Publications
Wiggin and Dana’s Insurance Practice Group has published a recent Insurance Update. We are pleased to offer these periodic updates, with summaries of recent cases and legislation or regulations of interest, as well as the Group’s recent activity. To view our newsletter, please click the PDF link below.
On March 28, 2019, the DOL proposed a rule designed to clarify and update the definition of the “regular rate” under Section 7(e) of the Fair Labor Standards Act (FLSA). The current rules have not been updated in decades, and have been the source of some confusion, so employers should welcome this development. Absent an […]
Compliance with the myriad Occupational Health and Safety Administration (OSHA) requirements applicable to specific industries and activities continues to present challenges to business of all sizes. As an OSHA-regulated entity, this is no news flash. OSHA inspections are, unfortunately for many regulated industries, an inevitability – as is the follow-up enforcement activity, including the issuance […]
Greetings, Court Fans! The Nine have managed to outpace us over the last two weeks, but now that they’re on April Break, it’s time for us to catch up. In this installment, we’ll cover Nielsen v. Preap (No. 16-1363), on discretionary bond for certain “criminal aliens”; Obduskey v. McCarthy & Holthus LP (No. 17-1307), on […]
Wiggin and Dana Partner, Jody Erdfarb, authored, Top Five Tips for Surviving a Connecticut Medicaid Audit, which appeared in the Connecticut Association of Optometrists First Quarter 2019 Newsletter. To read the full article, please click on the resource below, and visit page twenty-eight.
Wiggin and Dana partner, Tahlia Townsend, and associates, Jared Clark and Rebekeh Gulash, have co-authored, Impact of the New CFIUS Pilot Programme, which appeared in the Jan-Mar 2019 issue of Risk and Compliance Magazine. To read the full article, please click on the resource below.
Greetings, Court Fans! We’re back with the second installment of our April catch-up series, bringing you summaries of Bucklew v. Pettigrew (No. 17-8151), Biestek v. Berryhill (No. 17-1184), Lorenzo v. Securities Exchange Commission (No. 17-1077), and Sturgeon v. Frost (No. 17-949). In a term thus far characterized by unanimous and lopsided decisions, the controversial 5-4 […]
Greetings, Court Fans! One of the big narratives of OT2018 has been growing divisiveness between the Justices over the death penalty, attributable in no small part to the departure of Justice Kennedy, who regularly served as the swing vote in such cases (often, though not always, siding with the Court’s more liberal wing). While the […]
Recent cases demonstrate the role of forensic science in the authentication of fine art, particularly in combination with connoisseurship. Paintings by Botticelli and van Gogh, the authenticity and attribution of which had previously been called into question, have been authenticated with the help of X-ray imaging, pigment testing, and infrared analysis – along with analysis by […]
The following Advisory was updated on May 1, to include recent developments. Introduction “[G]lobal banks and insurance companies continue to unwittingly facilitate payments and provide coverage for vessels involved [in sanctions evasion]” and their “due diligence efforts fall extremely short.” (UN Panel of Experts) “OFAC will aggressively target for designation any person who provides support […]
Wiggin and Dana attorneys, Tim Diemand and Robyn Gallagher, have written Chapter 11 titled Limits Issues in the Second Edition of The Handbook on Additional Insureds. This chapter begins, Imagine the frustration faced by an additional insured who convinces an insurer that a loss should be covered only to discover that there is little to no […]
Greetings, Court Fans! The Court is between sittings, so we’ve got no new opinions to report, but there was some significant action on the orders front last night, concerning three of the more divisive issues to come before the Court—abortion, the death penalty, and religion. On the abortion front, in June Medical Services v. Gee […]
Wiggin and Dana Partner, Jody Erdfarb, is a contributing author of the American Health Lawyers Association’s (AHLA) Health Information and Technology Practice Group Briefing titled Connected Devices in Health Care. According to the AHLA, this Briefing, is an in-depth exploration of the use of connected devices in health care, a rapidly changing area of technology. […]
Wiggin and Dana Partner, Jody Erdfarb, is a contributing author of the American Health Lawyers Association's (AHLA) PG Briefing titled Innovative Tech: A Health Law Resource Bundle. According to the AHLA, this Briefing will help readers, better understand a rapidly changing area of technology, and serve as a springboard for contributing to the use of connected devices […]
Greetings, Court Fans! It’s been a busy week at One First Street, with three opinions, a notable concurrence in a cert denial, and a pair of consequential cert grants. Let’s get you caught up to speed. The big decision of the week was Timbs v. Indiana (No. 17-091), in which a unanimous Court held that […]
Is malware war? Are losses arising from malware excluded from your property insurance policy? These are questions businesses should consider. There are, of course, policies specifically written to cover cyber breaches and other data security incidents. But, these types of policies are, indeed, different from property policies. Even if both types of policies contain similarly named/titled […]
Greetings, Court Fans! We’ve got a lot to cover this week, with five new opinions on subjects ranging from capital punishment to foreign sovereign immunity to aphrodisiacs. Okay, aphrodisiacs may not strictly have been the subject of Nutraceutical Corp. v. Lambert (No. 17-1094), but they did provide the factual background for the Court to decide […]
We are pleased to share with you Wiggin and Dana's Recent Developments in Intellectual Property Law Newsletter. We provide you with a review of the latest updates in the area of intellectual property, including reports on recent developments, cases and legislative/regulatory actions of interest. We welcome your comments and questions. To view our newsletter, please […]
Wiggin and Dana Partner, Angela Robinson, has authored the book titled The Story of Three First Black Women Judges in the Unites States: Judges Bolin, Stout and Motley. Scant literary attention has been paid to the under-rated contributions of Black Women to the American Judiciary. The First Black Women Judges recounts three of these stories. Judge Jane […]
The U.S. Environmental Protection Agency (EPA) has finalized regulations, effective August 21, 2019, applicable to the generation, management, storage, treatment, and disposal of hazardous waste pharmaceuticals under the Resource Conservation and Recovery Act (RCRA). The long-awaited regulations will affect what EPA defines as a “healthcare facility”, which term includes, among other facilities, hospitals, nursing and […]
Both chambers of the Connecticut legislature have been busy working on employment-related initiatives since our last Labor, Employment and Benefits client briefing on January 31, 2019. Many of the subjects we anticipated being hot topics for 2019 have in fact been the focus of legislative developments on the state level. We have flagged some key […]
On March 7, 2019, the U.S. Department of Labor announced its much anticipated proposal to increase the salary threshold required in order to qualify for one of the so-called “white collar exemptions” from the Fair Labor Standard Act’s overtime requirements. The proposed rule would raise the salary threshold by about 50%, from $23,660 per year […]
Greetings, Court Fans! OT18 has been marked by its unanimity, with 13 out or 18 decisions so far coming down without dissent. This week, we can add two more to that tally, but we’ll begin with the split decision. On its surface, BNSF Railway v. Loos (No. 17-1042) raised an answered an extremely narrow and […]
A recent enforcement action by the Department of State for alleged violations of the International Traffic in Arms Regulations (ITAR) yields important lessons for exporters with respect to the necessity of appointing qualified export compliance personnel and the value in immediately submitting voluntary disclosures of export violations upon their discovery. In February 2019, Darling Industries, Inc. […]
The Connecticut Supreme Court issued a ruling yesterday in Soto v. Bushmaster Firearms International, et al. that may greatly expand the reach of Connecticut’s principal consumer protection and business litigation statute, the Connecticut Unfair Trade Practices Act (“CUTPA”), to include business conduct not previously generally understood to be subject to CUTPA. CUTPA is Connecticut’s version of […]
The Connecticut gift and estate tax exemptions will continue to rise over the next several years and are now set to match the federal exemption amount by 2023. This news comes with the publication of the 2019 Connecticut General Statutes, which resolved a conflict in two separate bills that the Connecticut General Assembly passed in […]
Estate planning and wealth transfer techniques are impacted by economic drivers, including prevailing interest rates. Certain strategies are most effective in lower interest rate environments, like the one we are in now, while other strategies fare better when interest rates are higher. Outlined below are strategies you may wish to take advantage of now—while rates […]
Wiggin and Dana is excited to have published an informative article series titled “Legal Issues for High-Growth Technology Companies” in The National Law Review. Wiggin and Dana attorneys have a deep understanding of the many issues facing emerging growth companies. We offer invaluable perspective and deliver enhanced, one-stop services to our clients by leveraging our deep network and […]
Greetings, Court Fans! While the political branches seized center stage this election week, there has been plenty going on over at The Least Dangerous Branch, as well. Justice Ginsburg might disagree with Bickel’s assessment of the perils of One First Street, having broken three ribs in a fall at work on Wednesday evening. Thankfully, the […]
Earlier this year, changes became effective to the ERISA claims procedures affecting disability benefit claims. Most employers have addressed the impact that these changes had on their long-term disability plans. But some employers have yet to focus on how these changes may affect the administration of their defined benefit pension plans and other tax-qualified retirement […]