Publications
Attorneys Michael Menapace and Alundai Benjamin authored an article in TIPS Law Journal volume 57, issue 2, published by the American Bar Association titled, “Recent Developments in Cybersecurity and Data Privacy.” To read the article, please view the PDF below.
Each year, Wiggin and Dana LLP and LeadingAge Connecticut collaborate to produce a comprehensive summary of new Connecticut laws affecting providers of services for the elderly. The 2022 Legislative Summary reports on a number of new legislative requirements affecting nursing homes, assisted living communities, residential care homes, home health care, senior housing and other home […]
Last week, the Third Circuit Court of Appeals barred two employees from New York and Maryland from joining a putative wage-and-hour collective action in Pennsylvania. The action was filed by a former FedEx security specialist, Christa Fischer, who alleges that FedEx misclassified her and other security specialists as exempt from the Fair Labor Standards Act’s […]
Prenuptial agreements are designed to address the financial rights and obligations of parties entering into a marriage rather than relying upon applicable state law in the event of death or divorce for determination of the parties’ rights. Spousal inheritance rights and divorce law can vary widely among states – the laws of the state where […]
Partners Len Gray, Paul Hughes and Evan Kipperman were recently published in TechCrunch on the importance of checking for founder-investor alignment before you start fundraising. They note, “Choosing the right partner for the right stage of your business can make the difference between building a billion-dollar company and losing control of the business.” To read […]
A good estate plan is one that successfully protects an individual’s assets from creditors or divorcing spouses, for example. A great estate plan also considers the ever-changing tax laws and regulations surrounding the estate and gift tax basic exclusion amount (BEA) that individuals are eligible to use either during their lifetimes or upon their deaths. […]
There are two different systems for classifying marital property in the United States: the common law property system and the community property system. Most states, including Connecticut and New York, utilize the common law property system. Under this system, property acquired by a married person during marriage is the property of that person separately, unless […]
As we approach the latter half of 2022, our Private Client Service team would like to share some exciting updates in the areas of: Estate Planning Business Succession Planning Fiduciary and Probate Litigation International Private Client Services Philanthropy Trust and Estate Administration Services We trust you will find it both interesting and a reflection of […]
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance which included new COVID-19 screening protocols. Here’s what employers need to know: Legality of COVID-19 Viral Tests Depends. Prior to the new guidance, COVID-19 viral testing was presumed permissible. Now, however, administration of a COVID-19 viral test as a screening measure must […]
Greetings, Court Fans! We’re back with our final Update of OT21, covering yesterday’s decisions in West Virginia v. EPA (No. 20-1530) and Biden v. Texas (No. 21-954), as well as a straggler from last week, Becerra v. Empire Health Foundation (No. 20-1312). We’ll also preview some of the cases coming up for OT22. We’ll start […]
Greetings, Court Fans! The Nine (of OT20-21) closed out one of the most momentous terms in recent memory this morning, handing down the last two decisions of the term in West Virginia v. EPA (No. 20-1530) and Biden v. Texas (No. 21-954). The Chief Justice wrote for differing majorities in both cases, joined in each […]
Earlier this week, the First Circuit Court of Appeals ruled that Whole Foods’ ban on workers wearing Black Lives Matter face masks did not amount to race-based discrimination or retaliation. In this case, Frith v. Whole Foods Mkt., Inc., the plaintiffs sued after being sent home without pay or otherwise disciplined for wearing face masks […]
Greetings, Court Fans! On the penultimateday of OT21, the Court handed down two more decisions: Oklahoma v. Castro-Huerta (No. 21-429), holding that the federal and state governments have concurrent jurisdiction to prosecute crimes committed by non-Indians in Indian country; andTorres v. Texas Dep’t of Public Safety (No. 20-603), holding that states cannot invoke sovereign immunity […]
Greetings, Court Fans! While the world continued to react Friday’s decision in Dobbs, The Nine were back this morning with three more: In Kennedy v. Bremerton School District (No. 21-418), a 6-3 Court held that the Free Exercise and Free Speech Clauses of the First Amendment protected a high school football coach from being disciplined […]
On June 21, 2022, key provisions of the Uyghur Forced Labor Prevention Act (UFLPA) took effect. As a result, U.S. Customs and Border Protection (CBP) began to apply a presumption that all imports of goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (Xinjiang) of China, or by entities identified […]
Partner Michael Kasdan authored an article in Bloomberg Law entitled, “Don’t Write Off NFTs—They Will Be Around a Long Time.” The article discusses the risks of this emerging space, but also explains the range of potential applications for NFTs and why they are here to stay for the long term. To read more, click here.
Greetings, Court Fans! The Court returned today with two more decisions, including the biggest in decades: In Dobbs v. Jackson Women’s Health Organization (No. 19-1392), a majority of five justices overruled Roe and Casey, holding that the Constitution does not confer a right to abortion. On first glance, Justice Alito’s majority opinion largely tracks the […]
Greetings, Court Fans! As we previewed this morning, the day many have been dreading, and others eagerly anticipating, has arrived: The Supreme Court today overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), and expressly held that the Constitution does not confer a right to abortion at any stage of pregnancy. As expected, […]
The regimes of patent protection and trade secret protection, in many ways, rest on opposite foundational philosophies – whether to opt to disclose your invention and seek patent protection or keep things under wraps and opt for trade secret protection is an important early decision. Here is some practical information from our Trade Secret […]
Despite recent legislative advancements, including the 2015 historic Supreme Court decision in Obergefell v. Hodges to make same-sex marriage legal in all 50 states, lesbian, gay, bisexual, transgender and queer (LGBTQ+) individuals and their families still face unique challenges when ensuring their intentions and directives are respected and met, particularly after their death. Whether you […]
Greetings, Court Fans! As we predicted last week, it was only a matter of time before the Court started issuing decisions in some of this term’s big cases. And today, we got one of the biggest: In New York State Rifle & Pistol Association v. Bruen (No. 20-843), an ideologically divided 6-3 Court held that […]
Greetings, Court Fans! On Tuesday, the Court continued its quick pace through the rest of its docket, issuing decisions in five argued cases: In Carson v. Makin (No. 20-1088), a 6-3 Court held that Maine’s provision of tuition assistance only to “nonsectarian” schools violates the Free Exercise Clause; United States v. Taylor (No. 1459) held […]
Greetings, Court Fans! We’re back with the final four decisions of a busy week: American Hospital Association v. Becerra (No. 20-1114), where the Court rebuked the Department of Health and Human Services for its method of reimbursing hospitals for prescription drugs in 2018 and 2019 (but without rebuking its own beleaguered Chevron test); Viking River […]
The United States Patent and Trademark Office (USPTO) issued a new guide clarifying the examination evidentiary standard for marks refused for genericness.[1] The new guide lowers an Examining Attorney’s evidentiary burden for supporting a genericness refusal from a “clear evidence” standard to a “reasonable basis” standard.[2] The USPTO lowered an Examining Attorney’s evidentiary burden to […]
From Louis Vuitton to Gucci to Nike, leading brands are both leading the charge into the metaverse and defending their brands from incursions from it. Fashion brands have shaped markets and clothing trends for many decades, and it appears that this trend will continue as we move into the metaverse. Several luxury fashion giants are […]
Greetings, Court Fans! We’re back with summaries of three more of this week’s cases: Ysleta del Sur Pueblo v. Texas (No. 20-493), holding that Texas’s gaming regulations did not apply to an Indian Tribe’s gaming activities on Tribal land; Kemp v. United States (No. 21-5726), which holds that a district judge’s legal error is a […]
Greetings, Court Fans! As we’ve been harping on for the last few weeks, the Court’s OT21 term has crept along at a snail’s pace, with a nearly unprecedented number of cases yet to be decided this late in the term. But this week, the Court took a huge leap forward, issuing 11 (well, maybe 10.5) […]
On June 11, 2022, Partner Maureen Weaver and Counsel Megan George’s article titled, “Health Cos. Can Challenge Medicare Advantage Org Delays,” was published in Law360. The article discusses a recent report from the U.S. Department of Health and Human Services Office of Inspector General. The report, “sparked a call to action to curb questionable tactics […]
Amazon Sellers know that Amazon’s immense e-commerce platform has tremendous benefits, but they are also all too familiar with its hard-to-navigate downsides. On the pros side, the Amazon online marketplace is a truly transformative platform in terms of allowing sellers to easily reach and sell their products to a massive global customer base. Product sellers […]
Greetings, Court Fans! Just like we promised, we’re back to talk about Egbert v. Boule (No. 21-147). As Court watchers like you likely know, in Bivens v. Six Unknown Federal Narcotics Agents (1971), the Court authorized a damages cause of action against federal officials for alleged violations of the Fourth Amendment, parallel to the cause […]