Author Info for Robinson & Cole LLP

Wystan Ackerman

Exceptions to Class Action Fairness Act Jurisdiction Addressed by First Circuit

In class actions involving more than one defendant and at least one local defendant, two exceptions to jurisdiction under the Class Action Fairness Act (CAFA) potentially come into play. The “home state” exception applies if…more

CAFA, Class Action, Class Members, Home State Exception, Jurisdiction

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Lisa Andrzejewski

NY Prompt Pay Act for Private Construction Caps Retainage at Five Percent

New York’s Prompt Pay Act, which sets the standards that govern private commercial construction contracts exceeding $150,000, was amended effective November 17, 2023. The Amendment known as Senate Bill 3539 provides two…more

Amended Regulation, Construction Contracts, Construction Disputes, Construction Project, Contract Terms

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Nathaniel Arden

Connecticut Governor Signs Bill Prohibiting Health Care Providers from Reporting Medical Debt to Credit Reporting Agencies

On May 9, 2024, Connecticut Governor Ned Lamont signed into law Public Act No. 24-6, “An Act Concerning the Reporting of Medical Debt,” (The Act). The Act prohibits health care providers from reporting medical debt to credit…more

Connecticut, Consumer Reporting Agencies, Health Care Providers, Healthcare, Hospitals

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Stephen Aronson

Legal Update: General Counsel Memorandum Urges NLRB to Find Certain Non-Compete Agreements and Stay-or-Pay Provisions Unlawful

On October 7, 2024, the National Labor Relations Board’s (Board) General Counsel, Jennifer Abruzzo, issued a memorandum urging the Board to find certain non-compete provisions unlawful and to remedy any related infringement on…more

Employment Contract, NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements

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Bradford Babbitt

Welcome to the Fall 2014 Issue of Appellate News!

In This Issue: - Appeals Begin At The Trial Stage, Not After - Robinson+Cole Wins At The Second Circuit - The Dangers Of Mootness Hiding In Plain Sight - Excerpt from Appeals Begin At The Trial…more

Appeals, Mootness, Pro Se Litigants

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Kenneth Baldwin

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Jessica Bardi

New Massachusetts DEP Regulations Target Cape Cod Septic Systems

The Massachusetts Department of Environmental Protection (DEP) has promulgated new regulations intended to reduce nitrogen loading from septic systems in sensitive coastal estuaries and embayments in the Commonwealth, with an…more

Coastal Real Estate, Construction Project, Environmental Policies, New Legislation, Property Owners

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Megan Baroni

EPA Releases PFAS Strategic Roadmap Third Annual Report

As the Biden-Harris administration draws to a close, EPA has issued its third annual report touting the progress made under the PFAS Strategic Roadmap. In the report, EPA notes the major legal, technical, and policy…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Joseph Barra

The Massachusetts Prompt Pay Statute: A Cautionary Tale for Those Who Don’t Read the Fine Print

In a recent decision likely to have a significant impact upon the way private construction projects in Massachusetts are managed, the Superior Court recently construed the Massachusetts Prompt Pay Statute in the way the Statute…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Delay Claims

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Bruce Barth

New Reporting Requirements for Governmental Plans in Connecticut

On June 27, 2023, Governor Lamont signed House Bill 6930 into law as Public Act 23-182 (Act). The Act requires municipalities and other governmental employers to provide information to the Office of the State Comptroller…more

Connecticut, Employee Benefits, Public Acts, Public Employers, Reporting Requirements

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Patrick Begos

EBSA Issues Guidance On Disclosure of Phone Call Recordings

The Employee Benefits Security Administration issued Information Letter 06-14-2021 stating that 29 C.F.R. § 2560.503-1 requires plan fiduciaries to disclose, on request, recordings and/or transcripts of phone calls between the…more

Claim Procedures, Disclosure Requirements, EBSA, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Gregory Bennici

Ninth and Second Circuit Courts of Appeals Rule that Preauthorization Process Does Not Impose Independent Contractual Liability on Issues of First Impression in Both Circuits

Within days of one another, the U.S. Court of Appeals for the Ninth and Second Circuits ruled—on issues of first impression for both—that ERISA expressly preempts state law breach of contract and promissory estoppel claims…more

Breach of Contract, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Health Insurance

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Kendra Berardi

Massachusetts Enacts H. 4647 – Establishing Broad Eviction and Foreclosure Moratorium During COVID-19 State of Emergency

On April 20, 2020, Massachusetts enacted a statewide moratorium on a broad swath of evictions and foreclosures during the COVID-19 state of emergency. A copy of the new law, adopted through House Bill No. 4647. The moratorium…more

Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure, Moratorium

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Garry Berman

Paid Sick and Family Leave Legislation in Response to Coronavirus

As the novel coronavirus (COVID-19) continues to sweep the nation, the "Families First Coronavirus Response Act" (the Act) was approved by Congress and signed into law by the President on March 18, 2020 in an attempt to respond…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Sick Leave, Sick Pay

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Michael Bernstein

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Patrick Birney

An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under the Bankruptcy Code’s New Subchapter V

The Small Business Reorganization Act of 2019 (SBRA) aims to simplify and shorten the Bankruptcy Code’s reorganization process for small-business debtors, making Chapter 11 more accessible. Effective as of February 2020,…more

Affiliates, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Publicly-Traded Companies

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Steven Boyajian

Let The Buyer Beware—The Pitfalls of Buying Claims In Bankruptcy Cases

Bankruptcy court decisions from New York, Wilmington, and Chicago provide a costly reminder to bankruptcy claim purchasers that the principle of caveat emptor is alive and well. The sale of bankruptcy claims has become…more

Commercial Bankruptcy, Contract Terms, Due Diligence, Risk Management, Transfer of Claims

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Lisa Boyle

Health Law Diagnosis - January 2023

New York Governor Vetoes Act Prohibiting Establishment and Expansion of For-Profit Hospices - On December 23, 2022, New York Governor Kathy Hochul vetoed Assembly Bill Number A8472 “An Act To Amend The Public Health Law, In…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, For-Profit Corporations, Governor Vetoes, Health Care Providers

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Trevor Bradley

Legal Update: Court Halts Enforcement of FTC Non-Compete Final Rule

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas entered summary judgment in favor of the plaintiffs and set aside the Federal Trade Commission’s (FTC) Final…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Dan Brody

DOJ Announces Significant Corporate Compliance Initiatives

The U.S. Department of Justice (DOJ) recently announced several new policies and programs aimed at incentivizing corporate compliance. These programs underscore the need for companies to investigate, mitigate and resolve…more

Compliance, Cooperative Compliance Regime, Corporate Culture, Corporate Misconduct, Corruption

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Christine Bromberg

Deferring Capital Gains Taxes – Opportunity Zone Investments

On October 19, 2018, the IRS issued proposed regulations and other guidance on the eligibility and procedures for taxpayers to elect to defer capital gains by investing in economically distressed communities throughout the…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investment Opportunities

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J. Tyler Butts

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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David Carney

Recent Federal Strike Force Prosecutions Serve as Warning to U.S. Manufacturers and Other Exporters

The recent enforcement activities of the newest federal strike force serve as a warning to U.S. manufacturers and other businesses involved in the export of products that the government is doubling down on prosecuting trade…more

Compliance, Criminal Prosecution, Cybersecurity, DOJ Strike Force, Economic Sanctions

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John Casey

First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1

In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two Vineyard…more

BOEM, Clean Energy, Endangered Species, Endangered Species Act (ESA), Energy Projects

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Dennis Cavanaugh

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation…more

American Arbitration Association, Arbitration, Construction Contracts, Construction Disputes, Construction Project

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Julianna Charpentier

IP+T: Intelligence Newsletter - Q4 2019

When Trade Secrets or Confidential Business Information Are Stolen, Can You Recover Pre-Judgment Interest in Massachusetts? If your company’s confidential business information or trade secrets are stolen, in Massachusetts you…more

Confidential Information, Intellectual Property Litigation, Intellectual Property Protection, Litigation Strategies, Misappropriation

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Tiange Chen

Data Privacy + Cybersecurity Insider - March 2024 #2

CYBERSECURITY - CISA, FBI + MS-ISAC Issue Warning on Phobos Ransomware - To help organizations protect against ransomware, CISA, the FBI, and the Multi-State Information Sharing and Analysis Center (MS-ISAC) released a…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, Consumer Privacy Rights, Cybersecurity, Data Privacy

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Stephen Clancy

The Water Exclusion: New York’s Fourth Department Interprets The Definition of Surface Water

The “Water Damage” exclusion incorporated in many property insurance policies is the subject of much litigation, including the scope and applicability of the “surface water” exclusion to various water damage scenarios…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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Ian Clarke-Fisher

Legal Update: Court Halts Enforcement of FTC Non-Compete Final Rule

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas entered summary judgment in favor of the plaintiffs and set aside the Federal Trade Commission’s (FTC) Final…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Britt-Marie Cole-Johnson

Legal Update: Ring in the New Year with New York and New York City Employment Law Updates

Lawmakers in the city and state of New York were busy in 2024 enacting various labor- and employment-related legislation that is already impacting the workplace…more

Anti-Discrimination Policies, Compliance, Employee Rights, Employer Liability Issues, Employer Responsibilities

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John Cordani

Supreme Court Decision Could Increase Copyright Trolling in the Second Circuit

Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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Christopher Costain

Legal Update: Ring in the New Year with New York and New York City Employment Law Updates

Lawmakers in the city and state of New York were busy in 2024 enacting various labor- and employment-related legislation that is already impacting the workplace…more

Anti-Discrimination Policies, Compliance, Employee Rights, Employer Liability Issues, Employer Responsibilities

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Curtis Crowther

Buyer Beware: Delaware Court of Chancery Declines to Blue-Pencil Restrictive Covenant in M&A Transaction

On October 6, 2022, in Kodiak Building Partners, LLC v. Philip D. Adams, C.A. No. 2022-0311-MTZ (Oct. 6, 2022), the Delaware Court of Chancery found that a restrictive covenant entered into in connection with an asset purchase…more

Asset Purchase Agreements, Business Disputes, Business Litigation, Contract Terms, Corporate Counsel

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Candace Cunningham

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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William Daley

COVID-19: Governor Baker Issues Order Closing All “Non-Essential” Businesses Until April 7, 2020

In response to the COVID-19 pandemic, as of this writing, a growing number of states, including California, Illinois, Connecticut, New York, New Jersey, Ohio, Illinois, Pennsylvania and Wisconsin, as well as large cities, such…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans

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Kevin Daly

Recent Federal Strike Force Prosecutions Serve as Warning to U.S. Manufacturers and Other Exporters

The recent enforcement activities of the newest federal strike force serve as a warning to U.S. manufacturers and other businesses involved in the export of products that the government is doubling down on prosecuting trade…more

Compliance, Criminal Prosecution, Cybersecurity, DOJ Strike Force, Economic Sanctions

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Benjamin Daniels

DOJ Announces Extension of Voluntary Self-Disclosure Guidance for Misconduct Discovered Through M&A Due Diligence

On October 4, 2023, the U.S. Department of Justice (DOJ) announced a uniform approach for the resolution of voluntary self-disclosure (VSD) of misconduct discovered during M&A due diligence. The Mergers & Acquisitions Safe…more

Compliance, Cooperation, Corporate Crimes, Corporate Misconduct, Corruption

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Emily Deans

EPA Turns Up the Pressure on Chemical Release Prevention and Preparation

On May 10, 2024, extensive revisions recently adopted by the Environmental Protection Agency (EPA) to the Risk Management Program (RMP) regulations (40 CFR Part 68) will take effect. The revisions, dubbed by EPA as the “Safer…more

Chemicals, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Pollution Control

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Raymond DeMeo

Texas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects Insured’s Claim for Covered “Resulting Loss”

When does an excluded loss end and a covered “resulting loss” begin? This thorny question was the subject of a recent decision out of the Southern District of Texas, EMS USA, Inc. v. The Travelers Lloyds Insurance Co., No…more

Builders Risk Insurance, Cross Motions, Denial of Insurance Coverage, Energy Sector, Faulty Workmanship

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Jason DePatie

Residence Premises Condition: New York Trial Court Grants Summary Judgment Based On a Finding of A “Feigned” Affidavit

A New York trial court recently granted an insurer’s motion for summary judgment pursuant to the “Residence Premises Condition” contained in a homeowner’s insurance policy. Aschmoneit v. Adirondack Insurance Exchange, 2018 N.Y…more

Homeowner's Insurance, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Andrew DePeau

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Alice DeTora

Think You Can Verify Salaries? Think Again: Massachusetts Passes Comprehensive Pay Equity Law, Bans Pay History Inquiries

On August 1, 2016, Massachusetts joined a growing state and federal trend by passing a comprehensive “pay equity” law. Indeed, the focus on equitable pay has been a major priority for the Obama Administration since 2009, when…more

Equal Pay, Fair Pay Act, New Legislation, Pay Equity Laws, Pay Secrecy

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Natale DiNatale

Legal Update: Three Major NLRB Updates Pose New Challenges for Employers

As employers anticipate possible changes in labor policy stemming from the recent presidential election, they should also consider two recent National Labor Relations Board (Board) decisions and a General Counsel (GC) Memorandum…more

Collective Bargaining, Employee Rights, Labor Relations, NLRA, NLRB

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Kathleen Dion

Department of Education Releases Issue Papers to Strengthen Program Integrity and Institutional Quality

On January 2, 2024, the Department of Education (DOE) released six issue papers that contain a range of proposals to ensure institutions of higher education and federal student aid programs best serve students. The issue papers…more

Colleges, Department of Education, Educational Institutions, Federal Student Aid, New Guidance

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Thomas Donlon

Ninth Circuit Rejects RLUIPA Facial Challenge

Religious entities that wish to short-circuit the often lengthy zoning application process are tempted to bring a facial challenge under RLUIPA. As the decision in Calvary Chapel Bible Fellowship v. County of Riverside, 948…more

Churches, Real Estate Development, Religious Discrimination, Religious Institutions, RLUIPA

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Jennifer Driscoll

Legal Update: General Counsel Memorandum Urges NLRB to Find Certain Non-Compete Agreements and Stay-or-Pay Provisions Unlawful

On October 7, 2024, the National Labor Relations Board’s (Board) General Counsel, Jennifer Abruzzo, issued a memorandum urging the Board to find certain non-compete provisions unlawful and to remedy any related infringement on…more

Employment Contract, NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements

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Conor Duffy

OIG Audit Scrutinizes Hospital Compliance with Price Transparency Rule

In November 2024, the Department of Health and Human Services Office of Inspector General (OIG) published the results of its audit assessing hospital compliance with the federal Hospital Price Transparency Rule (HPT Rule). OIG…more

Centers for Medicare & Medicaid Services (CMS), Compliance, Department of Health and Human Services (HHS), Health Care Providers, Hospitals

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Christopher Eddy

Connecticut’s Amended Environmental Justice Statute: Where Does It Stand?

Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) released a “Connecticut Environmental Justice Public Participation Guidance Document” (‘the Guidance”) concerning the 2023 amendments to…more

Clean Air Act, Connecticut, Environmental Justice, Environmental Policies, Impact Assessments

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Jamie Edmonson

[Webinar] Distressed Company Investing in the COVID-19 Environment - May 12th, 1:00 pm ET

Investing in distressed entities or their debt or equity can represent attractive opportunities, but not without certain unique challenges, particularly in the post-COVID-19 era. Often these transactions occur out of court as…more

363 Sales, Commercial Bankruptcy, Coronavirus/COVID-19, Distressed Assets, Distressed Debt

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William Egan

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Ze'-ev Eiger

SEC Adopts Final Rules Related to SPAC IPOs and DeSPAC Transactions

On January 24, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final rules (the “Final Rules”) related to special purpose acquisition companies (SPACs) and de-SPAC transactions.[1] The Final Rules are intended to…more

Capital Markets, Capital Raising, Disclosure Requirements, Final Rules, Initial Public Offering (IPO)

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Steven Elbaum

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Kristen Spirou

Supreme Judicial Court: Short-Term Rentals Not Consistent with Single-Family Residential Zoning

In a ruling that could affect short-term rental owners and municipalities across Massachusetts, the Supreme Judicial Court (Court) held in Styller v. Zoning Board of Appeals of Lynnfield, (June 7, 2021) that short-term rentals…more

Bylaws, Homeowners, Hospitality Industry, Local Ordinance, Rental Property

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Michael Enright

Let The Buyer Beware—The Pitfalls of Buying Claims In Bankruptcy Cases

Bankruptcy court decisions from New York, Wilmington, and Chicago provide a costly reminder to bankruptcy claim purchasers that the principle of caveat emptor is alive and well. The sale of bankruptcy claims has become…more

Commercial Bankruptcy, Contract Terms, Due Diligence, Risk Management, Transfer of Claims

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Gregory Faulkner

Construction Law Zone - July 2020

Robinson+Cole’s Construction Group is pleased to bring you a recap of posts from our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on issues…more

Business Interruption, Construction Contracts, Construction Litigation, Construction Project, Coronavirus/COVID-19

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Linn Freedman

Supreme Court to Hear TikTok Case

The United States Supreme Court announced on December 18, 2024, that it will hear the TikTok ban case and has scheduled oral arguments to be held on January 10, 2025, before the ban’s effective date of January 19, 2025…more

China, Cyber Threats, Data Collection, First Amendment, Mobile Apps

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Brian Freeman

EPA Turns Up the Pressure on Chemical Release Prevention and Preparation

On May 10, 2024, extensive revisions recently adopted by the Environmental Protection Agency (EPA) to the Risk Management Program (RMP) regulations (40 CFR Part 68) will take effect. The revisions, dubbed by EPA as the “Safer…more

Chemicals, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Pollution Control

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Sabrina Galli

Buy American and Buy European

The Buy American Act was originally passed by Congress in 1933 and has undergone numerous changes across several presidential administrations. While the core of the Act has essentially remained the same, requiring the U.S…more

Buy American Act, EU, Goods or Services, Green Deal, Imports

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Michael Giaimo

New Massachusetts DEP Regulations Target Cape Cod Septic Systems

The Massachusetts Department of Environmental Protection (DEP) has promulgated new regulations intended to reduce nitrogen loading from septic systems in sensitive coastal estuaries and embayments in the Commonwealth, with an…more

Coastal Real Estate, Construction Project, Environmental Policies, New Legislation, Property Owners

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Yelena Greenberg

MA and CT Pave the Way for Emergency Contraception Vending Machines

State Law Permitting Dispensation of Emergency Contraception by Vending Machines - Legislation passed in 2022 in Massachusetts and in 2023 in Connecticut removes barriers for college students trying to obtain emergency…more

Abortion, Colleges, Dobbs v. Jackson Women’s Health Organization, Healthcare, Patient Access

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Larry Grijalva

Massachusetts Affordable Homes Act Provides New Opportunities for Owners, Developers, and Contractors

On August 6, 2024, Massachusetts Governor Maura Healey signed the Affordable Homes Act (the Act) into law. The Act aims to counter the rising cost of housing in the commonwealth by implementing new policies and providing funding…more

Affordable Housing, Construction Industry, Housing Developers, Real Estate Development, Real Estate Market

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Anand Gupta

Updates to AIA Contract Applications

The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and…more

AIA Construction Forms, Construction Contracts, Construction Industry, Metadata

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Kathleen Healy

Data Privacy + Cybersecurity Insider - April 2024 #2

CYBERSECURITY - New Threat: Scattered Spider International Coalition of Hackers - Cyber adversaries in China and Russia continue to be a formidable threat to U.S. based companies. In the past, scams might be detected…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Cyber Crimes, Cybersecurity, Data Breach

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Edward Heath

Legal Update: Key Takeaways: HHS and DOJ’s Health Care Fraud and Abuse Control Program Report

On December 6, 2024, the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) released the Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2023 (the Report). The Report…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers

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Kyle Hepner

USPTO Issues Guidance on Use of AI Based Tools

The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February…more

Artificial Intelligence, Compliance, Good Faith, Intellectual Property Protection, Inventions

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Dana Horton

Freezing Exclusion: Third Circuit Affirms District Court’s Grant Of Summary Judgment To Insurer

Many typical homeowner’s insurance policies contain an exclusion for damages as a result of freezing unless the homeowner uses “reasonable care” to maintain heat in the home…more

Breach of Contract, Denial of Insurance Coverage, Homeowner's Insurance, Insurance Industry, Insurance Litigation

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Ryan Hoyler

Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim

The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the…more

Equal Protection, First Amendment, Fourteenth Amendment, Free Exercise Clause, Religious Discrimination

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Christopher Hug

Congress Extends IRA Qualified Charitable Distribution Rule: Action During 2014 Is Required for Taxpayers Interested in Taking Advantage of This Special Rule

Individuals who act quickly can receive a tax break for distributions in 2014 from an Individual Retirement Account (IRA) to a qualified charity. For the past four years, a distribution of up to $100,000 from an IRA paid…more

Charitable Donations, Income Taxes, Individual Retirement Account (IRA), Tax Extenders

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Kiernan Ignacio

Legal Update: Corporate Transparency Act Enforcement Resumes with Extended Deadlines

On December 23, 2024, the Fifth Circuit Court of Appeals granted the Department of Justice’s motion to lift the December 3, 2024 injunction issued by the U.S. District Court for the Eastern District of Texas in Texas Top Cop…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Tasnuva Islam

Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default

Most bond forms in use today, including the standard form AIA A312-2010, contain express condition precedents that trigger a surety’s obligations under the bond. Under a performance bond, the bond obligee is required to provide…more

Indemnification, Motion for Summary Judgment, Notice of Default, Performance Bonds, Public Works

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Rachel Jaffe Mauceri

End of an Era: Is there a Debt Maturity Cliff Coming? Five Key Takeaways

During our November 15 webinar, the panel addressed the possible challenges raised by a wall of maturing debt in 2024 and 2025 during this time of substantial geo-political uncertainty, rising inflation, trade tensions and labor…more

Borrowers, Credit, Creditors, Debt, Financial Services Industry

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Christie Jean

Higher Interest Rates Create Opportunity and Potential Liability

As of this date, the Federal Open Market Committee (FOMC) has increased short-term interest rates eleven times in the last sixteen months to combat inflation. As a result, interest rates on short-term investments have increased…more

Arbitrage, FOMC, Interest Rates, Investment, Short-Term Investments

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Benjamin Jensen

Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals

On July 25, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center Inc. v. Department of Public Health that addresses the subject of the right to file an appeal of a certificate-of-need, or CON, decision…more

Appeals, Certificate of Need, Connecticut, CT Supreme Court, Health Care Providers

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Michael Kearney Jr.

Poison Pills, NOL Poison Pills and the COVID-19 Pandemic

The novel coronavirus (COVID-19) pandemic has caused significant volatility in stock prices, resulting in severe disparities between stock prices and many corporations’ view of the intrinsic value of their business. This has, in…more

CARES Act, Delaware General Corporation Law, Fiduciary Duty, Hostile Takeover, Net Operating Losses

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Erica Kerstein

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense Costs

The Second Department, Appellate Division, for the Supreme Court of New York, recently held in a matter of first impression, that an insurance company with a duty to defend may not recover defense costs after a determination…more

Bodily Injury, Defense Costs, Denial of Insurance Coverage, Duty to Defend, First Impression

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Janet Kljyan

Supreme Court Decision Could Increase Copyright Trolling in the Second Circuit

Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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Peter Knight

First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1

In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two Vineyard…more

BOEM, Clean Energy, Endangered Species, Endangered Species Act (ESA), Energy Projects

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Eric Kogan

An Update on Poison Pills, NOL Poison Pills and the COVID-19 Pandemic

Since the release of our recent article “Poison Pills, NOL Poison Pills and the COVID-19 Pandemic” in midApril, we continue to see a surge in the number of companies implementing poison pills (also referred to as shareholder…more

Coronavirus/COVID-19, Hostile Takeover, Poison Pill, Publicly-Traded Companies, Shareholder Rights

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Sharone Kornman

Computer Fraud Policy: Eleventh Circuit Affirms District Court’s Finding Of No Coverage For $11M Fraud Claim

In Interactive Communities Int’l v. Great Am. Ins. Co., 2018 U.S. App. LEXIS 12410 (11th Cir. May 10, 2018), the insured sold “chits,” which have a specific monetary value and can be redeemed by loading their monetary value to a…more

Denial of Insurance Coverage, Digital Currency, Fraud, Fraudulent Transfers, Insurance Claims

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Andrew Kramer

Deferring Capital Gains Taxes – Opportunity Zone Investments

On October 19, 2018, the IRS issued proposed regulations and other guidance on the eligibility and procedures for taxpayers to elect to defer capital gains by investing in economically distressed communities throughout the…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investment Opportunities

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Rachel Kushel

Employer-Mandated Disclosure of Wage Ranges and Expansion of Equal Pay Law Enacted in Connecticut

Beginning October 1, 2021, Connecticut employers, meaning those that employ at least one employee in the state, will be required to disclose wage ranges for vacant positions pursuant to an amendment of existing laws concerning…more

Amended Legislation, Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination

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Peter Lacouture

U.S. House Passes Bill to Revise Corps and EPA Definition of “Waters of the United States”

On May 12, 2015, the U.S. House of Representatives passed H.R. 1732, which requires the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to withdraw the proposed rule published in the Federal…more

Clean Water Act, Environmental Protection Agency (EPA), Legislative Agendas, Proposed Regulation, US Army Corps of Engineers

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Madeleine Laffitte

Madison, Wisconsin’s Denial of Athletic Field Lights Upheld Over Claims of Religious Discrimination

On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As ruled…more

Conditional Use Permit, Equal Protection, Religious Discrimination, Religious Schools, RLUIPA

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Mitchell Lampert

SEC Adopts Amendments to “Accredited Investor” Definition

On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) adopted final rules to amend the definition of “accredited investor” in Rule 501(a) under the Securities Act of 1933 (Securities Act) to add new categories of…more

Accredited Investors, Qualified Institutional Buyers, Rule 501(a), Securities Act of 1933, Securities and Exchange Commission (SEC)

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Theresa Lane

Legal Update: Key Takeaways: HHS and DOJ’s Health Care Fraud and Abuse Control Program Report

On December 6, 2024, the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) released the Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2023 (the Report). The Report…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers

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Daniel Lass

Conclusion of Copyright Office’s Report on Artificial Intelligence Delayed Until 2025

This week, Director Shira Perlmutter indicated that the publication of part two of the U.S. Copyright Office’s three-part report on copyright issues raised by artificial intelligence (AI) would be further delayed. In her letter…more

Artificial Intelligence, Copyright, Copyright Office, Intellectual Property Protection, Machine Learning

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Sandra Marin Lautier

New York State and City Adopt New Tools to Combat Gender-Based Harassment

Continuing its aggressive measures to combat workplace sexual harassment, on August 23, the New York State Department of Labor issued for public comment a draft sexual harassment training program, a checklist of minimum…more

#MeToo, Anti-Harassment Policies, Complaint Procedures, Corporate Culture, Employee Training

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Sean Lawless

Data Privacy + Cybersecurity Insider - January 2020 #2

Department of Homeland Security Warns of Cyber-Attacks by Iran - The Department of Homeland Security (DHS) issued a grave warning to U.S. businesses and critical infrastructure operators on January 6, 2020, alerting the…more

Assassinations, Critical Infrastructure Sectors, Cyber Attacks, Cyber Crimes, Cyber Threats

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Matthew Lawlor

Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for solar…more

Land Use Restrictions, MA Supreme Judicial Court, Municipalities, Power Infrastructure, Real Estate Development

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Gilbert Lee

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Leslie Levinson

CMS Finalizes Standard for Identifying Overpayments and Grace Period for Investigations of Related Overpayments

As part of its 2025 Physician Fee Schedule Final Rule (PFS Rule), the Centers for Medicare & Medicaid Services (CMS) finalized two crucial updates to federal Medicare overpayments regulations (sometimes referred to as the…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Final Rules, Health Care Providers

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Michael Lisitano

OIG Audit Scrutinizes Hospital Compliance with Price Transparency Rule

In November 2024, the Department of Health and Human Services Office of Inspector General (OIG) published the results of its audit assessing hospital compliance with the federal Hospital Price Transparency Rule (HPT Rule). OIG…more

Centers for Medicare & Medicaid Services (CMS), Compliance, Department of Health and Human Services (HHS), Health Care Providers, Hospitals

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Samuel Maduabueke

PPP Update: Loan Necessity Questionnaires

The U.S. Small Business Administration (SBA) will require Paycheck Protection Program (PPP) lenders to issue “loan necessity” questionnaires to all borrowers of PPP loans of $2 million of more. On October 26, 2020, the SBA…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Relief Measures

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Michael Maglio

PPP Update: New Round with Some New Rules

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law as part of the Consolidated Appropriations Act, 2021 (the Act). The Act reopens the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Federal Loans, Loan Forgiveness

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Michele Maresca

Legal Update: Effective October 1: New Laws Benefit CT Affordable Housing Market

This past legislative session brought a suite of changes to Connecticut’s laws that benefit the development and rehabilitation of affordable housing throughout the State. Several of these changes, set out in Public Act No…more

Affordable Housing, Connecticut, Housing Developers, Housing Market, Real Estate Development

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Matthew Mazzola

Ninth Circuit Rejects Arguments Challenging the Enforceability of an ERISA Plan Anti-Assignment Provision

In Eden Surgical Ctr. v. Cognizant Tech. Sols. Corp., No. 16-56422, 2018 U.S. App. LEXIS 10597 (9th Cir., Apr. 26, 2018), the U.S. Court of Appeals for the Ninth Circuit upheld the District Court’s Order dismissing the Complaint…more

Anti-Assignment Clauses, Appeals, Assignment of Benefits (AOB), Dismissals, Employee Benefits

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Linda McDowell

Congress Extends IRA Qualified Charitable Distribution Rule: Action During 2014 Is Required for Taxpayers Interested in Taking Advantage of This Special Rule

Individuals who act quickly can receive a tax break for distributions in 2014 from an Individual Retirement Account (IRA) to a qualified charity. For the past four years, a distribution of up to $100,000 from an IRA paid…more

Charitable Donations, Income Taxes, Individual Retirement Account (IRA), Tax Extenders

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Virginia McGarrity

New Reporting Requirements for Governmental Plans in Connecticut

On June 27, 2023, Governor Lamont signed House Bill 6930 into law as Public Act 23-182 (Act). The Act requires municipalities and other governmental employers to provide information to the Office of the State Comptroller…more

Connecticut, Employee Benefits, Public Acts, Public Employers, Reporting Requirements

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Joel McNabney

Period of Restoration and Extended Business Interruption Coverage: District of New Jersey Decision Provides Useful Insight

The United States District Court, District of New Jersey recently issued a decision that is helpful in defining the scope of business interruption coverage with respect to “period of restoration” and extended business income…more

Business Interruption, Contract Interpretation, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

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Robert Melvin

Supreme Court Rules for the Sacketts: The “Significant Nexus” Test is Dead – Long Live “Adjacent Wetlands”

On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean Water…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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James Merrifield

Data Privacy + Cybersecurity Insider - January 2024 #2

CYBERSECURITY - SEC’s Hacked X Account Leads to Tumultuous Bitcoin Market - The Securities and Exchange Commission has confirmed that its X account “was compromised, and an unauthorized post was posted.” The SEC confirmed…more

23andMe, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Joey Lee Miranda

Massachusetts Moves to Reduce Greenhouse Gases

On August 11, 2017, the Massachusetts Department of Environmental Protection (MassDEP) adopted a landmark bundle of regulations for reducing greenhouse gases (GHG). The regulations primarily target carbon dioxide (CO2) emissions…more

Clean Energy, Department of Environmental Protection, Electric Generation Suppliers, Electricity, Greenhouse Gas Emissions

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Joshua Mirer

Annual Diversity Visa Lottery Now Available!

The Diversity Immigrant Visa Lottery provides 50,000 immigrant visas each fiscal year to natives of countries with low immigration to the U.S. over the preceding five years. Anyone selected in this random lottery is given the…more

Diversity Lottery, Foreign Nationals, Green Cards, Immigrants, Immigration Procedures

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Emilee Mooney Scott

PFAS Reporting Rules to Ring in the New Year

As we have previously reported, PFAS (per- and polyfluoroalkyl substances) are a class of substances coming under increasing regulatory scrutiny. As manufacturers ring in the new year they should be aware of two new PFAS…more

Contamination, De Minimus Doctrine, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA)

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Kristopher Moore

P+T Intelligence Newsletter - February 2018

Patent infringement defendants have been enjoying a good ride for some time now. The Supreme Court, with decisions like Alice Corp. v. CLS Bank International, have for the most part raised the barriers for patentees and trolls…more

Counterfeit Goods Regulation, Customs and Border Protection, Intellectual Property Protection, Patent Infringement, Patents

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Linda Morkan

ERISA § 502(c)(1) Claim for Statutory Penalties is Barred by One-Year Statute of Limitations, Second Circuit Holds

Deciding an issue of first impression, the U.S. Court of Appeals for the Second Circuit recently held that a plaintiff’s claim under ERISA § 502(c)(1) was barred by Connecticut’s one-year statute of limitations for an action…more

Civil Monetary Penalty, Employee Retirement Income Security Act (ERISA), Section 502, Statute of Limitations

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Eugene Murphy

Florida’s 3rd DCA Continues to Reverse Trial Court Statute of Limitations Rulings

In Linares v. Universal Property and Cas. Ins. Co., 2014 Fla. App. LEXIS 10168, (Fla. 3rd DCA, July 2, 2014), the Court reversed the trial court’s summary judgment ruling in favor of the insurer (“Universal”), which determined…more

Breach of Contract, Homeowner's Insurance, Hurricane Wilma, Statute of Limitations

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Megan Naughton

Consider the H-1B Visa to Build Your Construction Industry Workforce

Foreign nationals account for 61% of the full-time graduate students in civil engineering programs in the United States, according to the National Foundation for American Policy NFAP Policy Brief, August 2021, International…more

Construction Workers, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Diana Neeves

EPA Lowers the Fine Particulate NAAQS: A Closer Look at Implementation and Potential Impacts

On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level of…more

Air Pollution, Air Quality Standards, Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

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Kayla O'Leary Daly

IP+T Intelligence Newsletter - Q4 2021

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark Modernization…more

Brand, Copyright, Corporate Branding, Fair Use, Intellectual Property Protection

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Martin Onorato

Construction Group Projects

Robinson+Cole’s construction lawyers worked on many significant and unique projects across the country worth billions of dollars in construction value in recent months. Our clients are owners, designers, and contractors, and we…more

Commercial Property Owners, Commercial Real Estate Market, Construction Contracts, Construction Industry, Construction Project

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Seth Orkand

Legal Update: Key Takeaways: HHS and DOJ’s Health Care Fraud and Abuse Control Program Report

On December 6, 2024, the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) released the Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2023 (the Report). The Report…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers

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Keisha Palmer

Higher Interest Rates Create Opportunity and Potential Liability

As of this date, the Federal Open Market Committee (FOMC) has increased short-term interest rates eleven times in the last sixteen months to combat inflation. As a result, interest rates on short-term investments have increased…more

Arbitrage, FOMC, Interest Rates, Investment, Short-Term Investments

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David Panico

Higher Interest Rates Create Opportunity and Potential Liability

As of this date, the Federal Open Market Committee (FOMC) has increased short-term interest rates eleven times in the last sixteen months to combat inflation. As a result, interest rates on short-term investments have increased…more

Arbitrage, FOMC, Interest Rates, Investment, Short-Term Investments

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Endicott Peabody, IV

PPP Update: New Round with Some New Rules

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law as part of the Consolidated Appropriations Act, 2021 (the Act). The Act reopens the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Federal Loans, Loan Forgiveness

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John Peloso Jr.

Bare Amish Horses? It Depends.

Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers. The ordinance, passed in 2014, is intended to keep town streets clear of…more

First Amendment, Freedom of Religion, Local Ordinance, Religious Discrimination, Religious Freedom Restoration Act (RFRA)

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Jacqueline Pennino Scheib

Trending - Designing Around a Patent as an Alternative to a License

In some instances in which a company finds itself in the cross-hairs of a patent infringement cease-and-desist letter or lawsuit, a license may not be a viable option. That is often the case when the patent holder is a…more

Cease and Desist Orders, Doctrine of Equivalents, Intellectual Property Protection, IP License, Patent Examinations

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Earl Phillips Jr.

Ozone Nonattainment “Bump-up” in Connecticut: Is your facility about to get bumped into more stringent air regulations?

For air emission sources in New Haven County, Middlesex County, and Shelton, Connecticut, the regulatory landscape will change on November 7, 2022. Per a regulation published on October 7, 2022, EPA is reclassifying the…more

Air Pollution, Air Quality Standards, Connecticut, Environmental Policies, Environmental Protection Agency (EPA)

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Madison Picard

Legal Update: 2025 Employment Law Updates for Connecticut, Massachusetts, and Rhode Island

Connecticut, Massachusetts, and Rhode Island lawmakers were busy throughout 2024 enacting labor and employment-related legislation already impacting the workplace. Understanding these critical legal updates is essential for…more

Employee Rights, Employees, Employer Responsibilities, Family Medical Leave, Hiring & Firing

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Jessica Pinto

Legal Update: 2025 Employment Law Updates for Connecticut, Massachusetts, and Rhode Island

Connecticut, Massachusetts, and Rhode Island lawmakers were busy throughout 2024 enacting labor and employment-related legislation already impacting the workplace. Understanding these critical legal updates is essential for…more

Employee Rights, Employees, Employer Responsibilities, Family Medical Leave, Hiring & Firing

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Kathleen Porter

Legal Update: Corporate Transparency Act Enforcement Resumes with Extended Deadlines

On December 23, 2024, the Fifth Circuit Court of Appeals granted the Department of Justice’s motion to lift the December 3, 2024 injunction issued by the U.S. District Court for the Eastern District of Texas in Texas Top Cop…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Kathryn Rattigan

Colorado Amends its Consumer Privacy Rights Act

Earlier this month, after the conclusion of the public comment period, the Colorado Department of Law adopted amendments to the Colorado Privacy Act (CPA), which grants rights to Colorado consumers concerning their personal…more

Biometric Information, Colorado, Consumer Privacy Rights, Data Collection, Data Controller

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James Ray

Court Approves EPA Settlement with 82 Passaic River Potentially Responsible Parties

The Diamond Alkali Superfund site in Newark, New Jersey, which includes the 17-mile Lower Passaic River Study Area, may be one of the country’s most expensive and hotly contested Superfund Sites. The remedy for the…more

Contamination, Environmental Protection Agency (EPA), Rivers, Settlement, Superfund

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Norman Roos

Data Privacy + Cybersecurity Insider - January 2020 #2

Department of Homeland Security Warns of Cyber-Attacks by Iran - The Department of Homeland Security (DHS) issued a grave warning to U.S. businesses and critical infrastructure operators on January 6, 2020, alerting the…more

Assassinations, Critical Infrastructure Sectors, Cyber Attacks, Cyber Crimes, Cyber Threats

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Amy Roth

How the EU’s New Foreign Subsidies Regulation May Impact Cross-Border Acquisitions by U.S. Companies

American companies and others outside the European Union (EU) pursuing large M&A transactions and public tenders in the EU’s single market must now comply with a new regulation. Effective July 12, 2023, the Foreign Subsidies…more

EU, European Commission, European Merger Control Regulation, Foreign Acquisitions, Foreign Subsidies

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Glenn Santoro

Higher Interest Rates Create Opportunity and Potential Liability

As of this date, the Federal Open Market Committee (FOMC) has increased short-term interest rates eleven times in the last sixteen months to combat inflation. As a result, interest rates on short-term investments have increased…more

Arbitrage, FOMC, Interest Rates, Investment, Short-Term Investments

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Jonathan Schaefer

OSHA Finalizes PPE Fitting Requirement for Construction Workers

On December 11, 2024, the Occupational Safety and Health Administration (OSHA) announced it finalized a revision to the personal protective equipment (PPE) standard for the construction industry. The final rule adds specific…more

Construction Workers, Employer Liability Issues, Employer Responsibilities, Health and Safety, OSHA

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Jenna Scoville

Supreme Court Limits Section 1782 Discovery in International Arbitrations

This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and…more

28 U.S.C. § 1782, AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States, Arbitration, Business Disputes, Business Litigation

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Evan Seeman

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons Act…more

Americans with Disabilities Act (ADA), Equal Protection, Fair Housing Act (FHA), Fourteenth Amendment, Land Use Restrictions

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Garrett Shaikh

Higher Interest Rates Create Opportunity and Potential Liability

As of this date, the Federal Open Market Committee (FOMC) has increased short-term interest rates eleven times in the last sixteen months to combat inflation. As a result, interest rates on short-term investments have increased…more

Arbitrage, FOMC, Interest Rates, Investment, Short-Term Investments

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Jennifer Shanley

Alert: New Form I–9 and Remote Document Inspection

Starting November 1, 2023, all employers must use the revised Form I–9, Employment Eligibility Verification (edition date 08/01/23), when completing the employment eligibility verification process for employees. Employers may be…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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Taylor Shea

PPP Update: New Round with Some New Rules

On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act was signed into law as part of the Consolidated Appropriations Act, 2021 (the Act). The Act reopens the Paycheck Protection Program…more

CARES Act, Coronavirus/COVID-19, Economic Aid Act, Federal Loans, Loan Forgiveness

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Lauren Sigg

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Jonathan Small

Oral Argument Preview: G4S Technology LLC v. Mass. Technology Park Corp.

The Supreme Judicial Court (SJC) is slated to hear oral argument in G4S Technology LLC v. Mass. Technology Park Corp. on Monday, March 5, 2017 – a case with significant implications for construction litigation…more

Amicus Briefs, Appeals, Breach of Contract, Construction Industry, Construction Litigation

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Annecca Smith

An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under the Bankruptcy Code’s New Subchapter V

The Small Business Reorganization Act of 2019 (SBRA) aims to simplify and shorten the Bankruptcy Code’s reorganization process for small-business debtors, making Chapter 11 more accessible. Effective as of February 2020,…more

Affiliates, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Publicly-Traded Companies

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Brian Smith

Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Eligibility, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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W. Richard Smith Jr.

Expanded Significant Environmental Hazard Requirements for Connecticut Site Owners: Changes, Pitfalls, and Impacts

As of July 1, 2015, significant changes took effect for the Significant Environmental Hazards (SEH) program established by Conn. General Statutes §22a-6u. This program requires reporting to the Connecticut Department of Energy…more

Compliance, Contamination, Drinking Water, Groundwater, Reporting Requirements

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Rickie Sonpal

MA SMART Program: New Guidelines for Agricultural Solar Tariff Generation Units

On May 15, 2022, the latest revision of the Massachusetts Department of Energy Resources (DOER) Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units (Guideline) for the Solar Massachusetts Renewable…more

Agribusiness, Agricultural Land, Energy Projects, Energy Reform, Solar Energy

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Kurt Stiegel

Multi-Family Zoning Requirement for MBTA Communities

On December 15, 2021, the Massachusetts Department of Housing and Community Development (DHCD) released draft guidelines for the Commonwealth’s recently-adopted Multi-Family Zoning Requirement for MBTA Communities. A public…more

Construction Project, Draft Guidance, Housing Market, Multi-Family Development, Municipalities

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Peter Struzzi

Health Law Diagnosis - January 2023

New York Governor Vetoes Act Prohibiting Establishment and Expansion of For-Profit Hospices - On December 23, 2022, New York Governor Kathy Hochul vetoed Assembly Bill Number A8472 “An Act To Amend The Public Health Law, In…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, For-Profit Corporations, Governor Vetoes, Health Care Providers

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Daniel Sullivan

Data Privacy + Cybersecurity Insider - September 2018

We reported last week that a spyware maker recently compromised users’ and victims’ sensitive information. Since that time, another spyware maker, mSpy, which holds itself out as having over a million users employing its product…more

Banking Sector, Class Action, Class Certification, Consumer Privacy Rights, Criminal Convictions

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Danielle Tangorre

Legal Update: Key Takeaways: HHS and DOJ’s Health Care Fraud and Abuse Control Program Report

On December 6, 2024, the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) released the Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2023 (the Report). The Report…more

Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers

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Melissa Thompson

Health Law Diagnosis - January 2023

New York Governor Vetoes Act Prohibiting Establishment and Expansion of For-Profit Hospices - On December 23, 2022, New York Governor Kathy Hochul vetoed Assembly Bill Number A8472 “An Act To Amend The Public Health Law, In…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, For-Profit Corporations, Governor Vetoes, Health Care Providers

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Theodore Tucci

Health Law Diagnosis - January 2023

New York Governor Vetoes Act Prohibiting Establishment and Expansion of For-Profit Hospices - On December 23, 2022, New York Governor Kathy Hochul vetoed Assembly Bill Number A8472 “An Act To Amend The Public Health Law, In…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, For-Profit Corporations, Governor Vetoes, Health Care Providers

See all updates »

Timothy Twardowski

Multi-Family Zoning Requirement for MBTA Communities

On December 15, 2021, the Massachusetts Department of Housing and Community Development (DHCD) released draft guidelines for the Commonwealth’s recently-adopted Multi-Family Zoning Requirement for MBTA Communities. A public…more

Construction Project, Draft Guidance, Housing Market, Multi-Family Development, Municipalities

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Derek Valentine

RLUIPA Round-Up

What do tiny homes, marijuana, a sex club, the Satanic Temple, and yoga have in common? They each make an appearance in this installment of the RLUIPA Round-Up!…more

Adult Entertainment, Churches, First Amendment, Free Exercise Clause, Homeless Issues

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Jovana Vujovic

Sixth Circuit Finds No Fiduciary Duty To Give Notice Of Conversion/Portability Rights On Termination Of Employment

In Vest v. Resolute FP US, Inc., 905 F.3d 985 (6th Cir. 2018), the Sixth Circuit Court of Appeals upheld dismissal of a claim by the beneficiary of a deceased employee that the employer breached its fiduciary duty under ERISA…more

Appeals, Breach of Duty, Conversion, Decedent Protection, Employee Benefits

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Jinhua Wang

SEC Adopts Amendments to “Accredited Investor” Definition

On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) adopted final rules to amend the definition of “accredited investor” in Rule 501(a) under the Securities Act of 1933 (Securities Act) to add new categories of…more

Accredited Investors, Qualified Institutional Buyers, Rule 501(a), Securities Act of 1933, Securities and Exchange Commission (SEC)

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Abby Warren

Legal Update: Ring in the New Year with New York and New York City Employment Law Updates

Lawmakers in the city and state of New York were busy in 2024 enacting various labor- and employment-related legislation that is already impacting the workplace…more

Anti-Discrimination Policies, Compliance, Employee Rights, Employer Liability Issues, Employer Responsibilities

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George Watson, III

New Compliance Obligations for Connecticut EURs

Earlier this year, the Connecticut Department of Energy and Environmental Protection (DEEP) promulgated revised regulations on Environmental Use Restrictions (EURs). These revised regulations impose new obligations on owners of…more

Department of Energy and Environmental Protection, Environmental Policies, Land Use Restrictions, Real Estate Development, Real Estate Market

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Brian Wheelin

Federal Court Rules that FEC Cybersecurity Study is Exempt from FOIA Disclosure

Last week, a D.C. federal judge ruled that an investigative reporter was not entitled to a 2014 cybersecurity study performed by an outside vendor detailing vulnerabilities in the Federal Election Commission’s information…more

Cybersecurity, Data Breach Study, Federal Election Commission (FEC), FOIA, Information Technology

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Jeffrey White

Multiples, Multiples, Multiples! Why Manufacturing Companies Should Look Beyond EBIDTA Multiples

What are you hearing? What do the “multiples” look like in my [insert sub-industry] in manufacturing?…more

Acquisition Agreements, Buyers, Contract Terms, EBITDA, Manufacturers

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William Wilson, II

Suit Limitation Provisions in New York

New York law generally enforces a contractual suit limitation that specifies a “reasonable” period of time (usually shorter than the applicable statute of limitations) within which an action must be commenced. The contractual…more

Construction Contracts, Construction Industry, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

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Yang Xu

SEC Adopts Final Rules Related to SPAC IPOs and DeSPAC Transactions

On January 24, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final rules (the “Final Rules”) related to special purpose acquisition companies (SPACs) and de-SPAC transactions.[1] The Final Rules are intended to…more

Capital Markets, Capital Raising, Disclosure Requirements, Final Rules, Initial Public Offering (IPO)

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Eden Yerby

Legal Update: Effective October 1: New Laws Benefit CT Affordable Housing Market

This past legislative session brought a suite of changes to Connecticut’s laws that benefit the development and rehabilitation of affordable housing throughout the State. Several of these changes, set out in Public Act No…more

Affordable Housing, Connecticut, Housing Developers, Housing Market, Real Estate Development

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