Publications
This paper, presented in conjunction with the AIPLA 2022 Mid-Winter Conference panel, “IP for your Sole: IP Protection for Sneakers and Other Fitness Apparel,” will provide an overview of the intellectual property (IP) protection involving sneakers and athletic footwear and discuss the available forms of IP protection for sneakers and footwear. This discussion will be […]
On January 30, 2023, Partner Michael Menapace authored an article in Bloomberg Law on third-party litigation funding. Michael discusses the expansion of third-party litigation and why it should be more transparent. To read the article, click here.
Greetings, Court Fans! Just as winter snow has been historically late in arriving in some parts of the country, the Supreme Court was historically late in issuing its first signed opinion of the year. On Monday, 112 days after the start of the term, the Court issued its first opinion in an argued case, unanimously […]
The wiggin(x) Startup Kit is intended to provide your emerging high growth company with an overview of some of the key issues to keep in mind as you start and grow your business. Covering formation, protecting your intellectual property, personnel considerations, raising capital and more, this kit will serve as a general roadmap to recognizing […]
Recently, the Connecticut Appellate Court settled a decades-long split among trial courts, by holding that continued at-will employment may qualify as sufficient consideration in exchange for a restrictive covenant, such as a covenant not to compete. The underlying facts in Schimenti Construction Company, LLC v. Schimenti, __ Conn. App. __, __ A.3d __, 2023 WL […]
The annual ritual of adjusting civil monetary penalties for violations of U.S. export control and sanctions programs upwards for inflation is here. Here are the new numbers for: (i) the Department of Treasury, Office of Foreign Assets Control (“OFAC”), which administers U.S. financial sanctions programs; (ii) the Department of Commerce, Bureau of Industry and Security […]
On January 10, 2023, Partner Jolie Apicella authored an article for Medical Economics titled, “Examining Post-Pandemic Telehealth Fraud Risks.” Jolie discusses recent telehealth fraud enforcement and the current state of the Public Health Emergency waivers for telehealth flexibilities. To read the article, click here.
On December 22, 2022, Partners Mark Heaphy and Tamia Simonis were published in a Thomson Reuters Practical Law Q&A guide. The guide gives an overview of legal and regulatory requirements on different types of outsourcing; commonly used legal structures; procurement processes; formalities required for transferring or leasing assets; data protection issues; supply chain compliance; specification, […]
It’s been a busy month for the National Labor Relations Board, with a flurry of activity having significant ramifications for unionized and non-union companies alike. In this series of split decisions, the Biden NLRB continues to chip away at precedent as it expands protections for workers and unions. As we enter the new year, employers […]
For many, the holidays are often spent gathering around the dining room table with family and close friends, sharing meals and regaling each other with stories or politics of the day, to the chagrin of some. It is also a time of year when we look forward to accomplishing our year-end goals and plan for […]
Today the Department of the Treasury’s Office of Foreign Asset Controls (OFAC) added Public Joint Stock Company Rosbank (Rosbank), one of Russia’s largest banks, to its Specially Designated Nationals and Blocked Persons List, pursuant to Executive Order 14024. Concurrent with today’s action, OFAC issued three general licenses authorizing limited transactions involving Rosbank (GL8E, GL58, GL59), […]
As 2022 draws to a close, we present our annual year-end advisory, which outlines our outlook for 2023 planning and highlights year-end planning opportunities. We also welcome the additions of Associates Kateryna Bakhnak, Ruth Fortune and Andrew Philbin. To read the full advisory, please click the PDF link below.
On December 2, 2022, Partner Jolie Apicella authored an article for New York Law Journal titled, “Impact of ‘Ruan v. United States’: Taking Stock of the Legal and Compliance Implications for Criminal Law and Health Care Practice.” Following the ‘Ruan’ decision, the article discusses how district courts are applying it in practice, enforcement trends following […]
On November 28, 2022, Partners Andrew Ritter, Adam Silverman and Jack Sousa authored an article in TechCrunch titled, “Interim rate of return: A better approach to valuing early-stage startups.” The article takes a look at how the interim rate of return allows convertible instruments to get back to basics, avoiding discussions of early-stage value and […]
Grantor Retained Annuity Trusts, commonly referred to as “GRATs,” are an excellent tool to transfer wealth outside of your taxable estate while using a minimal amount of gift tax exemption in the process. GRATs are great estate planning vehicles for clients with appreciating assets, clients who are risk averse and clients who have used up […]
On September 2, 2022, the Group of Seven nations (G7) announced that they would impose a price cap on Russian oil and petroleum products, to undermine Moscow’s ability to finance war in Ukraine. A week later, the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) released preliminary guidance (September Guidance) explaining that the U.S. […]
Partner Michael Kasdan and Patent Agent Brian Pattengale authored two articles for Law360. The articles, “AI-Related Challenges Are Becoming A Reality For Copyrights” and “A Look At Future AI Questions For The US Copyright Office” discuss Artificial Intelligence’s impact on copyright. The articles take a look into the expansion of AI’s creativity and its relationship […]
Greetings, Court Fans! We’re back to start a new term. Coming off a seismic OT21, The Nine (or at least four of them) may be hoping for a “down year” in OT22. But that seems unlikely, as even the cases already on the calendar have the potential to produce some blockbuster decisions—on elections (Moore v. […]
The United States Patent and Trademark Office (USPTO) issued new rules concerning the timeframe within which responses to trademark Office Actions must be filed. The new rules come into effect beginning on December 3, 2022. The longstanding timeframe for response to Official Actions issued by Trademark Examining Attorneys had been six months from issuance of […]
Senior Counsel Robert M. Langer has authored the Connecticut state chapter of the first edition of State Consumer Protection Law, a treatise published by the ABA’s Antitrust Law Section. Partners Steven B. Malech and Joseph Merschman both contributed to the Connecticut chapter of the predecessor treatise Consumer Protection Law Developments. Bob is also the co-author of the definitive treatise on Connecticut’s principal […]
David Ring and Sean Koehler co-authored an article published in issue 25 of Export Compliance Manager titled, “Changes to OEE enforcement policy and voluntary self-disclosure calculus.” The article discusses how the Bureau of Industry and Security (BIS) Office of Export Enforcement (OEE) has altered its approach to enforcement, and the effects those changes may have […]
Why are owners of Gutter Cat Gang cats buying digital “vials” of “juice” that create new cats from existing cats and cat sacrifices? And why should web3 watchers care? According to Partner Michael Kasdan, this is a sophisticated market and product engineering at work. The Gutter Cat Gang is described on OpenSea as “a collection […]
How can a Connecticut resident protect his or her estate from family members who might fight over it? The inclusion of a “no contest” clause under a will or trust may be one strategy, but does Connecticut recognize “no contest” clauses? And, if an heir initiates a litigation, would a Connecticut probate court actually enforce […]
One of the fundamental promises of “web3,” a blockchain-based decentralized vision of the Internet, is that consumers will have greater control over their data and their wallet while artists, designers, and content creators will no longer need to rely on – and cede control and profits – to large centralized corporate gatekeepers to access markets. […]
Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored an article titled, “Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases” in ABA Antitrust Law Section’s Antitrust Magazine. The article discusses the complex intersection of state pricing regulation, the Sherman Antitrust Act and the U.S. […]
Partner Michael Kasdan authored an article published in Law.com’s The National Law Journal titled, “Creative Approaches to IP in Web3.” The article explains how Web3 “can be a large-scale playground in which to experiment with ideas about creating value through different IP strategies and IP licensing approaches.” To view the article, click here. (Subscription required) To view Mike’s first article […]
On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit became the first federal appellate court to rule that gender dysphoria, a discomfort that is caused by a discrepancy between a person’s gender identity and that person’s sex assigned at birth, could qualify as a disability under the Americans with Disabilities Act (“ADA”). The […]
This time of year, many parents with a college-aged child are squeezing in last-minute vacations, back to school shopping and other activities before their child returns to college or starts first semester. However, one component that is often overlooked is to ensure adult children have adequate estate planning in place to address their financial and […]
Decades after the science-fiction visions of Stanley Kubrick’s 2001: A Space Odyssey and Isaac Asimov’s I, Robot, artificial intelligence (“AI”) is finally moving to the mainstream. Many of us use digital assistants like Apple’s Siri or Google’s Alexa every day, and we gape, with a mixture of awe and terror, over videos of the feats of […]
Partner Michael Kasdan authored an article in Fount ETFs titled, “Intellectual Property Issues to Consider When Launching Metaverse Offerings.” The article describes best practices for brands and creators to align their intellectual property legal strategy with their business strategy in Web3. To view the article, click here.