Publications
The Hatch-Waxman’s patent term extension provision, part of the Hatch-Waxman Act’s carefully negotiated set of compromises, increased the patent protection available to certain pharmaceutical products. The general legislative goal was to preserve incentives for innovation by restoring a portion of the patent term lost through a lengthy pre-market regulatory approval process. Accordingly, depending on the […]
Cybergripers are people who register domain names using the trademarks of others, with or without adding a disparaging term such as “sucks” or “bites”, e.g., yourtrademarksucks.com. The corresponding Web sites may be parody sites, or more often than not, forums for complaints about the applicable trademark owner.
Although product liability defendants often complain about unscrupulous plaintiffs’ lawyers, they are usually content to say “good riddance” with a defense verdict or a small settlement. In a particularly egregious situation, Chrysler recently decided to go further. They sued three Texas lawyers from the Kugle law firm in San Antonio and filed grievances against them […]
The State of Connecticut has enacted a number of tax provisions designed to encourage research and development activities within its borders. Of principal significance are the tax credit allowances under the corporate business tax regime. There are three tax credit provisions: the basic tax credit, the incremental tax credit for certain increases in expenditures from […]
In a recent decision in Wilson v. Sundstrand Corp., an Illinois federal court judge dismissed strict liability claims against Sundstrand (a United Technologies company) arising out of a 1997 airplane crash in Indonesia in which 244 people died. Sundstrand allegedly manufactured a defective “ground proximity warning system” (GPWS) which failed to function during the crash […]
For years, Connecticut's laws governing living wills and the authority to make health care decisions have been a patchwork of confusing and unnecessarily duplicative provisions. Proposals to simplify and strengthen our advance directives laws have been proposed by several groups, including the Law and Ethics Task Force of the Connecticut Coalition to Improve End of […]
Over the last few years, both the federal government and many state governments have attempted to facilitate the redevelopment of brownfields sites. EPA has defined brownfields as “abandoned, idle or underused industrial and commercial sites where expansion or redevelopment is complicated by real or perceived environmental contamination that can add cost, time or uncertainty to […]
Connecticut law now requires employers, in most circumstances, to give employees advance written notice before monitoring their electronic communications. The statute governing the electronic monitoring of employees became effective on October 1, 1998, and provides that employers must post in a “conspicuous place” a notice concerning the types of electronic monitoring that the employer conducts. […]
Region 1 of the United States Environmental Protection Agency (EPA), the region that includes Connecticut, will soon launch a program for encouraging “voluntary compliance” with environmental laws and regulations by hospitals and other health care institutions in its geographical domain.
In a case that could have wide-reaching implications for companies that engage in e-commerce, a Florida District Court recently held in Access Now, Inc. v. Southwest Airlines Co., 2002 WL 31360397, that internet sites are not “public accommodations” subject to the requirements of Title III of the Americans with Disabilities Act (“ADA”).
In a major immigration law development, on November 2, 2002, President Bush signed into law a measure that allows H-1B nonimmigrant visa holders to extend their status in one year increments beyond the six year limitation if a labor certification application has been pending for at least 365 days. Employers sponsor foreign workers for H-1B […]
Several months ago Deputy Assistant Secretary Charles E. James of the Office of Federal Contract Compliance Programs (“OFCCP”) signed the Functional Affirmative Action Plan Directive outlining provisions for contractors to request approval to prepare functional, rather than establishment, based plans. Contractors have had varied success in getting such requests approved. It is, however, worth making […]
Most people are aware that Title VII prohibits workplace discrimination on the basis of race and sex. As our page 1 article points out, Title VII cases continue to be brought on a regular basis. It is important, therefore, to remember that Title VII also requires employers to provide a workplace that is free of […]
Public Act 02-136, which takes effect October first, requires employment applications that contain questions concerning the criminal history of the applicant to contain a clear and conspicuous statement that: 1) the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to […]
As mentioned earlier in this newsletter, Connecticut has recently passed legislation affecting employment applications. The following provides further guidance regarding employment applications. 1. Is there a general rule of thumb regarding what employers should and should not ask an applicant? Yes, employers should ask only job-related, nondiscriminatory questions. Generally acceptable areas of inquiry include education […]
Increasingly, employers find themselves battling former employees over the companies’ intellectual property (IP). The seriousness of such disputes was emphasized recently in Santa Clara County California where 6 Avant! employees were convicted in a criminal trade secrets case, and Avant! was ordered to pay $195 million in restitution to Cadence Design Systems, Inc. At the […]
In Clackamas Gastroenterology Associates, P.C. v. Wells, decided on April 22, 2003, the United States Supreme Court held that physicians who perform medical services and manage a relatively small medical practice in the form of a professional corporation may or may not be “employees” under the Americans With Disabilities Act (the “ADA”), depending on whether […]
The Jobs for Veterans Act, which was signed by President Bush in November, 2002, will bring some significant changes to federal contractors’ affirmative action obligations towards veterans. Specifically, for those contracts or subcontracts entered into after December 1, 2003, the threshold amount for coverage under the Vietnam Era Veterans Readjustment Act will increase from $25,000 […]
Effective October 1, 2003, Connecticut employers will be required to allow employees to use up to two weeks of sick leave to attend to a serious health condition of the employee’s child, spouse or parent, or for the birth or adoption of a child. For purposes of the statute, “sick leave” means an absence from […]
The 1985 Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and beneficiaries the right to continue coverage under covered employer-sponsored group health plans in certain situations. The IRS previously issued regulations outlining what plans are subject to the COBRA requirements, which events trigger COBRA continuation rights, and what sort of continuation coverage must be offered. […]
New Department of Labor (“DOL”) guidance provides significant flexibility in charging plan expenses to participant accounts under defined contribution retirement plans, such as 401(k) plans. As a result of this guidance, plan sponsors looking to reduce costs are likely to charge to participants some plan expenses that they now pay themselves, and plan fiduciaries may […]
Recent years have seen the cost of education, particularly at the post-secondary level, rise to staggering levels, outpacing inflation and income growth. The new tax act includes specific provisions addressing the ways in which taxpayers can get an early start on financing a child’s education, two of which are addressed below. Education IRAs. Under the […]
The Economic Growth and Tax Relief Reconciliation Act of 2001 (the”Act”) provides for a gradual phase out of the federal estate and generation-skipping transfer (“GST”) taxes and a modification of the federal gift tax over the next ten years. Although the Act offers the prospect of having one’s estate pass to heirs free of federal […]
A typical estate plan focuses on ensuring that at your death the proper people inherit your assets at the smallest possible tax cost. However, one traditional estate planning tool, a revocable trust (also known as a living trust), can also be useful during your lifetime in the event you become incapacitated or otherwise unable to […]
On October 1, 2004, Public Act 04-158 took effect, amending and expanding the Residents’ Bill of Rights for nursing facilities and chronic disease hospitals, which is set forth in Connecticut General Statute §19a-550. By now, nursing facilities and chronic disease hospitals should have amended the Bill of Rights provided to residents to incorporate these changes […]
The importance of avoiding probate is often exaggerated in articles andseminars. Avoidance of probate, in and of itself, will not reduce thedeath taxes otherwise payable, nor will it totally eliminate the need toaddress some estate settlement issues. Moreover, in some cases, probatecourt oversight can provide invaluable protection for families andindividuals who are at risk of […]
The Connecticut Department of Labor (“DOL”) recently issued new regulations to the Connecticut Family and Medical Leave Act (“FMLA”). The new regulations are designed to incorporate existing federal FMLA regulations, with certain language changes to reflect the differences between the two laws. The following table highlights the major differences remaining between Connecticut FMLA regulations and […]
In recent years, insurance companies have begun to offer Employment Practices Liability Insurance ("EPLI") to employers. These policies grew out of traditional Directors and Officers Liability ("D & O") policies that employers were increasingly trying to invoke in employment suits. While EPLI policies, on the surface, are very appealing, each policy is different and, before […]
In its recent decision in Oncale v. Sundowner Offshore Services, Inc., the Supreme Court presented a unified front on a hotly debated issue with its unanimous holding that Title VII of the 1964 Civil Rights Act prohibits same-sex sexual harassment under the same legal standards as those governing claims of sexual harassment by a member […]
The Equal Employment Opportunity Commission (“EEOC”) has issued a new Enforcement Guidance on Reasonable Accommodation, entitled “Reasonable Accommodation and Undue Hardship under the ADA” (the “Guidance”). The following discussion provides a brief overview of the information the Guidance provides on the following issues: Requesting a Reasonable Accommodation If the employer is unaware of an employee’s […]