Publications
Chicago has rolled up the welcome mat for pharmaceutical companies and their field representatives. Come July 1, 2017, the Second City essentially will ban pharmaceutical representatives from marketing or promoting any prescription drug within Chicago's city limits. Passed in November, 2016, Chicago municipal code § 4-6-310 imposes licensing and other requirements on pharmaceutical representatives who […]
In Ruff v. Yale-New Haven Hospital, No. AC 37749 (officially released May 2, 2017), the Connecticut Appellate Court unanimously affirmed the trial court's preclusion of a nursing expert who lacked active involvement in the practice or teaching of [nursing] within the five-year period before the incident giving rise to the claim. The Ruff decision gives […]
To date, there have been multiple immigration updates and Executive Orders issued by the new administration impacting immigration practices by the Department of Homeland Security (“DHS”), the Department of Justice (“DOJ”), the Department of Labor (“DOL”), and the Department of State (“DOS”). In an effort to provide the most relevant information for educational institutions, faculty/staff, […]
To date, there have been multiple immigration updates and Executive Orders issued by the new administration impacting immigration case processing and practices by the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Department of Labor (DOL), and the Department of State (DOS). In an effort to provide the most relevant information for […]
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 […]
Each year, Wiggin and Dana, LLP and LeadingAge Connecticut collaborate to produce a comprehensive summary of new Connecticut laws affecting providers of services for the elderly. This year’s Summary reports on legislation affecting nursing homes, residential care homes, assisted living communities, home health care agencies, and senior housing. Topics include requirements governing nursing home admission […]
We previously wrote about the Supreme Court's decision to hear a case that would likely clarify the scope of the personal benefit prong of insider trading law – Insider Trading Showdown: Personal Benefit to be Tested at the U.S. Supreme Court, American Bar Association White Collar Crime Newsletter (Spring 2016). On December 6, 2016, the […]
Troubled by the effect of inaccurate or unfair negative online reviews of their businesses, some companies have inserted anti-disparagement clauses into their consumer-facing contracts. From the start, these clauses have faced legal hurdles because of their ability to prevent consumers from posting accurate, yet unflattering customer reviews. For example, over the past few years, courts […]
Recent OFAC Amendments Make Significant Changes to Sudanese Sanctions Regulations, Expand General Licenses for Agricultural Commodities, Medicine and Medical Devices under the Iran Transactions and Sanctions Regulations, and Clarify Definition of Goods of Iranian Origin and Iranian-Origin Goods The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has been keeping busy during its […]
The self-identification form government contractors have been using to gather information from employees and applicants pertaining to their disability status has been approved by OMB (Office of Management and Budget) for another three years. The form now expires on January 31, 2020. We have copied the OFCCP's announcement below. No changes were made to the […]
On March 1, 2017, the Securities and Exchange Commission (SEC) adopted final rules requiring registration statements and periodic and current reports be submitted in HyperText Markup Language (HTML) format, and include a hyperlink to exhibits in such filings. The final rules adopted by the SEC will put an end to the time consuming process of […]
In a case sure to have immediate and profound impact on patent litigation in the United States, the Supreme Court today in TC Heartland LLC v. Kraft Food Brands Grp. LLC, 581 U.S. __ (May 22, 2017) redefined the standard for where defendants can be sued under the patent venue statute, 35 U.S.C. § 1400(b). […]
In two recent cases the Second Circuit issued published opinions that speak to a pair of workplace issues that have proved divisive and vexing: independent contractor classifications and the scope of protected activity under the National Labor Relations Act (NLRA). The first case was brought by black car drivers who claimed they should have been […]
The Connecticut General Assembly recently took a significant step to protect colleges and universities from bankruptcy trustees who have recently tried to force schools to return pre-bankruptcy tuition payments that parents made on behalf of their children. Public Act 17-50, An Act Revising the Uniform Fraudulent Transfer Act, will take effect October 1, 2017. Background. […]
Wiggin and Dana attorneys Aaron Bayer and Benjamin Daniels recently filed an amicus brief in the U.S. Court of Appeals for the First Circuit on behalf of the American Council on Education, as well as a number of other national associations of colleges, universities and other representatives and supporters of higher education in the United […]
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 […]