Publications
On July 25, 2017, in its Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934: The DAO (/wp-content/uploads/2018/07/34-81207.pdf), the Securities and Exchange Commission (SEC) concluded that the virtual currency “tokens” sold by The DAO, a distributed ledger/blockchain-enabled organization, are “securities” and therefore subject to regulation under the federal securities laws. […]
Yesterday, the Connecticut Supreme Court issued opinions in the two related cases known as Ferri, which lie squarely at the intersection of matrimonial law and estate planning. Although the Court focused on the narrow issue of trust decanting, Ferri appears to present a surprising planning opportunity and may have considerably broader implications for matrimonial and […]
The Federal Trade Commission (FTC) announced this week its settlement with Uber Technologies, Inc. (Uber) related to certain alleged deceptive data security practices at Uber. The settlement continues the FTC's now years-long focus on alleged deceptive and unfair data security practices. The FTC's essential allegations in its complaint were that Uber had engaged in deceptive […]
On November 1, 2017, Massachusetts joined a minority of jurisdictions to rely on a strict construction focused on solely the language of other insurance clauses when determining priority of coverage between a true excess policy and a primary policy that is excess under certain circumstances. In Great Divide Insurance Company v. Lexington Insurance Company, SJC-12164 […]
Federal contractors and those businesses considering entering into federal contracts will want to be aware of a recent Executive Order that may have significant implications on their ability to contract with the federal government or be a subcontractor on a federal contract. On August 25, 2016 the Department of Labor (DOL) guidance and the Federal […]
On June 16, 2016, The Philadelphia City Council voted to approve a so-called soda tax making Philadelphia the first major city poised to implement such a tax.[1] Despite the simple sounding nickname for the new tax, it now appears that the tax could, in practice, have a much broader impact in application than adding to […]
In PHH Corporation v. Consumer Financial Protection Bureau, no. 15-1177 (D.C. Cir. Oct. 11, 2016), the Court of Appeals for the D.C. Circuit recently held that the organizational structure of the Consumer Financial Protection Bureau (CFPB) is unconstitutional. The appellate court concluded that the CFPB's structure—as an independent agency with a single director—did not contain […]
The EEOC has revised its EEO-1 form to include information on summary pay data. Covered employers will now be required to submit summary compensation data categorized by gender, race, and ethnicity. The EEOC’s stated rationale for the change is that it will be better able to discern pay patterns for an employer or industry in […]
I. INTRODUCTION “Corporate governance” refers to the system of laws, documents, policies, and procedures that define how the board of directors of a corporation should oversee its affairs as well as to the manner in which board actually performs its functions and discharges its duties. In today’s environment, the governance of a nonprofit corporation is […]
In a unanimous decision, the U.S. Supreme Court today overturned a $400 million jury award to Apple for Samsung’s infringement of certain Apple design patents relating to smartphones (Samsung Electronics Co. Ltd. et al. v. Apple Inc., slip op. No. 15-777). This Supreme Court decision is significant because it addresses the proper measure of damages […]
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 […]
As the year draws to a close, we have entered a period of great uncertainty in estate and tax planning. President-elect Donald Trump has identified tax reform as a priority of his new administration and, with Republican control of Congress, many commentators believe we are poised for drastic changes to the transfer tax regime. In […]
As calendar year 2016 draws to a close, we are once again reminded that employment laws are constantly changing—except, of course, for the one change employers were expecting most, which is where our 2016 employment law year-in-review begins. FLSA Overtime Regulations Stuck on Hold The biggest surprise of 2016, hands down, was an eleventh-hour ruling […]
The regulatory environment for cybersecurity is rapidly changing, and state legislatures are not waiting for Congress to act. On December 28, 2016, the New York State Department of Financial Services (NYDFS) revised a proposed rule that imposes new cybersecurity requirements on individuals and entities operating under the New York banking law, insurance law, or financial […]
In a surprising — many would say shocking — development, yesterday Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a nationwide injunction barring implementation of the U.S. Department of Labor’s new rules narrowing the scope of the Fair Labor Standards Act’s minimum wage and overtime pay exemptions for […]
Last year was an active year in intellectual property law. There were many notable developments in 2016 by a busy United States Supreme Court and the Federal Circuit. The Supreme Court and Federal Circuit issued key rulings involving patent damages, patent eligibility, venue, laches, claim construction, extraterritoriality, attorneys’ fees, the nominative fair use doctrine, and […]
Given the recently issued Executive Orders from the new administration and various changes being implemented by the Department of Homeland Security (DHS) and the Department of State (DOS), and in efforts to provide the most accurate and updated information, Wiggin and Dana’s Immigration and Nationality Law and Compliance Practice Group will be distributing a series […]
The estate tax, also referred to as the death tax, is a tax on the property you own at the time of your death. Currently, there is a federal estate tax exemption of $5,490,000 per person, up from $5,450,000, in 2016. This means that married couples can shield $10,980,000 from this tax. Federal estate tax […]
In addition to its franchise litigation practice, the Wiggin and Dana Franchise and Distribution Practice Group regularly assists clients with regulatory and transactional matters, including the creation of franchise programs, updating and amending franchise agreements and related documents and offering circulars, filing first time franchise registration applications and renewals and responding to regulators’ comments, reviewing […]
The Philadelphia Beverage Tax – or the so-called “Soda Tax” – took effect on January 1, 2017. As a result, the City of Philadelphia now imposes a 1.5 cents per ounce tax on the supply of “sweetened beverages.” The tax has broad applicability, and includes all sweetened beverages containing either caloric sugar-based sweeteners or no-calorie […]
On February 22, 2017, in a 7-0 decision (with Chief Justice Roberts taking no part) the Supreme Court unanimously held in Life Technologies Corp. v. Promega Corp. that shipping a single component of a patented invention to be combined with other components overseas is not infringement under Section 271(f)(1). Thus, the Court concluded that the […]
We are pleased to share this latest issues of Wiggin and Dana's BioInsights Newsletter. We periodically circulate this newsletter by e-mail to bring to the attention of our colleagues in the life sciences industry reports on recent developments, cases and legislative/regulatory actions of interest, and clients in the news. To view our newsletter, please click […]
On March 21, 2017, in SCA Hygiene Products Aktiebolah Et al. v. First Quality Baby Products, LLC, Et al. (Case No. 16-927), the U.S. Supreme Court eliminated laches — an equitable doctrine barring suits after unreasonable delays — as a defense in patent cases. Factual Background In 2003, Plaintiff SCA notified Defendant First Quality that […]
In a welcome development for Connecticut companies that routinely rely on consultants, the Connecticut Supreme Court ruled in Southwest Appraisal Group LLC v. Administrator, Unemployment Compensation Act that individuals can still be properly classified as independent contractors even if they work exclusively for one entity. The decision was released on March 21, 2017. Southwest Appraisal […]
In May, 2016, the Equal Employment Opportunity Commission (“EEOC”) published final rules outlining how employer sponsored wellness programs can comply with the Americans with Disabilities Act (“ADA”), the Genetic Information Nondiscrimination Act (“GINA”), and the Health Insurance Portability and Accountability Act (“HIPAA”), as amended by the Affordable Care Act (“ACA”). The rules were published in […]
Beginning in 2018, private-sector employers in Connecticut that do not offer their employees a retirement savings plan (i.e.,401(k) or other payroll deduction retirement options) will be required to automatically enroll their employees in a newly-established State retirement savings program. Employees may elect to opt-out during the enrollment period. Those employers that are not subject to […]
On June 8, 2016, the SEC announced that Morgan Stanley Smith Barney LLC (“MSSB”) has agreed to pay a $1 million penalty to settle an enforcement action. The enforcement action is based on the charge that MSSB failed to adopt written policies and procedures reasonably designed to protect customer data in violation of Rule 30(a) […]
Companies disclosing proprietary compound information must take steps to protect their interest in such information. Equally important, but often overlooked, companies receiving another party’s proprietary information also need to take steps to avoid being contaminated by such information. Merck learned that lesson the hard way in its patent litigation with Gilead. Merck was awarded a […]
The United Kingdom (UK) voted June 23, 2016 to exit the European Union (EU). While the full impact of the vote will not be known for some time, we are circulating our initial impression how the “Brexit” could impact our clients’ intellectual property (IP) in Europe. For the immediate future, the answer is Brexit will […]
On May 18, 2016, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a Final Rule implementing Section 1557 of the Affordable Care Act (“ACA”), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities.[1] The purpose […]