Foley & Lardner LLP

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe, and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives, and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses. Learn more at Foley.com.

While the landscape is far from settled, there is increasing evidence that the plaintiffs’ bar is gearing up for a wave of employment lawsuits stemming from the ongoing COVID-19 pandemic. These lawsuits typically allege an employer’s unlawful conduct as it relates to an employee’s pre-existing medical conditions, an employer’s obligation to accommodate for these conditions, an employer’s failure to take appropriate COVID-19 safety precautions in the workplace, or some combination thereof.  A typical example of…
Let’s take a break from worrying about the global pandemic to check on the health of your equity incentive plan. While we recommend that clients conduct a checkup every year, it is even more important when the economy is less stable.  The following outlines some of the best practices in reviewing equity incentive plans maintained by privately held companies. Publicly traded companies should engage in the same exercise, but are advised to consider slightly different…
On August 20, 2020, the Department of Health & Human Services (HHS) released a statement, Rescission of Guidances and Other Informal Issuances Concerning Premarket Review of Laboratory Developed Tests, which announced that the Food and Drug Administration (FDA) will no longer require premarket review of laboratory developed tests (LDTs), such as those currently being used to test for the presence of COVID-19, absent traditional notice-and-comment rulemaking. The notice-and-comment rulemaking now required contrasts with the…
HelpNetSecurity.com reported that “…about 75% of respondents said that they are moving at least part of their infrastructure to the cloud as a result of the COVID-19 pandemic, representing a dramatic shift in strategy and further adoption towards the cloud.”  The August 19, 2020 report entitled “Large-scale migrations away from on-premise environments are underway” included these comments: COVID-19 has had a massive effect on DevOps, leading to large-scale migrations away from on-premises environments……
The ongoing COVID-19 pandemic has brought with it a surge of class action lawsuits targeting fitness clubs, entertainment venues, educational institutions, manufacturers of consumer products, and insurance companies, among others.  When we last reported on this trend in late July, over 500 new putative class actions related to COVID-19 had been filed.  New filings have continued to mount, though relatively few of these cases have concerned instances of harm due to infection. On July 27,…
Recently, the Consumer Financial Protection Bureau (CFPB) issued a compliance aid that addresses frequently asked questions related to the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) and the COVID-19 pandemic. The compliance aid provides further interpretation of a policy statement the CFPB issued in April and is intended to assist creditors in understanding their reporting obligations in the current environment.  As a practical matter, a compliance aid is not a “rule” under the…
Note: We’d like to thank Brittany Mefford, summer associate, for her contributions to this alert. This summer, California announced a plan that could significantly reshape all levels of the transportation industry from manufacturing and logistics to electric vehicle charging infrastructure. On June 25, 2020, the California Air Resources Board (CARB) unanimously approved the Advanced Clean Trucks Rule. The Rule requires truck manufacturers to ensure that some percentage of trucks sold in the state are zero-emission…
With countless changes forced upon our day-to-day lives by the COVID-19 pandemic, the automotive and transportation industries are on the lookout for how changes in consumer behavior may affect the adoption of autonomous vehicles (AV) technologies across all facets of the economy and day-to-day life. As we highlighted in our recent blog post, Top Impacts of the Pandemic on Autonomous Vehicle Research and Development, COVID-19 has impacted the operations of many OEMs, from production…
NIST has made a call for public thoughts and comments about the Four Principals of Explainable AI since “AI must be explainable to society to enable understanding, trust, and adoption of new AI technologies, the decisions produced, or guidance provided by AI systems.” The August 17, 2020 “Call for Comments on Four Principles of Explainable Artificial Intelligence” briefly describe these “…four principles of explainable AI”: Explanation: Systems deliver accompanying evidence or reason(s) for…
No industry has been immune to the pandemic, and it has certainly had a significant impact on Autonomous Vehicle (AV) Research and Development. AV companies have laid-off workers, delayed testing, and postponed the launch of some vehicles. The following are some of the top negative impacts of the pandemic on the AV industry: Two ride sharing companies each laid-off about 20% of their workforce, and an autonomous vehicle joint venture laid off about 10%