Publications
The Financial Crimes Enforcement Network (FinCEN) has adopted an interim final rule that significantly narrows the scope of beneficial ownership information (BOI) filing requirements. The interim final rule (i) removes the requirement for U.S. companies and U.S. persons to report BOI, and (ii) revises the definition of “reporting company” to mean only those entities that […]
Navigating the complexities of estate tax can be challenging, especially when determining the domicile of a taxpayer with residences in multiple states. In the recent Connecticut Superior Court case, Daniels v. Commissioner, the court faced the intricate task of establishing the domicile of a wealthy individual who divided his time between Connecticut, Florida, and Arizona. This […]
Income and losses generated within a trust must be reported, but the entity or person required to report such income or losses depends on what kind of trust it is. If a trust is a “grantor trust,” the grantor (i.e. the person who funded the trust) is responsible for the reporting and payment of tax. […]
When a veteran seeks disability benefits, federal law provides that ties go to the applicant. But if the Veterans Administration decides it’s not a tie—that is, the preponderance of the evidence comes out against the veteran—then it has no occasion to apply this tiebreaking rule. That leads to a question only an appellate lawyer would […]
The federal Lanham Act provides that a plaintiff who prevails in a trademark infringement suit is sometimes entitled to recover the “defendant’s profits” derived from the infringement. But does the “defendant’s profits” look only to the named defendant, or can it consider the profits of separately incorporated affiliates that were not parties to the lawsuit? […]
In Glossip v. Oklahoma (No. 22-7466), the Supreme Court ordered a new trial for Petitioner Richard Glossip, an inmate on Oklahoma’s death row for over twenty years who has steadfastly maintained his innocence. By a vote of 5-3 (with Justice Gorsuch not taking part in the case), the Court concluded that Glossip’s conviction violated Napue […]
In Wisconsin Bell, Inc. v. United States, ex rel. Heath (No. 23-1127), the Supreme Court addressed whether the Government “provide[s]” money to a program that subsidizes telecommunications services for schools and libraries through a surcharge imposed on telecom carriers, meaning that a telecom company’s allegedly inflated claim for these subsidies is potentially subject to liability […]
In Waetzig v. Halliburton Energy Services, Inc., (No. 23-971), the Supreme Court finally settled a question lawyers have been debating from time immemorial: Is a plaintiff’s voluntary dismissal of a complaint without prejudice under Federal Rule of Civil Procedure 41(a) a “final proceeding” for purposes of a Rule 60(b) motion to reopen the suit? A […]
In Lackey v. Stinnie (No. 23-621), the Supreme Court addressed a question that had divided the circuits: If a plaintiff sues under Section 1983 and obtains a preliminary injunction, but subsequent events moot the suit before the district court can make that temporary relief permanent, is the plaintiff a “prevailing party” entitled to attorney’s fees […]
FinCEN announced on February 27 that it will not enforce the current reporting deadline of March 21 under the Corporate Transparency Act (CTA). FinCEN will not issue any fines or penalties or take any other enforcement action against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to […]
In Republic of Hungary v. Simon (No. 23-867), the Supreme Court addressed, for the second time, whether Jewish survivors of the Hungarian Holocaust have alleged enough facts to pierce the sovereign immunity of Hungary and its state-owned railway. And just as it did the last time, a unanimous Court concluded that the plaintiffs hadn’t done […]
As Wiggin and Dana looks forward to another year of growth, we remain dedicated to delivering timely, cost-effective, and insightful legal guidance to our diverse client base. Attached is our Mergers and Acquisitions practice group’s year-end report. We trust you’ll find it both intriguing and a testament to our expertise as we look forward to […]
A federal district court judge in Texas signed an order on February 17 lifting the last remaining nationwide injunction blocking beneficial ownership information (BOI) reporting under the Corporate Transparency Act (CTA). The Financial Crimes Enforcement Network (FinCEN) enforces BOI requirements and has promised a 30-day filing delay to allow reporting companies to comply. On February […]
The potential for antitrust challenges brought by the Federal Trade Commission (“FTC”) or the United States Department of Justice (“DOJ”) is well known among deal-making parties. However, parties should also keep in mind two lesser-known antitrust issues when seeking to complete their merger: (1) the potential for private merger challenges; and (2) the increased likelihood […]
Many individuals are honored when asked to serve on a philanthropic non-profit board of directors. Serving as a board member can be a rewarding experience, but it also comes with significant responsibilities. This article guides you through the essential steps and considerations before committing to this important role. What Does Membership Mean? Members of a […]
Well, that was fast. In the blink of an eye last week, TikTok—the social-media platform used by over 170 million Americans but owned by a foreign company with connections to the Chinese government—went dark in the United States. This followed the Supreme Court’s per curiam decision in TikTok v. Garland (No. 24-565), upholding the “Protecting […]
Partner Jolie Apicella authored the article titled, “Challenges to 340B and States’ Laws Will Impact the Future Scope of the Law” for the January/February issue of the Journal of Health Care Compliance, Volume 27, Number 1. Jolie reviews and assesses the impact of recent 340B Drug Discount Program litigation. To read the full article, click […]
In Royal Canin U.S.A., Inc. v. Wullschleger (No. 23-677), the Supreme Court resolved a jurisdictional dog fight over dog food. If a plaintiff files a complaint containing state- and federal-law claims, the complaint can ordinarily be removed to federal court, and that court will have jurisdiction to resolve all the claims. But what happens if, […]
In E.M.D. Sales, Inc. v. Carrera (No 23-217), the Supreme Court addressed a circuit split as to the evidentiary standard that applies when an employer argues that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (“FLSA”). A unanimous Court agreed with the majority of lower courts that this issue […]
Navigating the tax landscape during estate administration is like solving a complex puzzle with each piece representing opportunity and risk. One challenge is determining where key expenses can be deducted – on the estate tax return (Form 706) and/or the estate’s income tax return (Form 1041). Making this decision impacts the estate’s overall tax liability […]
The Federal Trade Commission (“FTC”) has announced its narrowed “Junk Fee” Rule that targets pricing practices in the short-term lodging and live-event ticketing industries.[1] The Rule results from the FTC’s efforts over the past year to ban so-called “bait-and-switch” pricing tactics to ensure that, “consumers searching for hotels or vacation rentals or seats at a […]
Wiggin and Dana is excited to share our 2024 Year in Review. It was a year of advancement and success, and we hope you enjoy reading what’s inside. Click to read now. For more information, please contact our Marketing Department.
In a dramatic turn of events, a Fifth Circuit panel has reinstated the nationwide injunction blocking enforcement of the Corporate Transparency Act (the “CTA”) just three days after a separate panel of the Fifth Circuit had lifted it. Thus, for now, reporting companies once again are not required to submit Beneficial Ownership Information Reports by […]
On December 22, the Fall 2024 issue of the Franchise Law Journal, Volume 43 Number 4, was published by the American Bar Association Forum of Franchising. This issue is Litigation Partner John Doroghazi’s final issue as Editor-in-Chief of the publication. In his final editorial, John showed appreciation to the readers, discussed the importance of the Journal to the […]
On April 26, 2024, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) published new HIPAA regulations regarding protection of reproductive health care information. The new regulations became effective on June 25, 2024, but covered entities and business associates were provided until December 23, 2024, to comply, with the […]
The nationwide injunction enjoining the Corporate Transparency Act (the “CTA”) was lifted by order of the United States Court of Appeals for the Fifth Circuit on December 23, 2024. This ruling notably impacts reporting companies subject to the CTA that were formed prior to 2024 and which were facing a January 1, 2025 deadline to […]
A few months ago, securities litigators viewed OT24 with excitement: The Court had granted cert in not one, but two cases addressing when a complaint adequately alleged securities fraud under the Private Securities Litigation Reform Act. No more: A few weeks ago, the Court took back the first of those grants, dismissing Facebook, Inc. v. […]
This week saw the first “real” decision of the term (that is, an opinion in an argued case), a unanimous affirmance in Bouarfa v. Mayorkas (No. 23-583), holding that federal courts lack jurisdiction to review the discretionary decision of U.S. Citizenship and Immigration Services (USCIS) to revoke an approved visa petition based on a so-called […]
As the new year approaches, we present our annual year-end advisory for 2024. This edition highlights noteworthy estate and gift tax changes and outlines planning opportunities for year-end and beyond. We also take a moment to recognize some of our accomplishments in 2024 and provide our outlook for the new year. 2025 ESTATE, GIFT, AND […]
Enforcement of the Corporate Transparency Act (the “CTA”) and its implementing regulations (referred to herein as the “Reporting Rule”) – which require certain business entities formed or registered to do business in the United States (referred to herein as “reporting companies”) to report beneficial ownership information to the Treasury Department – was preliminarily blocked nationwide […]