Foley Hoag LLP

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

Don’t Mess with Texas Trademarks

As a native Texan, I always feel a bit nostalgic and homesick around early March. Not only is bluebonnet season (read: spring) around the corner (if only that were true here in Boston!), but March 2 marks Texas Independence Day…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Self Righteousness Still Does Not Help the Environmentalists’ Cause

Fully five years ago, I noted that the cavalier treatment by government officials of FOIA requests made by opponents of government policy revealed a degree of self-righteousness that was both offensive and self-defeating –…more
| Administrative Law, Elections & Politics, Environmental Law

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently from…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

No Competitors In My Backyard?

In Paradise Lost, John Milton wrote that “easy is the descent into Hell, for it is paved with good intentions.” A modern environmental lawyer might say that the road to waste, inefficiency, and obstruction is paved with good…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

CERCLA’s Confusion Between Section 107 and Section 113

Over a decade after the Supreme Court’s decision in Cooper Industries v. Aviall, the divide between CERCLA Section 107 cost recovery claims and Section 113 contribution claims remains unsettled. PRPs incurring response costs at…more
| Administrative Law, Civil Remedies, Environmental Law, Real Estate - Commercial, Toxic Torts

HIPAA Compliant Technology and the Importance of Encryption

We welcome this guest blog by Gene Fry, Compliance Officer, Scrypt, Inc. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. This means that any covered…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

Divided Federal Circuit Panel Upholds Patent Office’s “Broadest Reasonable Interpretation” Standard for Construing Claims in Post-Grant Review

In a 2-1 decision in In re Cuozzo Speed Technologies LLC, No. 14-1301 (Fed. Cir. Feb. 4, 2015), the Federal Circuit recently held that the Patent Office may apply the “broadest reasonable interpretation” standard to construe the…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

UDRP Panel Tells Snapchat to Check Itself Regarding Snapchatcheck.com

By now you’ve probably heard of Snapchat. But if you are not among its growing core base of users between 13 and 23 years of age (probably a good deal younger than you, constant reader) there’s a good chance you are not a…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Musings on Another Snowy Morning While Waiting For the Redline in Boston

As two current events illustrate, climate change over the coming years is likely to test and ultimately expose the fundamental inadequacy of much of the infrastructure built to support modern societies. The first current event…more
| Environmental Law, Zoning, Planning & Land Use

Update on President Obama’s “Summit on Cybersecurity and Consumer Protection,” Part III: Five Key Lessons for Business

Concluding our three-part analysis of the White House’s first Summit on Cybersecurity and Consumer Protection, we turn to some practical advice coming out of the Summit’s afternoon session, including an address by Maria…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

Privacy Issues in Smart Electrical Grids: Another Internet of Things Problem

Smart grids – electrical grids that allow two-way communication between utilities and consumers – represent an exciting frontier in the Internet of Things, with ramifications for energy efficiency, weather resiliency and climate…more
| Consumer Protection, Energy & Utilities, Privacy, Science, Computers, & Technology

Venture Perspectives: Second 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: Q2 2013 -Q2 2014 - All Rounds - Activity Level…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Is It Too Late to Just Throw Superfund to the Curb?

Last week, Judge Paul Borman of the Eastern District of Michigan, allowed a motion by the United States for judgment on the pleadings, dismissing a third-party complaint brought against the United States by Michigan Consolidated…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law, Real Estate - Commercial

An Analysis of the Problems at the MBTA: Is This the Origin of “Sue-and-Settle”?

On Sunday, the Boston Globe had a fairly comprehensive look at the causes of the current failings of the MBTA. Interesting reading for those who like to belabor the obvious. The short version? Lack of political will and…more
| Elections & Politics, Finance & Banking, Transportation

The Impact of the Clean Power Plan on Reliability: Now We Have Dueling Assessments

In November, the North American Electric Reliability Corporation provided its “Initial Reliability Review” of EPA’s Clean Power Plan. NERC raised a number of concerns about the impact of the CPP on reliability…more
| Energy & Utilities, Environmental Law
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