Publications
Health savings accounts have received a lot of media attention, but, so far, employers have been slow to embrace this new approach for providing health care coverage for employees. The basic concept involves a high-deductible health plan (HDHP), coupled with a tax-favored, portable individual health savings account (HSA) that allows individuals to save for future […]
As public debate about climate change has increased in recent years, so too has litigation over its causes, effects, and mitigation. This advisory provides a snapshot of recent significant litigation, encompassing such disparate topics as contractural disputes over sustainable development tax credits, the constitutionality of a new municipal “green” building code, the construction of new […]
It’s been a while since my last update. That’s because (a) I’ve been busy and (b) there hasn’t been much to report. Now that things have slowed down a little, I want to tell you about a recent victory by Ford in a discovery battle.
Created as part of the Community Renewal Tax Relief Act of 2000, the NMTC is the result of a bipartisan initiative intended to spur the investment of $15 billion in new private capital into a diverse range of privately managed investment vehicles that in turn will make loans to and equity investments in businesses located […]
In recent months, many of our clients have suffered declines in the value of their assets. While it can be difficult to open a monthly brokerage statement in this environment, decreases in asset values actually can present a significant opportunity for estate tax reduction planning. In this edition of the Advisory we discuss ways you […]
Adoption of broad amendments to the Federal Trade Commission’s Franchise Rule proposed in a long-awaited FTC Staff Report released on August 25, 2004 is expected in 2005, completing a nine year review procedure. Wiggin and Dana participated in the review process by filing a comment letter on the FTC Staff Report.
A recent California intermediate appellate court decision provides a good example of appellate court intervention to correct extreme jury generosity which may have been prompted by a risky cross-examination question. The case, Buell-Wilson v. Ford, arose out of an SUV rollover accident which left the driver with multiple severe injuries including paraplegia due to spinal […]
2004 Legislative Session of the Connecticut General Assembly
The Securities and Exchange Commission (SEC) recently issued final rules intended to be responsive to the “real time issuer disclosure” mandate in Section 409 of the Sarbanes-Oxley Act, that requires public companies to disclose material informa-tion on a “rapid and current basis”. The new rules expand the number of events that are reportable on Form […]
The Connecticut Brownfields Redevelopment Authority has several programs to help developers and municipalities overcome barriers to Brownfields development. This article features two of these programs, those for Brownfields Assessment Grants and Grants for Brownfields Redevelopment.
Recently, the United States Court of Appeals for the Second Circuit, in Jacques v. DiMarzio, Inc., held that “interacting with others” is a major life activity under the Americans with Disabilities Act (ADA).
A Connecticut federal court recently held, in Bechtel v. Competitive Techs., Inc., that a Connecticut technology company must reinstate two whistleblowers while it appealed a decision of the Secretary of Labor under the Sarbanes-Oxley Act.
The Economic Growth and Tax Relief Reconciliation Act of 2001 added a new rollover requirement for tax-qualified retirement plans that make involuntary cash-outs of small benefits. The Internal Revenue Service recently issued guidance on how that requirement should be administered.
Victims of accidents outside the United States sometimes attempt to sue product manufacturers or distributors in courts in the United States. A common response to such suits is a motion to dismiss based on forum non conveniens gounds. Recently New York federal court Judge Shira Scheindlin granted such a motion in a case arising out […]
This year was a relatively quiet one for utility legislation. The following is a summary of bills that we believe are likely to have an impact on utilities and regulated industries and the consumers who purchase their services.
Final regulations under Code Sections 401(k) and 401(m) were effective for Plan Years beginning on and after January 1, 2006. The regulations contained changes and clarifications to plan provisions relating to nondiscrimination testing, salary reduction elections, distributions, hardship withdrawals, and safe harbor contributions. Most changes were mandatory, but some were optional.
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 law and contractual arrangements. Human embryonic stem cells are thought to have the ability […]
On February 20, 2003, the Department of Health and Human Services (“HHS”) published the final HIPAA security standards, Health Insurance Reform: Security Standards; Final Rule, 45 CFR Parts 160, 162 and 164, 68 Fed. Reg. 8333. These standards establish a security management framework for the protection of Electronic Protected Health Information (EPHI). Significantly, this final […]
On February 6, 2003, the United States Department of Justice announced the settlement of an action resulting in the largest-ever civil penalty for so-called “gun jumping,” or coordination between companies before they have formally consummated a merger. The consent decree provides that the newly merged Gemstar-TV Guide International Inc. will pay a record $5.67 million […]
Congress is now considering several amendments to the Patent Act, enacted in 1952. In my opinion, any patent reform must continue to encourage the full disclosure of each invention through the “best mode” requirement, not accommodate the veiling of parts of the invention in a cloak of secrecy.
The failure to keep accurate employment related records in accordance with applicable law may have broader implications than many employers suppose. Indeed, in a recent Second Circuit case, Byrnie v. Town of Cromwell, the Court of Appeals held that an employer’s destruction of records which it is obligated to maintain under federal law may not […]
In the recent case, Egelhoff v. Egelhoff, the U.S. Supreme Court held that a Washington state statute which automatically revoked the designation of a spouse as a beneficiary under an employee benefit plan upon a divorce was preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). This decision is good news for plan […]
Federal laws impose different requirements regarding the length of time employment-related documents must be kept. Here is a brief summary of some of those requirements. 1. What kind of records must be kept under Title VII of the Civil Rights Act (“Title VII”) and the Americans With Disabilities Act? How long must they be maintained? […]
The Court of Appeals for the Federal Circuit recently heard the case of Group One, Ltd., v. Hallmark Cards, Inc., which highlighted a problem potentially encountered by patent applicants whose U.S. patent applications claim Paris Convention priority to foreign applications. Certain events can occur before the priority date, which do not destroy novelty under the […]
On February 21, 2002, the Bureau of Export Administration (“BXA”) of the U.S. Department of Commerce imposed a $95,000 civil penalty on Neopoint, Inc., for illegal exports of encryption technology to South Korea. The action underscores the Bush Administration’s commitment to national security aspects of technology policy. In this heightened period of security, companies […]
On November 29, 2000, the American Inventor’s Protection Act (AIPA) became law. While the Act contains many diverse provisions, two of the most significant provisions for companies working in the biotechnology area are publication of U.S. patent applications and provisional patent rights. Amended statute 35 U.S.C. §122(b) now provides for publication of U.S. patent applications […]
The term of U.S. copyright protection for any given work is sometimes difficult to determine due to the many changes in our copyright law over the past twenty-five years. Generally, for a work that was created but neither “published” nor the copyright registered before January 1, 1978, the copyright endures either for the life of […]
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 joint collaborative research agreement between individuals or entities. The CREATE Act […]
In a significant decision sure to have a major impact on the pharmaceutical industry, the United States Supreme Court today held that the “safe harbor provision” of 35 U.S.C. §271(e)(1), which exempts from infringement, among other things, the making or using of a patented compound “solely for uses reasonably related to the development and submission […]
In a recent press release, the Securities and Exchange Commission (“SEC”) announced plans to begin publicly releasing comment letters and filer responses relating to disclosure filings reviewed by its Divisions of Corporation Finance and Investment Management. These comment and response letters are currently only available upon submission of a Freedom of Information Act (FOIA) request […]