Foley Hoag LLP

Three Strikes and Mingo Logan Is Out: The D.C. Circuit Affirms EPA Withdrawal of Approval of Mountaintop Removal Disposal Sites

In 2013, the D.C. Circuit affirmed EPA’s authority to withdrawal approval of mountaintop mining disposal sites, even after the Army Corps has issued a Section 404 permit. In 2014, the District Court rejected Mingo Logan’s…more
| Administrative Law, Civil Procedure, Environmental Law, Zoning, Planning & Land Use

The Federal Trademark Statute Assumes Hillary Can’t Win

Today’s example of unintentional sexism comes to us from Section 2(c) of the Lanham Act. On its face, the language of the statute assumes that someone other than Hillary will win the 2016 presidential election – and it won’t be…more
| Civil Rights, Communications & Media Law, Elections & Politics, Intellectual Property

Cybersecurity News & Notes – July 2016 #3

In Case You Missed It: Court certifies class in suit against Apple. On July 15, 2016, U.S. District Judge Jon S. Tigar certified a class of users of the mobile app Path, who allege that Apple facilitated the app’s access their…more
| Antitrust & Trade Regulation, Consumer Protection, Health, Privacy, Science, Computers, & Technology

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases the…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

EEOC Revises Proposed Rule on Pay Data Collection

On July 13, 2016, the Equal Employment Opportunity Commission (EEOC) announced revisions to its proposed pay data collection rule, which would require employers with 100 or more employees to annually report employee pay data on…more
| Civil Rights, Labor & Employment Law

NLRB Ruling Makes It Easier to Organize Temporary Workers

On July 11, 2016, the National Labor Relations Board in Miller & Anderson, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that…more
| Labor & Employment Law

Second Circuit Holds that the U.S. Government Can’t Order Microsoft to Disclose Customer Emails Stored in Ireland

In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies to…more
| Civil Procedure, Constitutional Law, Consumer Protection, International Law & Trade, Privacy

Exxon Sues Massachusetts AG to Block Civil Investigative Demand

On June 15, 2016, Exxon sued Massachusetts AG Maura Healey in federal court in Texas, seeking to bar the enforcement of AG Healey’s April 19, 2016 civil investigative demand, issued pursuant to M.G.L. c. 93A, the Commonwealth’s…more
| Energy & Utilities, Environmental Law

At Long Last, US-EU Privacy Shield Adopted By EU Member States

Key takeaways: .. The Privacy Shield will now go into effect. .. The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016. .. Expect more challenges to the Privacy Shield…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

Pokémon Go Catches More Than It Bargained For

The recently-released Pokémon Go has quickly emerged as a cultural phenomenon, with legions of players using their phones to “catch” Pokémon that emerge all around them, visible (thankfully) only to players. While catching…more
| Privacy, Science, Computers, & Technology

En Banc Federal Circuit Clarifies Application of On-Sale Bar to Contract Manufacturing

On July 11, 2016, the Federal Circuit, sitting en banc in The Medicines Company v. Hospira, held that a contract manufacturer’s sale of manufacturing services to an inventor did not constitute a sale of the patented invention…more
| Intellectual Property, Science, Computers, & Technology

SEC Proposes Rule Requiring Investment Advisers to Adopt Business Continuity and Transition Plans

The Securities and Exchange Commission (“SEC”) has recently proposed a new rule that would require SEC-registered investment advisers to adopt and implement written business continuity and transition plans (“BCP”) reasonably…more
| Business Organizations, Finance & Banking, Securities Law

Bastille Day Fireworks and Copyright

Bastille Day is a French national holiday that commemorates the storming of the Bastille on July 14, 1789, an important episode in the French Revolution. Each year, Paris celebrates the day with an elaborate military parade down…more
| Intellectual Property

Wyoming Prohibits Trespassing For Resource Data Collection: Might Massachusetts Follow?

In a fascinating case, Judge Scott Skavdahl (who recently struck down BLM’s fracking regulations) dismissed challenges from NRDC and PETA, among others, to a Wyoming law that prohibits trespassing on private land for the purpose…more
| Constitutional Law, Environmental Law, Privacy, Real Estate - Commercial, Real Estate - Residential

Cybersecurity News & Notes – July 2016 #2

In Case You Missed It: The EU/US Privacy Shield is set to go into effect this Tuesday, July 13, pending a decision today by the EU’s College of Commissioners. On Friday, July 8, the Privacy Shield agreement (entered into in…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology
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Contact: Audra Callanan

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