Foley Hoag LLP

Foley Hoag LLP is a law firm headquartered in Boston, with additional offices in New York City, Paris, and Washington, D.C.. The firm represents public and private clients in a wide range of disputes and transactions worldwide. It offers regional, national and international legal services.

Foley Hoag LLP Blogs

Advertising & Marketing Law Blog

Cannabis & the Law

Corporate Social Responsibility & The Law

Drug Pricing Policy Watch

Energy & Cleantech Counsel

IPO, Then What?

Law & The Environment

Massachusetts Labor & Employment Law

Massachusetts Noncompete Law

Medicaid and the Law

Security, Privacy and the Law

State AG Insights

Trademark & Copyright Law

White Collar Law & Investigations

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Latest from Foley Hoag LLP

Security, Privacy and the Law

HIPAA Business Associate Pays $2.3 Million to Settle Breach Affecting Protected Health Information of Over 6 Million Individuals

By Colin Zick

September 25, 2020

With apologies to John Donne, ask not for whom the bells tolls, HIPAA business associates, it tolls for thee! While it has been the law for some time that business associates could be held directly liable for breaches, enforcement actions against them have been few and far between. But a sizable settlement announced on September 23, 2020 by the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS…

IPO, Then What?

2020: The Year of the SPAC

By Ryan Rourke Reed

September 25, 2020

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2020 has been a banner year for IPOs by special purpose acquisition companies, or SPACs. Over 100 SPAC IPOs have closed so far in 2020, with aggregate gross proceeds of approximately $42.1 billion and an average IPO size of $382.4 million.[1] This represents a dramatic increase from 2019, in which 59 SPAC IPOs closed, with aggregate gross proceeds of approximately $13.6 billion and an average IPO size of $230.5 million. With all of this…

Law & The Environment

Dog Bites Man, Pebble Mine Edition

By Seth Jaffe

September 24, 2020

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As Bloomberg (subscription required) reported this week, executives of Pebble Partnership, which is developing the Pebble Mine project in Bristol Bay, Alaska, were caught on tape bragging about their political influence. The recordings were made by the Environmental Investigation Agency, which somehow convinced the Pebble executives that the EIA “investigators” were actually investors considering putting money into the project. For those of you who are shocked, shocked, that political lobbying was part of…

Security, Privacy and the Law

WATCH NOW: Data Breach Response: Discovery and Investigation

By Foley Hoag

September 24, 2020

What are best practices for handling a data security incident? Every phase of a data security incident requires thoughtful and measured action – from discovery, to investigation, to post-investigation compliance. Even planning for an incident before it happens is important to lay the groundwork for the most effective response. Foley Hoag partners Chris Hart and Veronica Jennings talk through best practices in responding to, investigating, and complying with your legal obligations arising out of a…

Medicaid and the Law

Upcoming Event: MEDTECH Cybersecurity: Elusive but Possible

By Foley Hoag

September 24, 2020

There is no shortage of discussion about the risks that inadequate cybersecurity poses to today’s healthcare ecosystem. While increasingly prevalent connected devices offer many advantages to patients and clinicians alike, hackers can potentially exploit their vulnerabilities for malicious purposes. With connected devices here to stay, why do MedTech manufacturers and healthcare providers consistently struggle with security, and how can this situation be improved? In this forum, we will explore how primary stakeholders in the healthcare…

Medicaid and the Law

The 340B Contract Pharmacy Saga

By Alexander Somodevilla

September 23, 2020

We are back again with another 340B post. The 340B program has recently been a regular feature on the blog in the context of ongoing litigation discussed here and here. Today, we wanted to provide readers the details of an ongoing saga on a different aspect of the 340B program – the growing presence of contract pharmacies in the 340B space, and recent efforts by drug companies to curb this trend. This saga has…

Cannabis & the Law

Vermont Moving Toward Legalizing Recreational Marijuana

By Stephen Bartlett

September 21, 2020

The Green Mountain state has taken a significant step toward legalizing recreational cannabis. On September 17, 2020, the Vermont House of Representatives adopted the Conference Committee report for S.B. 54, an act relating to the regulation of cannabis. The Conference Committee has had custody of the bill since early this year and was tasked with reconciling the significant differences between the bill and a similarly-intentioned, but substantively different, bill passed by the Senate in…

Law & The Environment

Regulating Guidance As Though It Were Regulation

By Seth Jaffe

September 16, 2020

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I’ve been complaining about guidance for most of the 33 years I’ve been in practice. The summary of the issue provided in Appalachian Power v. EPA in 2000 still has not been bettered: Congress passes a broadly worded statute. The agency follows with regulations containing broad language, open-ended phrases, ambiguous standards and the like. Then as years pass, the agency issues circulars or guidance or memoranda, explaining, interpreting, defining and often expanding the commands in…

Law & The Environment

The New NEPA Regulations Were a “Political Act.” Is That Enough to Invalidate Them?

By Seth Jaffe

September 15, 2020

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Last week, Judge James Jones declined to issue a preliminary injunction that would have prevented implementation of the Trump Administration’s NEPA revisions. Judge Jones’s explanation was fairly sparse. He merely noted that the plaintiffs had not made the required “clear showing” that they are likely to succeed on the merits, though he did indicate that testimony, including expert opinion, is likely to be necessary. I can’t say I’m shocked, though I also wouldn’t be shocked…

Cannabis & the Law

Illinois Adult Use Licensing Decision Draws Legal Challenge

By Jeremy Meisinger

September 15, 2020

Illinois’ widely-watched application process for handing out 75 adult-use cannabis dispensary licenses has now wound up in federal court, following the September 4, 2020 filing of a lawsuit by several unsuccessful applicants. The state on September 3, 2020 announced its intention to complete the licensing process – which had already been delayed several months – through a lottery including 21 of the roughly 700 dispensary applicants. Many of the plaintiff applicants are owned by veterans,…

Foley Hoag LLP

Foley Hoag LLP Blogs

Blog Authors

HIPAA Business Associate Pays $2.3 Million to Settle Breach Affecting Protected Health Information of Over 6 Million Individuals

2020: The Year of the SPAC

Dog Bites Man, Pebble Mine Edition

WATCH NOW: Data Breach Response: Discovery and Investigation

Upcoming Event: MEDTECH Cybersecurity: Elusive but Possible

The 340B Contract Pharmacy Saga

Vermont Moving Toward Legalizing Recreational Marijuana

Regulating Guidance As Though It Were Regulation

The New NEPA Regulations Were a “Political Act.” Is That Enough to Invalidate Them?

Illinois Adult Use Licensing Decision Draws Legal Challenge

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