Publications
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 […]
In the recent decision United States v. Cosme, 14-1625-cr, a panel of the Second Circuit held that the government cannot seize and then hold a defendant's property pending the resolution of criminal charges without a judicial finding that probable cause supports the forfeitability of the seized assets. In December 2012, Cosme was arrested on charges […]
When a party files a lawsuit in violation of a contractual obligation to arbitrate, the defendant often moves to “dismiss or stay” pending arbitration pursuant to Section 3 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3. Courts have come to different conclusions about whether they may dismiss a case under Section 3 of […]
On June 23, 2015, Governor Malloy signed into law Public Act. No. 15-115, An Act Establishing a Bill of Rights for Residents of Continuing-Care Retirement Communities (“the Act”). The Act establishes several protections for residents of continuing care retirement communities (“CCRCs”) and also makes various changes to the statutes governing CCRC providers. The Act takes […]
On August 6, the SEC’s Division of Corporation Finance offered interpretive guidance with respect to conducting a private placement under Rule 506(b) of Regulation D without running afoul of the “general solicitation” restrictions of Rule 502(c). Rule 502(c) provides in relevant part that neither the issuer nor any person acting on the issuer’s behalf may […]
On February 3, 2015, the SEC’s Office of Compliance Inspection and Examinations (“OCIE”) released a risk alert titled Cybersecurity Examination Sweep Summary providing an overview of how investment advisers and broker-dealers are addressing the legal, regulatory and compliance issues associated with the increasing risk from cyber-attacks. The risk alert is based on the findings of […]
The Supreme Court of Texas ruled on February 13, 2015, that BP is not entitled to coverage as an additional insured under insurance policies Transocean procured for the Deepwater Horizon. We previously wrote about the insurance coverage dispute concerning subsurface pollution that resulted from the 2010 oil spill in the Gulf of Mexico in the […]
From the Courts Bad Faith Round-Up: Case Summaries from 2014 In this issue, we review some of the more noteworthy holdings dealing with bad faith, from around the country during the past year. This summary is by no means exhaustive, and we focus primarily on P&C insurance; but we hope this will provide some insight […]
You may have seen references to President Obama’s 2016 budget proposals and how they might affect your gifting and estate planning opportunities. Given that Congressional Republicans, who now control both the House and the Senate, oppose these measures, it appears highly unlikely that any of the President’s proposals will be enacted this year. But as […]
We are pleased to share this first issue of the Wiggin and Dana Education Practice Group newsletter on matters of interest to the higher education community. Our group has represented institutions of higher education for more than half a century on issues ranging from intellectual property to Title IX compliance, from labor and employment to […]
In December 2014, the National Labor Relations Board issued new rules that it claims will modernize and streamline union certification elections. In fact, the rules, scheduled to go into effect on April 14, 2015, are mostly about shortening the time between a union’s filing of a petition for an election and the election itself, and […]
On March 25, 2015, the Securities and Exchange Commission approved the final rules to adopt amendments to Regulation A, which will go into effect 60 days after the rules are published in the Federal Register. The amendments to create “Reg A+” were a mandate of Title IV of the JOBS Act and provide private U.S. […]