Foley Hoag LLP

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

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

The PTO vs. The Phantom Marks: A Ghost Story

Don’t read this one before bed. As autumn sets in and Halloween approaches, my mind turns to jack-o-lanterns, skeletons, and phantoms. Phantom marks, that is. Equally incorporeal though perhaps somewhat less frightening…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Georgia State Academic Fair Use Decision Vacated by 11th Circuit: A (Relatively) Quick Read for the Busy Practitioner

Last Friday, the 11th Circuit Court of Appeals vacated and remanded the Northern District of Georgia’s 350-page fair use analysis of the electronic reserves practices at Georgia State University (“GSU”). Although this reversal…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Education, Intellectual Property

Superman Dodges a Bullet: Supreme Court Denies Certiorari in Heirs’ Bid to Reclaim Character Copyright

Close on the heels of the settlement between Marvel Comics and Jack Kirby’s heirs, which ended their dispute over copyright in a number of iconic comic book characters, the heirs to one of Superman’s co-creators, artist Joseph…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Wills, Trusts, & Estate Planning

UCS Says to Add More Renewables to the Clean Power Plan; If It’s Better, Does that Make It Best?

The Union of Concerned Scientists today announced release of a report which attempts to document that the renewable energy “building block” in EPA’s Clean Power Plan is not sufficiently aggressive. The report argues that, just…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

Product Liability Update - October 2014

In this Issue: - Massachusetts Appeals Court Holds Trial Court Properly Instructed Jury on Absolute “Unreasonable Use” Warranty Defense Where Plaintiff Ignored Warning Label and Safety Manual and Had Been Drinking, and…more
| Civil Procedure, Personal Injury, Products Liability

Appearances Aside, “Something More” Still Needed for Trademark Infringement Liability in Keyword Advertising Cases

Search engine optimization is a vital issue for brand owners. When a potential customer searches online for Company A, a well-known brand, Company A naturally wants its own website to be as high in the search results as…more
| Civil Procedure, Communications & Media Law, Intellectual Property

What a Shock?! Nebraska’s Early Challenge to EPA’s Clean Power Plan Is Dismissed

Opponents of EPA’s Clean Power Plan have not been willing to wait until a final rule has been promulgated before challenging EPA’s authority. On Monday, Nebraska’s challenged was dismissed – not surprisingly – as premature…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

Superheroes for Hire? Marvel Comics and Jack Kirby Heirs Settle Character Copyright Dispute

As regular readers of this blog will know, comic book superheroes frequently find themselves at the center of legal disputes over copyright in fictional characters. In many cases, both sides agree that the characters in…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

“Textbook Dictionary” Definitions Not Fair Use, Says Mass. Federal Court

On September 26, 2014, the District of Massachusetts shot down a plan to develop a “textbook dictionary.” James Richards, inspired in part by the Autobiography of Malcolm X, developed a project to convert the dictionary from a…more
| Intellectual Property, Science, Computers, & Technology

EPA Really Does Have Authority To Withdraw Specifications Under Section 404 of the Clean Water Act

Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material, even after the Army Corps has issued a permit for the discharge…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Opportunities for Trademark and Copyright Lawyers To Volunteer During Pro Bono Month

October is Pro Bono Month in many states, including Massachusetts, New York, Michigan, New Hampshire, Maine, Rhode Island, Indiana, Tennessee, and Alabama. The ABA has created an annual weeklong National Pro Bono Celebration,…more
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