Publications
On October 27, 2015, the U.S. Senate passed the Cybersecurity Information Sharing Act of 2015 (“CISA”) by a vote of 74-21. CISA had been stalled in the Senate since its submission in April 2015 by Senators Diane Feinstein (D-CA) and Richard Burr (R-NC), the Vice Chair and Chair, respectively, of the Senate Intelligence Committee. There […]
As employees continue to flock to social media in droves, employers have been craving additional guidance about how, if at all, they can regulate work-related posts. While it is no secret that employees in unionized and non-unionized workplaces can discuss, and even complain about, the terms and conditions of their employment under Section 7 of […]
On November 4, 2015, the United States Attorney’s Office for the Central Division of the District of Utah filed a criminal complaint against a citizen of India, Kolar Rahman Anees Ur Rahman, alleging that he violated the Arms Export Control Act (AECA), 22 U.S.C. § 2778 and its implementing regulation, the International Traffic in Arms […]
On October 30, 2015, the Securities and Exchange Commission (the “SEC”) voted to approve final rules on crowdfunding, marking the adoption of the last major provision of the 2012 Jumpstart Our Business Startups Act (the “JOBS Act”). The new rules for issuers and investors will become effective in the Spring of 2016. With its new […]
On November 2, 2015, Leslie R. Caldwell, Assistant Attorney General for the Criminal Division at the U.S. Department of Justice (“DOJ”), announced the hiring of a new corporate compliance counsel, Hui Chen, who will act as an expert advisor to prosecutors in the DOJ’s Fraud Section. It is expected that Chen will advise DOJ prosecutors […]
Sophisticated and complex commercial litigation and criminal investigations often involve many participants and their lawyers. In these cases, it is often beneficial for the lawyers to share confidential information pursuant to a joint defense or common interest privilege. Under such an arrangement, the lawyers for clients with common legal interests can disclose information without waiving […]
After repeatedly losing various challenges to the Federal Trade Commission’s (“FTC’s”) authority to investigate and sanction it for alleged data security violations, LabMD Inc. (“LabMD”) has finally come out on top, at least for the moment. On November 13, 2015, the FTC’s Chief Administrative Law Judge (“ALJ”) D. Michael Chappell held that LabMD did not […]
The Federal Acquisition Regulatory (FAR) Council periodically makes adjustments to federal contracting jurisdictional thresholds to compensate for inflation. Last month, the threshold under Section 4212 (for protected veterans) and Section 503 (for individuals with disabilities) were modified: Section 4212 increased from $100,000 to $150,000 (not aggregated) Section 503 increased from $10,000 to $15,000 (aggregated) While […]
With data breaches on the rise, an oft-repeated piece of advice is to purchase cyber-insurance, a relatively new type of insurance policy specifically designed to insure against the potentially astronomical costs associated with breaches. However, a recent lawsuit filed in California underscores that while obtaining cyber-insurance may be prudent, it cannot replace conducting a thorough […]
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 United States v. Litvak, 14-2902, the U.S. Court of Appeals for the Second Circuit vacated the conviction of a securities trader after concluding that the district court erroneously excluded his proffered expert witnesses. Two aspects of the Court’s 84-page decision are of particular significance for defendants in fraud cases. First, the Court rejected an […]
Employment law is a constantly changing legal landscape and the past year provided employers and employees with a great deal of food for thought. The following cases and decisions by courts, the National Labor Relations Board (“NLRB”), and the Equal Employment Opportunity Commission (“EEOC”), affect employers in all industries and should be considered with care […]
The end of the year is quickly approaching. Outlined below are reminders about a number of tax planning opportunities that, if you have not already done so, you may want to take advantage of before year-end. Also outlined below are the adjusted 2016 federal estate, gift and GST exemption amounts, as well as some things […]
In 2015, the U.S. Government significantly bolstered its resources dedicated to combat international corporate bribery under the Foreign Corrupt Practices Act (FCPA). By announcing the addition of a team of FCPA-dedicated prosecutors, plus three new squads of investigators and the use of a data-driven, crime-prediction approach, the Government doubled down on its effort to root […]
On December 14, 2015, the United States Supreme Court closed a potential loophole in its earlier ruling that preempted state bans on class-arbitration waivers under the Federal Arbitration Act (FAA). In DIRECTV, Inc. v. Imburgia (No. 14-462), the Court reversed the California state courts’ refusal to enforce the waiver of class procedures in arbitration and […]
A wealthy family may create a family office to achieve a wide range of objectives. These objectives may include realizing the benefits of pooled capital in order to maximize the universe of available investment opportunities at optimal cost; maximizing investment returns; ensuring financial security for future generations; and providing coordinated administrative, managerial and wealth advisory […]
“This notice extends the due dates for the 2015 information reporting requirements (both furnishing to individuals and filing with the Internal Revenue Service) for insurers, self-insuring employers, and certain other providers of minimum essential coverage under section 6055 of the Internal Revenue Code, and the information reporting requirements for applicable large employers under section 6056 […]
Imagine that the Bursar’s Office receives the following letter: “I am the chapter 7 bankruptcy trustee for John J. Smith, Sr. (“Debtor”). Based on my review of the Debtor’s transactions with your institution over the past four (4) years, it appears that you received tuition payments totaling $200,000 on behalf of John J. Smith, Jr., […]
Every five years, the Bureau of Economic Analysis conducts the Benchmark Survey of U.S. Direct Investment Abroad. This mandatory survey collects financial and operational data on U.S. parent companies and their foreign affiliates. In brief, here’s what you need to know. Who Needs to File? Any U.S. person that had an ownership interest, either direct […]
On May 14, 2015, Wiggin and Dana held its annual Health Care Compliance and Enforcement Roundtable with an in-depth focus on the Connecticut False Claims Act. Attendees heard insights from representatives from the three state agencies that oversee health care fraud and abuse enforcement: Michael E. Cole, Assistant Attorney General, Chief of the Antitrust and […]
The United States Supreme Court’s most recent term has been marked by a series of significant rulings that serve to alter the landscape of labor and employment law in significant ways. Over the past few months, the Court has spoken on matters ranging from pregnancy-based discrimination, to workplace accommodations for religious practices and beliefs, to […]
A new law signed by the Governor on June 30, 2015, Public Act 15-146, “An Act Concerning Hospitals, Insurers and Health Care Consumers,” will have a significant impact on hospitals in Connecticut. Provisions in the new law have been hotly contested, with hospitals protesting that its requirements are too onerous and burdensome. Many fear that […]
On June 30, 2015, the U.S. Department of Labor released long-awaited proposed regulations designed to modify the criteria for determining whether employees fall within the scope of the exemptions to the Fair Labor Standards Act’s overtime pay requirements for “white collar” executive, administrative, and professional employees. The proposed rule change was prompted by an Executive […]
Public Act 15-146, “An Act Concerning Hospitals, Carriers and Health Care Consumers,” was signed into law by Governor Malloy on June 30, 2015 and will have a significant impact on health insurance companies in Connecticut. The new law imposes additional hurdles for insurance companies to acquire physician groups; a practice that has emerged as a […]
Governor Dannel Malloy recently signed a budget package, retroactive to January 1st of this year, which increases the income tax rate for the state’s highest earners and makes some notable changes to estate taxes and probate court fees. With regard to income taxes, the bill eliminates the highest marginal tax rate of 6.70% and replaces […]
In a decision issued this week, the Connecticut Appellate Court rejected an argument that a hospital has a nondelegable duty to provide emergency care and thus is vicariously liable for the professional negligence of an independent emergency room physician with whom it contracted to provide that care. Tiplady v. Maryles, No. AC 35832. In combination […]
On June 9, 2015, the United States Department of Health and Human Services Office of Inspector General (OIG) issued a Fraud Alert titled, “Physician Compensation Arrangements May Result in Significant Liability,” focusing on the potential consequences of physician compensation arrangements, such as medical directorships, that violate the Anti-Kickback Statute. The Alert signals that the federal […]
For many years, Medicaid providers have vigorously protested the Connecticut Department of Social Services’ (DSS’s) audit process and methodology, which many believe to be unfair and unnecessarily punitive. As a result, in past legislative sessions, the General Assembly enacted several modest changes to the Medicaid audit statute. This year, a coalition of providers and provider […]
On July 1, 2015, the General Assembly passed “An Act Concerning Pay Equity and Fairness” designed to root out “pay secrecy.” A day later, on July 2, 2015, Governor Malloy signed the Act into law. The new statute, Public Act 15-196, bars employers with one or more employees from: Prohibiting employees from disclosing, inquiring about, […]
On August 24th, the United States Court of Appeals for the Third Circuit issued its decision in Federal Trade Commission v. Wyndham Worldwide Corp., affirming a 2014 district court ruling that the Federal Trade Commission (“FTC”) has the authority to regulate cybersecurity lapses. The Third Circuit also held that Wyndham – the global hospitality giant […]