Foley Hoag LLP

MassDEP Has A Lot of Discretion in Implementing the Global Warming Solutions Act

Unsatisfied with the pace of the administration’s implementation of the Global Warming Solutions Act, the Conservation Law Foundation sued the Massachusetts Department of Environmental Protection, seeking a court order requiring…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

SEC Radically Revamps Regulation A - Part 2

Contents of Offering Statement - For many years, SEC Regulation A languished as an exemption from registration that nobody really used. Although securities issued in a Regulation A offering are not “restricted securities”…more
| Business Organizations, Finance & Banking, Securities Law

SEC Radically Revamps Regulation A - Part 1

Eligibility and Offering Size - For many years, SEC Regulation A languished as an exemption from registration that nobody really used. Although securities issued in a Regulation A offering are not “restricted securities”…more
| Business Organizations, Finance & Banking, Securities Law

The First, First Circuit Court to Opine on a Newman Challenge

And the Insider Trading Charges Stick - On May 12, 2015, in United States v. Douglas Parigian, U.S. District Court Judge Denise Casper became the first judge in the First Circuit to opine on a challenge to insider trading…more
| Business Torts, Civil Procedure, Criminal Law, Securities Law

Attorney General Announces 6-Month “Safe Harbor” Under Earned Sick Time Law

On Monday, May 18, 2015, the Office of the Attorney General announced a “safe harbor” for some employers under the Massachusetts Earned Sick Time Law. Specifically, the Attorney General has determined that for the so-called…more
| Labor & Employment Law

Is the Shrinking Availability of Joint And Several Liability In Superfund Cases A Good Thing?

Although it has taken a surprisingly long time, the holding in Burlington Northern which greatly lowered the standard for apportionment in Superfund cases is finally being embraced by lower courts. Last fall I blogged about a…more
| Environmental Law, Real Estate - Commercial, Toxic Torts

“Hollywood Circuit” Court Issues En Banc Decision in Garcia v. Google: No Copyright Protection for Fleeting Dramatic Performance

On May 18, 2015, the Ninth Circuit sitting en banc vacated its prior decision in Garcia v. Google. The prior decision, authored by Judge Alex Kozinksi, controversially held that an actress had standing to issue a DMCA takedown…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

The SJC Walks Back the GE Decision; State Agencies Can Protect Work Product

In its 1999 decision in GE v. DEP, the SJC surprised most Massachusetts lawyers by ruling that the Commonwealth’s Public Records Act (our version of FOIA) did not have an exemption for work product materials and that it had no…more
| Civil Procedure, Environmental Law, Government Contracting

Eleventh Circuit Mops the Floor With Invalidity Ruling: Faux-Hardwood Gets Copyright Protection

Last year, the District Court in Home Legend v. Mannington Mills gave three reasons for its holding that the designs on faux-hardwood flooring material, which are intended to look like real maple floors, were not subject to…more
| Construction Law, Intellectual Property

Shareholder Proposals Regarding Corporate Respect for Human Rights

Shareholder proposals filed during this year’s proxy season reflect investors’ continued concerns about the social and environmental impacts of corporate operations. The Proxy Preview published by As You Sow, the Sustainable…more
| Business Organizations

Direct Infringement Has Its Turn in the Limelight

Akamai’s Return to the Federal Circuit - In the latest round of the long-running saga of Akamai Technologies, Inc. v. Limelight Networks, Inc., a Federal Circuit panel on Wednesday reiterated that there is no direct…more
| Business Torts, Intellectual Property, Science, Computers, & Technology

Are Concurrent CERCLA Claims For Section 107(a) Cost Recovery and Section 113(f) Contribution Permissible?

Given the uncertainties after Cooper Industries v. Aviall about what cause of action a PRP has for recovering response costs under CERCLA, many parties take the prudent course of pleading claims under both for cost recovery and…more
| Civil Procedure, Civil Remedies, Environmental Law, Toxic Torts, Real Estate - Commercial

Foley Hoag Climate Negotiations Tracker Document: - May 2015

Since the 19th Conference of the Parties (COP) to the UN Framework Convention on Climate Change, parties have been developing their Intended Nationally Determined Contributions (or INDCs) to comprise their individual commitments…more
| Energy & Utilities, Environmental Law, International Law & Trade

FBAR Filing Deadline Approaching

Reports Due by the End of June - Every U.S. person that had a financial interest in, or signature or other authority over, a foreign financial account during 2014 must electronically file with the U.S. Treasury Department…more
| Finance & Banking, International Law & Trade, Taxation

Is There Any End to Post-Closure Care Under RCRA?

Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It’s not good news…more
| Administrative Law, Environmental Law, Toxic Torts
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Contact

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

Areas of Practice
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