Publications
Effective October 1, 2025, the federal government has shut down until Congress approves a stopgap measure or new fiscal year budget. This means parts of the federal government are suspending operations until funding is restored. Traditionally, the U.S. government is funded annually through twelve appropriations bills. When appropriation bills are not passed and signed by […]
A revocable trust is a flexible estate planning tool that allows you to manage and distribute your assets during your lifetime and after your death. You retain full control over the trust while you’re alive, with the ability to amend or revoke it at any time. Upon your death or incapacity, a successor trustee steps […]
On September 12, 2025, the National Institutes of Health (“NIH”) issued NOT-OD-25-155, announcing significant changes to the application and award structure for NIH-funded international research collaborations. This update expands on the previously-released Updated NIH Policy on Foreign Subawards (NOT-OD-25-104), published on May 1, 2025, which previewed the new award framework. Effective as of September 30, […]
On September 19, 2025, a Presidential Proclamation was issued titled Restriction on Entry of Certain Nonimmigrant Workers to impose a one-time $100,000 fee on employers submitting new H-1B petitions on behalf of individuals currently outside the U.S. The proclamation became effective at 12:01 a.m. EDT on Sunday, September 21, 2025, and is set to expire […]
Wiggin and Dana Partner Steven Malech co-authored the article “Trusts and Trial: Navigating the Crossroads of Divorce” with Miranda Fisher of Charles Russell Speechlys LLP, published in the latest issue of The International Family Offices Journal. The article explores how trust interests can be impacted by divorce proceedings across jurisdictions, offering insights from both U.S. […]
The Federal Trade Commission (FTC) recently announced two important changes affecting how it will address noncompetition agreements and covenants. One is the dismissal by the FTC of its noncompete rule, thus ending the agency’s attempt to seek judicial review of two decisions that held both the trade regulation process as well as the substance of […]
On September 18, the Federal Trade Commission (“FTC”), along with seven states,[1] filed a complaint in the United States District Court for the Central District of California.[2] This complaint alleges that Ticketmaster LLC (“Ticketmaster”) and its parent company Live Nation Entertainment, Inc. (“Live Nation”) (collectively “Ticketmaster”) have “deceived artists and consumers by engaging in bait-and-switch […]
Each year, Wiggin and Dana and LeadingAge Connecticut collaborate to produce a comprehensive summary of new Connecticut laws affecting providers of services for the elderly. The 2025 Legislative Summary reports on a number of new legislative requirements affecting nursing homes, assisted living communities, residential care homes, home health care and hospice agencies, senior housing and […]
Serving as an agent under a Power of Attorney entails certain fiduciary obligations, including the duty to act in good faith in all dealings on behalf of the principal. A key component of this duty is maintaining accurate and detailed records of all actions taken as agent and, upon request, being able to provide evidence […]
Counsel Daniel Passeser authored the article titled, “Recent Developments in Challenges to Seizures by the Manhattan DA’s Antiquities Trafficking Unit” for Westlaw Today. Daniel discusses a recent court ruling that created a road map for museums and collectors looking to challenge artifact seizures by the Manhattan District Attorney’s Office. To read the full article, click […]
The Australian innovation economy is producing remarkable success stories, despite a relative dearth of investment. In fact, a recent study by Side Stage Ventures, Dealroom.co, and AWS Startups, has found that in the last 25 years, Australia has produced 1.22 unicorns for every $1 billion invested – the highest ratio globally and almost double the […]
Subject matter eligibility (SME) is a requirement for patentability grounded in 35 U.S.C. § 101, which permits patenting of “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” However, the courts have long recognized three classes of non-patentable “judicial exceptions”—laws of nature, natural phenomenon, and abstract […]
On August 15, 2025, D.C. District Judge Sparkle L. Sooknanan issued a preliminary injunction preventing the Federal Trade Commission (“FTC”) from implementing or enforcing the Civil Investigative Demand (“CID”) that it had issued to the left-wing watchdog journalism organization, Media Matters for America.[1] Judge Sooknanan warned that “[i]t should alarm all Americans when the Government […]
For insiders of publicly traded corporations, there are numerous Securities and Exchange Commission (“SEC”) regulations to follow and abide. One set of those regulations comes from Section 16(b) of the Securities Exchange Act of 1934 (“the Securities Act”), sometimes referred to as the “short swing profits rule,” which prohibits certain company insiders from making profits […]
Partner Jolie Apicella authored the article titled, “Esteras Restricts Consideration of Past Offenses in Revocation Hearings” for the New York Law Journal. Jolie unpacks the Supreme Court’s decision Esteras v. U.S. and explores its implications for white collar criminal defense attorneys faced with a client’s hearing on whether to revoke supervised release for a violation of a condition of that […]
In the recent precedential opinion, Colibri v. Medtronic,[1] the U.S. Court of Appeals for the Federal Circuit (CAFC) held that cancellation of a claim during patent prosecution can give rise to an estoppel effect on an issued patent claim which is separate from, but substantively related to, the cancelled claim, thereby affecting the scope of […]
As experienced litigation attorneys can explain, summary judgment is a procedural mechanism that allows a court to resolve a case without a trial when there are no genuine disputes of material fact, and the moving party is entitled to judgment as a matter of law. This tool has long been available under both Connecticut and […]
UPDATE: The Trump Administration immediately appealed Judge AliKhan’s order to the U.S. Court of Appeals for the District of Columbia Circuit. On July 21, 2025, the Court of Appeals entered an administrative stay, thus temporarily blocking Slaughter’s reinstatement to the FTC. In a one page order, the Court of Appeals explained that the purpose of […]
The United States Court of Appeals for the Eighth Circuit has recently vacated the Federal Trade Commission’s revised Negative Option Rule, also known as the “Click to Cancel” Rule [hereinafter the “Rule”], on procedural grounds, citing various flaws during the regulation-making process.[1] We previously reported that the Rule was scheduled to go into effect on […]
At the close of the 2025 Connecticut General Assembly’s legislative session, Connecticut lawmakers created seven new per se violations[1] of the Connecticut Unfair Trade Practices Act[2] (“CUTPA”) and granted exclusive authority to the Connecticut Attorney General to enforce the existing CUTPA per se violation under the precipitating emergency statute.[3] One new per se violation became […]
On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) was signed into law. Among its numerous provisions were important changes to the current tax provisions applicable to qualified small business stock (“QSBS”). These changes present even greater opportunities for founders and investors to take advantage of the favorable tax treatment offered by the […]
On July 2, 2025, the federal government announced the formation of a new False Claims Act (FCA) enforcement task force aimed at the pharmaceutical, medical device, and health care industries. Attorneys from the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) will begin working together immediately to identify enforcement priorities, […]
On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The OBBBA makes permanent several provisions implemented by Trump’s 2017 Tax Cuts and Jobs Act (TCJA) and also introduces several new rules, many which significantly affect high-net-worth individuals. Outlined below are five major takeaways from the OBBBA. If you […]
The Federal Trade Commission’s (“FTC”) recent settlement of the Synopsys/Ansys merger and the Department of Justice Antitrust Division’s (“DOJ”) settlement of the Keysight/Spirent merger are signs that, under the new Trump administration, the agencies are interested in putting merger remedies, which had essentially been a non-starter during the Biden administration, back on the table. FTC […]
Inventions claimed in a patent must meet a threshold subject matter eligibility (SME) requirement imposed by the U.S. patent laws.[1] The Supreme Court’s two-step Alice test provides a framework for analyzing whether a claimed invention passes the SME threshold.[2] If a claim is directed to a judicial exception such as a law of nature or […]
On June 23, 2025, U.S. District Judge Alsup of the Northern District of California issued a decision in the high-profile lawsuit brought by several authors against Anthropic, the AI developer of the Claude chatbot. The authors accused Anthropic of copyright infringement, claiming that Anthropic used their books without permission to train its large language models […]
Two recent developments signal an increase of False Claims Act (“FCA”), 31 U.S.C. § 3729(a) et seq., risk to importers and manufacturers. On June 23, 2025, the Ninth Circuit upheld a verdict of over $24 million against Sigma Corporation (“Sigma”), an importer of welded outlets from China, for making false statements on customs forms to […]
On June 6, U.S. District Judge Claudia Wilken approved a proposed settlement agreement between the National Collegiate Athletics Association (“NCAA”), the Power Five Conferences and student athletes, effectively paving the way for name, likeness, and image (“NIL”) compensation for student athletes.[1] The approval comes nearly five years after student athletes filed the class action lawsuit […]
While investing in distressed properties can be lucrative, it can have significant legal and financial implications. Given the current market fluctuations, distressed real estate can impact a family office in several ways, from capital allocation and operational challenges to legal entanglements and reputational risks. How can distressed real estate affect a family office? Wiggin and […]
Introduction The monetization of patents is a significant business objective for many patent owners because it can be source of substantial revenue. A successful monetization campaign can be used to support the patent owner’s business, including making new investments in innovative research and development programs. Monetization can take many forms, including the outright sale of […]