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The FAA Modernization and Reform Act of 2012, Section 334, requires the FAA to set up a system that allows public entities to operate unmanned aerial systems (UAS). This has opened up the use of UAS to public organizations, ranging from federal agencies to fire and police departments and public universities. To obtain such authorization, […]

H-1B visa season is upon us, and Wiggin and Dana would like to encourage employers subject to the annual visa quota (or cap) to evaluate potential employee candidates as soon as possible. The demand for H-1B visas remains high, and the yearly cap for new H-1B visas is still 65,000. The H-1B Visa Category The […]

The OFCCP has made the Section 503 Self-ID Form user friendly. Please click here to access the OFCCP’s website where it has included the new disability self-identification form as a Word document.

Can you copyright a monkey’s selfie, even if the monkey stole your camera to take it? That’s a question Wikipedia recently had to answer, and it said no, supported by some recent guidance from the U.S. Copyright Office. But it’s not clear that Wikipedia got it right. In 2011, David Slater, a professional British photographer, […]

On October 28, 2014, the California Attorney General released a report revealing that more than 18.5 million California residents were victims of data breaches in 2013.[1] That statistic represents a staggering 600% increase over the number of Californians affected by data breaches in 2012[2] and echoes similarly gloomy data breach statistics reported earlier this year […]

In a long-awaited decision, the Federal Communications Commission (“FCC”) announced on October 30th that fax advertisements must include a detailed notice that describes the recipient’s right to opt out of receiving future fax ads—even if the recipient consented to receive the fax. But, in an unusual concession, the agency also announced that it would retroactively […]

Just as the commercial space and satellite industry in the United States during the 1990s was hurt by export restrictions on its products, the country’s commercial unmanned aerial vehicle (“UAV”) industry may soon fall behind its European and Canadian counterparts. According to news reports, Airbus Defense and Space recently filed an application with the European […]

Since the launch of export control reform (“ECR”) last year, the immediate focus has been on commodities and technology transitioning from the International Traffic in Arms Regulations (“ITAR”) to the Export Administration Regulations (“EAR”), particularly the new 600-series. But ECR also brought other significant changes, including explicit incorporation into the ITAR of the definition of […]

The OFCCP’s newly revised Scheduling Letter and Itemized Listing can be found by clicking here. This is the letter you will now receive from the OFCCP if your company is selected for an AAP compliance audit. There are significant changes from prior audit letters — the most obvious being that the number of items on […]

The OFCCP has announced a Notice of Proposed Rulemaking (NPRM) to prohibit pay secrecy policies and actions by federal contractors and subcontractors. This NPRM would prohibit federal contractors and subcontractors from discriminating against employees and applicants who discuss, disclose or inquire about their own compensation or the compensation of other employees or applicants. According to […]

Art, Yachts, and Insider Plots David L. Hall, Wiggin and Dana LLP Suppose your name is Radu and you’re a young plumber working in Bucharest during the endless month of February. This is when you decide you’ve had enough of Bucharest in February. You find yourself in sunny Genoa, and manage to obtain employment with […]

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 reimbursement changes affecting nursing homes, […]

Just one month into fiscal year (“FY”) 2015, the Government already has secured False Claims Act (“FCA”) settlements worth approximately half of a billion dollars. At this rate, companies could end up paying almost $6 billion in FCA settlements this year. The chart below captures selected False Claims Act settlements for the month of October […]

Earlier this week, the Securities and Exchange Commission (“SEC”) issued its 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program. While each of the SEC’s prior Annual Reports have contained interesting and significant statistics about the number of tips received, where they came from and the types of allegations made by whistleblowers, this year’s […]

Giving thanks for your supportWe are pleased to share the inaugural issue of the Wiggin and Dana Immigration and Nationality Law and Compliance Practice Group Newsletter. We will circulate this newsletter periodically by e-mail to bring to your attention the latest updates in the field, with reports on recent developments and upcoming visa deadlines, as […]

The Department of Justice (“DOJ”) recently issued its second Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release of the year. [1] The good news for companies considering foreign acquisitions is that successor liability does not create FCPA liability when the target company has made improper payments to foreign officials before the acquisition but the conduct […]

Pursuant to recently enacted Public Act 14-154, all entities domiciled in Connecticut that fail to file an annual report with the Secretary of the State on a timely basis face potential administrative dissolution. Entities covered by the new law include Connecticut corporations,[1] non-stock corporations,[2] LLCs[3] and limited partnerships[4]. In addition, foreign entities qualified to do […]

Insurers may wish to use drones, or Unmanned Aerial Vehicles (UAVs), for a number of purposes, including inspection of otherwise inaccessible loss sites. Can they do so in the U.S. without government approval? While the insurance regulators have not weighed in on the issue, the Federal Aviation Administration (FAA) is in the business of regulating […]

Make no mistake – the Federal Aviation Administration (FAA) is in the business of regulating the use of drones, or Unmanned Aerial Vehicles (UAV). What doubt may have previously existed has been removed, at least for now, thanks to the National Transportation Safety Board’s (NTSB) decision in Huerta v. Pirker. Pirker arose after a UAV […]

With 2015 quickly approaching, there are a number of tax planning opportunities you may want to consider before year-end. This advisory highlights these planning opportunities. Also outlined below are the adjusted 2015 federal estate, gift and GST exemption amounts, as well as some things to look out for in 2015 and beyond. Utilizing Your Gift […]

The debate over the appropriate measure of damages for licensed FRAND patents has been raging in the US courts and abroad for a number of years now. On December 4, 2014, the U.S. Court of Appeals for the Federal Circuit handed down its decision in Ericsson, Inc. v. D-Link Systems, Inc., et al. The Ericsson […]

If you are eagerly anticipating receiving a package delivered by Amazon Prime Air or getting a pizza air-dropped from the DomiCopter in the United States, the wait will continue indefinitely. On December 10, 2014, the Subcommittee on Aviation, a part of the U.S. House of Representative’s Committee on Transportation and Infrastructure, held a hearing to […]

The Delaware Legislature will vote on an amendment to the Delaware General Corporation Law which, if passed, would ban stock corporations from implementing fee-shifting bylaw provisions. The vote is set to take place prior to the conclusion of the current legislative session, which ends on June 30th. The proposed amendment would limit a recent Delaware […]

The U.S. government controls exports for many reasons, but primarily to keep military and other sensitive technology out of the hands of the country’s adversaries. For this reason, the U.S. government wants insight into, and oversight of, all exports from the United States in order to review any export against concerns related to national security, […]

On June 19, 2014, the U.S. Supreme Court issued its long-awaited decision on patent eligible subject matter in Alice Corp. Pty Ltd. v. CLS Bank Int’l, U.S., No. 13-298, 6/19/14. In a unanimous decision, the Court held that claims directed to implementations of the abstract idea of intermediated settlements of financial transactions on a generic […]

A recently-enacted amendment to Connecticut’s Paid Sick Leave Act (“Act”) will bring welcome changes for employers. On June 6, 2014, Governor Dannel P. Malloy signed into law Public Act 14-128, which changes 1) the method for determining if an employer is exempt from providing paid sick leave, and 2) the time-frame for accruing paid sick […]

In the first case under the “Pay-to-Play” rules adopted in 2010, the SEC sent a strong message to investment advisers that violations of these rules would be treated seriously. The SEC Settlement On June 20, 2014, the SEC announced that it had brought and settled charges against TL Ventures, Inc. (“TL Ventures”), a Philadelphia investment […]

The federal Telephone Consumer Protection Act (“TCPA”) provides, among other things, that both the sender of a text message advertisement that violates the TPCA and the person on whose “behalf” the text message is sent can be liable for statutory damages of at least $500 per improper text message sent. On July 2, 2014, the […]

On July 18, 2014, the Financial Crimes Enforcement Network (FinCEN) published the first issue of SAR Stats, a successor to the FinCEN publication By The Numbers. SAR Stats examines data generated from the more than 1.3 million individual Suspicious Activity Reports (SARs) filed by the financial industry, using the recently implemented unified Form 111.[1] FinCEN […]

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued enforcement guidance, a question-and-answer guide, and a fact sheet for small businesses regarding employer obligations under the Pregnancy Discrimination Act of 1978 (“PDA”), which amended Title VII of the Civil Rights Act of 1964, along with other federal laws. This enforcement guidance (“Guidance”) sets forth the […]

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