Publications
Last year was an active year in intellectual property law. There were many notable developments in 2016 by a busy United States Supreme Court and the Federal Circuit. The Supreme Court and Federal Circuit issued key rulings involving patent damages, patent eligibility, venue, laches, claim construction, extraterritoriality, attorneys’ fees, the nominative fair use doctrine, and […]
Given the recently issued Executive Orders from the new administration and various changes being implemented by the Department of Homeland Security (DHS) and the Department of State (DOS), and in efforts to provide the most accurate and updated information, Wiggin and Dana’s Immigration and Nationality Law and Compliance Practice Group will be distributing a series […]
The estate tax, also referred to as the death tax, is a tax on the property you own at the time of your death. Currently, there is a federal estate tax exemption of $5,490,000 per person, up from $5,450,000, in 2016. This means that married couples can shield $10,980,000 from this tax. Federal estate tax […]
In addition to its franchise litigation practice, the Wiggin and Dana Franchise and Distribution Practice Group regularly assists clients with regulatory and transactional matters, including the creation of franchise programs, updating and amending franchise agreements and related documents and offering circulars, filing first time franchise registration applications and renewals and responding to regulators’ comments, reviewing […]
The Philadelphia Beverage Tax – or the so-called “Soda Tax” – took effect on January 1, 2017. As a result, the City of Philadelphia now imposes a 1.5 cents per ounce tax on the supply of “sweetened beverages.” The tax has broad applicability, and includes all sweetened beverages containing either caloric sugar-based sweeteners or no-calorie […]
On February 22, 2017, in a 7-0 decision (with Chief Justice Roberts taking no part) the Supreme Court unanimously held in Life Technologies Corp. v. Promega Corp. that shipping a single component of a patented invention to be combined with other components overseas is not infringement under Section 271(f)(1). Thus, the Court concluded that the […]
We are pleased to share this latest issues of Wiggin and Dana's BioInsights Newsletter. We periodically circulate this newsletter by e-mail to bring to the attention of our colleagues in the life sciences industry reports on recent developments, cases and legislative/regulatory actions of interest, and clients in the news. To view our newsletter, please click […]
On March 21, 2017, in SCA Hygiene Products Aktiebolah Et al. v. First Quality Baby Products, LLC, Et al. (Case No. 16-927), the U.S. Supreme Court eliminated laches — an equitable doctrine barring suits after unreasonable delays — as a defense in patent cases. Factual Background In 2003, Plaintiff SCA notified Defendant First Quality that […]
In a welcome development for Connecticut companies that routinely rely on consultants, the Connecticut Supreme Court ruled in Southwest Appraisal Group LLC v. Administrator, Unemployment Compensation Act that individuals can still be properly classified as independent contractors even if they work exclusively for one entity. The decision was released on March 21, 2017. Southwest Appraisal […]
In May, 2016, the Equal Employment Opportunity Commission (“EEOC”) published final rules outlining how employer sponsored wellness programs can comply with the Americans with Disabilities Act (“ADA”), the Genetic Information Nondiscrimination Act (“GINA”), and the Health Insurance Portability and Accountability Act (“HIPAA”), as amended by the Affordable Care Act (“ACA”). The rules were published in […]
Beginning in 2018, private-sector employers in Connecticut that do not offer their employees a retirement savings plan (i.e.,401(k) or other payroll deduction retirement options) will be required to automatically enroll their employees in a newly-established State retirement savings program. Employees may elect to opt-out during the enrollment period. Those employers that are not subject to […]
On June 8, 2016, the SEC announced that Morgan Stanley Smith Barney LLC (“MSSB”) has agreed to pay a $1 million penalty to settle an enforcement action. The enforcement action is based on the charge that MSSB failed to adopt written policies and procedures reasonably designed to protect customer data in violation of Rule 30(a) […]
Companies disclosing proprietary compound information must take steps to protect their interest in such information. Equally important, but often overlooked, companies receiving another party’s proprietary information also need to take steps to avoid being contaminated by such information. Merck learned that lesson the hard way in its patent litigation with Gilead. Merck was awarded a […]
The United Kingdom (UK) voted June 23, 2016 to exit the European Union (EU). While the full impact of the vote will not be known for some time, we are circulating our initial impression how the “Brexit” could impact our clients’ intellectual property (IP) in Europe. For the immediate future, the answer is Brexit will […]
On May 18, 2016, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a Final Rule implementing Section 1557 of the Affordable Care Act (“ACA”), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities.[1] The purpose […]
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 […]