Publications
AbstractBefore striking down laws increasing copyright’s domain, judges and legislators are asking for evidence that information products will be created even if copyright protection is not provided. The future of Internet technology depends on locating this evidence in time to limit expansive copyright. United States law, however, already protects information products under copyright. Hence, this […]
The Federal Trade Commission Franchise Rule (FTC Rule)1 does not provide a private right of action,2 but its detailed disclosure standards are a siren call for franchisees looking for a good cause of action. In the fifteen states with state franchise disclosure laws providing a private right of action, franchisees generally assert claims under those […]
The U.S. Department of Justice continues to churn out policies and guidance reflecting the view that it is not merely looking to punish companies for their employees’ misdeeds, but to help the companies get better quicker. Whether viewing the Fraud Section’s recent Evaluation of Corporate Compliance Programs1 or the National Security Division’s Guidance on Voluntary […]
It is no secret that home turf is an advantage. Plants grow best in their native soil and climate. Sports teams win more often on their home court or field.[1] This trope remains true in litigation. An attorney litigating in his or her home court knows the judges and can tailor litigation strategy to the […]
Bradley International Airport now boasts direct service to Dublin, Ireland, Edinburgh, Scotland, and various destinations in Canada. Those entering and leaving the United States through Bradley and other international airports and border crossings should be aware of an important exception to the Fourth Amendment warrant requirement and the corresponding broad authority vested in U.S. Customs […]
Wiggin and Dana partners, Mark Heaphy and Tamia Simonis, are the contributing authors of the chapter on USA outsourcing for the International Comparative Legal Guide to: Outsourcing 2017. To read the full guide, click on the printable PDF link at the top or bottom of this page or read the content online
With the enactment of the Hatch-Waxman Act, Congress spurred generic competitors to enter the market and lower the cost of expensive, brand-name pharmaceuticals. At the same time, to incentivize new drug development, the act provides limited regulatory exclusivity periods for drug innovators.[1] As a product’s market exclusivity period wanes, drug innovators may use creative and […]
Wiggin and Dana Intellectual Property Partner, Michael Kasdan, co-authored an article with Merav Shor, for Practical Law Intellectual Property & Technology, called Tracking Technologies: Privacy and Data Security Issues. This article provides an overview of the privacy issues surrounding common consumer tracking techniques, including online behavioral advertising, mobile device and precise geolocation tracking, geofencing, and […]
The announcement by Michael Flynn, the former national security adviser, that he wouldn't respond to a subpoena from the Senate Intelligence Committee—requesting a list of contacts with Russian officials—had TV news producers (and members of Congress) scrambling to get Fifth Amendment experts on the line. But Flynn wasn't breaking new ground: Two years earlier, when […]
The Supreme Court of Pennsylvania recently joined the majority of other jurisdictions that in holding that a policy providing an exclusion for an employee of the insured meant an employee of the insured seeking coverage under the policy, but not of any of the other insureds under the policy, or even of the Named Insured. […]
Contractual liability exclusions are frequently found in commercial general liability policies. These exclusions prevent coverage for bodily injury or property damage, which the insured is obligated to pay — not because it has some tort-based liability, but because the relevant risk is assumed by the insured in a separate contract. However, these policies often contain […]
Wiggin and Dana Intellectual Property Partners, Joe Casino and Mike Kasdan, authored the publication, Patent Litigation: Mapping a Global Strategy, which outlines key strategic considerations for patentees seeking to file patent infringement suits against an alleged infringer in more than one jurisdiction, in particular, the differences between key jurisdictions in timing, procedure, and substantive patent […]
Your client is “Speedboard,” a Missouri corporation with its principal place of business in New Haven, Connecticut. Your client manufactures skate boards and sales are world-wide. The plaintiff is a 35 year old father who “borrowed” his son’s board for a “joy ride.” During that ride the board unexpectedly gathered speed, the father lost his […]
For several years, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) has been gathering information and issuing instructive guidance to investment advisers for protecting against cybersecurity intrusions. But with the announcement of its second round of cybersecurity examinations in September 2015—as well as a recently settled enforcement action against an […]
In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA) to curb the use of unwanted robocalls and spam faxes, which were inundating consumers. For years, there was little litigation involving the law. As recently as 2007, there were only 14 TCPA lawsuits filed in federal court. But litigation has skyrocketed. Last year, there were […]
By granting cert and agreeing to hear an appeal from the Ninth Circuit Court of Appeals’ decision in United States v. Salman, 792 F.3d 1087 (9th Cir. 2015), the U.S. Supreme Court may clarify the scope of the “personal benefit” prong of insider trading law. Clarity on this aspect of insider trading law could be […]
Introduction This article will cover two topics: (1) potential charges to consider in cultural property prosecutions, and (2) authentication and appraisal of cultural property. It is based on a presentation for “The Prosecution of Cultural Property Crime,” an online training program created in conjunction with the U.S. State Department that is available on LearnDOJ for […]
Justice Antonin Scalia’s untimely death has renewed speculation about how the Supreme Court may decide the fate of university affirmative action in Fisher v. University of Texas. It’s worth taking another look at the multitude of amicus briefs in that case, one of which sparked Scalia’s controversial comments during oral argument that minority students might […]
In the 2014 case Daimler AG v. Bauman, the U.S. Supreme Court held that a state has general personal jurisdiction over only those corporations that incorporate or maintain a principal place of business in the state, or otherwise have such substantial, continuous, and systematic “contacts” that the corporation is “essentially at home” in the state. […]
Over twenty years ago, the Second Circuit remarked that virtually no caselaw exists interpreting the United Nations Convention on Contracts for the International Sale of Goods (CISG), a newly enacted treaty governing the international sale of goods with uniform rules of contract formation and interpretation.1 Today, with over eighty signatory countries, including the United States, […]
It is never a good time to be an individual under criminal investigation. While corporate punishment is often harsh, involving fines, reputational damage and possible suspension and debarment, individuals facing criminal prosecution are confronted with a potential loss of liberty, forfeiture and fines. Every decision made in response to a criminal investigation is significant. The […]
The Connecticut Unfair Trade Practices Act (“CUTPA”), like the Federal Trade Commission Act, prohibits “unfair acts and practices.” Hoping to draw from the federal government’s experience, the Connecticut General Assembly requires courts to use federal interpretations of the FTC Act as a guide for interpretations of CUTPA.1 In many ways, Connecticut courts have followed this […]
So far this year, the U.S. Court of Appeals for the Second Circuit has decided issues ranging from securities law to what it means to be “Hispanic.” From that broad range, this quarterly review focuses on three cases of particular interest to Connecticut practitioners. The cases tackle issues such as courts’ overzealous gatekeeping with regard […]
In general, once a jury has been discharged, the trial judge cannot recall the jury to reconsider the verdict it rendered. The reasoning behind this principle is that jurors may have discussed the case with others or been exposed to outside influences and may no longer be able to act fairly and without prejudice. In […]
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 […]
Aimed at reducing the exorbitant costs of discovery, and accelerating the pace of litigation in general, the latest amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015. Five years in the making, they are widely viewed as comprising “the biggest change in discovery and case management in at least 15 […]
Employers looking to heighten available protection of valuable trade secrets are welcoming the arrival of the Defend Trade Secrets Act, a federal statute that went into effect May 11. The DTSA permits trade secret owners to file misappropriation claims in federal court, but only those owners who first implement some important changes to confidentiality agreements […]
The U.S. Supreme Court cast a shadow over software patents with its landmark decision in Alice Corp. Pty Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355 (2014). As Justice Clarence Thomas bluntly put it, “[s]tating an abstract idea while adding the words ‘apply it with a computer’” is not enough to invoke patent […]
Introduction With the rapid progression of technology, companies both large and small are increasingly doing business on a global scale. These companies often consider a global strategy to protect their intellectual property, which is central to their goal of maintaining a large global presence. While treaties such as the Madrid Protocol and Patent Cooperation Treaty […]
On Dec. 10, 2014, the Second Circuit decided United States v. Newman, 773 F.3d 438 (2d Cir. 2014), cert. denied, 136 S.Ct. 242 (2015). The court held that in order to prove that a tipper of insider information received in exchange for the tip a personal benefit sufficient to create liability, the government must offer […]