Foley Hoag LLP has formed a firm-wide, multi-disciplinary task force dedicated to client matters related to the novel coronavirus (COVID-19). In the rapidly changing global health environment, Foley Hoag will provide clients...more
Huawei Charged in Racketeering Conspiracy and Conspiracy to Steal Trade Secrets; Temporary General License Extended –
On February 13, 2020, Huawei Technologies Co. Ltd. (Huawei) and two of its U.S. subsidiaries were...more
3/17/2020
/ Airbus ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Criminal Conspiracy ,
Criminal Prosecution ,
Cross-Border ,
Cross-Border Transactions ,
Economic Sanctions ,
General Licenses ,
Huawei ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Transitional Arrangements ,
U.S. Treasury ,
UK ,
UK Brexit ,
Venezuela
District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary -
Background -
On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive...more
3/3/2020
/ Acquittals ,
Agents ,
Alstom ,
Bribery ,
Corporate Counsel ,
Corporate Officers ,
Criminal Convictions ,
Criminal Prosecution ,
Evidence ,
Federal Rules of Criminal Procedure ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Indonesia ,
Jury Verdicts ,
Subsidiaries
New CFIUS Regulations Released: Final Rules Impact Foreign Investment in Technology, Infrastructure, and Data (TID) Businesses and Real Estate -
On January 13, 2020, the Department of the Treasury issued final regulations...more
2/6/2020
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Investment ,
Office of Foreign Assets Control (OFAC) ,
Technology Sector
This is the sixth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed enforcement by the Massachusetts Attorney General’s Office in...more
1/24/2020
/ Bureau of Industry and Security (BIS) ,
Chief Compliance Officers ,
China ,
Compliance ,
Corporate Counsel ,
Cuba ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Hong Kong ,
Huawei ,
Human Rights ,
Information Technology ,
Iran Sanctions ,
Magnitsky Act ,
National Security ,
New Guidance ,
New Regulations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Software ,
Syria ,
Technology Sector ,
Turkey ,
U.S. Treasury ,
US Department of State ,
Venezuela ,
Voluntary Disclosure ,
White Collar Crimes
Editors’ Note: This is the third in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed healthcare fraud in 2020. Up next: a look at...more
1/13/2020
/ Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
DOJ Issues Revised Export Control and Sanctions Enforcement Policy for Business Organizations Providing Clear Guidance on the Benefits of Self-Disclosing Violations -
On December 13, 2019, the Department of Justice (DOJ)...more
In December, the Department of Justice (DOJ) announced the release of a new policy for business organizations regarding voluntary self-disclosures of export control and sanctions violations. The new Policy makes explicit that...more
Alert for Information and Communications Technology and Services Industries: Proposed New Rule Implements Unprecedented Regime to Review and Restrict Transactions -
The Department of Commerce (DOC) is accepting comments...more
Based on Evidence He Acted as Agent of U.S. Subsidiary in Carrying Out Bribery Scheme -
Overview -
In November, a jury sitting in the U.S. District Court for the District for Connecticut convicted Lawrence Hoskins, a...more
Additional Restrictions on Exports to Cuba -
On October 15, 2019, the Department of Commerce (DOC) amended the Export Administration Regulation (EAR) to further restrict the export and reexport of items to Cuba. The...more
11/25/2019
/ CFIUS ,
Compliance ,
Cross-Border Transactions ,
Cuba ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Investment ,
Human Rights ,
Magnitsky Act ,
Withhold Release Orders (WROs)
On May 2, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) released “A Framework for OFAC Compliance Commitments.” This Framework provides guidance for the creation of an effective...more
Recent actions taken by the Department of Justice (“DOJ”) and the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) have highlighted the importance of due diligence in the mergers and acquisitions context....more
MASSACHUSETTS -
Massachusetts Supreme Judicial Court Applies “Transient Jurisdiction” Doctrine To Hold Nonresident Individuals’ Intentional, Knowing And Voluntary Presence In Massachusetts At Time Of Service Sufficient To...more
1/31/2019
/ Due Process ,
Duty to Warn ,
False Advertising ,
Hazing ,
Learned Intermediary ,
Manufacturers ,
Out-of-State Companies ,
Personal Jurisdiction ,
Prescription Drugs ,
Unfair or Deceptive Trade Practices ,
Wrongful Death
First Circuit Holds Personal Jurisdiction Over Foreign Software Services Provider On Claim Arising Under Federal Law Satisfies Fifth Amendment Due Process’ Minimum Contacts Requirement Because Defendant Knowingly Conducted...more
Introduction -
In the recent, long-awaited decision in United States v. Hoskins, the U.S. Court of Appeals for the Second Circuit rejected the expansive interpretation of FCPA jurisdiction over foreign individuals put...more
Massachusetts Federal Court Holds No Personal Jurisdiction Over Foreign Manufacturer Which, Although It Used A Nationwide United States Distributor, Did Not Specifically Target Massachusetts For Sales -
In Preferred Mut....more
On Monday, April 16, 2018, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it was imposing a denial of export privileges against Zhongxing Telecommunications Equipment Corporation of...more
Massachusetts Supreme Judicial Court Recognizes Claim Against Brand-Name Drug Manufacturer By Generic Drug User Where Failure To Warn Is Reckless -
In Rafferty v. Merck & Co., 479 Mass. 141 (2018), plaintiff alleged...more
Under U.S. Department of Commerce rules, the disclosure of technology to a foreign national (even if that individual is physically located in the United States or the disclosure occurs in the course of that individual’s...more
First Circuit Holds Foreseeability of Health Risk Is Standard For Failure To Warn Even Though Claim Is For Property Remediation, And Bulk-Selling Chemical Manufacturer Had Post-Sale Duty To Warn Only Direct Customers Even If...more
Massachusetts Federal Court In Multi-District Litigation Holds Under Six States’ Laws That Manufacturer Of Brand-Name Pharmaceutical Is Not Liable For Injuries Caused By Generic Equivalents Whose Manufacturers Were Required...more
10/19/2017
/ Failure To Warn ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Manufacturers ,
Medical Devices ,
Multidistrict Litigation ,
Pharmaceutical Industry ,
Preemption ,
Safety Standards ,
Unfair or Deceptive Trade Practices ,
Warning Labels
United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more
8/31/2017
/ Breach of Warranty ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Compliance ,
CORI ,
Design Defects ,
Due Process ,
Failure To Warn ,
Fraud ,
Multidistrict Litigation ,
Non-Residents ,
SCOTUS ,
Specific Jurisdiction ,
Zofran
Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more
4/18/2017
/ Affidavits ,
Failure To Warn ,
Learned Intermediary ,
Maintenance ,
Negligence ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Statute of Limitations ,
Strict Liability ,
Unfair or Deceptive Trade Practices ,
Warning Labels ,
Wrongful Death
On March 22, 2017, the Supreme Court established a test for determining whether a design that is incorporated into a useful article is entitled to copyright protection. In its much-awaited opinion in Star Athletica, L.L.C. v....more
4/4/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function