Publications
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 […]
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 […]
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 […]