Foley & Lardner LLP

While the economy overall is strong and vehicle sales are still robust, there are risks in the industry that may affect the supply chain and cause disruptions throughout the year. Chief among these are the ongoing concerns regarding tariffs on products such as steel and aluminum, along with the on-again, off-again trade disputes with China. In addition to the upheaval in global markets, the shift away from passenger cars and toward trucks and sport utility…
The rapid adoption of Industry 4.0 technologies leaves manufacturers with a choice: accelerate with the market or be left behind.  According to a 2019 Global Market Insights, Inc. report, the market for artificial intelligence in manufacturing will grow to $16 billion by 2025.  Factors driving the adoption of Industry 4.0, the general name given to the deployment of cyber-physical systems, Internet-of-Things technologies and cognitive computing in the manufacturing environment, include: Reducing the cost of operations…
Momentum and support continues to build for telehealth commercial coverage laws across the United States, designed to ensure that covered members of health insurance plans can enjoy the full scope of their medical benefits – whether in-person or virtually.  Last summer, the Massachusetts Legislature considered a sweeping telehealth bill that would have instituted certain requirements for insurance coverage.  (Read our critique of that bill here.)  Although the 2018 legislative session ended before the…
Darkreading.com reported “For the third time in as many years, lawmakers have introduced a bill that would require Internet of Things (IoT) products sold by federal contractors and vendors to abide by government guidelines to ensure a baseline of cybersecurity.”  The March 18, 2019 article entitled “New IoT Security Bill: Third Time’s the Charm?” included these comments about the proposed law called “Internet of Things Cybersecurity Improvement Act of 2019” that…
Circuit courts of appeal are solidifying the reach of the Supreme Court’s June 2018 decision in China Agritech v. Resh[1] and curtailing the availability of equitable tolling in class contexts. The Supreme Court’s decision in China Agritech, which we previously previewed and attended oral arguments for, held that the tolling principles announced in its earlier American Pipe[2] decision do not allow absent class members to file follow-on class action lawsuits where the…
The rapid adoption of Industry 4.0 technologies leaves manufacturers with a choice: accelerate with the market or be left behind.  According to a 2019 Global Market Insights, Inc. report, the market for artificial intelligence in manufacturing will grow to $16 billion by 2025.  Factors driving the adoption of Industry 4.0, the general name given to the deployment of cyber-physical systems, Internet-of-Things technologies and cognitive computing in the manufacturing environment, include: Reducing the cost of operations…
We have posted previously in Healthcare Law Today related to physician private equity transactions, commonly called “recapitalizations.” Most of the discussions have been about the “who,” the “why” and the “how” of these transactions.  What we haven’t yet discussed are the issues that may arise following the closing of one of these transactions.  While the impact of the issues generally emerge post-closing, many can be addressed, or at least recognized, at the time the…
Over the past couple of years, the U.S. Department of Justice (DOJ) has stepped up antitrust enforcement against companies for entering “no-poach” agreements. These “no-poach” or “no-hire” agreements are arrangements entered into between companies that would otherwise compete for the same employees, whereby each company agrees not to recruit/solicit or hire the other’s employees.…
Last week, the Department of Labor (DOL) Wage and Hour Division (WHD) issued its first three opinion letters of 2019 concerning the Family Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). These opinion letters are a helpful tool for employers to understand their rights and responsibilities under the law. Employers may even rely upon DOL opinion letters as a good faith defense to wage claims arising under the FLSA. Accordingly, paying close attention…