Foley Hoag LLP

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

CERCLA’s Three Year Statute of Limitations for Contribution Applies To Non-CERCLA Settlements

Parties which settle environmental liability in a judicially approved settlement have three years from the date of that settlement in which to seek contribution even if the settlement is not a CERCLA settlement. That is the…more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Toxic Torts, Real Estate - Commercial

Don’t Put Off That New HIPAA Business Associate Agreement: September 23, 2014 Deadline Looms

It’s been a while, but we have another HIPAA deadline just around the corner: September 23, 2014. September 23, 2014 is the date by which all HIPAA business associate agreements need to be in compliance with the current…more
| Privacy, Health, Science, Computers, & Technology

U.S. Copyright Office Issues Public Draft of New Compendium

Last week, the U.S. Copyright Office announced the release of a public draft of the third edition of the Compendium of U.S. Copyright Office Practices, the administrative manual for the Register of Copyrights. A significant…more
| Intellectual Property

When Can You Be Sued For Introducing Copyrighted Works At Trial? Almost Never, But Plaintiffs Keep Trying

Professor Nimmer once identified the “weakest infringement claims of all time” as those involving attempts by copyright holders to prevent their copyrighted work from being used as evidence against them in court. “It seems…more
| Civil Procedure, Criminal Law, Intellectual Property

You Can’t Estop the Government — Even When It Wants to Be Estopped

Last week, the 9th Circuit Court of Appeals issued a decision that arguably explains everything from why the Tea Party exists to why otherwise calm and sane executives suddenly lose all their hair. Perhaps most astounding, the…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

EPA Refuses to Amend Its Backup Generator Rule: Demand Response Breathes Easier

Last Friday, EPA published notice that it would not be revising its regulations on backup generators in response to three petitions for reconsideration it had received after it promulgated its final rule in January 2013. The…more
| Energy & Utilities, Environmental Law

President Obama Issues New Executive Order on Fair Pay and Safe Workplaces

On July 31, President Obama issued an Executive Order requiring federal contractors to disclose past labor violations. The order applies to new contracts for goods and services, including construction, valued at more than…more
| Alternative Dispute Resolution (ADR), Civil Rights, Elections & Politics, Labor & Employment Law, Government Contracting

Ninth Circuit Allows Delinquent Corporation To Sue And Own Trademarks

In Southern California Darts Association v. Zaffina, the Ninth Circuit held that a corporation, whose charter had been suspended by the state of California in 1977, had standing in 2012 to sue and to own trademarks as an…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Intellectual Property

EPA Publishes Final 316(b) Rule: Flexibility for Generators Means Litigation By Environmental Groups

Last Friday, EPA finally published its § 316(b) rule in the Federal Register. As we noted in May, the rule is more significant for what it does not do – require closed cycle cooling – than for what it does…more
| Energy & Utilities, Environmental Law

Protecting the Rights of LGBT Employees in the United States and Abroad

On July 21, President Obama issued an Executive Order prohibiting federal government contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) employees. The President directed the U.S. Department…more
| Civil Rights, Labor & Employment Law, International Law & Trade, Government Contracting

IP Protection For Novelty T-Shirts: Copyright Or Trademark?

No matter how sophisticated we are on the outside, on the inside everyone has a favorite novelty t-shirt buried deep in the recesses of their juvenile subconscious. Mine is one that says “Welcome to Philadelphia. Now Go Home,”…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Republican State Parties Challenge SEC’s Pay-to-Play Rule

On August 7, 2014, the New York Republican State Committee and Tennessee Republican Party (the “Plaintiffs”) filed a civil suit against the Securities and Exchange Commission (the “SEC”) seeking to overturn Rule 206(4)-5 under…more
| Commercial Law & Contracts, Constitutional Law, Elections & Politics, Securities Law

Highlights of Congressional Hearings on Copyright Remedies: Statutory Damages, Small Claims and Felonious Streaming

On July 24, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings on the subject of copyright remedies. Most of the…more
| Civil Remedies, Elections & Politics, Intellectual Property, Science, Computers, & Technology

Importance of Judicial Approval of CERCLA Settlements

Before a Superfund settlement becomes enforceable, it must be reviewed by a federal court to confirm that it is fair, reasonable, and consistent with CERCLA’s objectives. This judicial review is at the heart of CERCLA’s…more
| Civil Procedure, Environmental Law, Toxic Torts, Real Estate - Commercial

Massachusetts Enacts Domestic Violence Leave for Employees

On August 8, 2014, Governor Deval Patrick signed into law a bill relating to domestic violence. Among other provisions, the law creates a new category of job-protected leave for employees. Massachusetts employers with 50 or more…more
| Civil Remedies, Civil Rights, Labor & Employment Law
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