Publications

In late November, opponents of the proposed federal rules that would change overtime pay provisions abandoned their attempts to block the rules from going forward. The proposed changes had faced strong opposition from labor unions and had divided Democrats and Republicans along party lines. It is now likely that the revisions will go into effect […]

On December 2, 2003, the United States Supreme Court decided Raytheon Co. v. Hernandez, No. 02-749, an Americans with Disabilities (ADA) case that had been watched for its potential impact on the ability to uniformly enforce employer policies. Unfortunately, the decision left many questions unanswered. Facts of the Case. Joel Hernandez had worked for Hughes […]

OSHA’s National Emphasis Program (NEP), under which it inspected over 800 nursing homes since July 2002, expired on September 30, 2003. OSHA will not renew the program. Instead, in an OSHA directive released on October 20, 2003, it added nursing homes and personal care facilities to its 2003 Site Specific Targeting Program (SST). This change […]

In an important case of first impression in the U.S. District Court for the District of Connecticut, the court, in Parmanand v. Capewell Components, LLC, held in September that contingent attorneys’ fees paid directly by the defendant to the plaintiff’s attorney constitutes gross income to the plaintiff (as well as to the attorney). The Second […]

On October 1, 2003 revisions to Connecticut’s Family and Medical Leave Act (FMLA) went into effect. Connecticut employers must now allow employees to take up to two weeks of accumulated sick leave to attend to a serious health condition of a covered family member or for the birth or adoption of a child. In addition, […]

On September 29, 2006, the National Labor Relations Board (NLRB) issued three related and long-awaited rulings providing guidance on when an employee is deemed a supervisor— and thus ineligible for union representation— under the National Labor Relations Act, 29 U.S.C. §§ 151 et seq. (NLRA). Two of the three cases, Oakwood Healthcare, Inc. and Golden […]

In our last Client Advisory, we discussed the decision in Thomson S.A.v. Quixote Corp . , 166 F.3d 1172 (Fed.Cir. 1999), regarding the assertedinvalidity of a patent based upon prior invention or prior public use byanother, where the proof of such activities was based upon the oraltestimony of two witnesses absent corroborating documentation. In aseeming […]

Websites have become an increasingly popular marketing tool and medium for the distribution of company information. Though the information is generally aimed at customers, when a company is publicly traded, existing or potential stockholders also have access to the information, which may include financial data, stock prices, links to analysts’ reports and SEC filings. When […]

An increasing number of U.S. companies are viewing the development of foreign markets as a central component of their business strategy. As a result, the number of international joint ventures has expanded dramatically over the past several years. In light of the substantial cultural, linguistic and regulatory hurdles involved in starting an overseas operation from […]

In 1998, the Court of Appeals for the Federal Circuit held that a mutualfund processing system constituted a useful application of amathematical algorithm and was thus entitled to patent protection. StateStreet Bank and Trust v. Signature Financial Group , 149 F.3d 1368, 47USPQ2d 1596 (Fed. Cir. 1998). The decision has created a boom in patentapplications […]

The 2003 legislative session was active, and resulted in significant legislation applicable to utilities and regulated industries. The session included an update to Connecticut’s 1998 electric deregulation legislation and addressed infrastructure improvements, to extend the moratorium on electric and gas transmission line construction across Long Island Sound and numerous changes to the Siting Council’s governing […]

The current war against terrorism and post-war involvement with Iraq warrants a quick review of the recently enacted Service Members Civil Relief Act, 50 U.S.C. App. 501, Pub. L. No. 108-189,117 Stat.2835 ( effective Dec. 19,2003). This Act is a restatement, clarification and revision of the Soldiers’ and Sailors’ Civil Relief Act of 1940 , […]

April 2003 has arrived and with it key milestones on each HIPAA front. This update addresses the status of each major HIPAA component, including the recently adopted final Security Rule. A. Final Privacy Compliance: Still a Few Loose Ends On April 14, we will celebrate with many of you the near completion of many months […]

April 2003 has arrived and with it key milestones on each HIPAA front. This update addresses the status of each major HIPAA component, including the recently adopted final Security Rule.

In January 2002, Congress enacted and President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act. This statute, which EPA refers to as the “Brownfields Law,”changed the liability picture for parties who face the potential for suit under the Comprehensive Environmental Response, Liability, and Compensation Act, popularly known as CERCLA or Superfund (codified […]

In a long-anticipated move, the Federal Trade Commission (the “FTC”) on March 8, 2005 published important revisions to the premerger notification rules applicable to acquisitions of interests in partnerships and other unincorporated entities, such as limited liability companies (“LLCs”), under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (the “HSR Act”). The amendments to the rules, […]

In my last Update I told you about some good Mississippi justice and pointed out that while the trial courts in that state can be quite unfriendly to foreign product manufacturers the Mississippi Supreme Court is building a reputation for fairness. The same is also true in Texas.

Warm feelings of affection may prompt one to make monetary gifts to loved ones. But those feelings can rapidly chill if the donor unexpectedly finds out that taxes are due on the gift. Donors who are considering making gifts in order to transfer wealth and shift income to the next generation also need to factor […]

This interim final rule establishes rules of procedure for the imposition, by the Secretary of Health and Human Services, of civil money penalties on entities that violate standards adopted by the Secretary under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (‘‘HIPAA”).

The Staff of the Securities and Exchange Commission (the “SEC”) recently proposed new rules that would require domestic and foreign issuers that use US GAAP (and eventually those that use IFRS) to submit their financial statements in XBRL format. “XBRL” stands for eXtensible Business Reporting Language, a set of extensions that allow data to be […]

Though the words are often used interchangeably in casual conversation, domicile and residence are two distinct legal concepts. Your domicile is the place you intend to make your home. You may be a resident of more than one state, but you are domiciled in only one state. Domicile is indicated by a number of factors, […]

The Texas Supreme Court recently issued a significant decision concerning a plaintiff’s burden when attempting to prove causation in a toxic tort case. Borg-Warner Corp. v. Flores concerned a retired automobile mechanic who had repaired and replaced brakes for more than 35 years. Flores claimed that he suffered from asbestosis as a result of extensive […]

Effective October 1, 2004, registered nurses (“RNs”) may sign the medical portion of a death certificate when they have been authorized to pronounce death of nursing home, hospice or home care patients. The new law, Public Act No. 04-255, An Act Concerning Funeral Directors and Vital Records, also permits advance practice nurses (“APRNs”) and physician […]

Wiggin and Dana patent attorneys and our clients have endured long delays between the filing of an application for a United States Patent and grant of that patent. Indeed, it is not uncommon for several years to lapse before an application receives an initial examination. Beyond frustration with the delay, the enforceable period of a […]

Organizations asking for your financial support often mention that contributions “may be tax deductible.” The deductibility of charitable contributions for federal income tax purposes is subject to a variety of limits and restrictions. Outlined below is information to help you understand the applicable rules relating to charitable contributions made by individuals.

I didn’t think I’d be writing again so soon but just after I sent off Update #8 I learned that yesterday New York federal judge Robert Sweet (great name for a judge deciding an obesity case!) again dismissed the overweight teenagers’ case against McDonald’s. Just two weeks ago I reported (in Update #7) that despite […]

For years, some of the more challenging tax and estate planning problems have involved distributions from qualified retirement plans, §403(b) annuities, IRSs and other tax-advantaged retirement vehicles. Proposed regulations issued by the Internal Revenue Service in 2001, however, made sweeping changes, substantially liberalizing the required minimum distribution rules and other technical requirements. Final regulations have […]

This guidance explains and answers questions about key elements of the requirements of the HIPAA Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule). The Department of Health and Human Services (HHS) published the Privacy Rule on December 28, 2000, and adopted modifications of the Rule on August 14, 2002.

This guidance explains and answers questions about key elements of the requirements of the HIPAA Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule). The Department of Health and Human Services (HHS) published the Privacy Rule on December 28, 2000, and adopted modifications of the Rule on August 14, 2002.

In a unanimous decision, the United States Supreme Court in Chevron U.S.A., Inc. v. Echazabal upheld an Equal Employment Opportunity Commission (“EEOC”) regulation authorizing an employer to refuse to hire an individual because his performance on the job would endanger his own health due to a disability. Facts: Mario Echazabal worked for Chevron U.S.A., Inc. […]