Publications
In the scramble to address climate change, state and municipal governmental agencies, private developers, and local communities – both in Connecticut and nationwide – are increasingly turning to “transit-oriented development” or “TOD” which situates housing close to public transportation and commercial and retail amenities. By incorporating mixed uses and density, TOD ensures that walking and […]
No sector of the economy is being more profoundly affected by climate change regulation than the energy and utilities sector. The initial debate over whether the global warming phenomenon is “real” has quickly given way to legislative measures aimed at reducing greenhouse gas emissions, promoting renewable resources, increasing energy efficiency and advancing new clean and […]
On November 17, 2008, the United States Department of Labor (“DOL”) adopted final revised regulations, effective January 16, 2009, under the Family and Medical Leave Act (“FMLA”). These regulations, which were guided by the DOL’s prior experience under the Act, case law, statutory changes, and public comments, are the first major regulatory updates to the […]
The American Recovery and Reinvestment Act of 2009 (the “Act”) passed by both Houses and signed into law by President Obama on February 17, 2009, provides for a federal subsidy for COBRA premiums paid by involuntarily terminated employees. This client advisory briefly summarizes the provision of the Act pertaining to the subsidy and highlights the […]
Now that President Barack Obama has taken office with a strengthened Democratic majority in Congress, we can expect a number of changes in United States labor and employment laws and policy in 2009. This advisory highlights current changes and their consequences. ADA AMENDMENTS ACT OF 2008 Already effective as of January 1, 2009, the ADA […]
Background On April 1, 2009, the United States Supreme Court resolved a long-standing controversy over the arbitration of employment discrmination claims by union-represented employees, ruling that a collective bargaining agreement (“CBA”) that “clearly and unmistakably” requires employees to arbitrate claims under the Age Discrmination in Employment Act (“ADEA”) is enforceable as a matter of federal […]
The American Recovery and Reinvestment Act of 2009 was signed into law by President Obama on February 17, 2009 amidst an abundance of fanfare, controversy, and media coverage. However, a small section of the mammoth legislation received little attention, yet has significant implications for health care providers and other organizations that deal with protected health […]
Thomas R. Sullivan’s first full year as Commissioner of the State of Connecticut Insurance Department saw an increase in both the number of fines levied against insurance companies and brokers and the total dollar figure of those fines. In a recently released report, the Department said that its Market Conduct Division collected from 80 insurance […]
In 2009, the Connecticut General Assembly enacted a variety of measures affecting the utility industry and energy sector. The session included amendments to utility service termination and meter access requirements, provision for a code of conduct for transactions between natural gas distribution companies and their affiliates, and changes affecting water system construction, expansion and supply […]
While many of us make our personal New Year’s Resolutions each January, this is also the perfect time for employers to make their own “business resolutions,” focusing on their internal policies and practices. Such “resolutions” serve several purposes; first, and most critical, to confirm compliance with the ever-changing laws and judicial decisions affecting employers; and […]
Current regimes of liability for loss or damage to cargo carried by sea may soon be replaced by the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, known as “The Rotterdam Rules.” The Rotterdam Rules are the product of many years of effort by many interested groups […]
Off-label promotions of drugs by pharmaceutical companies continue to be a concern of the United States Food and Drug Administration (FDA) and United States Department of Justice (DOJ). In January 2009, Pfizer's US $2.3 billion settlement and Eli Lilly's US $1.42 billion settlement in connection with off-label promotions have been two of the largest payouts […]
Research Tool Patents – Opening Loopholes for Offshore Use? Several recent United States trial court holdings have opened up possible loopholes for the use of research tool patents and compounds for research use without infringement liability. In Bayer AG v. Housey Pharmaceuticals, Inc., the Court held that liability for infringing imports and sales under 35 […]
Biotechnology Disputes with Investigators over Publication of Clinical Trial Data Below are just two examples of the ongoing conflict between the research community's need to publish and the pharmaceutical/biotechnology industry's need to maintain the confidentiality of the studies it sponsors during drug development. Immune Response Corporation's HIV Drug Remune Immune Response Corporation (IR) recently entered […]
Intellectual Property Rights and Licenses May Determine the Future of U.S. Stem Cell Research Although the recent debate on the use of human embryonic stem cells for research purposes centers on the ethical dilemma, the true extent of future stem cell research that will be done in this country may be determined largely by patent […]
Alternatives to Venture Capital Financing Recently, venture capital firms have become more careful with investments, frequently choosing to focus on their existing portfolio companies. As a result, cash constrained biotech companies with no public market must consider alternative forms of fundraising such as government funding, equipment financings, licensing opportunities and other strategic alliances with corporate […]
Patent Term Extensions Extend Revenues Even with recent steps taken by the FDA to fast track the new drug application and approval process, the period between application and approval remains lengthy. As a result, patent holders may be deprived of the full benefit of their patent. To remedy this loss of patent protection, many countries […]
The CREATE Act: Protecting Patentable Inventions that Arise from Collaborative Research The Cooperative Research and Technology Enhancement (CREATE) Act of 2004 was signed into law by President Bush on December 10, 2004. The Act amends 35 U.S.C. §103(c) of the U.S. Patent Laws to provide a safe harbor where research is carried out under a […]
United States Pharmaceutical Product Liability: Current Trends and Risk Management The life sciences industry is operating in a more litigious and aggressive environment than ever before. With increasing numbers of high profile product liability cases and the attendant costly negative publicity, pharmaceutical and biotechnology companies at all stages of product development and commercialization must now […]
Supreme Court Rules That a Licensed Patent May Be Challenged Without Breaching the License On January 9, 2007, the United States Supreme Court ruled that a patent licensee is not required to breach its license in order to have standing to challenge the validity of the licensed patent. In MedImmune, Inc. v. Genentech, Inc., (U.S. […]
On June 9, 2008, the United States Supreme Court ruled in Quanta Computer, Inc. v. LG Electronics, Inc. that the doctrine of patent exhaustion applies to method patents as well as product and composition of matter patents. Patent exhaustion provides that an authorized sale of an article that substantially embodies a patent exhausts the patent […]
A new Connecticut data privacy law, Public Act No. 08-167 titled An Act Concerning the Confidentiality of Social Security Numbers, became effective on October 1, 2008. The new law requires people and businesses to protect personal data and imposes both requirements and restrictions with respect to the handling of Social Security numbers. Intentional violations of […]
On March 24, 2009, the Connecticut Supreme Court issued a landmark property tax decision in St. Joseph's Living Center, Inc. v. Town of Windham — a case litigated on behalf of St. Joseph's by Wiggin and Dana. The decision provides a detailed analysis of the requirements for property tax exemption as a charitable organization under […]
This advisory provides information about a federal regulation that the Federal Trade Commission (the “FTC”) will begin enforcing on May 1, 2009, and about a recent Connecticut data privacy statute, both of which will likely affect colleges and universities. Both laws require individuals and institutions that handle personal information to adopt certain policies and procedures […]
On June 21, 2004, in Aetna v. Davila, the U.S. Supreme Court unanimously held that ERISA completely preempts state law tort claims against HMOs for injuries allegedly suffered as the result of the HMO’s failure to authorize physician-recommended care. The decision struck down a Texas law, the Texas Health Care Liability Act, which made insurers […]
Authors, artists, inventors and others involved in creative activities often own unique assets that can present challenging tax and estate planning issues. Published and unpublished literary or musical works, visual art, computer programs, mechanical inventions, and clothing, jewelry and architectural designs can all be valuable (but difficult-to-value) assets. Such assets, usually known as “intellectual property,” […]
On a chilly, windy day in the northeastern United States, I thought I’d try to warm things up by telling you about two interesting court decisions which reached my desk recently. (1) In a decision which should gladden the hearts of mass tort defendants, the Mississippi Supreme Court threw out a $100,000,000 jury verdict against […]
Federal Estate Tax Changes. Each U.S. citizen and permanent U.S. resident is entitled to an “applicable exclusion amount” that exempts up to a certain amount of an estate from the federal estate tax. For 2008, the applicable exclusion amount is $2 million. Up to $1 million of an individual’s applicable exclusion amount may be used […]
On December 14, 1998, the U.S. Supreme Court ruled in NYNEX Corporation v. Discon, Incorporated, 119 S.Ct. 493 (1998) that the per se boycott rule cannot be applied to a vertical non-price restraint between a single supplier and a single customer, even when there is no procompetitive justification for the restraint. Justice Stephen Breyer’s decision […]
Joseph G. Krauss, the head of the Premerger Notification Office and an Assistant Director of the Federal Trade Commission’s Bureau of Competition, recently spoke to the Antitrust and Trade Regulation and Corporate Counsel Sections of the Connecticut Bar Association. Mr. Krauss was invited to speak by Bill Millman of Wiggin & Dana, current Chair of […]