Insights

Our new LearningLab: On-Demand Hub offers a growing library of continuing legal education (CLE) and business-focused legal insights you can now access anytime, anywhere.

Foley partner Aaron Tantleff is speaking in the upcoming Data Privacy for Health Summitt on the panel “AI in Healthcare: From Innovation to Liability.” From training data to regulatory scrutiny, this panel will explore how AI is transforming life sciences, and where responsibility lies when things go wrong.

Foley & Lardner LLP is back in Boston for our 22nd Annual IP Conference! Join us on Friday, October 9, 2026, for a full day of insightful discussions led by industry voices from across the corporate and intellectual property landscape. This premier event will explore emerging trends, best practices in IP management, and key legal considerations, providing a valuable opportunity to:

Two-part webinar on tariff policy shifts, IEEPA refunds, trade disputes, and supply chain strategies.

Regulators increasingly look to customer-facing arrangements to assess whether compliance expectations are embedded in commercial reality. Sell-side contracts shape pricing behavior, market access, use of intermediaries, data flows, export and sanctions exposure, tariff pass-through, and post-sale obligations.

Foley is here to help you through all aspects of rethinking your long-term business strategies, investments, partnerships, and technology. Contact the authors, your Foley relationship partner, or our Automotive Team to discuss and learn more. 

In the latest episode of Energized by Foley, Deanna Reitman sits down with Rod Hutchinson for an inside look at one of the most essential — and least understood — forces behind the energy industry: structured commodity finance. From crude and LNG to refined products, Rod explains how these financing structures help move energy from the wellhead to the end user, making global supply chains possible.

In this discussion, Daniela reflects on growing up in McAllen, TX, and earning her BA and Master’s in accounting from The University of Texas at Austin before attending Texas Tech University School of Law.

This episode features a conversation with John Stillman. John is a summer associate in Foley’s Chicago office focused on litigation.

This week, the 17-state attorney general coalition and the National Association of Wholesaler-Distributors (NAW) escalated their federal challenge to California's Plastic Pollution Prevention and Packaging Producer Responsibility Act (Senate Bill 54) by filing a motion for preliminary injunction in the Eastern District of California. The motion asks the court to block enforcement of the entire Act while the constitutional challenge proceeds. A hearing is set for January 15, 2027 — which will amount to a long wait. Along with its motion, plaintiffs filed an amended complaint adding a new vagueness theory that ties SB 54's recyclability requirements to the recent preliminary injunction against California's labeling law, SB 343.

Internal Revenue Code Section 409(p) (Section 409(p)) imposes significant obligations on S corporation Employee Stock Ownership Plans (ESOPs) with severe penalties for noncompliance. A violation of Section 409(p) can result in a 50% excise tax, deemed distributions to participants, potential loss of tax qualified ESOP plan status, and termination of the company’s S corporation election. Despite the severity of these penalties, Section 409(p) is frequently overlooked or forgotten about as the ESOP lifecycle continues. This article provides an overview of how the Section 409(p) test works, what triggers a failure, and practical strategies for maintaining compliance.

Most compliance problems announce themselves. This one does not. Your plan has been operating under the CARES Act, SECURE 1.0, and SECURE 2.0 for years, your participants have received communications describing those features, and your recordkeeper has administered them faithfully. The only thing that could be missing is the plan language. That gap is permitted by law, but not for much longer, and if you are about to finalize plan highlights, enrollment materials, plan notices, or similar materials for 2026, the gap could be written into another round of participant communications.