Foley Hoag is an acknowledged regional, national and international dispute-resolution powerhouse, and our lawyers are equally adept at large-scale complex patent litigation; at defending individuals or entities charged with business crimes, securities violations, or professional liability claims; and at safeguarding the business viability of emerging companies in industries such as life sciences, high technology and energy.

News more

  • Massachusetts Lawyers Weekly Names Michael Keating a Lawyer of the Year  [Read More]
  • MA Supreme Judicial Court Rules for Plaintiffs, Says Excluding Legal Immigrants From Health Subsidies Violates Equal Protection  [Read More]
  • Michael Keating Named Chairman of SJC Search Committee for Court Administrator Selection Process  [Read More]
  • Foley Hoag Obtains Win for Peabody Essex Museum in Oil Cleanup Dispute  [Read More]
  • Foley Hoag Partner Lisa Wood Appointed to Legal Services Corporation Pro Bono Task Force  [Read More]

Publications more

  • Supreme Court Holds That Facts Underlying Patent Challenge Must Be Proved by Clear and Convincing Evidence [Read More]
  • Federal Circuit Cuts Back False Marking Claims [Read More]
  • Federal Circuit Finds Method of Treatment Claims Patentable  [Read More]
  • Rule 502: Does It Deliver on Its Promise? [Read More]
  • FTC Delays Enforcement of Red Flags Rule Through December 31, 2010 To Give Congress Time To Exempt Certain Businesses From Rule’s Requirements [Read More]

Client Successes more

  • Medical Device Class Action

    We defended a modest-sized orthopedic device manufacturer faced with a federal court national class action lawsuit involving the company’s hip implant. The plaintiffs’ own implants had not failed but plaintiffs claimed the implant had an excessive failure rate and violated implied warranties, the Massachusetts unfair and deceptive practices statute and similar statutes of other states. Plaintiffs claimed class members had been harmed because the implants were not worth what the class members had paid for them.

    To try to spare the company the expense of prolonged litigation, we moved to dismiss the suit immediately. We argued that under the law of the state in which plaintiffs resided, and Massachusetts law, they had not suffered any legal injury because their implants were functioning properly. Our arguments under Massachusetts law were based on interpretations of several decisions by the state’s highest court, in almost all of which we had represented either a party or an amicus curiae (friend of the court). The court accepted our arguments and dismissed the suit.

     [Read More]
  • Asbestos National Counsel

    For a number of years we have been national counsel to a major valve manufacturer facing hundreds of asbestos suits involving tens of thousands of plaintiffs in at least 18 different states. Many of the claims involve serious injury or death from respiratory cancers that are linked to asbestos exposure, at least at certain doses. Companies faced with such litigation have frequently decided to conduct a brief defense and then settle, to avoid both further litigation costs and the risk of a judgment greater than the available settlement.

    After we investigated the critical scientific and medical literature, our client determined not to adopt the “traditional” strategy, believing the scientific data would not support an adverse verdict and settling meritless claims only encouraged more suits. By thoroughly probing the basis for plaintiffs’ claims, moving for summary judgment and principled negotiating, we have resolved hundreds of suits without payments.

     [Read More]