Robinson+Cole Receives 43 First-Tier Metropolitan Rankings and Four National Rankings in Latest U.S. News – Best Lawyers “Best Law Firms”

Robinson+Cole received 43 first-tier metropolitan rankings, including 30 in the city of Hartford, in the 2023 Edition of U.S. News – Best Lawyers “Best Law Firms.” Law firms included in the publication are recognized for professional excellence with consistently impressive ratings from clients and peers.

Robinson+Cole also received four national rankings: Tier 1 ranking for Land Use & Zoning Law, Tier 2 rankings for Information Technology Law and Real Estate Law, and a Tier 3 ranking in Labor Law - Management. Read more in the press release. 

Rhonda Tobin Recognized as Managing Partner of the Year

Managing Partner Rhonda J. Tobin is one of five women selected for recognition as “Managing Partner of the Year” as part of Corporate Counsel’s 2022 Women, Influence and Power in Law (WIPL) Awards. Rhonda was profiled in a special supplement published on October 17, 2022 and presented with the award during a ceremony on October 18, 2022 hosted in conjunction with the WIPL Conference in Washington D.C. Read more in the press release.

Robinson+Cole Achieves Mansfield Rule 5.0 Certification

For the third consecutive year, Robinson+Cole has achieved Mansfield Rule Certification after completing a year-long process that began in July 2021. Robinson+Cole is one of only 165 law firms to receive Mansfield Rule 5.0 certification. The certification is developed and facilitated by Diversity Lab in an effort to increase the representation of diverse lawyers in leadership positions by broadening the pool of women, lawyers of color, lawyers with disabilities, and LGBTQ+ lawyers who are considered for significant governance roles, partner promotions, lateral partner and senior associate hiring and inclusion in business development initiatives.

“Fostering a diverse, equitable and inclusive environment is integral to Robinson+Cole’s core values of collaboration, civility, and inclusion,” said Robinson+Cole Managing Partner Rhonda Tobin. “Our continued participation in Mansfield Rule certification provides us with measurable benchmarks to ensure we are diversifying the leaders of our firm in accordance with those core values.” Read more in the press release.

Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

A total of 39 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2022. In addition, 30 attorneys at the firm were recognized as “Rising Stars.”

Jeffrey J. White was named to the Top 50: 2022 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2022 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2022 Women Pennsylvania Super Lawyers list. Read more in the press release.

Robinson+Cole Recognized by Benchmark Litigation

Robinson+Cole was again ranked as a “highly recommended” firm in Connecticut in the 2023 edition of Benchmark Litigation – an industry guide to the world's leading litigation law firms and lawyers. The firm also received a “recommended” ranking in the area of labor & employment.

The following Robinson+Cole lawyers earned a litigation star honor: Wystan M. Ackerman, Bradford S. Babbitt, Patrick W. Begos,  Joseph L. Clasen, Gerald P. Dwyer Jr., Edward J. Heath, Linda L. Morkan, Rhonda J. Tobin, Theodore J. Tucci, James A. Wade and Jeffrey J. White. This past August, Robinson+Cole Managing Partner Rhonda Tobin was also named one of Benchmark Litigation‘s Top 250 Women in Litigation for 2022 for the ninth consecutive year. She was the only female litigator chosen in the state of Connecticut for 2022. In addition, Stephen W. Aronson and Rachel V. Kushel received the “Labor & Employment Star” recognition in the fifth edition of Benchmark Labor & Employment. Read more in the press release.

Robinson+Cole Bolsters Intellectual Property Practice

Robinson+Cole is pleased to announce the addition of John H. Mutchler as a partner in the firm’s Intellectual Property + Technology Group. He is joined by Patent Agent Joseph R. Conte III and Intellectual Property Specialists Christina A. Engel and Noelle T. Melnik. Mutchler has a global practice advising clients on their intellectual property rights with specific experience in patent, trademark and copyright prosecution, patent appeals before the USPTO Patent Trial and Appeal Board, and intellectual property litigation. Mutchler is a Professional Engineer licensed in Connecticut. Read more in the press release. 

Britt-Marie Cole-Johnson Named Chair of Advisory Board to Teach for America Connecticut

Labor and Employment Group lawyer, Britt-Marie Cole-Johnson has been named chair of the regional advisory board leading Teach for America Connecticut. The organization serves as part of a network of partners committed to giving all students the educational opportunities, access and life choices they deserve. Teach for America Connecticut’s program is centered around vibrant urban centers in Hartford, New Haven, Stamford, Bridgeport and Norwalk, fostering partnerships with community leaders and organizations to build coalitions with students, families and educators and to combat the systemic “injustice of educational inequity.” 

Fred Hedberg Authors Construction Executive Article on the Infrastructure Bill’s Potential Effects on the Construction Industry

Construction Group lawyer Frederick E. Hedberg authored the article, “One Year Later: The Infrastructure Bill and Its Potential Effect on the Construction Industry,” published in Construction Executive’s “CE This Week” newsletter on October 31, 2022. The article discusses the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) that became law on November 15, 2021, noting that following its implementation there have been executive orders and proposed legislation that “could have significant, adverse effects on the construction industry.” While state and local governments have adopted project labor agreements (PLAs) for construction projects in their jurisdictions, the use of PLAs on federal projects typically depends on the political party in the White House. The article examines how the Biden administration has used this legislation to fulfill campaign promises to the building and construction trade unions by prioritizing PLAs, Davis-Bacon wage requirements and Buy America coverage on federal and federally-funded construction projects costing $35 million or more to the federal government, despite a historic shortage of skilled workers, major supply chain disruptions, and unprecedented materials cost inflation. The article considers the implementation of the administration’s policies in light of these problems, noting that they will likely, and needlessly, increase the cost of numerous construction projects to be funded under the IIJA, and stating that “while the actual number of PLA projects under the IIJA remains to be determined, the potential for a dramatic increase in the number of such projects is real.” Read the full article.

Emily Deans Appointed President of Connecticut Environmental Forum

Emily Deans, a member of the firm’s Environmental, Energy + Telecommunications Group, has been appointed to serve a three-year term as President of the Connecticut Environmental Forum (CEF). Her new role became official at the organization’s annual meeting on November 2, 2022, and is effective immediately. Emily previously served as a member of the CEF’s Board of Directors and as the organization’s Vice President from 2021-2022. The Forum’s core mission is to provide an effective means for environmental professionals to share and exchange information and experiences on the important environmental issues that affect their communities and careers, furthering their expert knowledge and broadening understanding about the latest issues regarding environmental regulation.

John Cordani and Jackie Scheib Featured in Law360 Article on IP+T Group’s Planned Patent Growth

Intellectual Property + Technology Group co-chairs John L. Cordani, Jr. and Jacqueline Pennino Scheib were featured in the article “Robinson & Cole IP Heads See Further Growth After Team Hire” published in Law360 on October 25, 2022. The article highlights the Group’s focus on patent litigation and patent prosecution, which led to the addition of a four-person team led by John H. Mutchler in September. John acknowledges that the Group “is looking both to expand geographically and to ‘further complement’ the focuses of its client base,” and Jackie expressed excitement about the direction the Group is headed in making R+C’s IP practice more robust with a strong patent prosecution side adding that John and his team help clients “to best capitalize upon what they have developed and ensure that it’s being protected and enforced in the most efficient manner possible.” Read the article.

Danielle Tangorre Quoted in Dark Daily Article Highlighting Four Regulatory Developments on the Horizon for Clinical Labs

Health Law Group lawyer Danielle H. Tangorre was quoted in the article, “Four Regulatory Developments Coming This Fall That Are Relevant for Clinical Laboratory Leaders and Pathology Group Managers,” published in DarkDaily on October 31, 2022. A number of federal bills and regulations are anticipated this fall that could potentially affect how laboratory managers and staff do their jobs and how much Medicare reimbursement medical laboratories receive for certain diagnostic tests next year. Following the federal indictment in July of 13 defendants for alleged genetic testing and telemedicine fraud, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued a warning about telemedicine fraud and identified seven “suspect characteristics” of telemedicine that could point to fraudulent Medicare billing.

“In the telehealth space, the issue the OIG has flagged is that genetic tests are being ordered without patient interaction or with only brief telephone conversations,” Danielle said. “Clinical laboratories need to make sure that they have proper requisitions and documentation for genetic testing that involves telemedicine.” Read the article.

Anna Wang Receives Third Recognition for Pro Bono Service Provided to the New York State Courts Access to Justice Program

Business Transactions Group lawyer Anna Jinhua Wang was once again selected to receive a certificate of recognition as part of the New York County Lawyers Association’s virtual Pro Bono Awards ceremony for her dedicated service to the New York State Courts Access to Justice Program. This is the third year Anna has been recognized for her pro bono service to the Program. 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 25, 2022. The New York State Courts Access to Justice Program is one of the Unified Court System’s many programs and initiatives which strive to increase access, improve the delivery of justice and promote public confidence in the courts.

Mike Enright Authors ABA Business Law Today Item About Claims Based on Make-Whole Provisions in Chapter 11 Cases

Bankruptcy + Reorganizations Group co-chair, Mike Enright, regularly contributes on new developments for publication in the American Bar Association Business Law Section’s Business Law Today. His most recent submission is entitled “Solving for Solvency: Problematic Make-Whole Provisions Defy Uniform Approach,” in the October Month-In-Brief: Bankruptcy & Finance, and addresses a new Fifth Circuit decision addressing the uncertain area of the proper treatment of claims “based on complex make-whole provisions in Chapter 11 cases.” The underlying concept of make-whole premiums is that if a borrower bays off a loan prior to its maturity date, the lender should be compensated for the never-earned interest due to the early payoff of the principal. However, as Mike writes, “these provisions have become much more intricate than that…(and) courts have struggled with how to treat these claims – as claims for unmatured interest that should be disallowed under Section 502(b)(2) of the Bankruptcy, or as something different that must be paid.” Mike serves as Vice Chair of the Section’s Business Bankruptcy Committee Task Force on Current Developments. Read the item.

Litigation Section Lawyers Author Law360 Article on the Future Reach of Affirmative Action Ruling

Seth B. Orkand, Joshua L. Coker and Mallori D. Thompson, members of the firm’s Litigation Section, authored the article “What May Shape The Scope Of Affirmative Action Ruling,” published by Law360 on November 6, 2022. The “Expert Analysis” article examines the affirmative action cases Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard College, dating from November and February 2021, respectively, following oral arguments presented before the U.S. Supreme Court. The authors conclude that “the fate of race-conscious admissions in higher education is no longer in any real doubt." The two cases closely resemble the most recent attempt in Fisher II (2016) to prohibit university admissions from considering race, in which the court’s then-majority determined that consideration of racial minority status was constitutional because the educational benefit of diversity in collegiate environments was 1) a sufficiently measurable compelling interest and 2) there was not a workable, race-neutral alternative to achieve diversity. Since then, the composition of the court’s justices has shifted dramatically to the right. However, the authors note that “there appear to be divisions within the court’s conservative bloc that may shape the breadth of holdings for the cases’ common petitioner.” Read the article.

Ken Baldwin Re-elected to SCG Legal Board of Directors

Environmental, Energy + Telecommunications Group chair Kenneth C. Baldwin has been re-elected to serve on the board of directors for SCG Legal, a worldwide network of 122 leading independent law firms serving clients in major commercial centers and capitals in more than 62 countries, every U.S. state capital city and the District of Columbia. Ken was re-elected to the 15-member Board from among 12,000+ attorneys in the SCG global community and will serve a three-year term. As a Director, he will play a key leadership role in strategic planning, program development, and firm recruitment and retention. Robinson+Cole is among the firms in SCG’s network, which are unified by a culture of premier legal practices and industry leadership; an elevated dedication to client service and responsiveness; a commitment to diversity and inclusion; and a devotion to transparent, innovative, and fair billing practices. 

TMA Global Presents Philadelphia/Wilmington Chapter, Led by Rachel Mauceri, with 2022 Diversity, Equity, and Inclusion Award

The Turnaround Management Association’s (TMA) Philadelphia/Wilmington Chapter was the recipient of the TMA 2022 Chapter Award for Diversity, Equity, and Inclusion, presented at the 2022 TMA Annual Conference in Boston on November 3. Bankruptcy + Reorganizations Group member, Rachel Jaffe Mauceri, is President of the Chapter, which was cited together with other award winners for having “gone above and beyond for TMA” at the four-day, “It Starts with One Connection”-themed Conference, which offered members “committed to the common goal of stabilizing and revitalizing corporate value” the opportunity to attend educational sessions, honing their corporate renewal skills and expanding their professional contacts.

In 2022, The TMA Philadelphia/ Wilmington Chapter established the Bankruptcy Law Student Diversity Initiative, through which one law student from the area is selected for a paid, eight-week, full-time summer internship with the United States Bankruptcy Court for the Eastern District of Pennsylvania. The goal of the program is to encourage diverse law students and students who have overcome substantial obstacles in the pursuit of a legal career to consider a career as a bankruptcy attorney. Robinson+Cole was pleased to be a sponsor of the Conference.

Linn Freedman Quoted in Hartford Business Journal Article on Cyber Liability Insurance

Data Privacy + Cybersecurity Team chair Linn F. Freedman was quoted in the article “Risk Assessment: As cyberattacks increase, more companies consider cyber liability insurance; but coverage costs are rising” published in the Hartford Business Journal on October 24, 20222. The article focuses on the increase in cyber-attacks, “which are growing in complexity and frequency,” and how many businesses are considering cyber liability insurance “to help restore services interrupted by a cyberattack and cover third parties, including people who have suffered damages as a result of having their data leaked.” However, “[i]nsurers writing policies for cyber risk are also requiring more information from policyholders, including requirements around security controls and a range of technical, physical, procedural and human controls, to minimize cyber risk.” Linn acknowledges that “insurance companies are challenging policyholders with basic requests for security measures” and emphasizes that business can’t rely on insurance alone. “It’s the combination of coverage and risk mitigation, ‘not leaving your doors and windows open,’ that will yield the best results, Freedman said.” Read the article.

Jen Shanley Named Program Chair for Women in Manufacturing Connecticut

Immigration Group lawyer Jennifer L. Shanley has been selected by the Women in Manufacturing (WiM) Connecticut Board of Directors to serve as the Chapter’s program chair. During her term, Jen will be responsible for organizing events and educational programs that offer networking opportunities and information in support of personal and professional development for women in the manufacturing industry. For example, WiM Connecticut hosted a networking reception on October 27, 2022 in celebration of October being Connecticut Manufacturing Month. The Women in Manufacturing Association (WiM) works to empower women workers and strengthen the manufacturing sector. As a 501(c)(6) non-profit trade association, WiM is dedicated to supporting, promoting, and inspiring women who have chosen careers in the manufacturing industry. Learn more about WiM Connecticut.

John Cordani and John Mutchler Co-Author IP Watchdog Article on the Virtues of a Consistent Patent Prosecution Litigation Strategy

Intellectual Property + Technology Group lawyers John L. Cordani and John H. Mutchler authored the article, “Cooperative v. Kollective CAFC Decision Demonstrates Virtues of Consistent and Candid Patent Prosecution Litigation,” published in IPWatchdog on October 19, 2022. In the article, the author’s highlight how Cooperative’s “simple, coherent and consistent narrative about the merits of the invention” which they stuck with through prosecution, litigation and appeal, led to their eventual success, despite the invention being “potentially assailable on eligibility grounds.” The lesson to be learned from this case, according to the authors, is that “[T]hose ancient virtues of truth, candor and courage may be slow, but there is no denying their ultimate persuasive power in the long run.” Read the article.

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

Appellate Practice Group chair Linda L. Morkan will serve a one-year term as President of the University of Connecticut Law School Alumni Association Board of Directors. Linda was installed during the Alumni Association’s Annual Meeting and Awards Dinner on October 25, 2022, and ascends to the new role from her previous position as president-elect. Prior to that, she served as vice president as well as secretary and has been a member of the Association’s Board of Directors since 2018. The Alumni Association is dedicated to cultivating 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. Linda was a volunteer adjunct professor at the University of Connecticut School of Law for more than a decade, teaching appellate advocacy skills to first-year law students.

Jon Schaefer Quoted in Recycling Today Article on New EPA Office of Environmental Justice

Environmental, Energy + Telecommunications Group member Jon Schaefer was quoted in the article “EPA establishes Office of Environmental Justice and External Civil Rights,” published in Recycling Today on October 11, 2022. The article focuses on the recent announcement by the Environmental Protection Agency (EPA) that it has established the Office of Environmental Justice and External Civil Rights to engage communities with environmental justice (EJ) concerns and better understand and advance EJ and civil rights efforts.

The EPA’s announcement states that the new Office will dedicate more than 200 EPA staff in EPA headquarters and across 10 regions, and “delivers on President Biden’s commitment to elevate these critical issues to the highest levels of the government and solidifies the agency’s commitment to delivering justice and equity for all.” The Office will oversee the implementation and delivery of a $3 billion climate and EJ block grant program authorized by the Inflation Reduction Act. According to industry watchers, the new Office’s initiatives will likely have an impact on recycling businesses, particularly those located in communities that have expressed EJ concerns.

According to Jon, this expansion shows the federal government is serious in pushing forward with environmental justice measures. ”This is a strong signal and sets up the framework for the EPA to push down their message and initiatives to the state and local levels,” he says, and one that is likely to result in a sharp increase in funding and access to data to further EJ initiatives. Encouraging recyclers to familiarize themselves with the EPA’s goals with the new Office, Jon suggests they be aware of their surroundings “and to the extent that you will be going into any permitting process, start early in that process to understand whether environmental justice factors will be involved.” Read the article here.

Andrew DePeau and Ryan Messina Author ABI Journal Article on ACA “Penalty” and the Bankruptcy Code

Bankruptcy + Reorganizations Group members, Andrew DePeau and Ryan Messina, authored the article “Is the ACA Penalty Entitled to Priority Treatment as a Tax Under the Bankruptcy Code?,” published as a Consumer Corner piece in the October 2022 issue of the ABI Journal. The article addresses the Patient Protection and Affordable Care Act (ACA) signed into law on March 23, 2010. The ACA requires certain individuals to maintain a “minimal essen­tial [health insurance] coverage” throughout the year, known as the “individual mandate.” A person sub­ject to the mandate who fails to main­tain the required insurance for one month or more is assessed a “shared responsibility payment.” Andrew and Ryan write that “although described by the statute as a ‘penalty,’ the payment is collected by the Internal Revenue Service (IRS) along with one’s federal income tax return and shares many other features of a ‘tax.’ Whether the payment is a penalty or a tax remains a hotly contested issue, and the answer dif­fers depending on the type of analysis.” The article focuses on several federal court decisions, including from the U.S. Supreme Court as well as contradictory rulings from the Third and Fifth Circuit Courts, that ana­lyzed whether the shared-responsibility payment is a tax under the Bankruptcy Code and, if so, whether such payments qualify for priority treatment. The authors conclude that “(w)hile the ACA no longer imposes a shared-respon­sibility payment, practitioners would be well-served to main­tain an awareness of the various factors that courts consider in determining the priority treatment of government claims.” Read the article here.

Conor Duffy Quoted in Law360 Article on Pfizer Lawsuit and the Anti-Kickback Statute

Health Law Group lawyer Conor O. Duffy was quoted in the Law360 article “Pfizer Gives Justices Rare Shot At Scrutinizing Kickback Ban,” published on October 14, 2022. The article examines the federal Anti-Kickback Statute (AKS) and recent interpretations by the U.S. Court of Appeals for the Second Circuit, a New York federal judge and the federal Office of Inspector General. Following defeats at the district and circuit court level, Pfizer is “forging ahead” with a petition to the U.S. Supreme Court, asserting that the fraud-fighting AKS has been given “nearly limitless” reach and that recent governmental interpretations threaten a wide swath of commonplace arrangements involving health care organizations.

The case arises from a challenge to an OIG advisory opinion brought by Pfizer in connection with a co-payment assistance program for patients needing a rare drug manufactured by Pfizer. After the OIG signaled it would not issue a favorable Advisory Opinion, Pfizer sought to challenge the government in court under the Administrative Procedure Act. Pfizer “actually was given an opportunity to withdraw the request before receiving an unfavorable opinion,” said Duffy, who is among those following the closely-watched case, “so Pfizer may, in part, have been looking for an opportunity to challenge that enforcement trend.” The article notes that such “speculation is further reinforced by the company’s petition,” stating that “pharmaceutical manufacturers have acquiesced billions of dollars in FCA settlements,” in reference to False Claims Act enforcements involving alleged charitable assistance from drug makers, because “penalties for violating the AKS are too draconian to fight.” Subscribers can read the article here.

Rhonda Tobin and Natalie Ramsey Featured in Philadelphia Business Journal Article on Firm’s Presence in the Market

Managing Partner Rhonda J. Tobin and Partner in Charge of the firm’s Philadelphia and Wilmington offices Natalie D. Ramsey were featured in the article “Robinson & Cole leaders see uptick in bankruptcy filings, expect Philadelphia growth opportunities,” published in the Philadelphia Business Journal on October 13, 2022. Rhonda reflected back on her roots in Philadelphia and discussed the firm’s growth since opening offices in Philadelphia and Wilmington in 2019. She also describes the market as being “really fertile” for the firm to pursue growth opportunities in practice areas such as bankruptcy, business litigation, real estate, education and managed care. Natalie, who is also co-chair of the Bankruptcy + Reorganizations Group, offered insight on how the anticipated recession is expected to impact bankruptcy filings. “The filings that you're seeing are often involving entities with significant litigation that they're trying to deal with or companies that are trying to sell themselves via a bankruptcy process. But the rumor mill is that we are finally going to hit that point where the economy corrects and that bankruptcy will be a very active practice for, people are predicting, the next 5 to 10 years.” Subscribers can access the article here.

Michele Maresca Featured in New England Real Estate Journal’s 2022 Women in Commercial Real Estate Spotlight

Real Estate + Development Group lawyer Michele L. Maresca was among those selected by the New England Real Estate Journal to be featured in the publication’s “Women in Commercial Real Estate” spotlight. Published in the September 30, 2022 issue, the spotlight recognizes "the outstanding women from New England's commercial real estate industry" and offers readers key insights on their personal and professional achievements. Michele offers advice to women pursuing a career in the commercial real estate industry and shares a project from the last year that she is most proud of. Read the profile.

Robinson+Cole Listed Among BTI’s 2023 Intimidating Opponents

Robinson+Cole is among the law firms listed in The BTI Consulting Group’s (BTI) “Intimidating Opponents 2023.” According to BTI, the firms receiving the designation are ones that “clients would prefer not to see…as they engage in litigation” and is part of BTI’s “46 Firms Most Feared in Litigation” report published on October 5, 2022. Founded in 1989, BTI performs research in 42 countries with clients ranging from small partnerships to Fortune 10 organizations. BTI works with market leaders in major professions including: law, accounting, engineering, management consulting, technology consulting, economic consulting, environmental consulting, design, and private equity.

Joey Lee Miranda Elected to Lead New England Women in Energy and the Environment

Congratulations to Environmental, Energy + Telecommunications Group partner, Joey Lee Miranda, who was elected President of the New England Women in Energy and the Environment (NEWIEE) on October 1, 2022. Her practice focuses on energy, telecommunications, and water matters, including litigation, transactional and regulatory representation, and counseling. Joey Lee has been a member of NEWIEE’s Board of Directors since 2008 and served as its Vice President from 2020-2022.

Danielle Tangorre Quoted in The Dark Report Suggests OIG Report and LCDs as Guidance for Labs

Health Law Group lawyer Danielle H. Tangorre was quoted in the article, “Attorney Advises Labs to Track Genetic Test LCDs,” published in The Dark Report on September 19, 2022. The article considers what guidance exists for clinical labs following the nationwide Department of Justice takedown in July and the indictment of telehealth providers, labs, medical equipment companies, and pharmacies around the country. “Labs need to keep on top of the coverage determinations,” Danielle emphasized. “In the infectious disease testing space, an LCD (local coverage determination) went into effect recently which lists specific criteria for who can order the test…These LCDs include specific criteria for when the test is appropriate and when it’s medically necessary.” Danielle also suggested that labs consult a July 2022 Special Fraud Alert from the Office of the Attorney General. “…the OIG alert outlines seven characteristics of telemedicine that might point to fraud…Looking at the suspect characteristics is a great way for labs to review compliance…the OIG has flagged tests that physicians ordered without patient interaction or with only brief telephonic conversations. Labs must ensure that when they submit the bills and attest to the accuracy of the billing, that the test has been properly ordered.” Read the article.

Linn Freedman Quoted in Bloomberg Law Article on Cyberattacks and Efforts to Improve Defenses

Data Privacy + Cybersecurity Team Chair Linn Freedman was quoted extensively in the Bloomberg Law article, “Nation-Backed Cyberattacks Escalate Push to Bolster Data Shields,” published on September 27, 2022. The article addresses a string of recent state-sponsored cyberattacks that have U.S. government agencies stepping up their cybersecurity protocols and advisement, creating pressure for private-sector companies to shore up their defenses or risk potentially devastating hacks.

The article highlights the advice from cybersecurity experts that strengthening cybersecurity is vitally important in advance of the November midterm elections, as nation-backed hackers tend to ramp up attacks on critical systems during politically active cycles. Many companies in industries such as health care and manufacturing continue to lack sophisticated cyber protections, but taking proactive steps now can help prevent security breaches and costly litigation down the road, attorneys say. The article points out that government actions and cyber insurance can increase security, while breach protection continues to be the best deterrent against litigation.

Public health care and manufacturing sectors often are not thinking about cyberattacks, “because they’re focused on providing basic services to people using systems that are usually legacy type systems,” Freedman said. “And those are obviously critical industries that our adversaries would be interested in attacking to effectuate chaos and difficulty.” She further notes that taking preventive measures is paramount to limiting legal liability and the societal damage that successful security breaches can cause. Following timely alerts from the FBI and the Cybersecurity and Infrastructure Security Agency is another useful way of remaining informed on the cyberthreat landscape, as the agencies have coordinated the best collaboration between public and private sectors she has seen in her career. “You can’t prevent all incidents” Freedman said, but “the more barriers you can put in front of them, the better.” Read the article here.

Lauren Sigg and Megan Naughton Author University Business Article on Hiring and Retaining International Talent

Immigration Group co-chair Megan Naughton and Partner Lauren Sigg co-authored the article, “Hiring and retaining talent: Immigration for educational institutions,” published in University Business on September 23, 2022. Recognizing that many institutions of higher education recruit talented faculty from around the world, the authors discuss a number of the most common nonimmigrant and immigrant options for colleges and universities, along with some considerations when determining and selecting the correct category. Among the options mentioned are the H-1B visa category – the most common nonimmigrant visa category for institutions of higher education – and the J-1 category, which allows foreign nationals to come to the U.S. temporarily and is commonly used in higher education for research scholars and professors. Read the article.

Natalie Ramsey Featured as a “Legend Icon” in ABF Journal’s 2022 Industry Icons Issue

Bankruptcy + Reorganizations Group co-chair Natalie D. Ramsey was selected as a “Legend Icon” as part of the ABF Journal’s second annual “Industry Icons” issue. Natalie is highlighted on the issue’s cover and is the first featured profile in the issue honoring “the best in the specialty finance industry.” In Natalie’s profile, titled “Playing the Long Game: Natalie Ramsey’s Legendary Career in Bankruptcy Law,” she offers insight into her more than 35-year career, which “has helped shape the discipline.” The piece describes Natalie’s work on prominent cases that have earned her "respect in the commercial litigation world” and emphasizes her “client-centric approach to the business.” Launched in 2022, The ABF Journal magazine was the first independent trade finance magazine exclusively focused on the asset-based lending, factoring, commercial finance and turnaround management industries. Read Natalie’s profile.

Maria Scungio Elected Second Vice President of AIPPI International

Maria Scungio Elected Second Vice President of AIPPI International

Intellectual Property + Technology Group partner, Maria A. Scungio, has been elected Second Vice President of the AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle). This nomination follows her position as Chair of the U.S. National Group of AIPPI (2016-2018). In her new role as Second Vice President, Maria will serve as part of AIPPI’s Bureau, which is responsible for the strategic vision and management of the Association. This puts her on track to become President of the Zurich, Switzerland-based global organization in 2026. AIPPI is the world’s leading non-profit association dedicated to the development and improvement of laws for the protection of intellectual property on both international and national bases. It is a politically neutral, non-profit organization, with more than 8,000 members worldwide from 131 countries, working for the development, expansion and improvement of international and regional treaties, agreements and national laws relating to intellectual property. Maria currently serves on the AIPPI’s Standing Committee on Trademarks and has been a member of the AIPPI-U.S. Steering Committee since 2005.

Virginia McGarrity Named to Hartford Business Journal’s 2022 “40 Under Forty” Class

Employee Benefits + Compensation Partner Virginia E. McGarrity has been selected by the Hartford Business Journal for inclusion in its 2022 “40 Under Forty” class. The Hartford Business Journal's 2022 “40 Under Forty” class showcases up-and-coming professionals who are leading their organizations and represent the promising future of the city, region, and state. The honorees were each profiled in a special section published in the August 15, 2022, edition of the Hartford Business Journal and recognized during a special ceremony on September 27, 2022. Read more in the press release.

Virginia McGarrity Elected to The Connecticut Forum Board of Directors

Employee Benefits + Compensation Group lawyer Virginia E. McGarrity was elected to serve a three-year term on The Connecticut Forum Board of Directors effective September 22, 2022. Founded in 1992, The Connecticut Forum is a one-of-a-kind 501(c)(3) nonprofit organization serving Connecticut and beyond with live, unscripted panel discussions among renowned experts and celebrities, and community outreach programs including the award-winning Connecticut YOUTH Forum. Forums are presented four times per year to audiences of 2,800 at The Bushnell theater in Hartford. Robinson+Cole is pleased to be a sponsor of the Forum’s 2022 season. Learn more about The Connecticut Forum.

Michael Orce Profiled in Hartford Business Journal’s 2022 C-Suite Awards Issue

Robinson+Cole Chief Operating Officer Michael R. Orce was profiled in a special issue of the Hartford Business Journal commemorating the publication’s 2022 C-Suite Awards class. Published on September 26, 2022, the section features those who have been identified as the top-performing C-level executives in Greater Hartford. The honorees will also be recognized during a special ceremony on October 27, 2022. View Michael’s profile.

Conor Duffy and Ben Daniels Author Article on Second Circuit Interpretation of the Anti-Kickback Statute for Physicians Practice

Health Law Group member Conor O. Duffy and Business Litigation Group member Benjamin M. Daniels authored the article “Second Circuit affirms HHS rejection of direct copayment assistance under anti-kickback statute,” published in Physicians Practice on September 16, 2022. The article examines the recent decision by the U.S. Court of Appeals for the Second Circuit that rejected an appeal brought by Pfizer, Inc., regarding possible violation of the Anti-Kickback Statute (AKS). The decision addressed a proposed direct copayment assistance program where reimbursements would go directly to the patient looking to buy Pfizer’s own drugs. The Second Circuit upheld the Department of Health and Human Services’ (HHS) interpretation of the AKS as prohibiting the arrangement, which reiterates for health care organizations the importance of adhering to HHS guidance concerning federal fraud and abuse laws. The decision also emphasizes the government’s continued concerns with patient copayment assistance programs associated with pharmaceutical manufacturers that can directly influence purchases of the manufacturers’ drugs. This decision represents an important affirmation of HHS’ interpretive authority over the scope of the AKS and implicitly reinforces recent HHS guidance. Read the article.

J. Tyler Butts Is Honored at CBA Young Lawyers Section Annual Retreat

Congratulations to J. Tyler Butts, a member of the Insurance + Reinsurance Group and the firm’s Litigation Section, who was recognized with a Leadership Award at the Connecticut Bar Association’s Young Lawyers Section (YLS) leadership retreat on August 12-13 in Ledyard, Connecticut. The annual event is intended to familiarize new members of the Executive Committee with the duties of their leadership roles and to present awards to members of the committee for their service during the previous year. As a member of the Executive Committee, Tyler earned a Leadership Award for organizing several CLE and non-CLE events, including a revamped YLS pro bono outing, during the 2021-2022 bar year.

Peter Knight Quoted in Transition Economist Article on Streamlining Offshore Wind Permitting

Environmental, Energy + Telecommunications Group lawyer Peter R. Knight was quoted in the article “US takes on offshore permitting bottleneck” published in Transition Economist on September 8, 2022. The article focuses on the passing of the Inflation Reduction Act (ITA) as an economic boost to US offshore wind projects as well as a new regional approach by the Bureau of Ocean Energy Management (Boem) that will make site specific reviews more straightforward as the result of an initial regional review. “'Conceptually, the policy is very sound and should accelerate permit review and determination,' says Peter Knight, partner at law firm Robinson & Cole, although he [cautions] 'it is still early days” for the new approach.'"

Stephani Roman Accepted to DRI’s Diverse Rainmaker Mentoring Program

Congratulations to Insurance + Reinsurance Group lawyer Stephani A. Roman, who has been selected to participate in the inaugural class of DRI’s Diverse Rainmaker Mentoring Program. The program is designed for high-potential, early-career civil defense attorneys who are members of DRI and are from historically underrepresented groups. The goal of the program is to provide mentees with practical tools for developing and leveraging relationship-building skills applicable to law firm practice. Stephani joined R+C in 2019 after working for six years as a claims adjuster in the insurance industry. Her practice involves the representation of domestic and foreign D&O and E&O insurers in coverage matters. The DRI Mentoring Program term runs through August 31, 2023.

Candace Cunningham Writes on Revisions and Updates in ALTA 2021 Loan Policies of Title Insurance

Candace Cunningham, a member of the Real Estate + Development Group, authored the article “New ALTA 2021 Loan Policies of Title Insurance– Some Practical Considerations for Lenders,” published in the Fall 2022 edition of The Abstract, a publication of the American College of Mortgage Attorneys (ACMA). The article looks at the multi-year efforts by the American Land Title Association (ALTA) to revise and update its 2006 Loan and Owner Title Policies, made available in July 2021, with a specific focus on selected revisions to the Covered Risks, Exclusions, Schedule B Part I and Part II Exceptions and Conditions in the 2021 Loan Policy. Candace writes, “(L)ender clients want to know: do any changes potentially spell more risk for the insured; has coverage been limited or narrowed; has coverage been clarified or added to benefit the insured? ” Candace serves as co-chair of the ACMA’s Title Insurance Committee and is a member of its Program Committee. Read the article here. 

Christine Rutigliano and Caley Taratus Presented with “Partners in Advocacy Award”

Congratulations to Christine Rutigliano and Caley Taratus, members of the Roffe Group of Robinson+Cole, who were honored at the New York Organization of Nurse Executives & Leaders' (NYONEL) 30th Anniversary Gala: "Honoring the Past, Inspiring the Future" on September 10, 2022, in Tarrytown, New York. Christine and Caley received "The Partners in Advocacy" award. Honorees are recognized as experienced and rising leaders who have displayed exceptional leadership in their respective roles and as champions in promoting NYONEL goals, which are to provide education, expertise and a forum for nurse leaders’ united voices, advocating for improvements in healthcare and the profession.