Publications
On June 2, 2025, Partner Paul Tuchmann authored the article titled, “Supreme Court’s Kousisis Decision Leaves ‘Material’ Question Open” for Bloomberg Law. Paul analyzes how the U.S. Supreme Court’s ruling in Kousisis v. United States left open how to define “materiality” in certain mail and wire fraud cases, but hinted that the answer lies in […]
On May 30, 2025, Partner Julie Edelstein authored the article titled, “DOJ Could Target Journalists Under Media Policy Reversion” for Law360. Julie examines U.S. Attorney General Pam Bondi’s recent memorandum, which rescinds Merrick Garland’s policies that had restricted the DOJ from obtaining journalists’ records and testimony. She also discusses Bondi’s final rule, issued on May […]
As we previously reported, on October 16, 2024, the Federal Trade Commission (FTC), after receiving thousands of public comments, released the final version of its Negative Option Rule. The Rule is now scheduled to go into effect on July 14, 2025.[1] Any company with automatic renewal subscriptions or memberships will be impacted by the Rule. The Rule, […]
On May 21, 2025, in an 8-2 en banc decision, the Federal Circuit held that the district court’s decision to deny a new trial on damages, made without giving rationale for its ruling, was an abuse of discretion and, in addition, the record of the case could not support the patent owner’s expert’s opinion that […]
On May 22, 2025, Partner Jody Erdfarb co-authored an article titled, “Top Five HIPAA Enforcement Trends” for the American Health Law Association’s Health Information and Technology Practice Group. In the article, Jody discusses the importance of maintaining the privacy and security of health information in the health care industry. To read the full article, click […]
On May 21, 2025, Partner Julie Edelstein and Counsel Daniel Passeser authored the article titled, “Statutory Challenges to Government Contract Terminations: Where and How to Sue” for the Connecticut Law Tribune. Julie and Daniel discuss key considerations and best practices for handling government contract terminations. To read the full article, click here.
U.S. Deputy Attorney General Todd Blanche issued a memo on May 19, 2025 launching the Civil Rights Fraud Initiative, which will use the False Claims Act, 31 U.S.C. § 3729 et seq. (FCA), to pursue claims against recipients of federal funds who violate federal civil rights laws. The government has typically conducted FCA investigations and […]
What Is an Intrafamily Loan? Intrafamily loans, or loans between family members, can be an effective estate planning tool to transfer potential growth on loaned funds between generations without reducing the lender’s lifetime gift and estate tax exemption. The Internal Revenue Service (“IRS”) generally scrutinizes intrafamily loans and may recharacterize them as disguised gifts subject […]
Last month, in Recentive Analytics, Inc. v. Fox Corp., the Federal Circuit affirmed the Delaware district court’s dismissal of a patent infringement suit, holding that four machine learning-based patents were ineligible for protection under 35 U.S.C. § 101. This decision adds clarity into how courts evaluate subject matter eligibility of patents that involve artificial intelligence […]
The Federal Trade Commission’s (“FTC”) first Robinson-Patman Act (“RPA”) suit in decades has survived a motion to dismiss. The Honorable Fred W. Slaughter in the United States District Court for the Central District of California ruled on the papers that the FTC’s Complaint against Southern Glazers Wine and Spirits, LLC (“Southern”) “sufficiently alleges” a claim […]
The death of a serving executor or administrator (a “fiduciary”) during the administration of a loved one’s estate can add to the stress of an already overwhelming process. Fortunately, Connecticut law provides a clear framework to transition between fiduciaries and ensure the estate progresses in a timely manner. Understanding the Roles: Executor vs. Administrator An […]
Partners Michael Clear and Erin Nicholls‘ article, “Estate Planning for Founders: A Roadmap for Success,” was recently featured on Reuters.com. As entrepreneurs focus on building their businesses, it’s crucial not to overlook personal estate planning to ensure a smooth transition and protect their legacy. The article emphasizes the importance of establishing a solid foundation with […]
On April 14, 2025, Partner Paul Tuchmann and Counsel Daniel Passeser authored the article titled, “The New Strategic Bitcoin Reserve and its Impact on Federal Criminal Practice” for the New York Law Journal. Paul and Daniel discuss President Trump’s executive order establishing a Strategic Bitcoin Reserve, which will maintain Bitcoin as a reserve asset of […]
The Montana Supreme Court in The Matter of the Estate of Jessie L. Beck, 418 Mont. 416 (2024) considered whether under Montana law, a cell phone video met the requirements of a validly executed last will and testament. The answer was a resounding no. Four days prior to the decedent’s death, he recorded a cell […]
In 2021, after a multi-year regulatory process, the Food and Drug Administration denied more than a million applications from tobacco manufacturers seeking to sell various flavored e-cigarette products. After that process concluded, an en banc Fifth Circuit vacated the FDA’s denial of those products’ applications, concluding that the agency performed a “surprise switcheroo” by relying […]
Last week, the Department of Health and Human Services’ Office of the Inspector General (OIG) published the report Most Institutions That Received NIH Funding Did Not Fully Understand When They Must Report Monetary Donations (OEI-03-22-00570). The Report examines whether recipients of National Institutes of Health (NIH) awards understand their responsibility to report monetary donations and […]
Under the Clean Water Act (“CWA”), the EPA issues permits limiting the pollutants that regulated entities can discharge into federal waters. Those permits generally operate either by establishing effluent limitations for certain pollutants or by imposing narrative requirements, like requiring the permittee to use “best practices” to limit pollution. But in recent years, the EPA […]
When it comes to estate and gift taxation, non-U.S. citizens face unique challenges based on their residence and domicile status. Understanding these concepts is crucial for effective estate planning and tax management. Determining Domicile for Estate and Gift Tax Purposes Estate and gift taxation of non-U.S. citizens is based on residence. For estate and gift […]
William Blake once observed that “a truth that’s told with bad intent, beats all the lies you can invent.” It turns out the Supreme Court agrees, at least for escaping liability under 18 U.S.C. § 1014. In Thompson v. United States (No. 23-1095), a unanimous court held that this statute criminalizes only false statements and […]
Federal law provides a mandatory minimum sentence of five years for a person who uses or carries a firearm during a “crime of violence.” In Delligatti v. United States (No. 23-825), the Supreme Court addressed whether a crime of omission involves the “use” of physical force, thus subjecting a defendant to the sentencing enhancement. A […]
The Financial Crimes Enforcement Network (FinCEN) has adopted an interim final rule that significantly narrows the scope of beneficial ownership information (BOI) filing requirements. The interim final rule (i) removes the requirement for U.S. companies and U.S. persons to report BOI, and (ii) revises the definition of “reporting company” to mean only those entities that […]
Navigating the complexities of estate tax can be challenging, especially when determining the domicile of a taxpayer with residences in multiple states. In the recent Connecticut Superior Court case, Daniels v. Commissioner, the court faced the intricate task of establishing the domicile of a wealthy individual who divided his time between Connecticut, Florida, and Arizona. This […]
Income and losses generated within a trust must be reported, but the entity or person required to report such income or losses depends on what kind of trust it is. If a trust is a “grantor trust,” the grantor (i.e. the person who funded the trust) is responsible for the reporting and payment of tax. […]
When a veteran seeks disability benefits, federal law provides that ties go to the applicant. But if the Veterans Administration decides it’s not a tie—that is, the preponderance of the evidence comes out against the veteran—then it has no occasion to apply this tiebreaking rule. That leads to a question only an appellate lawyer would […]
The federal Lanham Act provides that a plaintiff who prevails in a trademark infringement suit is sometimes entitled to recover the “defendant’s profits” derived from the infringement. But does the “defendant’s profits” look only to the named defendant, or can it consider the profits of separately incorporated affiliates that were not parties to the lawsuit? […]
In Glossip v. Oklahoma (No. 22-7466), the Supreme Court ordered a new trial for Petitioner Richard Glossip, an inmate on Oklahoma’s death row for over twenty years who has steadfastly maintained his innocence. By a vote of 5-3 (with Justice Gorsuch not taking part in the case), the Court concluded that Glossip’s conviction violated Napue […]
In Wisconsin Bell, Inc. v. United States, ex rel. Heath (No. 23-1127), the Supreme Court addressed whether the Government “provide[s]” money to a program that subsidizes telecommunications services for schools and libraries through a surcharge imposed on telecom carriers, meaning that a telecom company’s allegedly inflated claim for these subsidies is potentially subject to liability […]
In Waetzig v. Halliburton Energy Services, Inc., (No. 23-971), the Supreme Court finally settled a question lawyers have been debating from time immemorial: Is a plaintiff’s voluntary dismissal of a complaint without prejudice under Federal Rule of Civil Procedure 41(a) a “final proceeding” for purposes of a Rule 60(b) motion to reopen the suit? A […]
In Lackey v. Stinnie (No. 23-621), the Supreme Court addressed a question that had divided the circuits: If a plaintiff sues under Section 1983 and obtains a preliminary injunction, but subsequent events moot the suit before the district court can make that temporary relief permanent, is the plaintiff a “prevailing party” entitled to attorney’s fees […]
FinCEN announced on February 27 that it will not enforce the current reporting deadline of March 21 under the Corporate Transparency Act (CTA). FinCEN will not issue any fines or penalties or take any other enforcement action against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to […]