Robinson+Cole Expands Government Enforcement and White-Collar Defense Team

Robinson+Cole is pleased to announce the addition of Seth B. Orkand as a partner in the firm’s Business Litigation Group, where he will be a part of the firm’s Government Enforcement and White-Collar Defense Team. Mr. Orkand will be resident in the firm’s Boston office.

Mr. Orkand's practice focuses on white-collar criminal defense, government enforcement matters, corporate internal investigations, scientific research misconduct investigations, Title IX and other higher education disciplinary actions, and complex commercial litigation. He has experience handling a broad range of law enforcement and regulatory matters, especially in the health care and construction industries. The matters for which he has been responsible include allegations and/or investigations of health care fraud, violations of the Anti-Kickback Statute, off-label marketing, securities law violations, antitrust violations and False Claims Act violations, government contracting fraud, and computer and Internet crimes. He also has extensive experience in handling civil litigation, including class actions, arising out of these matters. Read more in the press release.

Robinson+Cole Commits to AGC’s Culture of Care in Support of Construction Industry

Robinson+Cole has committed to the Culture of CARE, an initiative created in partnership between the Associated General Contractors of America (AGC) and the AGC of Washington to advance the construction industry as the industry of choice for diverse and talented workers by building inclusive work environments in construction firms nationwide.

“At Robinson+Cole we have long fostered an inclusive culture where the diverse backgrounds of all of our attorneys and other professionals are respected and each individual is empowered to succeed. That culture carries through to our client and community relationships,” said Gregory R. Faulkner, Chair of the Construction Law Group at Robinson & Cole LLP and Board Director of the AGC of Connecticut. “We are proud to join our clients and colleagues in the construction industry to build a culture that is diverse, safe, welcoming and inclusive for all.” Read more in the press release.

Jeff White Elected to CBIA Board of Directors

Manufacturing Industry Practice Chair Jeffrey J. White is among seven new leaders elected to serve on the Connecticut Business and Industry Association’s (CBIA) Board of Directors during the organization’s annual meeting on November 19, 2020. The CBIA is Connecticut's largest business organization, with thousands of member companies, small and large, representing a diverse range of industries from every part of the state. Read more in the press release.

Robinson+Cole Elects New Partners and Counsel

Robinson+Cole is pleased to announce the election of Steven J. Boyajian, J. Tyler Butts, Ryan V. Leichsenring, Krista L. Patterson, Jonathan H. Schaefer, Emilee Mooney Scott, Jonathan E. Small, Anthony J. Vogel and Abby M. Warren as partner as well as the promotion of Brian E. Calabrese, Katherine M. Fix, and Kathryn M. Rattigan to counsel, effective January 1, 2021.

“All of these lawyers have been extraordinarily strong contributors to our firm and it is wonderful to be able to recognize their achievements and be a part of the continuing growth of their careers,” said Stephen E. Goldman, Managing Partner of Robinson+Cole. “Congratulations to this outstanding group of lawyers and future leaders on their well-deserved promotions.” Read more in the press release.

Robinson+Cole Receives 36 First-Tier Metropolitan Rankings and Four National Rankings in Latest U.S. News – Best Lawyers “Best Law Firms”

Robinson+Cole received 36 first-tier metropolitan rankings and four national rankings in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms.” The national rankings are in the areas of Information Technology Law, Labor Law - Management, Land Use & Zoning Law and Real Estate Law. Law firms included in the publication are recognized for professional excellence with consistently impressive ratings from clients and peers. Read more in the press release.

Robinson+Cole Continues to Expand Presence in New York With Eight Member Financial Lines Team

Robinson+Cole announces the expansion of its New York office with the addition of two partners, John F. McCarrick and Erica J. Kerstein, as well as two counsel, Phyllis A. Ingram and Sedgwick M. Jeanite, and four associates, Meryl E. Breeden, Joseph A. Finelli, Dmitriy Gelfand and Andrew G. Lipton. The group has an industry-leading national practice that concentrates on the financial lines sector of the insurance industry, which includes directors and officers liability (D&O), errors and omissions, and representation and warranty insurance. Read more in the press release.

Three Lawyers From Robinson+Cole’s New York Office Recognized by Super Lawyers®

Robinson+Cole lawyers Lawrence Klein and Virginia K. Trunkes were named to the New York Metro Super Lawyers® list for 2020. In addition, Ian T. Clarke-Fisher was recognized as a “Rising Star.” They are joined by 47 Robinson+Cole lawyers named Super Lawyers® and 29 recognized as “Rising Stars” in the states of Connecticut, Delaware, Massachusetts, Pennsylvania, and Rhode Island for 2020. Read more in the press release.

Virginia Trunkes Authors Article on Legal Considerations for Constructing Health Care Facilities

Construction Law Group lawyer Virginia K. Trunkes authored the article “Seven Legal Considerations for Constructing Healthcare Facilities” published in Healthcare Facilities Today on January 11, 2021. As a result of the COVID-19 pandemic, health care institutions are altering their approach to facility design and construction and equity investors and contractors are also ready to familiarize themselves with health care construction. Derived from the November 10, 2020 R+C hosted program “Reducing Pitfalls in Health Care Construction,” the article shares seven legal considerations for a successful health care construction project. Read the full article.

Megan Baroni, Chris Eddy, Peter Knight and Jon Schaefer Author ISHN Article on OSHA’s COVID-19 Response

Environmental, Energy + Telecommunications Group lawyers Megan E. Baroni, Christopher Y. Eddy, Peter R. Knight and Jonathan H. Schaefer authored the article “COVID-19 and OSHA: Where we started and where we are now” published in ISHN (Industrial Safety & Hygiene News) on January 7, 2021. The article gives a brief summary of OSHA’s response to COVID-19 to date and where enforcement measures currently stand. The piece also examines COVID-19 enforcement trends and offers some insight on changes and challenges for employers in 2021.  Read the full article.

Kathryn Rattigan Quoted in Law360 Article on FAA’s New Drone Rules

Data Privacy + Cybersecurity Team lawyer Kathryn M. Rattigan was quoted in the article “FAA's New Drone Rules Only A 'Starting Point' For Businesses” published in Law360 on January 5, 2020. The article focuses on two final rules released by the Federal Aviation Administration (FAA) on December 28, which lifted its requirement that commercial operators obtain a waiver for drone flights over people, over moving vehicles and at night. In addition, the rules require drones to be remotely identifiable and locatable by the FAA. Kathryn noted that the related design standards included in the new FAA rules “could be positive for drone makers” as they will “likely cause a spike in drone sales and accessories” given the new ability for drone flights over people, over moving vehicles and at night. She also commented that the clause in the new rules allowing drones to fly over moving vehicles “is especially important for package delivery by drone…allowing for expanded operations in dense urban areas.” Subscribers can read the full article.  

Robinson+Cole Transactional Health Law Group Leads Significant Health Transaction

Transactional Health Law Group members Leslie J. Levinson, Christine E. Bromberg, Frank W. Eucalitto, Anna R. Gurevich, Conor O. Duffy, Eric M. Kogan, Virginia E. McGarrity and Kathryn M. Rattigan represented Companion Home Healthcare and Hospice, Inc. (Companion), a leading hospice and palliative care provider in the western United States, as legal counsel in connection with the sale of its assets to Bristol Hospice, a portfolio company of Webster Equity Partners. The terms of the transaction were not disclosed.

Companion is one of the largest independent providers of comprehensive, compassionate end-of-life care in the Southern California market, caring for the physical, spiritual and emotional needs of patients and their families. With this new acquisition, Bristol Hospice, headquartered in Salt Lake City, Utah, now operates in 35 locations across 10 states. 

Maria Scungio Authors Article on Non-use Trademarks Published on IPWatchdog.com

Intellectual Property + Technology Group lawyer Maria A. Scungio authored the article “Ready for 2021? Beware Non-Use of Your Trademarks in 2020” published on IPWatchdog.com on December 23, 2020. The article encourages readers to examine their current IP portfolio, including trademarks, copyrights, domain names and social media accounts to ready business and its brands for 2021. Maria goes on to highlight pandemic business closures and trademark non-use as well as U.S. Patent & Trademark Office (USPTO) fee increases in 2021. Read the full article.

Les Levinson Featured in Podcast Discussion on Home Health Hospice Transactions

Transactional Health Law Group co-chair Leslie J. Levinson was a guest on Provident’s Healthcare Dealcast episode “Transaction Considerations for Home Health & Hospice Agencies” released on December 21, 2020. Presented by investment banking firm Provident Healthcare Partners, the podcast series focuses on various topics in health care mergers and acquisitions, including trends within the industry and exploring a process. Les joined Provident Healthcare Partners’ Kevin Palamara, AJ Shekar, and Jake Vesely for a discussion on recent investment activity in the home health and hospice space, key transaction and legal considerations for groups considering a process, predictions for M&A activity and valuations going into 2021, and more. Listen to the podcast episode.

Kathryn Rattigan Recognized in National Law Review’s “Go-To Thought Leadership Awards”

Data Privacy + Cybersecurity Team lawyer Kathryn M. Rattigan was recognized as a 2020 National Law Review (NLR) Go-To Thought Leader in the area of cybersecurity law for her range of articles on data privacy, emerging technologies and the legislation and cybersecurity implications for specific industries via her regular contributions to the firm’s Data Privacy + Cybersecurity Insider blog. The National Law Review’s “Go-To Thought Leadership Awards” recognized 70 legal authors and legal organizations, pulled from the 20,000+ of pieces of content published in 2020. “This is the third year the NLR editors have formally recognized the efforts of less than 1% of the publication’s 15,000 authors across a variety of legal specialties and in law practice management and operations.” View more information on the awards.

Ginger Trunkes Authors New York Real Estate Journal Article on Knowing the Risks Before Terminating Commercial Contracts

Construction Law Group lawyer Virginia K. Trunkes authored the article “Know the risks before terminating contracts when repurposing real estate developments” published in the New York Real Estate Journal on December 15, 2020. Using 407 E. 61st Garage, Inc. v. Savoy Fifth Ave. Corp., 23 N.Y.2d 275 (1968) as an example, the article encourages companies considering a modification of their business operations to offset lower revenue to be mindful of existing commercial contracts. “It is crucial to incorporate into property-repurposing decisions the review of contract terms and, if necessary, the cost of contract-breach damages.” Read the full article.

Earl Phillips and Maria Scungio Recognized as Global Leaders by Who’s Who Legal

Environmental, Energy + Telecommunications Group Co-chair Earl W. Phillips Jr. and Intellectual Property + Technology Group Partner Maria A. Scungio have both been recognized as Global Leaders in 2020 editions of Who’s Who Legal. Earl was recognized in Who’s Who Legal: Environment 2020 and Maria in Who’s Who Legal: Trademarks 2020. According to its website, “Who’s Who Legal (WWL) is one of the world’s leading directories of legal practitioners and non-lawyer consulting experts.” Earl and Maria were selected by their peers for inclusion in the publications. WWL is published by Law Business Research, an independent London-based publishing group which provides research, analysis and reports on the international legal services marketplace.

Audrey Dias and Gabrielle Mercadante Author FDLA Article on COVID-19 Business Interruption

Insurance + Reinsurance Group lawyers Audrey E. Dias and Gabrielle R. Mercadante authored the article “At the Crossroads of Covid-19 and Business Interruption Claims” published in Volume 39, No. 3 of Trial Advocate, the professional journal of the Florida Defense Lawyers Association (FDLA). The article examines business interruption insurance coverage, which has been a significant topic during the COVID-19 pandemic as many businesses have been impacted by health restrictions and are uncertain as to whether there is coverage for their losses. Despite the fact that most commercial insurance policies do not provide business interruption coverage, there is a great deal of litigation taking place nationwide to determine whether coverage exists in their policies. Audrey and Gabrielle provide an overview of business interruption insurance, current coverage litigation, and potential legislative and regulatory action. Trial Advocate is circulated to FDLA members, all Florida judges, industry professionals statewide and is published by Westlaw as a legal resource. Read the full article.

Kathryn Rattigan Authors Third Follow-up Article on MA Right to Repair Law Published on Westlaw Today

Data Privacy + Cybersecurity Team lawyer Kathryn M. Rattigan authored the article “Massachusetts ballot Question 1 still on the forefront as automakers sue to block its implementation” republished on Westlaw Today on December 10, 2020. The piece is a follow-up to a series of articles on the same topic republished on October 22, 2020 and August 26, 2020. All three pieces were originally published as posts on R+C’s Data Privacy + Cybersecurity Insider blog and focus on the, recently passed, Right to Repair' law, which expands access to certain diagnostic and repair data collected by onboard computer systems that is currently only accessible in 'real-time' by the manufacturers (and in turn, their dealers). The latest article examines a lawsuit filed against Massachusetts in federal court by a group of automakers through the Alliance for Automotive Innovation to block the new 'Right to Repair' law that passed on November 3, 2020. The lawsuit argues that the law will impose a financial burden on auto manufacturers and threatens the privacy of car owners by exposing data from their vehicles. Read the full article.

Megan Baroni, Matt Miklave, Jon Schaefer and Emily Zaklukiewicz Author Article on OSHA Recordkeeping and Reporting Obligations Published in ISHN

Environmental, Energy + Telecommunications Group lawyers Megan E. Baroni and Jonathan H. Schaefer and Labor and Employment Group lawyers Matthew T. Miklave and Emily A. Zaklukiewicz authored the article “OSHA citations serve as reminder to employers about recordkeeping and reporting obligations” published in ISHN (Industrial Safety & Hygiene News) on December 10, 2020. The article focuses on the importance of employers adhering to the Office of Safety and Health Administration’s (OSHA) recordkeeping and reporting requirements as failure to comply may result in significant penalties. “[S]ince the start of the COVID-19 pandemic, [OSHA] has cited 144 establishments for COVID-19-related violations, totaling over two million dollars in penalties.” The piece goes on to cover recordkeeping obligations, reporting obligations, reporting hospitalizations, reporting fatalities, and determining “work-related” illness as it pertains to COVID-19. Read the full article.

Jean Tomasco Authors ERISA Report Article on COVID-19’s Impact on COBRA Continuation Coverage

Managed Care + Employee Benefit Litigation Group lawyer Jean E. Tomasco authored the article “When COBRA Meets COVID-19: Concerns for Plan Administrators and TPAs” published in the ERISA Report, a semi-annual newsletter issued by the Defense Research Institute (DRI) Life, Health and Disability/ERISA Committee of which Jean is a long-time member of. An adaptation of her presentation from the annual Managed Care + Employee Benefits Litigation Summit on October 1, 2020, the article examines implications the COVID-19 pandemic has had on COBRA (the Consolidated Omnibus Budget Reconciliation Act) continuation coverage. Specifically, the article discusses the extension of the COBRA notice deadlines due to the pandemic and the challenges group health plan administrators and third-party administrators (TPAs) face in meeting their obligations in these uncertain times. The ERISA Report provides updates and analysis of the latest case and regulatory developments in the ever-changing ERISA arena. Read the full article.

Fred Hedberg Authors Article on “COVID-izing Your Construction Contract” Published in Construction Executive

Construction Law Group member Frederick E. Hedberg authored the article “COVID-izing Your Construction Contract” published in the December issue of Construction Executive and on the magazine’s website on December 8, 2020. With projects throughout the country adversely affected by unplanned work stoppages, delays, disruptions to the supply chain, price escalations and other unanticipated events as a result of the COVID-19 pandemic, the article encourages owners, developers, contractors and suppliers to reflect on their experiences over the past year and account for the COVID-19 pandemic when drafting and negotiating contracts for their projects. Read the full article.

Joe Barra Quoted on Prompt Payment Act in Massachusetts Lawyers Weekly Article

Construction Group lawyer Joseph A. Barra was quoted in the article “Judge strictly construes Prompt Payment Act” published in Massachusetts Lawyers Weekly on December 10, 2020. The article focuses on a recent decision by the Massachusetts Superior Court entitled, Tocci v. IRIV Partners, LLC, et. al. which confirmed that Massachusetts Courts intend to strictly construe the Massachusetts Prompt Pay Statute. Passed in 2010, the Statute imposed specific requirements on owners, contractors and subcontractors of private projects over $3M with regard to submitting, processing and approving requests for payment and change orders. In Tocci, the Court ordered the owner to pay the contractor disputed monies simply because the owner failed to timely and properly object to the contractor’s invoices. “I believe [the decision] will have serious and far-reaching implications in the way private construction projects in Massachusetts will be managed,” Joe said. Read the article.

Megan Baroni, Matt Miklave, Jon Schaefer and Emily Zaklukiewicz Author Article on OSHA Recordkeeping and Reporting Obligations Published in ISHN

Environmental, Energy + Telecommunications Group lawyers Megan E. Baroni and Jonathan H. Schaefer and Labor and Employment Group lawyers Matthew T. Miklave and Emily A. Zaklukiewicz authored the article “OSHA citations serve as reminder to employers about recordkeeping and reporting obligations” published in ISHN (Industrial Safety & Hygiene News) on December 10, 2020. The article focuses on the importance of employers adhering to the Office of Safety and Health Administration’s (OSHA) recordkeeping and reporting requirements as failure to comply may result in significant penalties. “[S]ince the start of the COVID-19 pandemic, [OSHA] has cited 144 establishments for COVID-19-related violations, totaling over two million dollars in penalties.” The piece goes on to cover recordkeeping obligations, reporting obligations, reporting hospitalizations, reporting fatalities, and determining “work-related” illness as it pertains to COVID-19. Read the full article.

Rhonda Tobin Named to Business Insurance’s 2020 “Women to Watch” Class

Litigation Section co-chair and Managing Committee member Rhonda J. Tobin was selected by Business Insurance for inclusion in its 2020 “Women to Watch” recognition, which showcases an outstanding group of female executives in the insurance and risk management sector.

Now in its 15th year, the awards honor 50 women annually from around the globe who have been selected through a rigorous nomination process focusing on expertise, leadership qualities and achievements. Ms. Tobin was chosen from hundreds of nominations to be featured in a winner profile published in the December issue of Business Insurance, along with recognition during the publication’s virtual Women to Watch Conference and Awards Ceremony on December 10, 2020. Read more in the press release.

Linn Freedman Quoted in Bloomberg Law Article on Future of California’s Data Privacy Enforcement

Data Privacy + Cybersecurity Team Chair Linn F. Freedman was quoted in the article “Becerra Would Depart California as State Ups Privacy Policing” published by Bloomberg Law on December 8, 2020. The article focuses on the future of data privacy regulations in the state of California now that Xavier Becerra, the state’s current attorney general, has been tapped by president-elect Joe Biden as his nominee for secretary of the Department of Health and Human Services just as California’s new privacy regulator and enforcement of its landmark consumer privacy law are taking shape. Linn believes that “privacy enforcement will likely remain a priority for the attorney general’s office under a Becerra successor.” “’The state has always been aggressive on the privacy side, and Becerra has continued that tradition while he’s been in office,’ Freedman said. ‘I would be very surprised if that culture isn’t continued, particularly because the people of California have reinforced the fact that data privacy is a priority by enacting the California Privacy Rights Act.’” Read the full article.

Niel Franzese Authors ISHN Article on Long-term Alteration of Business Operations Due to COVID-19

Construction Law Group member Niel P. Franzese authored the article “How to alter operations when remote work isn’t an option” published in ISHN (Industrial Safety & Hygiene News) on December 4, 2020. The article focuses on how industries unable to engage in remote work are now considering adapting more long-term or permanent strategies as a result of the ongoing COVID-19 pandemic. “The realization that the length of the pandemic will be measured in months, or even years, rather than weeks, has prompted many to consider how these adaptations can be implemented in a more permanent way as a part of the ‘new normal,’ including in strategies fundamental to business operations such as the design, construction and operations planning of commercial facilities.” Niel goes on to examine increasing air circulation and redesigning spaces as examples of strategies. Read the full article.     

Bill Egan Appointed to AAA Arbitration Panel

Business Litigation Group lawyer William J. Egan has been appointed to serve on the American Arbitration Association (AAA) Commercial Arbitration Panel. According to its website, “AAA panels are comprised of accomplished attorneys with exceptional subject-matter expertise; former federal and state judges; and business owners who understand the essence of the dispute.” Panelists must successfully complete the Arbitration Fundamentals and Best Practices for New AAA Arbitrators training program and the online Award Writing course in order to be appointed.

Linn Freedman Featured in Bloomberg Law Article and Legal Talk Today Podcast on Data Privacy During the Holiday Shopping Season

Data Privacy + Cybersecurity Team Chair Linn F. Freedman was quoted in the article “Online Shopping, Pandemic Elevate Legal Risk for E-Retailers” published in Bloomberg Law on November 25, 2020. The article focuses on the increased threat of data breaches as more consumers opt to do their holiday shopping online during the COVID-19 pandemic. “Bad actors have already sought to exploit the pandemic and infiltrate companies’ and individuals’ security systems, said Linn Freedman, a privacy and cybersecurity partner at Robinson & Cole LLP in Providence, R.I. That threat is exacerbated, she said, by the volume of data generated during the online shopping season, especially given stay-at-home advisories and consumer reluctance to shop in-person.” Linn goes on to mention ransomware attacks, phishing, spoofing and credit card skimming as data theft strategies used by hackers. With the abundance of class action lawsuits resulting from data breaches, she encourages businesses to “remain vigilant and shore up systems to reduce the risk of an attack or breach, both of which can put companies on the line for millions.” Subscribers can read the full article here.

In addition, Linn was featured in an episode of Legal Talk Today titled “Safe Shopping on Black Friday” available on November 27, 2020. During the podcast, described as a “dailyish-to-daily show dedicated to covering essential legal issues,” Linn offers insight on keeping personal data safe during the holiday season. Listen to the podcast here.

Linn Freedman Quoted in Cybersecurity Law Report Article on Asset Disposal and Vendor Management

Data Privacy + Cybersecurity Team Chair Linn F. Freedman was quoted extensively in the article “Asset Disposal and Vendor Management Lessons From Morgan Stanley's OCC Settlement” published in the Cybersecurity Law Report on November 18, 2020. The article examines Morgan Stanley’s recent $60‑million settlement with the Office of the Comptroller of the Currency for failing to adequately protect customer data when decommissioning two data centers. Linn offers insight on monetary penalties, class action lawsuits stemming from data breaches, effective data destruction programs, risk assessment and continued monitoring. Subscribers can read the article here.

Kenneth Sherman Authors Article on Builders’ Risk Insurance Published in High Profile Magazine

Construction Law Group lawyer Kenneth A. Sherman authored the article “Federal Court Decision Reminds Construction Project Participants to Secure Additional Insurance Coverage at Project’s Start” published in High Profile magazine on November 20, 2020. Using Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020. U.S. Dist. LEXIS 95403 as an example, where the Federal Court in Massachusetts held that a construction project’s general contractor and sub-contractor were not additional insureds under the construction project’s owner’s Builders Risk insurance policy (Policy), Kenneth emphasizes the importance of the language contained in the policy itself and not by contract, agreement, custom, practice, or factual circumstances. “As we see from Factory Mutual, failing to confirm insurance coverage in advance of an otherwise insurable event might leave a party exposed to having its additional insured coverage determined by a non-party to the underlying construction project, such as an insurance coverage analyst or a judge, should the question of insurance coverage end up in litigation.” Read the full article.

Robinson+Cole Health Law Group Among ABA Health Law Section 2019-2020 Top 10 Law Firms

Robinson+Cole’s Health Law Group received an eighth place ranking in the Northeast region among the 2019-2020 Top 10 Law Firms as recognized by the American Bar Association (ABA) Health Law Section. The Eighth Annual Regional Law Firm Recognition List highlights those firms “answering the call to professionalism and addressing the complex issues of their clients through their attorney involvement in the Health Law Section.” The top ten health care law firms are listed by geographic region based on Section lawyer membership as of August 31, 2020. More information, including R+C's feature, on the Section's web page.

Conor Duffy and Nathaniel Arden Author Article on OIG Special Fraud Alert Published in Medical Economics

Health Law Group lawyers Conor O. Duffy and Nathaniel T. Arden authored the article “Government fraud alert for physicians: Watch out for speaker programs” published in Medical Economics on November 18, 2020. The article examines a Special Fraud Alert issued on November 16, 2020 by the Office of Inspector General (#OIG) (OIG) highlighting the fraud and abuse risks posed by speaker programs sponsored by pharmaceutical and medical device companies. “The Alert appears to be a clear signal to health care professionals, as well as pharmaceutical and medical device companies, that the OIG will closely scrutinize remuneration exchanged or offered as part of a speaker program under the Anti-Kickback Statute (AKS) and pursue sanctions against all parties to impermissible arrangements thereunder.” Read the full article.

Jackie Scheib Recognized in 2020/21 Edition of “IP STARS”

Intellectual Property + Technology Group Chair, Jacqueline Pennino Scheib, has been named an IP Star in the 2020/21 edition of “IP STARS,” published by Managing IP magazine, one of the industry’s leading publications. Honorees are recognized as “the top practitioners in private practice who have performed exceptionally well for their clients and firms in the past year.” Jackie was the only lawyer highlighted as a Copyright Star in Connecticut and one of only seven to be ranked a Trade Mark Star in Connecticut for her work in the area of IP transactions. In addition to these accolades, Robinson+Cole was one of only nine “Recommended” law firms ranked in Connecticut.

IP Stars provides in-depth analysis and rankings of some 1,900 IP firms and 5,200 practitioners globally. The IP Stars lawyers and firms were selected through a rigorous process and weighted review of information that included interviews and surveys of partners and law firms across the country. Read more about the rankings.

Kendra Berardi Honored as One of Massachusetts Lawyers Weekly's 2020 Top Women of Law

Business Litigation Group lawyer Kendra L. Berardi has been selected for inclusion as one of Massachusetts Lawyers Weekly's 2020 Top Women of Law. The recognition celebrates the achievements of exceptional women lawyers who are pioneers, educators, trailblazers and role models. Kendra was featured in a special issue of the publication and honored during a virtual event held on November 17, 2020. Kendra serves as a co-chair of the firm’s Women’s Committee and is also a member of the Real Estate and Title Insurance and Appellate Teams.

Joey Lee Miranda Elected Vice President of NEWIEE

Environmental, Energy + Telecommunications Group lawyer Joey Lee Miranda was elected Vice President of the New England Women in Energy & the Environment (NEWIEE) during the organization’s October 2020 meeting of its board of directors. NEWIEE aims to harness the passion, intelligence, and leadership experience of women to promote and encourage public interest in the energy and environmental sectors. Joey Lee has served on the Board of Directors since 2008 and has also previously held the roles of Clerk and Assistant Clerk.

Linn Freedman Quoted in Bloomberg Law Article on Cyber Consultants’ Role in Class Actions over Data Breaches

Data Privacy + Cybersecurity Team Chair Linn F. Freedman was quoted in the article “Cyber Consulting Firms Get Tied Up in Post-Breach Lawsuits” published by Bloomberg Law on November 10, 2020. Using recent cases against Capital One and Marriott International Inc. as examples, the piece examines the role cyber consultants play in class actions over data breaches at a company they consult for. “Lawyers defending companies usually hire a consulting firm to perform forensics on a cyber incident to decide whether it should be reported as a breach. Courts have generally considered such work protected under the work product privilege, starting with a 2017 decision in a lawsuit over a data breach at Experian Plc, Freedman said. The ‘deciding factor’ in the Capital One case was that [cybersecurity firm] Mandiant had already been hired by the company, she said.” Read the full article.

Patrick Birney and Jamie Edmonson Author Article on Statutory Authority Published in the ABI Journal

Bankruptcy + Reorganizations Group lawyers Patrick M. Birney and Jamie L. Edmonson authored the article “Understanding Standing: Statutory Authority Made Simple” published in the November 2020 issue of the ABI Journal, the member publication of the American Bankruptcy Institute. The article examines distinctions between constitutional standing and statutory authority in the context of contested matters and adversary proceedings pending within cases filed under the Bankruptcy Code. Patrick and Jamie also visit Bankruptcy Code § 1109 and Bankruptcy Rule 2018 to provide finer points on the tutorial. ABI members can read the full article here.

Taylor Shea Elected to Chair of the Board of Community Housing Advocates

Business Transactions Group lawyer Taylor A. Shea has been elected to serve a two-year term as chair of board of Community Housing Advocates, Inc (CHA). CHA is the parent company of Mercy Housing and Shelter Corporation and My Sisters’ Place, Inc. CHA and its subsidiaries provide housing assistance and supportive services to persons who are homeless or at risk of becoming homeless. The organizations seeks to end homelessness by advocating for changes in the social systems that perpetuate homelessness.

Linda Morkan Elected Vice President of UConn Law School Alumni Association Board of Directors

Business Litigation Group lawyer Linda L. Morkan has been elected Vice President of the University of Connecticut Law School Alumni Association Board of Directors. Linda was elected during the Alumni Association’s virtual Annual Meeting and Awards Dinner on October 13, 2020 and will serve a one-year term. She transitions to the new role from her previous position as Secretary and has served on the Board of Directors since 2018. The Alumni Association cultivates the spirit of community and pride among those who have attended the law school and contributes to the advancement of the law school and the legal profession.

Kathryn Rattigan Quoted on Massachusetts Right to Repair Law in Bloomberg Law Article

Data Privacy + Cybersecurity Team member Kathryn M. Rattigan was quoted in the article “Massachusetts Right to Repair Law Raises Data Security Concerns” published by Bloomberg Law on November 5, 2020. The article examines a new law in Massachusetts that expands consumer and auto repair shop access to wireless diagnostic and repair information, which according to lawyers, could potentially open data up to breaches and the prospect of privacy litigation. “Massachusetts residents should use the passage of the ballot measure as a ‘wake-up call’ to educate themselves on what kinds of data sharing their cars and phones are already doing, Rattigan said.” Kathryn has covered Massachusetts Ballot 1 in recent posts published on the firm’s Data Privacy + Cybersecurity Insider blog. Read the full article.

Robinson+Cole Welcomes Fall Class

Robinson+Cole welcomes back the following members from our summer class and internship programs: Christopher Y. Eddy (University of North Carolina School of Law), Michael G. Lisitano (Quinnipiac University School of Law), Ryan M. Messina (Widener University School of Law), Samuel C. Maduabueke (University of Connecticut School of Law), Annecca H. Smith (Washington University in St. Louis School of Law), and Kayla N. West (Wake Forest University School of Law), and congratulates them on their recent graduation.

Conor Duffy and Peter Struzzi Author Article on Published in Medical Economics

Health Law Group lawyers Conor O. Duffy and Peter H. Struzzi authored the article “The benefit of COVID-19 waivers to Stark Law, anti-kickback statute” published in Medical Economics on November 3, 2020. In response to the COVID-19 public health emergency, the federal government has issued a series of regulatory waivers and guidelines relaxing the applicability of otherwise stringent fraud and abuse laws, including the physician self-referral (Stark) law, the Anti-Kickback Statute, and the Civil Monetary Penalties Law. The pandemic waivers afford providers an opportunity to demonstrate that these fraud and abuse laws are inhibiting beneficial arrangements and can be changed without significant risk to the public fisc; but fraudulent schemes that seek cover under the waivers could spoil things for everyone. In the article, Conor and Peter review the current waivers and guidelines in place, the types of arrangements they are intended to protect, and whether there may be unintended consequences that prevent the waivers from laying the foundation for long-term change. Read the full article.

Linn Freedman Authors Article on Health Data Privacy for Employers Published in EHS Today

Data Privacy + Cybersecurity Team Chair Linn F. Freedman authored the article Data Privacy Considerations for Employers Collecting Health Data from Employees During Pandemic published in EHS Today on October 30, 2020. The article addresses the balance between collecting health information from employees to maintain a safe workplace with those employees’ privacy concerns. Linn also covers several data privacy laws and principles that companies may wish to consider when determining how they will collect, use, disclose and maintain this employee data. Read the full article.

Michele Maresca Appointed to The Bridge Family Center Board of Directors

Real Estate + Development Group lawyer Michele L. Maresca has been appointed to serve a three-year term on the board of directors for the Bridge Family Center, a comprehensive regional nonprofit agency that provides children and families in the Greater Hartford area with a broad range of services, including a Family Resource Center, mental health counseling, residential services, and youth and family services, such as mentoring and positive youth development programs. The Bridge Family Center serves approximately 8,500 youth and families each year.

Anna Wang Receives Recognition for Pro Bono Service

Business Transactions Group lawyer Anna Jinhua Wang was selected to receive a certificate of recognition to be presented at the New York County Lawyers Association’s first virtual Pro Bono Awards ceremony for her dedicated service in the New York State Courts Access to Justice Program. This is the second consecutive year Anna has been recognized for her pro bono service. Hosted with the New York State Bar Association and New York State Unified Court System’s Office for Justice Initiatives in celebration of National Pro Bono week, the ceremony took place on October 29 and included program presenters the Honorable Edwina Mendelson as well as the Presidents of the New York County Lawyers' Association and New York State Bar Association.

Niel Franzese Authors Article on HVAC Upgrades Resulting from COVID-19 Pandemic

Construction Law Group member Niel P. Franzese authored the article “Impacts of the COVID Pandemic on Design and Construction: HVAC Upgrades” published in High Profile magazine on October 27, 2020. The article acknowledges the heightened focus of improvements to the design and construction of new and existing facilities, as a result of the COVID-19 pandemic, with one example being HVAC systems. The piece goes on to include the list of U.S. Centers for Disease Control and Prevention recommendations for creating safe and healthy work and business spaces. Read the full article.

Kathryn Rattigan Authors Follow-up Article on MA Automobile Open Data Platform Vote Published on Westlaw Today

Data Privacy + Cybersecurity Team lawyer Kathryn M. Rattigan authored the article “A deeper dive into the privacy + cybersecurity concerns about Massachusetts' ballot question 1” republished on Westlaw Today on October 22, 2020. The piece is a follow-up to an article on the same topic republished on August 26, 2020. Both pieces were originally published as posts on R+C’s Data Privacy + Cybersecurity Insider blog and examine a Massachusetts ballot question that would require a standardized, open data platform for vehicles equipped with telematics systems. The recent article focuses on the notion that the ballot question stands to close a loophole in the "Right to Repair" law that was first passed in 2013 and exempts manufacturers from sharing data transmitted wirelessly from the vehicle to the manufacturer. Read the full article.