Publications
Congratulations to Jim Farrington, who has been in Sweden since late 1997, and his team, for successfully shepherding the sale of Pharmacia & Upjohn, Inc.’s intravenous drug business to Germany’s Fresenius AG through 14 separate pre-merger filings in Europe and North America. Wiggin & Dana was lead counsel in this $500 million divestment which involved […]
Patent lawyer Dale Carlson will be a featured speaker on February 9, 1999 at the Winter Meeting of the Association of Corporate Patent Counsel in Palm Beach, Florida. He will present a paper on the subject of inventorship issues in U.S. Patent practice. If you would like a copy of this paper, please contact Dale […]
On June 24, 1997, the U.S. District Court for the District of Columbia entered a final judgment on a proposed consent decree in the matter of U.S. v. Mahle GmbH, Civ. Act. No. 97-1404, 1997-2 Trade Cases ¶ 71,868. The consent decree required that Mahle GmbH and Metal Leve S.A. pay a total of $5.6 […]
In May 1997, the Delaware Supreme Court issued a decision in Brazen v. Bell Atlantic that will require more careful consideration of the purpose and scope of termination fee (or so-called “break-up fee”) provisions in merger agreements to ensure that such provisions will be enforced. A termination fee provision is designed to protect a party […]
The basic purpose of estate planning is to create an effective and sensible disposition of your property during life and at death. Each client is unique, so while there are certain standard techniques and tools available to the estate planner, there are no standard solutions or universal remedies suitable for all clients. Just as every […]
Dear Clients and Other Friends of the Firm (Intro. Letter) This is an introductory advisory on the final HIPAA privacy rule. Theadvisory summarizes the key features of the rule, highlights severalareas of significant change from the proposed rule, and provides some“action steps” for moving forward towards compliance with the rule’srequirements. For a general […]
Since 1976 the federal government has had a unified estate and gift tax. Generally, under this system each individual gets a tax credit which can be used to shelter a certain amount of gifts made either during life (in which case the credit is applied against the gift tax) or at death (in which case […]
We hope you will enjoy this inaugural issue of the Family Business Advisory, which is intended to inform family businesses about issues and developments in the law affecting family and closely held businesses. Wiggin & Dana represents a wide range of family businesses. Some are large companies considering public securities offerings, and others are small, […]
Bankruptcy court is the great emergency room of the legal system. By the time a debtor gets there, he is bleeding to death and, most likely, has been for quite some time. A siege mentality often exists among the creditors, many of who have been scrambling to recover some payment or security before the bankruptcy […]
The first an employer becomes aware of a wage and hour complaint is often when the Connecticut Department of Labor’s (DOL) Wage and Workplace Standards Division investigator appears on the doorstep. The DOL has jurisdiction over virtually all employers, even the smallest ones, and their investigators are frequent visitors to the workplace. While the vast […]
Employers may not know it, but the Government’s electronic employment eligibility verification system, dubbed E-Verify, has been up and running since 1997, and any employer may sign up to use the system. Now, pursuant to Executive Order 12989 signed by President Bush, as of September 8, 2009, certain federal contractors are required to use E-Verify. […]
The United States Patent and Trademark Office (USPTO) recently announced a new pilot program to accelerate the examination of patent applications directed to certain “green” technologies, e.g., technologies for enhancing environmental quality, conserving energy, developing renewable energy sources, or reducing greenhouse gas emissions. Patent applications are typically examined in the order they are filed. The […]
When does a physical agility test measuring an employee’s ability to perform actual or simulated job tasks qualify as a medical examination under the ADA? The question is important for employers because, if the test is deemed a medical examination, the ADA mandates that it be job-related and consistent with business necessity. Recently, the U.S. […]
On or before December 31, 2009, tax exempt employers who sponsor Code §403(b) retirement plans (sometimes known as tax-sheltered annuity plans or “TSAs”) need to adopt a written plan document for their 403(b) plans. Background. Recently issued final IRS regulations governing Code §403(b) retirement plans require that employers adopt written plan documents for their plans, […]
The fate of the federal estate, generation-skipping transfer (GST) and gift taxes has been the subject of much discussion in recent months. While most estate planners expected that Congress would act in 2009 to avert the dramatic changes to the tax system which became effective on January 1, 2010, it failed to do so. This […]
Deadline to Adopt Updated Plan DocumentsPrototype and volume submitter document providers were recently required to update their plan documents to comply with certain tax legislation. Employer adopters of prototype and volume submitter defined contribution plans have until April 30, 2010 to adopt the provider’s updated plan document. If your company has not yet adopted an […]
A rash of lawsuits have recently been filed for alleged damages due to drywall originating from China. As with every new type of class or mass action suit brought by the plaintiffs’ bar, the question always posed is whether this is the next asbestos, a tidal wave of litigation with potentially devastating exposure. Unless some […]
The increase in the federal estate, gift and generation-skipping transfer tax exemptions, coupled with the uncertain future (and possible complete repeal) of the transfer tax system, have led many people to believe that estate planning is no longer necessary. Even if the federal transfer tax system is eliminated, state transfer taxes may remain (or even […]
On September 30, 2008, the United States Department of Health and Human Services Office of Inspector General (“OIG”) published Supplemental Compliance Program Guidance for Nursing Facilities (“CPG”). The CPG is available on the OIG’s web site at http://www.oig.hhs.gov/fraud/docs/complianceguidance/nhg_fr.pdf. In the CPG, the OIG details fraud and abuse risks that nursing home compliance programs should […]
In a case of first impression, the Connecticut Supreme Court recently held that an employee who settles his claim for workers’ compensation benefits can also compromise his dependent’s right to survivorship benefits. In Duni v. United Technologies Corp., et. al, the employee entered into a “Stipulation for Full and Final Settlement” with his employer, the […]
The issue of whether the Americans With Disabilities Act (the “ADA”) applies to employees on long term disability (“LTD”) or Social Security is receiving increasing attention. Until the federal Equal Employment Opportunity Commission issues its anticipated guidance on the interplay between the ADA and these benefits, the employee’s benefit status under either an LTD policy […]
As electronic commerce proliferates, the Internet community has sought reliable techniques for forming legally enforceable, on-line contracts. While several methods are currently in wide-spread use, click-wrap licenses, sometimes called web-wrap agreements, have emerged as the dominant model. Click-wrap licenses are based on the familiar shrink-wrap license, where a mass-marketed software product contains a license on […]
For a corporation, few legal questions can be as important as “who owns the rights to intellectual property created on behalf of the corporation”? The laws that govern the ownership of intellectual property are often vague and unpredictable, and vary by state. Below is an overview of these laws in the patent context, and some […]
Recently, in Angelsea Productions Inc. v. Commission on Human Rights & Opportunities, the Connecticut Supreme Court unanimously held that the Connecticut Commission on Human Rights and Opportunities (the “Commission”) loses jurisdiction over an employment discrimination complaint when it fails to comply with the statutory deadlines governing the investigation of complaints and the holding of public […]
Classifying workers as employees or independent contractors continues to bedevil businesses, both small and large. Recently, the U.S. Department of Labor announced a major investigation of a large computer company that laid off hundreds of workers and rehired many of them as independent contractors. Although many companies legitimately use independent contractors to save money, be […]
Earlier this year, the House of Representatives passed HR2696, the “Vessel Hull Design Protection Act.” The bill is currently before the Senate where passage seems likely. The generally perceived impetus for the bill arises from the practice of “splashing” or “direct molding.” Splashing is a manufacturing process that uses an existing boat hull as a […]
Although Non-Qualified Deferred Compensation Plans (NQDC Plans) have long been one of the perquisites of senior management, these plans are assuming an increasingly important role in many executive compensation packages. NQDC plans have been the subject of recent federal legislation and I.R.S. regulatory proposals making this a good time for employers to review and perhaps […]
The SEC has published guidelines for public companies, investment advisers, investment companies, and municipal securities issuers on disclosure obligations about Year 2000 issues.
Last July, the Court of Appeals for the Federal Circuit (CAFC), the highest appellate level court that typically decides patent matters, held in State Street Bank & Trust Co. v. Signature Financial Group, Inc. that the transformation of data by a machine through a series of mathematical calculations into a useful, concrete and tangible result […]
More than three years after the enactment of the federal Family and Medical Leave Act (“FMLA”), employers continue to have trouble navigating its complex requirements. Recent court cases show that properly identifying what constitutes a “serious health condition” is the key to preventing and defending against FMLA claims. Broadly stated, a serious health condition involves […]