Publications
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 and Tim Diemand 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 for attorneys […]
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. TABLE OF CONTENTSI. Exemptions A. Legislative Changes Personnel Training Services Sale and Leaseback Arrangements Patient Care Services by Hospitals Vessels Renovation and Repair Services of Residential Property Building Material Suppliers Repair, Replacement and Enhancement Parts […]
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 Connecticut Income Tax Rates Filing Status Tax Rates are 3% for the first . . . Single or Married Filing Separately $10,000 […]
[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 I. INTRODUCTION The European Patent Convention (EPC) provides a vehicle for obtaining patent protection in any or all eighteen member countries with a single […]
Introduction Trusts are frequently used by our clients as a component of an overall wealth transfer strategy. The trust terms often create the potential for distributions to multiple generations of beneficiaries. This Alert describes an important change in the tax law that will affect clients who have created such trusts. New Law Changes GST […]
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.
Show me the Money! Maximizing Monetary Recovery in Franchise Cases I. Introduction Show Me The Money! Is this the famous Rod Tidwell clarion call from the film Jerry Maguire or a shrill plea from your client after having just filed your latest franchise case? If it is the latter and you have no counseling your […]
Hillary Clinton's use of private email servers, the plundering of 500 million Yahoo! accounts, the Aadhaar case and Snowden's disclosures on NSA spying are developments that dramatically demonstrate that while technology is growing by leaps and bounds, the law unfortunately has not kept pace. Technology now has a profound impact on every sphere of the […]
Abstract: By most accounts, the December 2012 Doha Round negotiations achieved little. The continued failure of member governments to reach consensus increases the risk of a catastrophic rise in global emissions. The current impasse is due in no small measure to the expressed concern of the United States that a climate change treaty will end […]
Checking corruption in India is a Herculean endeavour by any reckoning, and the higher courts have done a noble job of exposing some of the most egregious attempts to rob the exchequer. In the process, they have broken new ground in jurisprudence that could make it easier to catch the bad guys. “Judges must know […]
This article was first published on December 29, 2008. Archaic printing press laws are antithetical to creativity in these times. The question is: was the legal shield of copyright invented to be used to discourage other creators or to provide publishers with control over subsequent creators? India can lead the world by crafting a new […]
The adoption controversy that erupted last year drew attention to the many ills that clog the wheels of adoption in India. But merely punishing the guilty will not ensure sweeping changes. At the very outset, the need for change must recognise the disparities that exist, as for instance, the procedural differences between in-country vs inter-country […]
At present, in legal parlance, both opinion and exit polls are treated equally, for the Constitution as per rights framed under Article 21 does not allow either to be banned. But while the continued legal protection of opinion polls remains unassailable, to extend this exalted status to exit polls, when in certain instances of extended […]