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Latest from Foley & Lardner LLP

As public companies across the economic spectrum strive to overcome the supply chain disruptions drastically affecting revenue and profitability, they must not lose sight of how these disruptions impact their disclosure obligations under federal securities laws. The Securities and Exchange Commission (SEC) has demonstrated particular interest in this topic by issuing broad guidelines in recent years designed to encourage transparency with respect to how current events are impacting a company’s supply chain, and what that…
On September 20, 2022, New York City (“NYC”) Mayor Eric Adams announced that the City’s COVID-19 vaccine requirement for private sector employees will terminate on November 1, 2022. The private sector vaccine mandate took effect in December 2021, shortly before former Mayor Bill de Blasio left office. At the time, the mandate was one of the most far-reaching local actions in the United States, as it applied to approximately 184,000 businesses with employees who perform…
With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series provides a concise summary of the three legal theories frequently invoked to excuse nonperformance of contractual duties. Force Majeure Overview The concept of force majeure (French for “superior force”) originates in common law. Today, however, force majeure primarily comes into legal play as…
From September 18-24, 2022, the American Telemedicine Association (ATA) will host its second annual Telehealth Awareness Week to highlight the important role telehealth plays in providing access to safe, quality care to everyone who needs it. Created to reinforce the central role telehealth is playing in our everyday delivery of health care services to patients nationwide, especially during the COVID-19 pandemic, this event is a platform for members and partners of the ATA to raise…
The funding environment for emerging companies has fundamentally shifted in 2022 for both venture capital and IPOs, particularly after a banner year in 2021. Whether these headwinds suggest significant economic changes or a return to previous valuation levels, companies need to be realistic about adapting their business processes to ensure they have sufficient cash runway to succeed through the next 2-3 years. This article provides a comprehensive set of tactics that can be…
On August 30, 2022, the Centers for Medicare & Medicaid Services (CMS) announced that the Medicare Shared Savings Program (MSSP) had saved the Medicare program $1.66 billion in 2021 as compared to spending targets, while delivering high-quality care. According to CMS, this marked the fifth consecutive year the MSSP has generated overall savings as compared to expected Medicare expenditures. CMS Administrator Chiquita Brooks-LaSure stated that “the Medicare Shared Savings Program demonstrates how a coordinated care approach…
With the push toward clean energy and increased demand for electric vehicles, manufacturers need batteries — specifically lithium-ion batteries — more than ever. Examples of the accelerating transition to battery powered vehicles are everywhere: the United States Postal Service announced at least 40% of its Next Generation Delivery Vehicles and other commercial vehicles will be electric vehicles, Amazon has begun using Rivian delivery vans in over a dozen cities, and Walmart executed an agreement to…
Since the onset of the COVID-19 pandemic, remote work quickly proliferated, and has continued in some fashion ever since. As a consequence, there has also been a proliferation of employers that have become multijurisdictional in ways they never were before. When engaging workers, employers must be mindful of nuances in employment laws in employees’ home states—even in states where an employer has no office or other connection. New York has its own employment law idiosyncrasies…
As automobile manufacturers continue to navigate remote work decisions, employers should remain cognizant of onboarding process and document retention implications due to the possibility of virtual or alternative Form I-9 document examination. On August 18, 2022, the Department of Homeland Security proposed a rule that considers virtual alternatives to verifying and/or examining Form I-9 documentation. The Department cites remote work arrangements as the need for the proposed change. Prior to COVID-19, the Immigration Reform and…
This news summary is provided by Foley’s Competitive Intelligence Team to inform business leaders of recent news and developments relevant to the Manufacturing Sector.   Analysis by Julie Dautermann, Competitive Intelligence Analyst Key Developments The sixth installment of Foley & Lardner’s Supply Chain Disruption Series addresses some of the factors to consider pertaining to intellectual property licensing in supply agreements. Click here to subscribe to the series. The National Association of Manufacturers remains “staunchly opposed” to the…