Publications
Greetings, Court Fans! It seems the Nine may finally be settling into a practice of actually issuing decisions in argued cases. This week witnessed two more relatively minor decisions, including one with a first-of-its-kind lineup. Read on for summaries of Delaware v. Pennsylvania (No. 145, Orig.),in which the Court unanimously held that that the First […]
Exactly one year ago today, on March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), 9 U.S.C. §§ 401-02. The EFAA amends the Federal Arbitration Act (“FAA”) to essentially bar compulsory arbitration of claims for sexual assault or sexual harassment as the term has […]
On February 28, 2023, Partner Michael Kasdan authored an article in The Patent Lawyer Magazine titled, “Turbulent times: Nike v Lululemon over FlyKnit patent portfolio.” Mike’s article discusses the recent lawsuit brought by Nike against Lululemon regarding a patent infringement of three of Nike’s FlyKnit patents. To learn more and to read the article, click […]
On February 24, 2023, the U.S. Supreme Court added another layer to the already-complicated matrix of overtime exemptions when it concluded that an employee earning $963 per day, and over $200,000 per year, failed to satisfy the “highly compensated employee” exemption to overtime compensation under the Fair Labor Standards Act (FLSA), and was therefore entitled […]
Last week, the National Labor Relations Board (“NLRB”) issued an order overruling two Trump-era decisions and finding non-disclosure and confidentiality provisions routinely used by employers in separation agreements unlawful under the National Labor Relations Act (“NLRA”). This reversal should prompt employers to review their standard severance agreements. The Biden NLRB’s McLaren Macomb Decision[1] At the […]
Greetings, Court Fans! After waiting until late January to issue its first signed opinion of the term, the Nine then made us wait another month for the second (and, so it happens, the third and the fourth). That’s still well behind the typical pace: In most terms, we’d expect to have seen upwards of a […]
On February 16, 2023, Partner Michael Kasdan published an article in Law.com’s Legaltech News titled, “Breaking Down the NFT License Agreement for the Pre-Super Bowl Rihanna Song NFT That Entitles Owners to a Percentage of Future Digital Streaming Royalties.” Mike breaks down the license agreement behind the NFTs that were dropped by a music producer […]
Courts are often reluctant to enforce no-contest clauses in estate and probate matters. As noted in our prior alert on the Connecticut Appellate Court case Salce v. Cardello, even where the terms of the no-contest clause appear to have been breached, the enforcement of a no-contest clause can be a wildcard, especially where a Probate […]
Following his participation in US Patent and Trademark Office and US Copyright Office’s joint round table on NFTS and IP, Partner Michael Kasdan submitted public comments responding to related Federal Notice of Inquiry. His comments focused on three areas: (a) explaining the breadth of NFTs – in terms of use cases, industry verticals, and the way they […]
At the end of last year, the Michigan Court of Appeals issued an opinion in the case of In re Estate of Daniel K. Wallace, noting the importance for a fiduciary to administer an estate and operate the estate’s business interests in accordance with fiduciary obligations. The case highlighted the mistake that many fiduciaries, especially […]
Recent financial headlines have been inundated with stories of privately held companies, such as WeWork, Theranos and FTX, raising significant amounts of capital, only for investors to find out that the projections and promises they had received had no basis in fact. With the rise of “unicorns” (companies valued at more than $1B) and “decacorns” […]
The United States Department of Justice Antitrust Division announced on February 3, 2023, that it has withdrawn from three guidance documents, issued in 1993, 1996 and 2011. The reason given was that the guidance documents were deemed “obsolete.” The most significant aspect of this announced withdrawal is that each document provided certain “safety zones” for […]
As we continue in another year of growth, we want to assure you that we are here to provide timely, cost effective and thoughtful legal counsel to a diverse client base. Attached is our M&A practice year end review. We trust you will find it both interesting and a reflection of our expertise as we […]
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 41, No. 2, Fall 2021 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 41, No. 3, Winter 2022 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 41, No. 4, Spring 2022 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 42, No. 1, Summer 2022 Edition. The editorial can be read in full at the PDF link below.
Partner John Doroghazi authored an editorial for the Franchise Law Journal, Vol. 42, No. 2, Fall 2022 Edition. The editorial can be read in full at the PDF link below.
Pausing to reflect and consider a world without you — or a world with an impaired version of you — is not easy. It is also not easy for your loved ones. Implementing an estate plan is like handing a roadmap of your wishes to your friends and family when you are unable to speak […]
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), […]