Publications

Greetings, Court fans! We owe you a few more summaries before the Court comes back Monday with yet more decisions, so let’s get right to it. In Schriro v. Landrigan (05-1575), a 5-4 Court reversed a Ninth Circuit habeas ruling (surprise!). Landrigan, while serving time for multiple violent crimes, escaped and killed another man. At […]

Greetings, Court fans! The first Supreme Court battle over the 2004 election has officially come and gone in Spencer v. Pugh, 04A360, and Summit County Democratic Central & Executive Committee, 04A364, and for all practical purposes it has gone the Republicans’ way. As the Ohioans in the audience are surely tired of hearing, Ohio is […]

Greetings Court fans! Finally, I’m back! Thanks for your patience. We have a lot of ground to cover — 6 decisions and 2 order lists — so I’ll split it up into a couple emails to reduce your reading load. The opinions covered in this email all deal, in one way or another, with sex […]

Since 2012, Connecticut has permitted patients with certain medical conditions to use and possess medical marijuana to treat those conditions. The U.S. District Court for the District of Connecticut held this month that federal law does not preempt the provisions of Connecticut's Palliative Use of Marijuana Act (PUMA) prohibiting employers from firing or refusing to […]

On August 24, 2017 President Trump issued Executive Order 13808 imposing additional sanctions against the Government of Venezuela for human rights abuses, a deepening humanitarian crisis, an attempt to usurp the democratically elected National Assembly, and ongoing repression of political opposition. This comes on the heels of several recent additions by the Department of Treasury, […]

On August 29th, the Office of Management and Budget (OMB) announced that it is initiating a review and immediate stay of the pay data collection portion of the most recently revised EEO-1 form. What does this mean for employers and federal contractors who are obligated to submit an EEO-1? Employers will report on race, ethnicity […]

On September 7, 2017, Secretary of Education, Betsy DeVos announced a marked policy shift in how the Department of Education will approach Title IX enforcement with regard to sexual misconduct. DeVos indicated that the Department plans to withdraw the controversial Dear Colleague Letters issued during the Obama administration. Instead, the Department will issue formal regulations […]

In February 2017, the Fraud Section of the United States Department of Justice (DOJ) released new guidance, entitled Evaluation of Corporate Compliance Programs, on how it evaluates corporate compliance programs in the context of a criminal investigation. For many years, the DOJ, as well as other federal and state agencies, have emphasized the importance of […]

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, home health care agencies and senior housing. Topics include: state-wide implementation of the use of medical orders […]

On September 21, 2017, President Donald Trump issued Executive Order 13810 (E.O. 13810 or the Order). The Order follows the recent Countering America’s Adversaries through Sanctions Act (CAATSA), which directed the imposition of additional sanctions in connection with Iran, Russia and North Korea. The Order is particularly significant because it authorizes imposition of secondary sanctions […]

The United States Patent and Trademark Office (USPTO) announced a new fee schedule for the upcoming year. This new fee schedule will take effect on January 16, 2018. Any fees paid on or after this date will be subject to the new rates regardless of when the fee was incurred. The new fee schedule, which […]

Wiggin and Dana’s Intellectual Property Practice Group is proud to bring you some exciting updates and information on what’s been happening. To view the slideshow, please click the image below.

At this time, we do not know the duration of the United States Government shutdown due to the current budget impasse. In fact, the Government may be up and running by the time you receive this Advisory. In the event the shutdown continues, the United States Patent and Trademark Office has advised that it has […]

On August 2, 2017, the President signed into law the Countering America’s Adversaries Through Sanctions Act (CAATSA). The President subsequently delegated certain functions and authorities under CAATSA to the Secretary of State and others to Treasury. Although CAATSA included new sanctions on Iran, Russia, and North Korea, the Russia provisions are particularly wide-ranging and complex. […]

In an important development for colleges and universities throughout the United States, a federal district court judge on February 1, 2018 certified a class of medical school faculty members in an antitrust suit against Duke University and the University of North Carolina. The class action suit alleges that Duke and UNC had an agreement not […]

Earlier this month, the Superior Court for the Judicial District of Hartford issued a Decision that, although arguably unique on its extreme facts and findings, contains a broader strategic point about bringing actions to remove trustees in Connecticut. Most notably, it highlights subtle distinctions in the powers of the different Connecticut courts and suggests tactical […]

This afternoon, President Trump announced the U.S. withdrawal from the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal) which involved an agreement between Iran, the United States, Russia, China, France, Britain and Germany to ensure a peaceful Iranian nuclear program. President Trump previously voiced his criticisms of the Iran Nuclear Deal on numerous […]

Connecticut is about to join a growing number of states and localities that have prohibited employers from inquiring about an applicant's pay history during the hiring process. On May 4, the General Assembly approved a bill barring employers from asking, or directing a third party to ask about a prospective employee's wage and salary history. […]

On May 17, 2018, the U.S. Bureau of Industry and Security (BIS) updated the Export Administration Regulations (EAR) Unverified List (UVL), adding thirty-three entities and adding a new address for one individual currently on the list. The newly listed entities, which are listed below, include aircraft manufacturers, electronics manufacturers, universities, and logistics companies located in […]

In the 11th Circuit's highly anticipated decision in LabMD, Inc., v. FTC, the court declined to reach the most contentious issue in the case: the scope of the Federal Trade Commission's (FTC) authority to regulate data privacy and security practices as an unfair act or practice under Section 5(n) of the FTC Act absent evidence […]

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 […]

Though the words are often used interchangeably in casual conversation, domicile and residence are two distinct legal concepts. Your domicile is the place you intend to make your home. You may be a resident of more than one state, but you are domiciled in only one state. Domicile is determined by a number of factors, […]

Ownership of property in multiple states can raise many estate planning issues. Whether you own property directly or through an entity (such as a trust or corporation) may have a dramatic impact on the settlement of your estate and the taxes due. Fortunately, there are numerous ways to structure ownership of property. Which way is […]

On October 13, 2017, the United States Department of Justice (DOJ) announced a $448,821.58 settlement with First Coast Cardiovascular Institute, PA (First Coast), a Florida provider of clinical and laboratory services, to resolve allegations that First Coast unlawfully retained $175,000 in overpayments. This settlement sends a clear message to the health care community that the […]