Publications
Daniel Passeser, Counsel in Wiggin and Dana’s Litigation Department and member of the False Claims Act Defense and Compliance Practice Group, was recently featured in Law360. The article explores how the U.S. Supreme Court’s decision in Trump v. Slaughter may reshape the constitutional debate surrounding the False Claims Act’s qui tam provisions, which authorize private […]
Introduction As the creator economy continues to expand, individuals who derive income from digital platforms face a critical estate planning question. For those who already have an estate plan, that plan may not adequately address the unique challenges of managing, valuing and transferring digital businesses, leaving these increasingly valuable assets vulnerable to confusion, lost revenue […]
The U.S. Court of Appeals for the Federal Circuit recently affirmed a Delaware District Court’s patent invalidity determination – effectively erasing a $100 million-plus infringement award. See Wyeth LLC v. AstraZeneca Pharms. LP, 180 F.4th 1371 (Fed. Cir. 2026). This precedential decision provides another significant application of the Supreme Court’s enablement framework articulated in Amgen […]
DOJ Press Release on Second Requests. On July 23, 2026, the Justice Department’s Antitrust Division announced that it has returned to implementing targeted Second Request investigations to expedite merger review. [1] This return “will allow for quicker and more efficient review of proposed transactions; more effective use of taxpayer resources; and above all, helps the Department […]
The U.S. Patent and Trademark Office has proposed a significant change to ex parte reexamination (EPR) practice: third-party requesters would no longer be able to remain anonymous to the Office. In a notice of proposed rulemaking published July 22, 2026, the USPTO proposed adding 37 C.F.R. § 1.510(b)(7), which would require every third-party request for […]
Why Household Employment Deserves a Formal Approach Hiring a nanny, housekeeper, caregiver, driver, private nurse, chef, or other household worker can feel informal because the work happens in a private home. But in many cases, the family or individual doing the hiring is an employer for legal and tax purposes,[i] and the requirements vary by […]
Wiggin and Dana ECVC Co-Chair Evan Kipperman authored the United States chapter for Legal 500’s Venture Capital Country Comparative Guides 2026, offering insights into current venture capital market practices and investment trends across the United States. The chapter examines financing structures, investor protections, founder considerations, venture debt, liquidity strategies, and the outlook for the year […]
Wiggin and Dana Partners Paul Hughes, Evan Kipperman, Daniela Badiola Spanos, Katherine “Katie” Rubino, Tamia Simonis, and Mark Heaphy authored the “USA – Massachusetts Trends and Developments” chapter for Chambers and Partners’ Doing Business In… 2026 Global Practice Guide. As one of 12 U.S. chapters featured in this year’s publication, the chapter provides practical guidance […]
A small drafting mistake can have major consequences in patent law. That was the lesson from Enanta Pharmaceuticals, Inc. v. Pfizer Inc., where the Federal Circuit held in a precedential opinion that Enanta’s patent could not rely on the filing date of its earlier provisional application. Because the provisional application, as specifically written, did not […]
Since Alice and Mayo came down, Software patents have started to drown. But a SMED’s the new way To keep 101 at bay— And turn that rejection around! Background Under 35 U.S.C. § 101, patent applicants must demonstrate that their inventions are directed to patent-eligible subject matter. Following the Supreme Court’s landmark decisions in Mayo Collaborative Services v. Prometheus […]
Since leaving the Manhattan DA’s Office’s Major Economic Crimes Bureau at the end of 2024, I am frequently asked the following question: “Is the Manhattan DA’s office (“DANY”) going to start indicting white-collar cases that the DOJ is not prioritizing? My answer has been that we will have to wait to see because such cases […]
On June 4, 2026, the U.S. Supreme Court issued a unanimous decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, holding that generic drug manufacturer Hikma did not “actively induce” infringement of Amarin’s cardiovascular method of use patents for Vascepa (icosapent ethyl) through its labeling, marketing materials, or press releases. This decision […]
Clarity is a central feature of good estate planning, and estate planners and clients alike take comfort in knowing that wishes are expressed clearly. When it comes to clearly identifying individuals – either as the planning clients or as the intended beneficiaries of an estate or trust – most estate plans assume that a person’s […]
What is New York’s Pied-à-Terre Tax? “Pied-à-terre” (French for “foot on the ground”) refers to non-primary residences used for occasional stays rather than a primary, year-round residence. On May 28, 2026, New York State Governor Kathy Hochul signed the Fiscal Year (FY) 2027 Budget, which included a pied-à-terre surcharge tax on qualifying non-primary residences in […]
On June 4, 2026, the Equal Employment Opportunity Commission (EEOC), under Chair Andrea Lucas, approved a new National Enforcement Plan (NEP) for fiscal years 2025–2029. The NEP identifies priority subject areas to guide the agency’s efforts to prevent and remedy unlawful employment discrimination. It replaces the EEOC’s 2024–2028 Strategic Enforcement Plan and signals the Commission’s […]
The Connecticut Unfair Trade Practices Act Takes Center Stage in Tech Regulation The 2026 Connecticut legislative session produced a wave of new consumer protection legislation, with the Connecticut Unfair Trade Practices Act (“CUTPA”), Conn. Gen. Stat. § 42-110a et seq., serving as the enforcement backbone for fifteen new per se violations across six Public Acts.[1] […]
On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law, making New York one of at least fifteen states that will permit wills to be signed electronically when it takes effect December 12, 2027. [1] Below is an overview of what the new law provides and what to keep in […]
Connecticut has enacted Senate Bill 5 (“SB 5”), a sweeping artificial intelligence statute that introduces new obligations for Connecticut employers using AI systems. Signed by the Governor on May 27, 2026, the law signals a broader state law trend focusing on how AI materially influences hiring and workforce outcomes. SB 5 defines “automated employment-related decision […]
After a decedent’s death, fiduciaries face income tax decisions that directly affect how quickly assets become available, when tax payments come due, and what returns must be filed. Often, the most meaningful opportunities for tax savings, and the most common missteps, arise not during the planning phase, but during the administration itself. This article focuses […]
The Department of Justice’s Antitrust Division recently announced a proposed settlement with Agri Stats, Inc. regarding allegations that Agri Stats unlawfully helped meat processors exchange competitively sensitive information.[1] The settlement, filed in the District of Minnesota, requires Agri Stats to halt certain data-sharing practices that the DOJ alleges suppressed competition and increased meat prices.[2] In […]
On May 11, 2026, Governor Ned Lamont signed into law Public Act No. 26-12 (HB No. 5003), a comprehensive, omnibus bill with widespread implications for Connecticut employers. Among its many changes, the most significant are summarized below. Wage & Benefit Transparency – For internal or public job advertisements, the law requires employers to post the […]
On April 29, the NCAA agreed to a proposed class action settlement, requiring it to make both monetary payments and major rule changes on student athletes’ ability to receive prize money prior to college enrollment. [1] The proposed settlement now awaits final approval in the U.S. District Court for the Middle District of North Carolina.[2] […]
Following appeal arguments concerning an August 2025 ruling from D.C. District Judge Sparkle L. Sooknanan, the FTC has settled litigation with the left-wing watchdog journalism organization, Media Matters for America.[1] Our post on Judge Sooknanan’s August 2025 order (the “Order”) can be found here. As set forth in the Order, Media Matters had garnered the […]
New York employers received welcome news this week. The United States District Court for the Southern District of New York’s holding in Bryant v. Buffalo Exch., Ltd., No. 23-CV-8286, 2026 WL 1240054 (S.D.N.Y. May 6, 2026) upholds the New York Legislature’s recent amendment to the New York Labor Law (N.Y. Lab. L.), effectively barring liquidated […]
Patent claims using general terms of approximation such as “about” or “approximately” may be at risk of invalidation when the terms are not well-defined. In a recent patent infringement case, Enviro Tech,[1] the Federal Circuit affirmed a district court ruling that all asserted claims of U.S. Patent No. 10,912,321 were invalid as indefinite because the […]
Wiggin and Dana attorneys Patti Melick, Toby Bannon, Katherine Rubino, and Kelsey Loomis authored a new chapter offering perspective on recent trends and developments in the evolving life sciences industry with focused insight into Massachusetts as a leading life sciences hub. The chapter covers trends nationally and in Massachusetts focusing on dealmaking, M&A, venture and late-stage […]
Wiggin and Dana is excited to share our 2025 Year in Review. It was a year of advancement and success, and we hope you enjoy reading what’s inside. Click below to read now. Full Screen Mobile For more information, please contact our Marketing Department.
On March 20, 2026, the U.S. Court of Appeals for the Fifth Circuit held that deceptive advertising actions brought by the Federal Trade Commission (FTC) in an administrative proceeding are unconstitutional.[1] In Intuit, Inc. v. FTC (No. 24-60040), the Fifth Circuit determined that when the FTC prosecutes deceptive advertising claims pursuant to Section 5 of […]
Last week the Department of Justice announced that IBM agreed to pay $17 million to resolve allegations that it violated the False Claims Act (FCA) by engaging in illegal race- and ethnicity-based discrimination through DEI practices in connection with federal contracts. This settlement is one of the most significant developments in DEI enforcement to date, […]
On March 31, 2026, the Connecticut Appellate Court handed down its decision in Farias v. Rodriguez, a case with practical significance for Connecticut employers in the hospitality industry. Background The plaintiff in the case, Daniel Farias, was employed as a bartender by two Connecticut-based Puerto Vallarta restaurants from 2011 until 2022. On December 6, 2022, […]