Foley Hoag LLP

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

Contact: Jasmine Trillos-Decarie

  • 617-832-1000
  • 617-832-7000

Product Liability Update - July 2014

In This Issue: - Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in Merits…more
| Civil Procedure, Personal Injury, International Law & Trade, Products Liability, Science, Computers, & Technology

Cayman Islands Directors Registration and Licensing Law: CIMA Requires Registration or Licensing of Fund Directors by September 3 (Including Directors Employed by Fund’s Investment Manager)

Under the Cayman Islands Directors Registration and Licensing Law 2014 (the “Law”), beginning June 4, 2014 directors of (a) “mutual funds” regulated under the Cayman Islands Mutual Funds Law (2013 Revision) and (b) companies…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Copyright Office: Aereo Likely Not A Cable Company

We previously reported on the Supreme Court’s recent decision on June 25, 2014 that Aereo, Inc.’s internet television service infringed the copyright of the programs being transmitted by the service. In holding that Aereo was…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

SEC Issues Staff Legal Bulletin No. 20: Clarifying Disclosure Requirements For Proxy Advisory Firms

Background - On June 30, 2014, the SEC’s Divisions of Investment Management and Corporation Finance released Staff Legal Bulletin No. 20, a set of thirteen Questions and Answers offering guidance on..…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

An Update On Standing — Some Specifics Really Are Required

Last week, the 9th Circuit Court of Appeals affirmed EPA’s approval of Nevada’s State Implementation Plan for regional haze against a challenge by WildEarth Guardians. The decision isn’t earthshaking. However, because it found…more
| Civil Procedure, Constitutional Law, Energy & Utilities, Environmental Law

“Big Chocolate” Gets Injunction Against Whack-A-Mole Senator; Trademark “Services” Include Political Activities

Last week, Judge William Quarles of the District of Maryland issued an injunction preventing Maryland Republican State Senator Steve Hershey from using his own campaign literature. The case was brought by the Hershey Chocolate…more
| Civil Remedies, Communications & Media Law, Elections & Politics, Intellectual Property

App Developers Should Note Revisions to COPPA FAQs

The FTC’s July 10, 2014 complaint filed against Amazon has left app developers with concerns about how to make apps that target kids and still comply with the law. The complaint, brought under Section 5(a) of the FTC Act,…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

SEC Issues Interpretive Advice About Verification Safe Harbors Under Rule 506(c)

The availability of the private placement exemption under SEC Rule 506 depends in large measure upon determinations that purchasers are “accredited investors” under the rules. Where there is no general solicitation, Rule 506(b)…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law, Taxation

Fifth Circuit Issues Important Ruling on Affirmative Action in Higher Education

Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at Austin…more
| Civil Procedure, Civil Rights, Constitutional Law, Education

Federal Court Holds Manufacturer of Investigational Drug and Medical Device Responsible for Clinical Trial Investigator’s Allegedly Inadequate Informed Consent Form

In a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a…more
| Civil Procedure, Personal Injury, Products Liability, Science, Computers, & Technology

Settling Parties In Government Consent Orders Have CERCLA Claims For Contribution Not Cost Recovery

To the extent there was any remaining uncertainty, the Sixth Circuit has now made crystalline that a party settling some or all of its liability under CERCLA with the United States or a state has a contribution claim under…more
| Administrative Law, Civil Procedure, Environmental Law, Toxic Torts, Real Estate - Commercial

Copyright As An Online Reputation Management Tool: A Round Hole For A Square Peg

So, how is copyright law doing as an online reputation management tool? We have written many times recently about the use of copyright law to do what defamation law can’t: take stuff down from the internet. A politician…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Personal Injury, Intellectual Property

EPA Wins Two Clean Water Cases in One Day: The Fourth Circuit Affirms a Narrow Construction of the Permit Shield Defense

Yesterday, I noted that the D.C. Circuit rejected challenges to EPA’s Enhanced Coordination Process and Final Guidance on Clean Water Act permitting for mining activities. It was not EPA’s only CWA victory. On the same day, the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Still Using Economic (and Safety) Arguments to Reduce Greenhouse Gas Emissions: Massassachusetts Enacts Gas Leak Legislation

As I noted last year, there has been a concerted effort on the part of those fighting climate change to emphasize economic issues in connection with their policy proposals. That post concerned Senator Markey’s efforts to…more
| Energy & Utilities, Environmental Law

Westlaw and Lexis Finally Agree: Providing Copyrighted Legal Briefs To Customers Is Fair Use

Every attorney in the United States understands that West Publishing Corp. (“Westlaw”) and the LexisNexis Group (“Lexis”) are perennial rivals in the electronic legal research field. As such, they don’t agree on much, but there…more
| Civil Procedure, Intellectual Property
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