Publications
The liability scheme of CERCLA can be summarized in four words: joint, several, strict, and retroactive. Liability will attach to any party that has any connection with a site that contains hazardous materials. For CERCLA purposes “connection” means owning the property, operating the property, or having brought materials to the property, and there was a […]
The new Medicare Prescription Drug, Improvement and Modernization Act (MMA), signed by President Bush on December 8, 2003, has been described as the most significant restructuring of the Medicare program since Medicare’s enactment in 1965. Although attention has focused on the prescription drug benefit authorized by this law (the new “Part D” of Medicare), other […]
As suggested by the clever cartoon below, a lot of people had a good laugh earlier this year when the media reported that Ashley Pelman and Jazlen Bradley, two overweight New York teenagers, had sued McDonald’s for their obesity and related health problems. Both girls alleged that they had purchased and consumed Happy Meals and/or […]
In addition to its franchise litigation practice, the Wiggin and Dana Franchise and Distribution Practice Group regularly assists clients with regulatory and transactional matters, including the creation of franchise programs, updating and amending franchise agreements and related documents and offering circulars, filing first time franchise registration applications and renewals and responding to regulators’ comments, reviewing […]
Each of the 169 towns in the State of Connecticut is empowered to assess and collect property taxes. The powers of the towns are defined and limited by State statutes, specifically, Sections 12-40 through 12-195h of the Connecticut General Statutes. Pursuant to the provisions of Section 12-122, a town must levy such property taxes as […]
Product sellers everywhere probably breathed a sigh of relief last month when the Nebraska Supreme Court held that Bridgestone/Firestone and Ford could not be held civilly liable for the rape and murder of 19-year old Amy Stahlecker by Richard Cook on a lonely stretch of Nebraska highway in the early morning hours of April 29, […]
Recent publicity surrounding the United States Supreme Court’s rejection of the mandatory United States Sentencing Guidelines (Guidelines) has caused some to question the continued importance of corporate compliance programs. Yet the Department of Health and Human Services’ Office of Inspector General (OIG) has sent a clear message to providers that compliance programs must remain strong.
The Federal Trade Commission (“FTC”) announced in the January 31, 2005 Federal Register that it has revised the filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as required by the 2000 amendments to the HSR Act.
This past legislative session, Connecticut's General Assembly enacted a comprehensive reform bill (Public Act No. 06-195) that takes important steps towards modernizing the state's approach to end-of-life issues and its advance directives laws. The advisory contains frequently asked questions about the new law.
The United States Court of Appeals for the Second Circuit recently issued a significant decision in <i>Meacham v. Knolls Atomic Power Laboratory</i> interpreting the application of the federal Age Discrimination in Employment Act (“ADEA”) to employers’ downsizing programs. The decision underscores the necessity that employers carefully plan for and implement reduction-in-force programs in order to […]
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.