Publications
As the number of data breaches and federal and state enforcement actions for privacy and security violations reach new heights, Connecticut's highest court has added fuel to the fire in a decision that paves the way for individuals to use Health Information Portability and Accountability Act (HIPAA) violations as a basis for state negligence claims. […]
Following a year and a half of secret negotiations and a Cold War-style prisoner swap, President Obama announced yesterday that he will begin to normalize several aspects of relations with Cuba. Before you light up a few Cuban cigars to celebrate the opening of a new market only 90 miles from Miami, however, it is […]
Introduction There were a number of notable developments in patent case law in 2014. Key decisions from the Federal Circuit and Supreme Court tackled a variety of key issues, including patent eligibility of software and business methods, standards for induced infringement when multiple actors are involved, the burden of proof in declaratory judgment cases, the […]
On January 6, 2015, the Financial Industry Regulatory Authority (“FINRA”) released its 2015 Regulatory and Examinations Priorities Letter highlighting a number of compliance areas that FINRA examiners will focus on in the coming year. According to FINRA’s 15-page letter, examiners will carefully scrutinize the sales practices of certain complex products, financial and operational priorities such […]
On July 2, 2014, the Federal Trade Commission (“FTC”) issued Amended Franchise Rule FAQ 38. [1] FAQ 38 has not received much attention, perhaps due to the fact that the FTC’s website for posting FAQs has recently changed. In any event, FAQ 38 attempts to give extra-territorial effect to one state regulator’s comments on a […]
Corporate officers with compliance duties, take note: you may face personal liability for your role in failing to prevent your company’s violations of federal law. This new reality comes courtesy of the U.S. Department of the Treasury’s Financial Crimes Enforcement Network’s (“FinCEN”) unprecedented assessment, on December 18, 2014, of a $1,000,000 penalty against Thomas E. […]
On January 12, 2015, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) released its Examination Priorities for 2015 (available here) outlining the issues that it will focus on this year in examining investment advisers, broker-dealers and other financial industry participants. This year’s exam priorities are broken down into three thematic areas: (1) protecting retail […]
This week, the Supreme Court rejected the Federal Circuit’s long standing practice of applying a de novo review standard to district court claim construction decisions. Instead, in Teva Pharmaceuticals USA, Inc. V. Sandoz, Inc., No. 13–854 (Jan. 20, 2015), the Supreme Court ruled that factual findings made by the district court in connection with claim […]
On January 21, 2015 the U.S. House of Representatives Committee on Science, Space, and Technology’s Subcommittee on Space met to discuss UAS Research and Development (R&D). The purpose of the Subcommittee was to look into R&D developments at the Federal Aviation Administration (FAA) and National Aeronautics and Space Administration (NASA). NASA was present in conjunction […]
We are pleased to share with you the Wiggin and Dana Cybersecurity and Privacy Practice Group Newsletter. We circulate this newsletter periodically by e-mail to bring to the attention of our colleagues the latest updates in the areas of cybersecurity and privacy, with reports on recent developments, cases and legislative/regulatory actions of interest, as well […]
The massive data breach announced this week by health insurer Anthem, with up to 80 million consumer records exposed (including Social Security numbers, birthdays, e-mail addresses and employment-related data), brings a sudden world of pain to Anthem. Anthem is now scrambling to investigate the cause of the incident, meet regulatory obligations to notify consumers and […]
VETS-4212 Form Replaces the VETS-100/VETS-100A Forms Please click here to view a draft copy of the VETS-4212 form. This form will be used for the 2015 filing later on this year. You will notice a very significant change to this form in that it no longer requires contractors to identify the number of protected veterans […]
The Federal Trade Commission (FTC) has announced its annual adjustment of the thresholds for premerger notification filings under the Hart-Scott-Rodino Act (HSR), as well its adjustment for the thresholds for prohibitions on certain interlocking directorates under Section 8 of the Clayton Act. The new HSR thresholds will be effective thirty days after publication in the […]
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 […]