Publications
In an opinion issued on June 1, 2022, the U.S. Court of Appeals for the Seventh Circuit, in Ziccarelli v. Dart, clarified that employers can unlawfully interfere with an employee’s rights under the Family and Medical Leave Act (“FMLA”) even without formally denying a leave request. The plaintiff in this case, Salvatore Ziccarelli, was employed […]
Partner Michael Kasdan authored an article in Law.com’s The National Law Journal entitled, “NFTs: What Lawyers Need to Know to Help Clients Navigate This Emerging Space.” The article provides background on NFTs for business people, lawyers and advisers to understand NFTs from a legal perspective and discusses some key take-aways on the legal side. To read more, click here.
If you are considering a transfer of wealth, then you must consider obtaining a proper valuation to go with it. In the recently issued Chief Counsel Memorandum 202152018 (the “CCA”), the IRS held that a taxpayer’s valuation of assets contributed to a grantor retained annuity trust (a “GRAT”) was inadequate and, as result, the GRAT […]
On May 23, 2022 the U.S. Supreme Court issued a unanimous decision ending a decades old practice among Circuit Courts of Appeal to create arbitration-specific federal procedural rules. In Morgan v. Sundance, Inc. (No. 21-328), the Court held that the Federal Arbitration Act (“FAA”) does not authorize federal courts to tailor bespoke procedural rules for […]
Greetings, Court Fans! Two more decisions this week as we round the bend to the final stretch of OT21. In Federal Election Commission v. Ted Cruz for Senate (No. 21-12), the Court struck down another section of the Bipartisan Campaign Reform Act of 2002 (BCRA), concluding that limitations on how and when a campaign may […]
The Treasury Department recently released its Greenbook outlining the Biden Administration’s desired changes to the current tax code. The changes are ambitious and reflect the administration’s focus on both evaluating and addressing untapped assets held by wealthy taxpayers. To read this advisory in its entirety, click the PDF below.
On May 10, 2022, Connecticut Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” (also known as the Connecticut Data Privacy Act (CTDPA)) making Connecticut the fifth state to pass a comprehensive data privacy law, along with California, Virginia, Colorado and Utah. The new law goes into effect on July 1, […]
Joining many countries around the world, the U.S. Patent and Trademark Office (USPTO) will begin issuing (e-mailing) only electronic certificates of registration. While the change to electronic certificates had initially been slated to begin on June 7, 2022, on May 16th the USPTO advised that the rollout date for electronic certificates was being moved up to […]
With enrollment in Medicare Advantage Organizations (“MAOs”) on the rise, concerns are emerging about questionable tactics that MAOs deploy, resulting in denials and delays for beneficiaries and their providers. The Department of Health and Human Services’ Office of Inspector General (“OIG”) recently shed further light on these practices in a recent report, “Some Medicare Advantage […]
Greetings, Court Fans! Slow news week at One First Street, with just one 9-0 decision in a (fairly interesting) First Amendment case. What’s that you say? You’ve heard tell of another opinion making the rounds? Fair enough, it could be that the most significant constitutional decision in fifty years was “pre-released” on Monday. But as […]
Greetings, Court Fans! The Nine heard their last argument of OT21 yesterday, and one of them—Justice Breyer—the last of his nearly 30-year career on the Court. (His final question, since you ask? A very characteristic “Am I right or wrong?”) The Court also issued one opinion this week, holding in Cummings v. Premier Rehab Keller (No. […]
The Connecticut Supreme Court recently clarified in Connecticut Jud. Branch v. Gilbert that the Commission on Human Rights and Opportunities (“CHRO”) can award damages pursuant to federal laws prohibiting employment discrimination and retaliation. The question before the Court was whether the CHRO has the authority to award emotional distress damages and attorney’s fees for violations of Title […]
Partner Michael Kasdan authored Chapter 14, Dealing in Intellectual Property: What You Need to Know to Get the Deal Done in the recently published Wolters Kluwer IP Textbook: Practical Guide to Successful Intellectual Property Valuation and Transactions. The Practical Guide draws on decades of experience from the world’s most renowned IP valuation experts, patent office chief economists, finance […]
Greetings, Court Fans! It was a busy day at One First Street yesterday, with five new decisions. In City of Austin v. Reagan National Advertising (No. 20-1029), the Court clarified its test for determining when speech-restrictions are content based and therefore presumptively invalid. In United States v. Vaello Madero (No. 20-303), the Court held that […]
On Wednesday, April 6, 2022, the White House announced that the U.S. would impose “severe and immediate economic costs on the Putin regime for its atrocities in Ukraine, including in Bucha.” Following the announcement, the Office of Foreign Assets Control (“OFAC”) and the Bureau of Industry and Security (“BIS”) implemented President Biden’s directive, imposing a […]
We are pleased to announce that Wiggin and Dana has established a cross-specialty practice group of intellectual property, corporate and emerging companies, fund formation, litigation, and art law attorneys to provide clients with one-stop access to the full suite of legal services necessary to assist our clients in navigating the exciting but complex world of […]
Greetings, Court Fans! The big SCOTUS news this week came yesterday, with the 53-47 Senate vote to confirm Judge Ketanji Brown Jackson as the first African American woman to serve on the Supreme Court. Congrats, Judge Jackson/America! As always you can find all sorts of analysis of the confirmation and soon-to-be Justice Jackson’s potential impact […]
Greetings, Court Fans! Just one new decision this week. In Badgerow v. Walters (No. 20-1143), the Court resolved a circuit split over a technical jurisdictional issue involving the Federal Arbitration Act (“FAA”), while airing the ever-diminishing differences among the Justices when it comes to formalistic or functional approaches to statutory interpretation. Section 4 of the […]
In recent months, the United States has imposed a complex mix of economic sanctions and export controls on the Russia Federation, Belarus, and the Self-Declared Donetsk and Luhansk People’s Republics (DNR and LNR). In Wiggin and Dana’s Summary of Recent OFAC Sanctions and BIS Export Controls on Russia, Belarus, and the Self-Declared Donetsk and Luhansk […]
Greetings, Court Fans! While most eyes were on the confirmation hearings of the Court’s next (presumptive) justice, the current crew kept busy with two new decisions, each touching on First Amendment concerns. In Houston Community College System v. Wilson (No. 20-804), the Court held that the First Amendment does not preclude a public college from […]
Wiggin and Dana Partners, Joseph Casino and Michael Kasdan provide a 2022 update to their article “Patent Litigation: Mapping a Global Strategy,” published by Thomson Reuters and The Practical Law Company. The article provides a global approach to patent litigation and strategic consideration based on administrative proceedings for patent disputes and discusses the impact of the procedural difference in various forums. To […]
Guess what? More U.S. sanctions on Russia…Today’s Executive Order (March 11) prohibits: 1. IMPORTS into the U.S. of fish, seafood, alcohol, and non-industrial diamonds from Russia (more items may be added later). OFAC published several FAQs and General Licenses related to this restriction, including: GL17 permitting imports under pre-existing contracts through March 25; and FAQs clarifying that […]
On March 3, 2022, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) issued a rule expanding restrictions in Part 746.5 of the Export Administration Regulations (“EAR”) to impose export license requirements for transfers to and within Russia on a long list of additional items related to oil and gas exploration and production. The […]
Greetings, Court Fans! The Nine have been active of late, with four opinions coming out late last week and another yesterday morning. There was also significant news yesterday on the orders docket. Here follows our harried (if not quite hurried) effort to bring you up to speed. First up, in United States v. Tsarnaev (No. […]
Partner Michael Menapace has co-edited “A Practical Guide to Cyber Insurance for Businesses,” published by the American Bar Association. The ABA describes this publication as, “a practical guide for insurance brokers, underwriters, risk managers and businesses as each of these constituencies work with each other to choose the right cyber insurance product for commercial businesses.” […]
Greetings, Court Fans! The big news today (setting aside the early rumblings of World War III) is of course President Biden’s nomination of D.C. Circuit Judge Ketanji Brown-Jackson to succeed Justice Breyer on that other federal appeals court in the District. You’ll have to look elsewhere (and you won’t have to look far) for hot […]
On February 24, 2022, the U.S. announced significant additional financial sanctions targeting Russia and Belarus in connection with the situation in Ukraine. New export controls were also announced – more to follow on those later. For now, here’s an overview of the new financial sanctions. These are in addition to the sanctions announced earlier in the week, and […]
On February 22, 2022, the US government followed its February 21st embargo on the self-proclaimed Donetsk and Luhansk Republics with additional sanctions. The additional sanctions, described by President Biden as a “first tranche,” to be followed by more if Russia continues its activities in Ukraine, are: (1) blocking sanctions on two large Russian banks (VEB and Promsvyazbank) and […]
On Monday February 21, 2022, the Biden Administration issued a new Executive Order (“the Order”) imposing sanctions on the self-declared republics of Donetsk and Luhansk in Eastern Ukraine (“DNR” and “LHR,” respectively). The Order creates an embargo on the two regions, prohibiting: (i) direct or indirect export, reexport, sale, or supply, from the United States or by a […]
The United States Court of Appeals for the Federal Circuit recently weighed in on the California Institute of Technology v. Broadcom Ltd. et al., No. 20-2222 (Fed. Cir. Feb. 4, 2022)) (CalTech) case, dismissing a $1.1B damage award against Broadcom and Apple and issuing a precedential opinion that clarifies three areas of patent law: (i) […]