Publications
On August 15, 2025, D.C. District Judge Sparkle L. Sooknanan issued a preliminary injunction preventing the Federal Trade Commission (“FTC”) from implementing or enforcing the Civil Investigative Demand (“CID”) that it had issued to the left-wing watchdog journalism organization, Media Matters for America.[1] Judge Sooknanan warned that “[i]t should alarm all Americans when the Government […]
For insiders of publicly traded corporations, there are numerous Securities and Exchange Commission (“SEC”) regulations to follow and abide. One set of those regulations comes from Section 16(b) of the Securities Exchange Act of 1934 (“the Securities Act”), sometimes referred to as the “short swing profits rule,” which prohibits certain company insiders from making profits […]
Partner Jolie Apicella authored the article titled, “Esteras Restricts Consideration of Past Offenses in Revocation Hearings” for the New York Law Journal. Jolie unpacks the Supreme Court’s decision Esteras v. U.S. and explores its implications for white collar criminal defense attorneys faced with a client’s hearing on whether to revoke supervised release for a violation of a condition of that […]
In the recent precedential opinion, Colibri v. Medtronic,[1] the U.S. Court of Appeals for the Federal Circuit (CAFC) held that cancellation of a claim during patent prosecution can give rise to an estoppel effect on an issued patent claim which is separate from, but substantively related to, the cancelled claim, thereby affecting the scope of […]
As experienced litigation attorneys can explain, summary judgment is a procedural mechanism that allows a court to resolve a case without a trial when there are no genuine disputes of material fact, and the moving party is entitled to judgment as a matter of law. This tool has long been available under both Connecticut and […]
UPDATE: The Trump Administration immediately appealed Judge AliKhan’s order to the U.S. Court of Appeals for the District of Columbia Circuit. On July 21, 2025, the Court of Appeals entered an administrative stay, thus temporarily blocking Slaughter’s reinstatement to the FTC. In a one page order, the Court of Appeals explained that the purpose of […]
The United States Court of Appeals for the Eighth Circuit has recently vacated the Federal Trade Commission’s revised Negative Option Rule, also known as the “Click to Cancel” Rule [hereinafter the “Rule”], on procedural grounds, citing various flaws during the regulation-making process.[1] We previously reported that the Rule was scheduled to go into effect on […]
At the close of the 2025 Connecticut General Assembly’s legislative session, Connecticut lawmakers created seven new per se violations[1] of the Connecticut Unfair Trade Practices Act[2] (“CUTPA”) and granted exclusive authority to the Connecticut Attorney General to enforce the existing CUTPA per se violation under the precipitating emergency statute.[3] One new per se violation became […]
On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) was signed into law. Among its numerous provisions were important changes to the current tax provisions applicable to qualified small business stock (“QSBS”). These changes present even greater opportunities for founders and investors to take advantage of the favorable tax treatment offered by the […]
On July 2, 2025, the federal government announced the formation of a new False Claims Act (FCA) enforcement task force aimed at the pharmaceutical, medical device, and health care industries. Attorneys from the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) will begin working together immediately to identify enforcement priorities, […]
On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The OBBBA makes permanent several provisions implemented by Trump’s 2017 Tax Cuts and Jobs Act (TCJA) and also introduces several new rules, many which significantly affect high-net-worth individuals. Outlined below are five major takeaways from the OBBBA. If you […]
The Federal Trade Commission’s (“FTC”) recent settlement of the Synopsys/Ansys merger and the Department of Justice Antitrust Division’s (“DOJ”) settlement of the Keysight/Spirent merger are signs that, under the new Trump administration, the agencies are interested in putting merger remedies, which had essentially been a non-starter during the Biden administration, back on the table. FTC […]
Inventions claimed in a patent must meet a threshold subject matter eligibility (SME) requirement imposed by the U.S. patent laws.[1] The Supreme Court’s two-step Alice test provides a framework for analyzing whether a claimed invention passes the SME threshold.[2] If a claim is directed to a judicial exception such as a law of nature or […]
On June 23, 2025, U.S. District Judge Alsup of the Northern District of California issued a decision in the high-profile lawsuit brought by several authors against Anthropic, the AI developer of the Claude chatbot. The authors accused Anthropic of copyright infringement, claiming that Anthropic used their books without permission to train its large language models […]
Two recent developments signal an increase of False Claims Act (“FCA”), 31 U.S.C. § 3729(a) et seq., risk to importers and manufacturers. On June 23, 2025, the Ninth Circuit upheld a verdict of over $24 million against Sigma Corporation (“Sigma”), an importer of welded outlets from China, for making false statements on customs forms to […]
On June 6, U.S. District Judge Claudia Wilken approved a proposed settlement agreement between the National Collegiate Athletics Association (“NCAA”), the Power Five Conferences and student athletes, effectively paving the way for name, likeness, and image (“NIL”) compensation for student athletes.[1] The approval comes nearly five years after student athletes filed the class action lawsuit […]
While investing in distressed properties can be lucrative, it can have significant legal and financial implications. Given the current market fluctuations, distressed real estate can impact a family office in several ways, from capital allocation and operational challenges to legal entanglements and reputational risks. How can distressed real estate affect a family office? Wiggin and […]
Introduction The monetization of patents is a significant business objective for many patent owners because it can be source of substantial revenue. A successful monetization campaign can be used to support the patent owner’s business, including making new investments in innovative research and development programs. Monetization can take many forms, including the outright sale of […]
On June 2, 2025, Partner Paul Tuchmann authored the article titled, “Supreme Court’s Kousisis Decision Leaves ‘Material’ Question Open” for Bloomberg Law. Paul analyzes how the U.S. Supreme Court’s ruling in Kousisis v. United States left open how to define “materiality” in certain mail and wire fraud cases, but hinted that the answer lies in […]
On May 30, 2025, Partner Julie Edelstein authored the article titled, “DOJ Could Target Journalists Under Media Policy Reversion” for Law360. Julie examines U.S. Attorney General Pam Bondi’s recent memorandum, which rescinds Merrick Garland’s policies that had restricted the DOJ from obtaining journalists’ records and testimony. She also discusses Bondi’s final rule, issued on May […]
As we previously reported, on October 16, 2024, the Federal Trade Commission (FTC), after receiving thousands of public comments, released the final version of its Negative Option Rule. The Rule is now scheduled to go into effect on July 14, 2025.[1] Any company with automatic renewal subscriptions or memberships will be impacted by the Rule. The Rule, […]
On May 21, 2025, in an 8-2 en banc decision, the Federal Circuit held that the district court’s decision to deny a new trial on damages, made without giving rationale for its ruling, was an abuse of discretion and, in addition, the record of the case could not support the patent owner’s expert’s opinion that […]
On May 22, 2025, Partner Jody Erdfarb co-authored an article titled, “Top Five HIPAA Enforcement Trends” for the American Health Law Association’s Health Information and Technology Practice Group. In the article, Jody discusses the importance of maintaining the privacy and security of health information in the health care industry. To read the full article, click […]
On May 21, 2025, Partner Julie Edelstein and Counsel Daniel Passeser authored the article titled, “Statutory Challenges to Government Contract Terminations: Where and How to Sue” for the Connecticut Law Tribune. Julie and Daniel discuss key considerations and best practices for handling government contract terminations. To read the full article, click here.
U.S. Deputy Attorney General Todd Blanche issued a memo on May 19, 2025 launching the Civil Rights Fraud Initiative, which will use the False Claims Act, 31 U.S.C. § 3729 et seq. (FCA), to pursue claims against recipients of federal funds who violate federal civil rights laws. The government has typically conducted FCA investigations and […]
What Is an Intrafamily Loan? Intrafamily loans, or loans between family members, can be an effective estate planning tool to transfer potential growth on loaned funds between generations without reducing the lender’s lifetime gift and estate tax exemption. The Internal Revenue Service (“IRS”) generally scrutinizes intrafamily loans and may recharacterize them as disguised gifts subject […]
Last month, in Recentive Analytics, Inc. v. Fox Corp., the Federal Circuit affirmed the Delaware district court’s dismissal of a patent infringement suit, holding that four machine learning-based patents were ineligible for protection under 35 U.S.C. § 101. This decision adds clarity into how courts evaluate subject matter eligibility of patents that involve artificial intelligence […]
The Federal Trade Commission’s (“FTC”) first Robinson-Patman Act (“RPA”) suit in decades has survived a motion to dismiss. The Honorable Fred W. Slaughter in the United States District Court for the Central District of California ruled on the papers that the FTC’s Complaint against Southern Glazers Wine and Spirits, LLC (“Southern”) “sufficiently alleges” a claim […]
The death of a serving executor or administrator (a “fiduciary”) during the administration of a loved one’s estate can add to the stress of an already overwhelming process. Fortunately, Connecticut law provides a clear framework to transition between fiduciaries and ensure the estate progresses in a timely manner. Understanding the Roles: Executor vs. Administrator An […]
Partners Michael Clear and Erin Nicholls‘ article, “Estate Planning for Founders: A Roadmap for Success,” was recently featured on Reuters.com. As entrepreneurs focus on building their businesses, it’s crucial not to overlook personal estate planning to ensure a smooth transition and protect their legacy. The article emphasizes the importance of establishing a solid foundation with […]