Publications
Greetings, Court Fans! While we await the Court’s issuance of more decisions on Wednesday, we have four recaps of cases decided in the last week or so: Moore v. United States (No. 22-800), in which a 7-2 Court held that a one-time repatriation tax was not an unconstitutional “direct” tax. Diaz v. United States (No. […]
In what undoubtedly is welcome news to trustees of Connecticut irrevocable trusts, effective January 1, 2025, Connecticut will join the growing list of states that specifically authorize “decanting” the assets of an otherwise irrevocable trust into a new trust with improved terms. While most Connecticut practitioners believe that decanting has always been available under Connecticut […]
Greetings, Court Fans! This morning, the Court announced five decisions, all of which are heavily divided, at least as to the analysis: United States v. Rahimi (No. 22-915), an 8-1 decision written by the Chief Justice, holding that the Second Amendment allows the government to prohibit a person who has been found to pose a […]
Greetings, Court Fans! We’re now at the business end of the Supreme Court’s term, with 23 decisions (and the majority of the most-watched cases) to be decided likely by next Friday. The Court made some headway on that today, issuing four opinions: In Moore v. United States (No. 22-800), a 7-2 Court held that a […]
Greetings, Court Fans! Yesterday, the Court announced three opinions, including one that’s already making headlines: In FDA v. Alliance for Hippocratic Medicine (No. 23-235), a unanimous Court held that a group of emergency-room doctors and medical associations lacked standing to challenge the FDA’s expanded approval of the abortion drug mifepristone, thereby vacating a lower-court injunction […]
In a recent opinion, the United States Supreme Court unanimously ruled that life-insurance proceeds from a policy owned by a closely held business on the life of one of its owners must be factored into the valuation of the business for estate tax purposes when the insured owner dies. This ruling has important implications for […]
On June 10, 2024, Law.com published Partner Paul Tuchmann‘s article titled, “Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes”. In the article, Paul discusses the Second Circuit’s recent ruling in the bribery case against former New York Lieutenant Governor Brian Benjamin that there is no heightened quid bro quo standard in […]
On June 10, the Spring 2024 issue of the Franchise Law Journal, Volume 43 Number 2 was published, where Litigation Partner John Doroghazi is Editor-in-Chief. The Franchise Law Journal is published by the American Bar Association Forum of Franchising. In his editorial, John discusses attending the Annual Forum on Franchising and how the event builds relationships within the franchise bar and […]
Greetings, Court Fans! Yesterday, the Court issued three decisions that, while not likely to get a lot of media attention, were closely watched by lawyers in the insurance, bankruptcy, trusts and estates, and Indian law sectors: In Truck Insurance Exchange v. Kaiser Gypsum Co. (No. 22-1079), a unanimous Court held that an insurer with financial […]
Like individuals, trusts are subject to income tax by the federal government and a majority of states. If a trust is characterized as a “grantor” trust, then its income is reported by the grantor thereof, who is usually the trust creator, and taxed as if earned by the grantor individually. If the trust is characterized […]
Greetings, Court Fans! We’re back to summarize three more of the decisions the Court has issued in the last few weeks: Alexander v. South Carolina Conference of the NAACP (No. 22-807), A 6-3 decision holding that a three-judge District Court clearly erred in finding that race predominated in South Carolina’s redrawing of the boundaries for […]
Greetings, Court Fans! It’s the First Monday of June, meaning the Court’s about to step on the gas with respect to decisions. Despite the Court’s somewhat lethargic output to date, we’ve still managed to find ourselves buried beneath a pile of decisions. Here’s a quick run-down, beginning with the most recently decided: In Cantero v. […]
On May 24, 2024, Partner Kate Cassidy and Counsel Anjali Dala authored the article titled, “AI Litigation Spotlight: ‘NYT v. OpenAI’” for the New York Law Journal. Kate and Anjali discuss New York Times Co. v. Microsoft, No. 1:23-cv-11195 (S.D.N.Y), one of the strongest copyright case challenging generative artificial intelligence (GenAI) to date. Kate and Anjali summarize […]
On May 15, 2024, the Bipartisan Senate AI Working Group composed of Senate Majority Leader Chuck Schumer (D-NY), and Senators Mike Rounds (R-SD), Todd Young (R-IN), and Martin Heinrich (D-NM), published “Driving U.S. Innovation in Artificial Intelligence: A Roadmap for Artificial Intelligence Policy in the United States Senate” (the “Report”).[1] The 31-page document contains a […]
This client alert discusses the most recent changes to Connecticut cannabis laws brought about by the passage of Public Act No. 24-76 (the “Act”), which was signed by Governor Lamont on May 11, 2024.[1] These changes include the following: (1) establishing a new category of THC product, an “infused beverage” for regulation; (2) providing for […]
On April 19, 2024, the U.S. Department of Education (the “Department”) released its final amended regulations implementing Title IX. This client alert summarizes the substantially increased training requirements that all educational institutions will need to implement when the amended regulations take effect on August 1, 2024. We will continue to provide guidance as the deadline […]
Income tax reporting obligations do not cease at death. In fact, there may be multiple taxpayers required to file income tax returns after the death of an individual. For example, the decedent, the executor of the decedent’s estate and trustees of trusts created by the decedent each has income tax reporting requirements. The basics of […]
The following is an updated version of an advisory first issued on April 30. The original advisory addressed only the Department of Commerce Interim Final Rule. It has been updated to address the subsequent Department of State Proposed Rule. In accordance with the Fiscal Year 2024 National Defense Authorization Act (NDAA), on April 19, 2024, […]
Last month, the U.S. Environmental Protection Agency (EPA) listed two per and polyfluoroalkyl substances (PFAS) chemicals — commonly referred to as “forever chemicals” — as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Listing these two PFAS, specifically perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), impacts whether and to what extent […]
The United States Drug Enforcement Administration (“DEA”) has announced its intention to reclassify cannabis from a Schedule I to Schedule III drug, a move with quite significant potential consequences. This reclassification would profoundly alter the risk of use of cannabis, which, as a Schedule I drug, is currently deemed to be in the same category […]
On April 19, 2024, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) published an Interim Final Rule (the “IFR”) that dramatically reduced export license requirements for exports, reexports, and transfers of items subject to the Export Administration Regulations (“EAR”) to and within Australia and the UK. The IFR, which is effective as […]
Greetings, Court Fans! In a week that saw some of the most significant arguments of the term (including Trump v. United States, on the former president’s potential immunity from criminal prosecution), we’re back to summarize three outstanding decisions from last week: Rudisill v. McDonough (No. 22-888), holding that veterans who qualify for benefits under two overlapping […]
On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a rule prohibiting noncompete agreements with very few exceptions.[1] The issuance of the rule, which was expected, follows the FTC’s prior release of a draft of the proposed rule back in January 2023. Nevertheless, the rule will have a far-reaching effect once, and […]
New York State Mandates Paid Prenatal Leave After the passage of its 2025 budget this past Monday, New York will become the first state to require employers to provide paid leave for pregnant employees to attend doctor’s appointments. The new law, which will amend Labor Law § 196-b, will allow pregnant employees to use up […]
Greetings, Court Fans! The Court’s been fairly busy over the last week-plus, issuing seven opinions and a number of notable orders. Unfortunately, we’ve also been fairly busy, and now must dig out of a seven-opinion hole. We’ll do that in two parts, making our way through four decisions today and the remainder next time. So, […]
A directed trust is a sophisticated planning technique that divides the traditional duties of a trustee among more than one person or institution. Unlike a standard trust with multiple co-trustees, all of whom would share the same duties, a directed trust makes each “trust director” responsible for a different type of task on behalf of […]
While historically high federal transfer tax exemptions remain in effect, the Spousal Lifetime Access Trust (“SLAT”) (also sometimes referred to as a Spousal Estate Reduction Trust, or “SERT”) remains one of the most effective planning techniques for married clients. What is a SLAT? A SLAT is an irrevocable trust in which the spouse is a […]
Congratulations, you just signed your Will and your Revocable Trust. You set out clear directions on how your assets should pass at your death. Your heirs will be grateful. But there is more you can do to ease the burden of estate administration – you can fund your Revocable Trust while you are alive. Set […]
On April 1, the Federal Trade Commission’s (“Commission”) new Trade Regulation Rule (“Rule”) to combat those that impersonate government entities went into effect. The Rule enables the Commission to directly pursue federal action against scammers who may face civil liability to return money stolen from consumers. This Rule is not simply advisory, but rather the […]
Wiggin and Dana’s Insurance Practice Group has published a recent Insurance Update. We are pleased to offer these periodic updates, with summaries of recent cases and legislation or regulations of interest, as well as the Group’s recent activity. To view our newsletter, please click the PDF link below.