Publications
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.
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 […]