Publications
We are writing to alert government contractor clients about a recent change in the OFCCP audit process. In the past, the OFCCP has requested contractors to provide an extensive amount of information during an audit to support the numbers in the contractor’s affirmative action plan (“AAP”). Now, in addition to requesting such data, the OFCCP […]
Wiggin and Dana hosted its Fourth Annual Health Care Compliance and Enforcement Roundtable on September 14, 2011, featuring federal and state health care enforcement authorities discussing current initiatives and priorities with the provider community. Many issues were discussed and debated including Connecticut Department of Social Services Medicaid audits, the Federal and Connecticut False Claims Acts, […]
On October 5, 2011, the U.S. Court of Appeals for the Second Circuit ruled that the Financial Industry Regulatory Authority (“FINRA”) does not have the authority to bring court actions to collect disciplinary fines. Fiero v. Fin. Indus. Regulatory Auth., Inc., Docket Nos. 09-1556-cv, 09-1863-cv, 2011 U.S. App. LEXIS 20173 (2d. Cir. 2011). The ruling […]
On September 8, 2011, The United States Senate passed H.R. 1249, the Leahy-Smith America Invents Act (the “Act”). When President Obama signs the Act into law, it will represent the most extensive change to U.S. patent law since 1952. The Act’s provisions will be applied in phases: some retroactively, some effective immediately, and others effective […]
The Seventh Circuit Court of Appeals recently affirmed an Illinois district court’s grant of summary judgment in a supplier’s favor on a distributor’s Connecticut Franchise Act (“CFA”) claim, holding that the distributor “failed to show that more than 50% of its business resulted from its relationship with [the supplier], and thus failed to establish the […]
New Crime Reporting Requirements for Long-term Care Facilities The Elder Justice Act provisions of the Patient Protection and Affordable Care Act (the federal health care reform law) include new crime reporting requirements for long-term care facilities. The requirements took effect when the President signed the health care reform law on March 23, 2010. Although the […]
A recent holding by the United States Circuit Court for the Second Circuit suggests that the sale of a single infringing good and its shipment into New York may constitute sufficient grounds for a New York court to exercise personal jurisdiction over a trademark infringer. (Chloé v. Queen Bee of Beverly Hills, LLC, 09-3361-cv (2d […]
The Department of Commerce’s Bureau of Industry and Security (“BIS”) is seeking comments from industry on seven new “best practices” designed to prevent the diversion of controlled items subject to the Export Administration Regulations (“EAR”). The Federal Register Notice describing these updated best practices is attached to this Advisory. Comments on the proposed best practices […]
In a relatively brief span of twenty months, the Supreme Court of Connecticut has issued three opinions interpreting Connecticut’s wage payment statute, codified at Conn. Gen. Stat. § 31-72 (“Section 31-72”). That statute creates a cause of action in favor of an employee who is not paid his or her earned “wages”—statutorily defined as “compensation […]
Non-Competition Agreements and Professional Networking Sites Employers in a number of industries frequently require employees to execute non-competition agreements whereby that employee, upon termination of employment, is prohibited from engaging in certain competitive activities and/or doing business with the former employer’s customers for a specified period of time. Historically, the former employer discovers violations or […]
A recent Securities and Exchange Commission settlement highlights the significant consequences facing companies and their executives when they fail to adhere to the SEC’s prohibition on selective disclosure of material information. To resolve accusations by the SEC that it violated Regulation FD, the SEC’s rule prohibiting such selective disclosure, Office Depot recently agreed to pay […]
Hartford, Connecticut has suddenly found itself on the cutting-edge of a significant development under federal labor law. The Hartford Regional Office of the National Labor Relations Board recently issued a complaint against American Medical Response of Connecticut, Inc. accusing the ambulance company of illegally terminating an employee because she posted negative comments about her supervisor […]
Now that we feel reasonably confident that Congress will not reinstate the estate and generation-skipping transfer tax laws retroactively, we believe that 2010 affords unique estate planning opportunities that may not be available in 2011. BackgroundFor 2010 the federal estate and generation-skipping transfer (GST) taxes were repealed in their entirety. If Congress does not extend […]
Intellectual property owners have long advocated for legislation protecting against the widespread distribution of pirated content and counterfeit products on the Internet. Senators Patrick J. Leahy and Orrin G. Hatch have recently responded to these calls by introducing the Combating Online Infringement and Counterfeits Act (COICA). COICA targets web sites that are “dedicated to infringing […]
ONC Establishes Temporary EHR Certification Program and Publishes Final Rule on EHR Technology Standards: Impact on Meaningful Use Incentive Payments and Stark/Anti-kickback Compliance On June 24, 2010, the Office of the National Coordinator for Health Information Technology (ONC) in the United States Department of Health and Human Services (HHS) promulgated a final rule establishing a […]
In This Issue: FTC and DOJ Issue Revised Horizontal Merger Guidelines Wiggin and Dana Authors Influential Brief on Confidentiality of Documents Produced Under an Antitrust Subpoena Resale Price Maintenance Redux In-House Attorney/Client Communications Are Not Privileged In The European Union FTC AND DOJ ISSUE REVISED HORIZONTAL MERGER GUIDELINES On August 19, 2010, the Department of […]
In a settlement announced April 7, 2011, the Securities and Exchange Commission for the first time assessed financial penalties against individual executives for violating customer privacy rules. The SEC imposed the fines on three former brokerage executives of GunnAllen Financial for violating Regulation S-P, also known as the “Safeguard Rule.” The rule requires, among other […]
Robert Robin Stein of Stamford has been appointed a member of the Connecticut Siting Council (Council) by Governor Dannel P. Malloy (D). Governor Malloy has also nominated Mr. Stein to be Chairman of the Council, a position held by Dan Caruso since 2006. In announcing his appointment of Mr. Stein, Governor Malloy said, I’ve known […]
Daniel C. Esty has been appointed the Commissioner of the new Connecticut Department of Energy and Environmental Protection (“DEEP”). At the same time Governor Dannel P. Malloy (D) introduced his appointee for this position he also announced the consolidation of the Department of Public Utility Control (“DPUC”) with the Department of Environmental Protection “to allow […]
The SEC may soon issue welcome news for hedge fund advisers registering for the first time as investment advisers under the Investment Advisers Act of 1940. According to a recent letter from associate director of the SEC’s Division of Investment Management, Robert Plaze, the SEC may extend the registration deadline of certain investment advisers, including […]
In an Advisory released in 2009, we reported on the steps taken by the Equal Employment Opportunity Commission (“EEOC”) to embolden its efforts in attacking systemic discrimination in employment, and thus, to continue driving agency focus from individual discrimination cases to agency driven charges attacking such suspected systemic discrimination practices. Since that Advisory, the EEOC […]
The authority of the Office of the Inspector General of the Department of Health and Human Services (OIG) to exclude individuals who themselves engage in wrongdoing from participation in health care programs is well-established. Indeed, exclusion under those circumstances is viewed as a logical consequence of a criminal conviction based on an individual's personal involvement […]
On December 17, 2010, President Obama signed the Tax Relief, Unemployment Insurance Authorization, and Job Creation Act of 2010 into law. In addition to extending many of the Bush-era tax cuts for 2011 and 2012, including setting the maximum income tax rate at 35% and the maximum capital gains rate at 15%, this bill temporarily […]
Thomas B. Leonardi was introduced as the next Commissioner of the Connecticut Insurance Department. Governor Dannel P. Malloy (D) introduced his appointee for this carefully watched position during a press conference on Friday, February 4, 2011. Mr. Leonardi, 56, currently is the President and CEO of Northington Partners, Inc., a venture capital and private equity […]
In this Issue: Wiggin and Dana Insurance Lawyers to Edit New Book Wiggin and Dana Authors Influential Brief on Behalf of Insurance Industry Trade Groups Article – Gulf Oil Spill and Additional Insureds – Round 1 Update on New Iran Sanctions From the Courts – Round up of recent insurance/reinsurance case law From the Regulators […]
In 2009, the Connecticut legislature passed laws that change the Connecticut gift, estate and income tax regimes in significant ways. In addition, the General Assembly and the Governor addressed reform of the state’s Probate Court system. Connecticut Gift and Estate TaxAs of January 1, 2010, Connecticut estate and gift tax will apply only to estates […]
Ownership of property in multiple states can raise many estate planning issues. Whether you own property directly or through an entity (such as a trust or corporation) may have a dramatic impact on the settlement of your estate and the taxes due. Fortunately, there are numerous ways to structure ownership of property. Which way is […]
On September 14, 2010, Wiggin and Dana, LLP held its third annual Health Care Compliance and Enforcement Roundtable where federal and state enforcement officials discussed enforcement priorities with members of the health care community. Roundtable Panelists: Arnold Menchel, Assistant Connecticut Attorney General, Connecticut Office of the Attorney General, Director of the Health Care Fraud and […]
FALL 2010In this Issue Wiggin and Dana announces the formation of its Privacy and Information Security Practice GroupWiggin and Dana becomes member in the International Association of Privacy ProfessionalsNew Publications of InterestLead Article – When Worlds Collide: The Battle for D&O Insurance Proceeds in BankruptcyFrom the CourtsFrom the Regulators Wiggin and Dana LLP Announces the […]
EEOC Issues Final Rule on the Genetic Information Nondiscrimination Act On November 9, 2010, the Equal Employment Opportunity Commission (“EEOC”) issued final regulations implementing the employment provisions (“Title II”) of the Genetic Information Nondiscrimination Act of 2008 (“GINA”). Title II of GINA prohibits employment discrimination based on genetic information of employees, job applicants, and their […]