Publications
Effective Immediately CEO/CFO certification of periodic reports under criminal provision. Prohibition on personal loans to any director or executive officer. Whistleblower protection. Stiffer penalties for the violation of any securities laws. Forfeiture of bonuses and stock profits by CEOs and CFOs in the event of a restatement. New criminal securities fraud statute created. Expanded criminal […]
The United States Patent & Trademark Office (USPTO) released a report on June 3, 2002 entitled “The 21st Century Strategic Plan.” The 388-page Plan outlines the USPTO’s major goals and initiatives for the next five to ten years. The full text is available on the USPTO’s web site. This Advisory summarizes the key points of […]
On June 17, 2003, we issued an alert outlining developments in the litigation between International Business Machines Corporation (“IBM”) and Caldera International, Inc., a company that also does business through the entity The SCO Group, Inc. (“SCO”). On July 23, 2003 we followed up summarizing the offer of so-called remedial measures made by SCO to […]
In 2006 the National Conference of Commissioners on Uniform State Laws approved the Uniform Prudent Management of Institutional Funds Act (“UPMIFA”) and recommended that it be adopted in all states. UPMIFA has now been proposed for consideration in the current session of the Connecticut General Assembly. If enacted into law, UPMIFA will replace the Connecticut […]
As educational institutions begin deciding whom to admit this year, they should not overlook the two United States Supreme Court (“Supreme Court”) decisions involving the University of Michigan’s (“Michigan”) law school and undergraduate admissions policies, Grutter v. Bollinger and Gratz v. Bollinger. Three essential points emerge from these decisions.
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 […]
The following paper was originally presented on April 28th, 1998 at the FOURTEENTH ANNUAL JOINT PATENT SEMINAR hosted by the New Jersey Intellectual Property Association. "Oh! The old swimmin'-hole! When I last saw the place The scene was all changed , like the change in my face."James Whitcomb Riley (1849-1916) I. ABSTRACT The Patent Office […]
This paper was originally presented on April 17, 1996 at the TWELFTH ANNUAL JOING PATENT SEMIAR hosted by the Connecticut Patent Law Association. “It ain’t over till it’s over.” Yogi Berra, American League M.V.P. Awardin 1954 and 1955 playing for the N.Y. Yankees Baseball Team. “It ain’t over even after it’s over!” Robert E. Rich, […]
On Wednesday, March 21, 2001, the United States Supreme Court issued a significant ruling in Circuit City Stores, Inc. v. Adams that greatly expands the ability of employers to keep employment-related disputes out of court and direct them to arbitration. The Case Mr. Adams brought suit against Circuit City alleging that he had been harassed […]
[Reprinted with permission from The Law Works Volume 2, No. 12 (December, 1995) p. 6.] BACKGROUND DISCUSSION The Antitrust Guidelines for Intellectual Property (hereinafter “IP”) Licensing (hereinafter “the Guidelines”), issued jointly by the Justice Department and the FTC (hereinafter collectively referred to as “the Agencies”) on April 6, 1995, will undoubtedly have a significant impact […]
Much attention has focused recently on proposed federal regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) containing, among other things, standards for security and privacy of patient-identifiable health information. By the end of this year, we expect to be fully launched into implementing the final HIPAA regulations. These requirements, together with […]
In recent years, corporations have been concerned, justifiably, about an advisory opinion issued by the Federal Trade Commission in April 1999. That opinion interpreted the federal Fair Credit Reporting Act (the “FCRA”) to cover internal investigations of employee misconduct when those investigations were conducted by experienced outside law firms. Under this interpretation, employers would be […]
Introduction In the sale of a business, the difference between headline purchase price and net payment to the equityholders can be significant. Seller may have negotiated an attractive multiple to determine enterprise value, but there is often more to calculating the net payment than applying ownership percentages to that enterprise value. The deal may call […]
You're an entrepreneur looking to fund a new company. How should you finance your venture? In this article, we review the most common types of securities used in financing emerging companies, and highlight key issues worth considering for each. Equity One common option for funding a new venture is to issue equity. In other words, […]
Wiggin and Dana Partners Michael Menapace, Tim Diemand, and Joe Grasso have edited and updated the Second Edition of The Handbook on Additional Insureds. ABA Publishing has described this book as, …one of the most popular books published by the ABA's Tort, Trial, and Insurance Practice section, The Handbook on Additional Insureds covers crucial ground […]
Dear Clients and Friends: Our Emerging Companies and Private Equity Practice Group is issuing to our clients and friends this “Alert” which was prepared by our Employee Benefits Practice Group. We wanted to share the significant changes to Section 409A of the American Jobs Creation Act with you, which may require some immediate action. Please […]
Anyone setting out to read the universe of reported cases of federal criminal prosecutions related to document destruction would not be occupied very long. Only a handful of such cases exist. They include destruction of materials sought by civil plaintiffs, the SEC, the FBI and Congress. Notably, almost all of these cases involved the destruction […]
uring the current economic downturn, more and more officers and directors find themselves managing the affairs of financially strained corporations. Hardly a day passes where the news is not full of stories scrutinizing the actions or inactions of officers or directors of a troubled public corporation. For better or worse, the spotlight now shines brightly […]
The Connecticut Department of Children and Families (“DCF”) has adopted new Guidelines for Mandated Reporters (“Guidelines”) that describe the kinds of sexual activity involving minors that require a report of suspected abuse to the DCF Hotline. These Guidelines recognize that a report is not automatically required when there is voluntary sexual activity between a child […]
On June 6, 2003, the Court of Appeals for the Federal Circuit (CAFC) reinvigorated research tool patents when it held that the use of patented peptides for drug discovery research constituted infringement and was not exempt under the safe harbor provided by 35 USC §271(e)(1). Integra Lifesciences LTD et al. v. Merck KgaA et al., […]
Presented at the Ninth Annual Connecticut State Tax Issues Update ’99 November 11, 1999. Reprinted with permission from PESI. I. Overview of Income Tax A. Tax Rate 1. Income Tax Rate The Connecticut alternative minimum tax is a tax imposed on individuals, estates and trusts in addition to the regular Connecticut income tax. Taxpayers who […]
[Reprinted with permission from The Connecticut Law Tribune Magazine Title Insurance July 6, 1998] A snapshot of endorsements that may be available to owners in connection with commercial development projects, ranging from the familiar to the obscure. The basic insurance coverage afforded by an owner’s title insurance policy includes, of course, numerous exclusions from coverage. […]
April 20, 1999 Paper given at the 15th Annual Joint Seminar of the Philadelphia, New Jersey, and New York Intellectual Property Law Associations and the Connecticut Patent Law Association, Philadelphia, PA The European Patent Convention (EPC) provides a vehicle for obtaining patent protection in any or all eighteen member countries with a single centralized examination […]
Under the banners of “restoring fairness” to the system and protecting the “integrity of our markets,” the Securities and Exchange Commission adopted new rules last month addressing the selective disclosure of material, non-public information by public companies. SEC Release Nos. 33-7881, 34-43154, IC-24599 (August 10, 2000). Regulation FD (Fair Disclosure) takes effect on October 23, […]
The Decision In a decision released on January 8th, the United States Supreme Court limited the reach of the Americans with Disabilities Act (“ADA”). The unanimous ruling in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams is good news for employers who are concerned about the extent of the ADA’s duty to reasonably accommodate employees with […]
[Reprinted with permission from The Connecticut Law Tribune Magazine Trusts & Estates June 22, 1998.] Special tax, valuation and transfer problems make estate planning for intellectual property owners a challenge.The creators of intellectual property have estate planning needs that distinguish them from other clients. The intellectual property may create significant income potential and yet is […]
For entities that are required to comply with HIPAA, staying abreast of recent HIPAA developments is an essential risk management strategy. Given the complexity of the HIPAA regulations, the fast pace of technology development, and the austere ramifications of a violation, it may be difficult to decide how to best allocate compliance resources. Taking stock […]
Michael Kasdan, a partner in the Intellectual Property Litigation practice of Wiggin and Dana, has contributed a chapter to the Oxford Handbook of Intellectual Property Law. Please click here to view his chapter on Patent Licensing and Monetization.