LexisNexis® Legal Newsroom
Foley & Lardner: A Compilation of SEC Enforcement and Non-Enforcement Actions – July 2011

Non-Enforcement Matters New Investment Adviser Rules On June 22, 2011, the SEC adopted certain rules and amendments that implement various federal securities initiatives focusing on investment advisers under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). Essentially,...

Foley & Lardner: PCAOB Issues Concept Release Seeking Input on Possible Changes to Auditors' Reports

On June 21, 2011, the Public Company Accounting Oversight Board (PCAOB) issued a concept release seeking input on possible changes to auditors' reports. These changes, if adopted, have the potential to increase both the cost of required audit services and the legal liability faced by both companies...

Foley & Lardner Labor and Employment Law Weekly Update (Week of July 25, 2011)

"Associational Disability Discrimination" - Yet Another Protected Category Written by: Jeffrey S. Kopp Everyone knows the Americans with Disabilities Act (ADA) ( http://www.ada.gov/ ) prohibits employers from discriminating against employees because of their mental or physical disabilities...

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 1, 2011)

Baby, It's Hot Outside! OSHA Undertakes Campaign to Prevent Heat-Related Illness in the Workplace By Mark J. Neuberger Much of the country has been sweltering under record high temperatures in what may yet develop into the hottest summer on record. Maintaining normal operations and productivity...

Foley & Lardner Labor and Employment Law Weekly Update (Week of February 13, 2012)

Appeals Court Finds Employer Liable for Supervisor's Same-Sex Sexual Harassment by Ryan N. Parsons A recent case reminds us to take all claims of sexual harassment seriously, including when the two employees are of the same sex. In Cherry v. Shaw Coastal [ an enhanced version of this opinion...

Foley & Lardner LLP: Jan. 1 Deadline For Privacy Policy Compliance With California’s ‘Do Not Track’ Law

A recently signed California law requires website operators to include a disclosure in their privacy policies regarding how their websites respond to “Do Not Track” mechanisms. California Governor Jerry Brown recently signed into law a bill that requires operators of websites and online services...

Foley & Lardner LLP: Are You Ready For California’s ‘Do Not Track’ Requirements?

Over the last several months, California has passed several new privacy and data protection laws that impact operators of websites, online services and mobile applications around the country, including a law establishing an “Internet Eraser” for minors , and changes to the state’s data...

Foley & Lardner LLP: SolarWorld Files New Anti-dumping And Anti-subsidy Cases Against China And Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a countervailing duty investigation against the People’s Republic...

Foley & Lardner LLP: It's Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court

What is or what is not a federal question under Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing , 545 U.S. 308 (2005) [ enhanced opinion available to lexis.com subscribers ], is an issue that continues to perplex lawyers, judges, and law students alike. In Hartland Lakeside...

Foley & Lardner LLP: Hospitals Urging SCOTUS to Limit False Claims Act Penalties

What do a moving company and a hospital association have in common? The False Claims Act (FCA). The American Hospital Association along with the United States Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America recently submitted an amici curiae brief in support of petitioners...

Foley & Lardner LLP: N.Y. Property Tax Exemption Extension for Renewable Energy Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible energy system is exempt from certain real property taxes for a period of fifteen...

Foley & Lardner LLP: SEC's MCDC Initiative - The Clock is Ticking

By David Y. Bannard Not-for-profit health care providers that have borrowed on a tax-exempt basis within the last five years should be aware of the Securities and Exchange Commission’s (SEC) Municipalities Continuing Disclosure Cooperation (“MCDC”) Initiative. The MCDC Initiative...

Foley & Lardner LLP: 1-3 MW Solar RFP Issued in Palo Alto, California

By Jason W. Allen , William D. DuFour III and Justus J. Britt The City of Palo Alto Utilities (CPAU) has issued a request for proposals (RFP) for 1-3 MW (AC) in order to create a CPAU-branded Community Solar Program. The CPAU has stated that its primary objectives for such program are to help facilitate...

Foley & Lardner LLP: A Jurisdictional Twist: 7th Cir. Holds That District Court Had Supplemental Jurisdiction Over Federal Claim and Original Jurisdiction Over State Claim

By Eric G. Pearson There’s nothing inherently unique about the substantive issues in Burzlaff v. Thoroughbred Motorsports, Inc. , No. 13-2520 (July 10, 2014) , a decision released [July 10] by the Seventh Circuit [ enhanced opinion available to lexis.com subscribers ]. The plaintiff, Ronald...

Foley & Lardner LLP: Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

By Philip C. Babler [On Aug. 7], the Wisconsin Court of Appeals released its opinion in Farm-To-Consumer v. Wis. DATCP , 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production [ enhanced opinion available to lexis.com subscribers ]. A couple of local farmers...

Foley & Lardner LLP: Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

By Thomas L. Shriner Jr. Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories , addressing what Judge Bennett perceived as abusive discovery conduct in a case...

Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

By Jacqueline N. Acosta In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos...

Foley & Lardner LLP: Landmark Massachusetts Net-Metering Bill Goes Up in Smoke as Watered-Down Compromise Bill Is Agreed to on Last Day of Legislative Session

By John A. Eliason and Kurt R. Rempe An eleventh-hour compromise by the Massachusetts House Ways and Means Committee effectively gutted the highly publicized net metering and solar power bill, which, as proposed, was considered by many including the Solar Energy Industries Association (SEIA) to be...

Foley & Lardner LLP: Energy Innovation in the Northeast Boosts the Solar Market

By Samuel J. Scroggins Connecticut, Maine, Massachusetts, New Hampshire, New York, and New Jersey are pioneering some of the nation’s most interesting developments in the retail energy space today that have important implications for the solar industry. In Massachusetts, the state has built...

Foley & Lardner LLP: Privacy Issues in the Sharing of Genetic Information

By Antoinette F. Konski Low cost sequencing of a patient’s genome and advances in the interpretation of a patient’s genetic information is promised to transform the delivery of health care. To date, much of personalized medicine has focused on the use of genetics and data analytics to...

Foley & Lardner LLP: Wisconsin Voter ID: Plaintiffs' Emergency Application to Justice Kagan Lacks a Key Element

By Thomas L. Shriner Jr. The plaintiffs in Wisconsin’s Voter ID case [on Oct. 2] filed an emergency application with Justice Kagan, the Circuit Justice assigned to the Seventh Circut, seeking an order vacating the Seventh Circuit’s September 12 stay of Judge Adelman’s injunction...

Foley & Lardner LLP: Edison International Using Rooftop Solar to Help Modernize It's Grid

By Jeffery R. Atkin and Annie Y. Tsai SunEdison, Inc. has secured 20-year power purchase contracts with Southern California Edison to build 33 megawatts of rooftop arrays on industrial buildings in Southern California. Once the rooftop arrays are complete, SunEdison’s public traded yieldco unit...

Foley & Lardner LLP: FERC Issues Proposal to Ease Regulation of Gen-Tie Lines

By Kurt R. Rempe FERC has issued a Notice of Proposed Rulemaking (NOPR) that would substantially reduce the regulatory burdens placed on energy project developers that construct generator lead lines (gen-tie lines) to interconnect their projects to the grid. Currently, developers that own, operate...

Foley & Lardner LLP: Congress Wows With Medicare Telehealth Parity Act Of 2015, But Will It Succeed?

Rep. Mike Thompson (D-CA) and co-sponsors Rep. Gregg Harper (R-MS), Rep. Diane Black (R-TN), and Rep. Peter Welch (D-VT) announced, on July 7, 2015, the introduction of the Medicare Telehealth Parity Act of 2015 , forward-looking, bi-partisan legislation intended to modernize the way Medicare pays for...

Foley & Lardner LLP: 3 Trending Topics in IoT: Privacy, Security, and Fog Computing

By Shabbi S. Khan Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the year 2015 has IoT enthusiasts particularly excited. This...