Publications
Enhanced Damages – Halo In June 2016, the U.S. Supreme Court handed down a decision in Halo Electronics v. Pulse Electronics (14-1513), in which it addressed the Federal Circuit’s test for determining whether enhanced damages should be awarded for patent infringement under 25 U.S.C. § 284. The Court held that judges have broad discretion to […]
By now, nearly everyone in higher education knows that the U.S. Supreme Court upheld the University of Texas’s race-conscious admissions policy, turning back an effort to derail affirmative action. But the Court’s ruling in Fisher v. University of Texas, was narrowly focused on the unique aspects of the program it was reviewing, and opens the […]
As the most recent legislative session came to an end, Governor Malloy signed into law several bills passed by the General Assembly that are of significance to Connecticut employers: Connecticut has become the most recent state to join the “Ban the Box” movement. Effective January 1, 2017, Public Act 16-83 prohibits Connecticut employers with at […]
INTRODUCTION The concept of “portability” in estate planning is the most substantial change to the estate planning landscape for married couples in recent memory. Introduced as a temporary feature by the 2010 Tax Relief Act, portability became permanent under the Taxpayer Relief Act of 2012. The IRS did not issue the final regulations governing portability […]
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 […]
In a significant recent decision, the Second Circuit made it easier for college students punished for sexual assault to bring reverse discrimination claims under Title IX. In Doe v. Columbia University, 2016 WL 4056034 (July 29, 2016), the court reinstated a male student’s lawsuit against Columbia University related to its handling of a sexual assault […]
A scandal in America’s Pastime has culminated with a baseball executive, Christopher Correa, pleading guilty on January 8, 2016 to violating the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, et seq. The guilty plea brings some resolution to the news reports that broke in the summer of 2015 accusing the St. Louis […]
On April 5, 2016, Assistant Attorney General Leslie Caldwell announced that the U.S. Department of Justice (DoJ) was instituting a new, one-year Foreign Corrupt Practices Act (FCPA) enforcement pilot program. A company in total compliance with the pilot program requirements is eligible for a 50% reduction in the amount of the fine otherwise called for […]
In Cefaratti v. Aranow, No. SC 19443 (June 14, 2016), the Connecticut Supreme Court resolved a dispute among lower Connecticut courts and recognized tort liability for the acts of an apparent agent. See 321 Conn. 593. The Court spelled out the parameters for apparent agency liability in a medical malpractice case. In so doing, the […]
Proposed tax regulations issued on August 2, 2016 could eliminate or radically reduce the availability of valuation discounts in connection with the transfer of interests in closely held entities to family members. These new regulations are sometimes referred to as the “proposed Section 2704 Regulations,” after the section of the Internal Revenue Code to which […]
The United States Department of Health and Human Services Office for Civil Rights (OCR) sent a strong HIPAA enforcement message this summer, entering four resolution agreements, including the highest financial settlement to date, and announcing an initiative to investigate smaller breaches more widely. Each new resolution agreement resulted from self-reported breaches and demonstrates OCR's focus […]
In November 2014 President Obama announced a series of executive actions regarding immigration reforms, stating that the U.S. Citizenship and Immigration Services (USCIS) should make efforts with respect to modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs. This initiative was to focus on, among others, foreign investors and […]
In a decision that should be of concern to any company that engages in national marketing campaigns or distributes products nationwide, the California Supreme Court has rolled out the welcome mat to nonresident plaintiffs who want to sue nonresident defendants in mass tort cases. The case – Bristol-Myers Squibb Company v. Anderson (Cal. Sup. Ct. […]
The U.S. Supreme Court has agreed to hear a case that might clarify the scope of the “personal benefit” prong of insider trading law.[1] As we have written in the past, clarity of insider trading law could be a welcome development for prosecutors, defendants, traders and compliance professionals. The Supreme Court’s case also has the […]
Introduction As discussed in greater detail below, there were a number of notable developments in intellectual property law in 2015. Patent eligibility challenges to the validity of software, business methods, and medical diagnostic methods continued at a record pace. 2015 also saw the introduction of a new pleading standard for patent suits, which require plaintiffs […]
On December 18, 2015, the President signed into law the Cybersecurity Act of 2015 (“the Act”). The intent of the Act is to encourage more interaction between the government and the private sector, as well as within the private sector, on the sharing of cybersecurity threat information. One feature of the Act is to require […]
2016 has certainly started out to be an active year for employers. Of particular note, New York lawmakers and regulators, as well as the Equal Employment Opportunity Commission (“EEOC”), have been busy promulgating impactful new employment-related regulations. The EEOC recently released a proposal to expand reporting obligations on EEO-1 forms and guidance on the agency’s […]
The European Union (E.U.) College of Commissioners has approved an agreement between the E.U. and the United States regarding the transatlantic data flow of E.U. citizens’ personal information. Referred to as the E.U.-U.S. Privacy Shield, the new agreement replaces the prior Safe Harbor framework that had been in place for fifteen years prior to being […]
On February 12, 2016, the United States Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS) issued the long-awaited Final Rule on Reporting and Returning Overpayments. The Final Rule: 1. Explains that an overpayment has been identified when the provider or supplier has, or should have, through the exercise of reasonable […]
On December 31, 2015, the FDA released a draft policy which would alter how and, more significantly, when the public is notified of a potential risk associated with a medical device that has already been approved for the market. Historically, upon receipt of a complaint or information regarding an issue with a medical device, the […]
The U.S. Department of Labor’s Wage and Hour Division issued an Administrator’s Interpretation (“AI”) on January 20, 2016, setting forth the agency’s approach to evaluating whether putatively separate entities are joint employers under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection Act, the latter of which applies to employers […]
Since the end of 2013, an important question has loomed over the computer security industry: would the U.S. government impose strict controls on the sharing of technology and research related to cybersecurity vulnerabilities? In a letter dated March 1, 2016, Secretary of Commerce Penny Pritzker finally answered that question: no, the government would not enact […]
Wiggin and Dana successfully represented the Insurance Company of the State of Pennsylvania (ISOP) in a recent case before the Massachusetts Supreme Judicial Court affirming insurers’ rights to equitable contribution from co-insurers and rejecting the so-called selective tender doctrine in Massachusetts. ISOP issued a workers’ compensation insurance policy to a Massachusetts company, Progression. One of […]
On March 23, 2016, U.S. law enforcement authorities announced that Su Bin, a citizen of the People’s Republic of China and a resident of Canada, pleaded guilty to conspiracy to violate the Arms Export Control Act, the Computer Fraud and Abuse Act, and the International Traffic in Arms Regulations (“ITAR”). The investigation and prosecution of […]
On April 4, 2016, New York Governor Andrew Cuomo signed legislation which will, over the next few years, grow into the nation’s most comprehensive paid family leave program. New York employees will be eligible for 12 weeks of partially paid leave to care for a new child, a family member with a serious health condition, […]
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 […]
Employers looking to further protect their ever-valuable trade secrets are welcoming the arrival of the Defend Trade Secrets Act (“DTSA”), a new federal law permitting trade secret owners to file misappropriation claims in federal court, but they must implement some important changes before enjoying the full scope of these statutory protections. The DTSA, which applies […]
On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule that drastically limits the effectiveness of arbitration clauses in consumer financial product agreements. Specifically, the proposed rule bans providers of “consumer financial products” from including arbitration clauses in their contracts that prohibit consumers from filing or participating in class actions. The […]
The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law on May 11, 2016 following very strong bipartisan Congressional support. The DTSA creates a new federal civil private right of action for misappropriation of trade secrets and also provides for ex parte seizure of materials in extraordinary circumstances. It gives any trade secret […]
Last week the National Labor Relations Board issued a decision in Browning-Ferris Industries, reversing decades of precedent to revise the standard it will use to determine when two companies are joint employers. The NLRB’s new standard significantly expands the reach of joint employer status in ways that will make businesses responsible for unfair labor practices […]