Publications
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 […]
Connecticut has amended its credit card surcharge law, effective as of May 24, 2022, that imposes important disclosure requirements in order for companies to offer discounts to customers who choose to pay in cash rather than by credit card. [1] What is a Surcharge? A surcharge is “an additional charge or fee that increases the […]
Greetings, Court Fans! With just four weeks to go before the end of the Court’s term and nearly three dozen cases yet to be decided, it’s going to be a busy June at One First Street. But this week, the Court took some small steps toward working through the remaining cases, issuing decisions in four […]
On June 6, 2022, the U.S. Supreme Court issued a unanimous decision holding that notwithstanding the arbitration clause in her employment contract, a ramp agent supervisor who was frequently required to load and unload cargo from airplanes for cross-country travel is a member of the “class of workers” engaged in interstate commerce so as to […]
Greetings, Court Fans! Two decisions to report this week, which illustrate the spectrum of accord and division among The Nine, depending on subject matter. In Shinn v. Martinez Ramirez (No. 20-1009), a bitterly divided Court ruled (6-3 on ideological lines) that the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) precludes federal habeas courts […]
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 […]