Linn suggests that resolve to strengthen a company’s digital risk management program starts at the top, however “company executives often only make cybersecurity a priority for their company following a security incident — most commonly a ransomware attack...” Linn emphasizes that, “preparation for a security incident is the cornerstone of an organization’s digital risk management practices.” She offered five steps to consider when evaluating a company’s program: review governance structure of information security; map and classify high-risk data; implement strong security measures for high-risk data; implement and test an incident response plan; and keep an eye on compliance and risk of litigation.
The legislation that legalized cannabis use in Connecticut “…also empowered the state’s municipalities to regulate adult recreational cannabis establishments through local zoning codes or ordinances.” The authors surveyed the state’s 169 municipalities to identify regulatory trends and varying approaches taken by communities across the state. There are at least 90 municipalities that permit some form of cannabis establishments, with 72 of them having enacted their own regulations. Evan, Ryan and Chris examine and report how municipalities are dealing with related issues including where establishments are allowed, permitting and procedural considerations, distance separation requirements, security and odor issues, and visibility of products. Evan serves as CCAPA’s Program Committee Chair and is a member of the Executive Board.
In the article, Danielle points out numerous issues that will be impacted by the termination of the COVID-19 Public Health Emergency (PHE) that officially ended on May 11, 2023. They include the End of HIPAA Flexibilities, COVID-19 testing, Stark Law and Anti-Kickback Waivers, and Remote Review of Laboratory Data and Pathology Digital Reads. Danielle suggests that, “as the PHE terminates and the pandemic-era flexibilities come to an end, laboratories should review their current policies and procedures and take appropriate steps to implement compliance.”
The conference once again brought together leadership from the EPA and each of the New England states for a discussion that included key changes or priorities for stormwater permitting programs, PFAS and other NPDES and pretreatment discharge permitting developments, and infrastructure priorities and opportunities. In addition to serving as one of the Summit’s program chairs, Bob is a member of EBC’s Water Resources Committee Leadership Team.
In the article, Andrew and Annecca discuss the U.S. Bankruptcy Court for the Southern District of Texas and their recent addressing of the applicability of a secured creditor’s lien rights in the debtor’s “accounts” under Article 9 of the Uniform Commercial Code (UCC). The court concluded that under Texas UCC Law, proceeds from a real estate sale are accounts that could be subject to an Article 9 lien. Andrew and Annecca examine this case and compare it to two other decisions analyzing the interplay between the nature of the security agreement, the applicable state’s UCC definitions, and the timing of any sale or disposition of the collateral.
With pay equity an ongoing workplace concern, “many state and local jurisdictions have introduced and passed a range of laws aimed at closing the wage gaps based on gender and race that still exist in many industries, including manufacturing...” As the U.S. labor market remains tight, manufacturers might be concerned about how these pay transparency laws will affect them. Some employers worry the disclosure of salary information could put them at a disadvantage while others suggest that including information about pay up front saves them time during the hiring process and may attract better-qualified applicants. “Employers should understand what laws apply to their business, which depends on where they employ workers, and be mindful that several laws apply to remote positions.”
Steve, and Mills & Reeve’s Andrew Tobin, discussed the differences in litigating coverage disputes in the US and England and touched on a variety of topics including: (1) jurisdictions and sources of law; (2) appointment/elections of judges; (3) jury/bench trials; (4) policy construction; (5) discovery, evidence and trial procedure; (6) costs and punitive damages; and (7) bad faith.
Since the COVID-19 pandemic, significant numbers of healthcare workers have left the industry, leaving hospitals and health care systems between a rock and a hard place – having to continue patient care while maintaining compliance with state and federal health care regulations and, remaining financially solvent. In their article, the authors explore different strategies hospitals and health care systems have tried – including traveling nurses, internal staffing models and data driven targeted hiring and recruitment – and the health care and employment law implications of each. These challenges have forced hospitals and health care systems to adapt and innovate in order to succeed. Evaluating hospitals’ financial conditions and competing risks can help determine which approach is best.
Comprised of leaders in the legal community, panelists discussed leadership challenges and proactive approaches to planning for serious risks and rewarding successes, DEI initiatives and potential generational divides, the hybrid work model and engagement, and supporting teams at a time of loss. The objective of the program was to offer the CBA Presidential Fellows insight into various leadership strategies, styles and pitfalls when managing any legal organization. In an effort to further encourage and increase the active involvement of young lawyers, lawyers who no longer qualify for membership in the Young Lawyers Section (YLS), and diverse lawyers in the leadership and activities of CBA sections, the CBA established the Presidential Fellowship Program to provide such lawyers with an opportunity to become more involved in the substantive work of CBA sections, further develop their leadership abilities, and promote the section to other members of the YLS and the bar.
Rachel was among several restructuring professionals that taught during the preconference workshop "TMA Restructuring Boot Camp" which offered a high-level overview of what it's like to parachute into a simulated distressed company uncovering the financial, management, and legal issues during your first weeks on an engagement. The Boot Camp allowed attendees to discuss their proposed approaches with experts and ask questions about how to approach the engagement.
The presentation focused on strategies and best practices for practically maintaining proprietary and competitive advantages in the supply ecosystem, including teaming agreements, joint development agreements, NDAs, trade-secrets, patents, and branding and licensing.
It’s not every day that bacon can serve as the starting point for a discussion on intellectual property. John uses the recent case of HIP, Inc. v. Hormel Foods Corp., No. 2022-1696 (Fed. Cir. May 2, 2023) to introduce the question, “who is an inventor?” and discuss the impact that artificial intelligence (AI) is having on the issue of “inventorship.” John suggests we rely on the Patent Act which “delegates the issue to the courts for development through common law…” and that we should “allow the courts to consider individual cases about who owns patents and copyrights to which AI contributed. The specific works and the incarnate facts will matter and will enable the just result to be more easily gleaned.”
As litigation involving special purpose acquisition companies (SPACs) continues to gain momentum in Delaware, the authors analyze the recent decision in Delman v. Gig Acquisitions3 that could foretell a limiting of available defenses in future cases. In short, the Delaware Court of Chancery rejected each of the defendants’ arguments, which included derivative claims, holder claims, contract claims, ratification/’Corwin’ cleansing, and exculpation. To avoid future litigation claims, the authors suggest that SPACS should consider giving conservative forecasts of company performance in the proxy materials, and using lead negotiators who are disinterested and who do not stand to realize significant gains from the transaction, among their preventative measures.
Kate and Seth provided an overview of the key changes, followed by a discussion on how the new rules underscore the focus of the Department of Education’s enforcement priorities as well as practical solutions institutions should consider in preparation for the issuance of the final regulations.
The panel of law firm leaders discussed past, current and future developments related to global privacy and cybersecurity laws.
The panel of law firm leaders discussed the challenges and changes surrounding effective diversity, equity and inclusion (DEI) and environmental, social, governance (ESG) programs that have emerged over the past few years as well as the importance of including effective initiatives into firm business activities and culture
The program featured US EPA Regional Administrator Dr. David Cash and Department of Energy & Environmental Protection (DEEP) Commissioner Katie Dykes discussing their respective agency’s environmental and energy program developments, enforcement activities, budgets, and overall priorities for 2023.
During the webinar, Yelena and Sapna covered different approaches hospitals and health care systems have taken to address staffing shortages and offered approaches from both a health law and employment law perspective, as both are critical to ensuring regulatory compliance.
The virtual program discussed how recent legal decisions from courts in Connecticut and Massachusetts have changed the “regulatory” tides with respect to local harbor management and what this means for existing and future development along the coast.
The article points out that COVID-19 has driven increased telehealth access and technology-based health care services, but after grappling with the challenges imposed by the pandemic, health care organizations must now prepare for the upcoming end of the public health emergency. Kate and Conor highlight key legal and compliance issues affecting the delivery and reimbursement of these services going forward. They also strongly urge health care organizations to develop policies for telehealth services for 2023 and 2024, develop an annual telehealth training for providers and staff, and consider effective methods for blending in-person and virtual care delivery, among other key takeaways.
The webinar provided an overview of the protection and enforcement of patents and trademarks and covered the basics of patents both domestic and abroad as well as addressed trademark protection and enforcement in the US and foreign jurisdictions. The webinar was part of a series of programs offered in association with Export Week 2023.
Given recent economic events, including inflation, interest rate hikes and their ramifications on the financial sectors, the panelists discussed and explored those events and how they could affect the ability of companies to access the capital markets. The panelists also explored how access to the capital markets could force a company to restructure or refinance existing obligations given the recent history of low interest rates and easy access to funding.
The article points out that health care staffing continues to be a challenge for hospitals and health care system across the country due to staff burnout from COVID-19, among other issues, heavily limiting service lines and volumes of services hospitals are able to offer. Yelena and Sapna cover several, cost-effective, long-term solutions that support retention and recruitment of the hospital workforce. The article outlines strategies and key factors that may impact the effectiveness of these solutions.
When establishing a new company in the United States investors must choose what corporate structure will best fit their business’ needs. Each type – whether a limited liability corporation (LLC), an S-Corp, a co-op, or other – has advantages and disadvantages depending on the industry and business priorities. This session covered the various corporate structures available in the U.S. and which might be best suited for business.
In the article, Abby and Sapna address questions concerning the incoming summer class of interns and the readiness of employers to welcome them to their workforces. Employers should set clear expectations for their interns and create programs that are consistent with applicable law. Abby and Sapna conclude that no matter the differences between individual internships, it is exceedingly important for employers to have a well-managed internship program that supports the company’s particular initiative or goal.
The event was presented by the KO Power of Women, a club for female-identifying KO students from Upper Prep to Form 6, moms, and alumni who work to connect women in the KO community with students to develop an authentic and engaging dialogue around the issues of women’s leadership and empowerment.
The program focused on laws that govern the employer/employee relationship, ethics within those relationships, and ethical principles to help employers maintain a stronger workplace.
The Lecture was established in recognition of Judge Dreher’s lifetime commitment to excellence, the ethical practice of law, and scholarship. Each year, the Minnesota Fellows in the College invite distinguished practitioners, academics, and judges to Minnesota to discuss emerging issues in bankruptcy law and practice.
Bob facilitated a discussion on the latest developments affecting the Clean Water Act. Topics included the current status of various SCOTUS decisions impacting the Waters of the United States and practical impacts of those decisions.
The panel touched base with discussions on recent trends in global antitrust with a focus on how the American antitrust policy has shaped international debates and how other jurisdictions' stances have influenced internal U.S. antitrust policies if they did so in the first place. The panel also discussed specific policy questions, such as comparing the recent developments of the U.S.’ leniency and cartel enforcement programs with other nations.
In the article, Curtis and Trevor summarize the recent finding of the Delaware Court of Chancery that a restrictive covenant entered into in connection with the sale of a business was not enforceable. Restrictive covenants must be narrowly tailored to the geographic area reached by the seller and serve the buyer’s legitimate economic interests. The authors discuss the ramifications of the decision, which has only advanced a developing trend in the Court of Chancery to scrutinize and refuse to enforce facially overbroad restrictive covenants in the context of the sale of a business. The authors note that purchasers in M&A transactions should not assume that courts applying Delaware law will automatically blue-pencil facially overbroad restrictive covenants, instead giving careful consideration to geographic scope and temporal duration.
The article focuses on House Bill No. 6826, An Act Concerning Liability for False and Fraudulent Claims, which seeks to expand the scope of Connecticut’s current False Claims Act by eliminating the limitation that it only applies to state-administered health and human services programs. After a public hearing held on March 6, 2023, the bill was voted out of committee by a wide margin, and then added to the House Calendar on March 28, 2023. Fred and Will discuss false claims laws in New England and examine Massachusetts recent uses of its False Claims Act, and warn that “[s]uch a law could unfairly penalize contractors, causing them to incur significant costs to defend claims that may be subjective (but not fraudulent), risk losing prequalification status, or face suspension or debarment, any of which could jeopardize their businesses.”
In the article, Megan discusses OSHA’s new policy expanding penalties for instance-by-instance (IBI) citations. Reinforcing OSHA’s stated commitment to increased enforcement in the years ahead, these new penalties have the potential to significantly increase the monetary penalty amounts associated with certain violations. Under the new policy, which went into effect on March 27, the IBI policy will now apply to high-gravity serious violations in areas including falls, respiratory protection, and permit required confined space. The new IBI policy will also apply to other-than-serious recordkeeping violations. Employers with certain types of recordkeeping violations could find themselves subject to significant penalties for failures to record or inaccuracies in the records.
The aim of the event was to provide women in law within the Northeastern region with an opportunity to share their unique stories, communicate, and network with one another in a supportive environment, inevitably strengthening connections with each other.
Robinson+Cole's Megan Baroni appeared on the American Bar Association podcast series, Environmental Law Explored to discuss environmental laws and regulations for emerging microplastic concerns. Environmental Laws and Regulations for Emerging Microplastics Concerns Series: Episode 8 - Litigation and Future Predictions, Megan and additional podcast guest Sarah Morath, Associate Professor at Wake Forest Law, take a deep dive into future litigation trends in the microplastics realm.
The Women's History Month lunch and learn panel explored how a younger generation of women are breaking down barriers and redefining what it means to be empowered and successful. The program promoted meaningful dialogue about important issues facing women in the workplace, so they will continue to make progress towards gender equality.
The second program in the series focused on small businesses finding international customers, distributors and sales reps with an emphasis on how to get the deal, enter international markets, and find growth opportunities. Participants learned how to get the deal, enter international markets, and find growth opportunities and were provided with tips and tactics to find new buyers, sign them, negotiate agreements, and connect with clients overseas. In addition, other presenters covered U.S. Department of Commerce services with Gold Key and profile reports and various tactics to improve marketing plans and navigate solid license and distribution agreements to keep them.
The panel considered some common barriers and obstacles to innovation and transformational change within law firms, addressing culture, leadership and data. The virtual Summit brought together law firm leaders, their clients, and leading experts to explore adapting to a risk management landscape characterized by abrupt change while illuminating the application of strategic foresight into broader risk management efforts.
David presented the patent law portion of the two-hour program, which also included an update on recent trademark and copyright law, and addressed hot topics such as the Metaverse, artificial intelligence, patent eligibility, inventorship, design patents obviousness, First Amendment issues in trademark law, Copyright Fair Use, the Copyright Claims Board, and Good Faith Mistakes in copyright applications.
The panel discussed how secured creditors can inadvertently find themselves junior in priority, diminishing the value of their loans, and how they can protect themselves.
The article focuses on the federal No Surprises Act (NSA), which was enacted as part of the Consolidated Appropriations Act, 2021 on December 27, 2020 to provide protections against surprise (or balance) billing for three categories of services, all of which have in common the patient’s inability to choose a provider. Milanna offers summaries of the interim and final rules implementing the NSA as well as their enforcement.
Earl and Jim led a discussion on how climate change, environmental justice, and ESG are impacting the terminal industry physically and from a business perspective. The discussion afforded ILTA Members an opportunity to talk candidly and share best practices on an important cross-sector issue.
The introductory level course focused on topics of immediate concern to all municipal land use agencies, boards, commissions, and their staffs. The training provided a broad review of the municipal land use process, including zoning, planning, zoning board of appeals, and wetlands issues.
In the article, John explores the recent decision in the case of Lite-Netics, LLC v. Nu Tsai Capital, LLC, which upholds strong free speech rights for patent holders and addresses the issue “how much can (or should) be said in the marketplace about a patent dispute?” The Federal Circuit clarified that First Amendment protections apply to patent holders, and that “federal patent law preempts state-law tort liability for a patentholder’s good faith conduct in communications asserting infringement of its patent and warning about potential litigation.” That said, the decision serves as “a reminder that what can be done under the First Amendment may not necessarily coincide with what should be done.”