been raised since it published its draft Clean Power Plan in June. My immediate reaction? My head hurts…more
| Administrative Law, Energy & Utilities, Environmental Law

The Haunted History of the Hallowine Trademark

Brewers, distillers, and vintners are no strangers to themed seasonal offerings, so it’s not surprising that Halloween brings out some decidedly decrepit monikers. From PUMPKINHEAD (think reaping) to NOSFERATU, WITCH’S WIT to…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Alien Tort Case Development: The Second Circuit Assesses the Appropriate Focus of Jurisdictional Inquiries

On October 23, the Second Circuit Court of Appeals issued a decision in Mastafa v. Chevron Corp., a case filed against Chevron Corp. and BNP Paribas pursuant to the Alien Tort Statute (“ATS”). The court upheld the District…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Personal Injury, International Law & Trade

The FTC Wants to Regulate the Internet of Things, Including Your Car

The FTC recently filed a comment on the National Highway Traffic Safety Administration’s advance notice of proposed rulemaking related to vehicle-to-vehicle communications. The comment left no doubt that the FTC wants to…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

Tenant Who Sublets A Superfund Site Is Not Likely To Be A CERCLA Liable Party

It is generally the rule that a lessee who does not operate the property it rents will not be liable under CERCLA except in the unusual circumstance where the lessee qualifies as an “owner” of the property. Typically, this…more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Toxic Torts, Real Estate - Commercial

FDA Flunks Data Security Exam

Last week, the HHS Office of Inspector General released a damning report on FDA’s data security: “The objective of this review was to determine whether the FDA’s network and external Web applications were vulnerable to…more
| Administrative Law, Privacy, Health, Science, Computers, & Technology

FERC’s Order 745 — Still In Effect For Now

The D.C. Circuit Court of Appeals has stayed its mandate vacating FERC Order no. 745, regarding demand response. The mandate is stayed at least until December 16, 2014, by which point FERC must petition the Supreme Court for…more
| Administrative Law, Civil Procedure, Energy & Utilities

COPPA Compliance is Important for General Audience Websites, Too

Yelp’s $450,000 settlement with the FTC in September should serve as an important reminder for all owners and operators of websites or mobile apps – even if your site is not for kids, you need to know and abidge by what the…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Defamation From Beyond the Grave: Using Your Last Will To Get In The Last Word

Halloween is a good time to think about how you want to die. Do you want to leave the world peacefully? Or do you want to go down trash talking, making sure that your enemies know exactly what you think about them, and that…more
| Civil Procedure, Communications & Media Law, Personal Injury, Wills, Trusts, & Estate Planning

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

FCC Enters the Data Security Enforcement Field with $10 Million Fine on Telecoms

In a first for the FCC, it announced on October 24 that it intends to fine two telecom companies $10 million for data security violations..…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law

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
| Civil Rights, Education, Labor & Employment Law

More Sauce For Standing the Goose: Industry Associations Cannot Challenge EPA’s E15 Rule

I have previously noted that standing is a double-edged sword. Most commonly, the regulated community uses standing to keep citizen plaintiffs out of court. However, as the D.C. Circuit Court of Appeals demonstrated yesterday,…more
| Administrative Law, Civil Procedure, Constitutional Law, Environmental Law

Modern Slavery Bill in the United Kingdom Expected to Include Public Reporting Requirement

Earlier this month, the U.K. Home Office announced that a measure requiring public reporting by British companies would be included in the Modern Slavery Bill that is currently being considered by the House of Commons. The…more
| Civil Rights, Commercial Law & Contracts, Elections & Politics
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