Publications
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 […]
The recently enacted health care reform legislation includes four new requirements for hospitals exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (the Code). Although some provisions of the legislation will not affect hospitals for several years, three of these four requirements are effective immediately and call for prompt attention. FOUR […]
Connecticut Attorney General, Richard Blumenthal, recently called for stiffer penalties against employers who misclassify employees as independent contractors. Specifically, Attorney General Blumenthal is seeking a dramatic increase of the current penalty for misclassifying employees of $300 per violation to at least $300 per day for each worker misclassified as an independent contractor. The Connecticut General […]
The U.S. Citizenship & Immigration Services (USCIS) recently issued a Guidance Memorandum regarding H-1B visa status. This Memorandum is of particular significance to staffing companies and to those client companies who contract for their services, such as in the IT consulting industry. The Memorandum is intended to provide guidance in the context of H-1B petitions […]
Federal Rule of Civil Procedure 4(k)(2), adopted in 1993, prevents foreign defendants that have violated United States Federal laws from escaping suit for lack of personal jurisdiction. Prior to the adoption of Rule 4(k)(2), foreign defendants whose contacts with any particular state forum were not sufficient to support personal jurisdiction were able to move for […]
Employee Rights Under the NLRA Effective June 19, 2010, new regulations issued by the U.S. Department of Labor will require federal contractors and subcontractors to post a notice informing employees of their rights to unionize and bargain collectively under the National Labor Relations Act (NLRA). The notice also includes examples of prohibited employer and union […]
On June 10, 2010, the Court of Appeals for the Federal Circuit (CAFC) held in Pequignot v. Solo Cup Co., Fed. Cir. No. 2009-1547, that Solo Cup had no intent to deceive the public by marking plastic cups and lids with expired patents. Although the ruling turned on the lack of intent to deceive, this […]
On June 28, 2010, the Supreme Court delivered its opinion in Bilski v. Kappos, the most eagerly-awaited patent law decision in at least twenty years. Many observers were hoping for new, clear guidance on whether “Information Age” inventions for the business world (focusing on human activities for collecting or responding to information) are eligible for […]
Connecticut Enacts New Leave of Absence Law for Domestic Violence Victims Governor Rell recently signed the highly anticipated Public Act No. 10-144, which adopts several recommendations of a legislative task force impaneled to study domestic violence. The new law goes into effect on October 1, 2010, and imposes new obligations on employers with three or […]
On October 5, 2009, Governor Rell signed a civil False Claims Act into law. Connecticut's False Claims Act (CFCA) is modeled after the federal False Claims Act, a Civil War era statute originally enacted to prosecute profiteers engaged in fraud against the Union Army. The False Claims Act is now the federal government's primary and […]
New York and Bad Faith: Two Years After Bi-Economy and Panasia By Joseph G. Grasso, Rachel Lebejko Priester, Alison Weir, and Charles Platto.[1] In February 2008, the New York Court of Appeals decided Bi-Economy Market Inc. v. Harleysville Ins. Co. of New York, 10 N.Y.3d 187 (Ct. App. 2008) and Pan Estates, Inc. v. Hudson […]
Prior to 2010, an individual could convert a traditional IRA into a Roth IRA provided his or her modified adjusted gross income did not exceed $100,000. Starting in 2010, an individual may make such a conversion regardless of his or her annual income. In this edition of the Advisory, we discuss factors to consider in […]
Our most recent, as well as our upcoming, HR Circle seminars are dedicated to wage and hour issues, an area that has been a hotbed for litigation over the past few years. Unfortunately for employers, the well-chronicled wave of FLSA litigation, highlighted by a virtual onslaught of class actions, shows no sign of slowing down. […]
The Taxpayer Relief Act of 1997 (“TRA ’97”) mandated that the amount that individuals can pass to their heirs free of the federal estate and gift tax be increased over a nine year period. At the time TRA ’97 passed, the applicable exemption amount (which is a cumulative total of all taxable transfers made during […]
The “Sonny Bono Copyright Term Extension Act” was signed into law October 27, 1998 by President Clinton to increase the term of copyright protection and to create exemptions for music licensing. Significantly, the new legislation adds 20 years to most copyright terms. The impetus for the legislation was a change to copyright law in the […]
On July 1, 1997, President Clinton instructed the Secretary of Commerce to prepare to privatize the operation of the Internet. This hand-over (which is currently in progress) will be a major change in the behind-the-scenes operation of the Internet and could substantially alter the rights of its users and providers. Since its development by the […]
When you attempt to enforce your patent, how do you deal with an indirect attack upon the patent’s validity based upon unsupported evidence in the form of testimony of friends, relatives or business associates of the infringer? Two recent decisions of the Federal Circuit give food for thought regarding what supporting evidence is needed to […]
A record 151,024 U.S. Patents issued in 1998. This was 33% more than the 113,720 that issued in 1997. Several reasons have been cited for this huge increase in U.S. Patents: Intellectual property, particularly patents, is becoming more important to both the bottom line and the long term future of large and small corporations. More […]
For most landlords, the procedure is routine. A broker calls with a potential tenant, the landlord does some due diligence and sends over its fine-tuned landlord-drafted lease, the parties negotiate and the lease is signed with some modest modifications. When a national retail or service company comes calling, however, the rules of the game can […]