Publications
On March 28, 2017, the Centers for Medicare and Medicaid Services (“CMS”) announced that effective June 1, 2017, all disclosures made pursuant to Self-Referral Disclosure Protocol (“SRDP”) must use new Form CMS-10328 available here. What is the SRDP? The SRDP was first established by CMS in 2010 in response to the Affordable Care Act’s provision […]
Breaking news: The new Connecticut state budget, signed yesterday by Governor Malloy, increases the individual exemption from Connecticut estate and gift tax from its current level of $2,000,000 up to $2,600,000 in 2018, to $3,600,000 in 2019 and to match the federal estate and gift tax exemption in 2020. Currently, the federal estate and gift […]
Major tax reform has been a hot topic lately as both the House of Representatives and the Senate have passed tax bills that propose significant changes to the current income and transfer tax systems. In this 2017 Year-End Advisory, we outline changes to the transfer tax system set to take place in 2018 under existing […]
The legal cannabis industry is expected to sustain high rates of growth in the coming years. But the industry faces legal and organizational challenges due to strict federal cannabis policies. A directive from the Director of the United States Trustees earlier this year reminds cannabis businesses of the precautions they will want to take in […]
On January 5, 2018, the U.S. Department of Labor (DOL) announced that it had adopted the primary beneficiary standard used by many courts for purposes of assessing whether interns qualify as employees under the Fair Labor Standards Act (FLSA) so as to be entitled to compensation. In so doing, the DOL rejected a six-factor test […]
As data breaches continue to make national headlines, the stakes keep rising. In its second decision in Byrne v. Avery Center for Obstetrics and Gynecology, P.C., the Connecticut Supreme Court recognized a new negligence cause of action for a health care provider’s unauthorized disclosure of confidential patient information. In doing so, Connecticut joins neighboring states, […]
On November 9, 2017, the U.S. Departments of Commerce, Treasury and State took steps to implement President Trump's June 2017 National Security Presidential Memorandum Strengthening the Policy of the United States Toward Cuba (Presidential Memo) (82 Fed. Reg. 48875), which asserted goals including [e]nd[ing] economic practices that disproportionately benefit the Cuban government or its military, […]
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 […]
On April 6, 2018, the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) announced new Specially Designated National (“SDN”) and Russian Sectoral Sanctions designations for a number of individuals and entities pursuant to its authority under Ukraine/Russia-related Executive Orders 13661 and 13662, the Syria Sanctions Regulations, and the Foreign Narcotics Kingpin Designation Act. In […]
Earlier today President Trump signed H.R. 1 (formerly known as the Tax Cuts and Jobs Act, or the Tax Act), a $1.5 trillion tax cut representing the first overhaul of the United States Tax Code in more than three decades. In this Advisory, we summarize many of the significant provisions of the Tax Act that […]
In its most significant pronouncement on the patent exhaustion doctrine since Quanta v. LG Electronics, the U.S. Supreme Court reversed the Federal Circuit on the scope of both domestic and international patent exhaustion, holding that: (i) Authorized sales of a patented product exhaust patent rights despite attempts by the patent owner to place restrictions on […]
Unretained Health Care Providers May Not Be Compelled to Render Opinion Testimony Physicians, skilled nursing care providers, rehabilitation facilities, mental health providers, and other health care professionals are often confronted with a time consuming and uncomfortable situation. A patient becomes a plaintiff in a lawsuit and asks her treating provider to testify in an adversary […]
VETS-4212 REPORT The filing period for the VETS-4212 is currently open. Federal contractors and subcontractors with a contract valued at $150,000 or more are required to submit this annual report no later than September 30, 2017. Covered contractors must report the number of employees and new hires who are protected veterans. The definition of protected […]
Connecticut Governor Dannel Malloy recently signed into law An Act Concerning Pregnant Women in the Workplace (the Act) as an amendment to the Connecticut Fair Employment Practices Act.Effective October 1, 2017, the Act expands protections for pregnant employees and job applicants, including a reasonable accommodation requirement. Discriminatory Practices While federal and state human rights laws […]
Employers doing business with freelance workers working in New York City, take note: a New York City law called the Freelance Isn't Free Act (the Act), which goes into effect on May 15, 2017, provides new protections for freelance workers. Under the Act, a freelance worker is defined broadly as any person, whether or not […]
Chicago has rolled up the welcome mat for pharmaceutical companies and their field representatives. Come July 1, 2017, the Second City essentially will ban pharmaceutical representatives from marketing or promoting any prescription drug within Chicago's city limits. Passed in November, 2016, Chicago municipal code § 4-6-310 imposes licensing and other requirements on pharmaceutical representatives who […]
In Ruff v. Yale-New Haven Hospital, No. AC 37749 (officially released May 2, 2017), the Connecticut Appellate Court unanimously affirmed the trial court's preclusion of a nursing expert who lacked active involvement in the practice or teaching of [nursing] within the five-year period before the incident giving rise to the claim. The Ruff decision gives […]
To date, there have been multiple immigration updates and Executive Orders issued by the new administration impacting immigration practices by the Department of Homeland Security (“DHS”), the Department of Justice (“DOJ”), the Department of Labor (“DOL”), and the Department of State (“DOS”). In an effort to provide the most relevant information for educational institutions, faculty/staff, […]
To date, there have been multiple immigration updates and Executive Orders issued by the new administration impacting immigration case processing and practices by the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Department of Labor (DOL), and the Department of State (DOS). In an effort to provide the most relevant information for […]
We are pleased to share this latest issue of the Wiggin and Dana Insurance Practice Group Newsletter. We circulate this newsletter by e-mail periodically to bring to the attention of our colleagues in the insurance industry reports on recent developments, cases and legislative/regulatory actions of interest, and happenings at Wiggin and Dana. We welcome your […]
Each year, Wiggin and Dana, LLP and LeadingAge Connecticut collaborate to produce a comprehensive summary of new Connecticut laws affecting providers of services for the elderly. This year’s Summary reports on legislation affecting nursing homes, residential care homes, assisted living communities, home health care agencies, and senior housing. Topics include requirements governing nursing home admission […]
We previously wrote about the Supreme Court's decision to hear a case that would likely clarify the scope of the personal benefit prong of insider trading law – Insider Trading Showdown: Personal Benefit to be Tested at the U.S. Supreme Court, American Bar Association White Collar Crime Newsletter (Spring 2016). On December 6, 2016, the […]
Troubled by the effect of inaccurate or unfair negative online reviews of their businesses, some companies have inserted anti-disparagement clauses into their consumer-facing contracts. From the start, these clauses have faced legal hurdles because of their ability to prevent consumers from posting accurate, yet unflattering customer reviews. For example, over the past few years, courts […]
Recent OFAC Amendments Make Significant Changes to Sudanese Sanctions Regulations, Expand General Licenses for Agricultural Commodities, Medicine and Medical Devices under the Iran Transactions and Sanctions Regulations, and Clarify Definition of Goods of Iranian Origin and Iranian-Origin Goods The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has been keeping busy during its […]
The self-identification form government contractors have been using to gather information from employees and applicants pertaining to their disability status has been approved by OMB (Office of Management and Budget) for another three years. The form now expires on January 31, 2020. We have copied the OFCCP's announcement below. No changes were made to the […]
On March 1, 2017, the Securities and Exchange Commission (SEC) adopted final rules requiring registration statements and periodic and current reports be submitted in HyperText Markup Language (HTML) format, and include a hyperlink to exhibits in such filings. The final rules adopted by the SEC will put an end to the time consuming process of […]
In a case sure to have immediate and profound impact on patent litigation in the United States, the Supreme Court today in TC Heartland LLC v. Kraft Food Brands Grp. LLC, 581 U.S. __ (May 22, 2017) redefined the standard for where defendants can be sued under the patent venue statute, 35 U.S.C. § 1400(b). […]
In two recent cases the Second Circuit issued published opinions that speak to a pair of workplace issues that have proved divisive and vexing: independent contractor classifications and the scope of protected activity under the National Labor Relations Act (NLRA). The first case was brought by black car drivers who claimed they should have been […]
The Connecticut General Assembly recently took a significant step to protect colleges and universities from bankruptcy trustees who have recently tried to force schools to return pre-bankruptcy tuition payments that parents made on behalf of their children. Public Act 17-50, An Act Revising the Uniform Fraudulent Transfer Act, will take effect October 1, 2017. Background. […]
Wiggin and Dana attorneys Aaron Bayer and Benjamin Daniels recently filed an amicus brief in the U.S. Court of Appeals for the First Circuit on behalf of the American Council on Education, as well as a number of other national associations of colleges, universities and other representatives and supporters of higher education in the United […]