Following the Money on a Construction Project

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"Following the Money on a Construction Project," as part of the 2023 Higher Education Real Estate Lawyers (HEREL) Conference at the University of Minnesota

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The session covered several money-related topics that arise over the course of a project such as allowances, contingencies, savings, and buyouts. The program also addressed these issues from both the owner standpoint and the contractor standpoint.

Privacy, Security, and AI: Transforming Information Governance

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"Privacy, Security, and AI: Transforming Information Governance," as part of ARMA New England's " 2nd Annual Golf Benefit and Education Day" (9/19/2023)

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With information governance playing an increasingly significant role in the way corporations do business, Kathryn focused on understanding privacy laws and regulations that apply to business and how information governance can help comply with these laws, how information governance is a key element in improving data security for organizations and preventing data breaches, and how and why artificial intelligence is increasingly used in information management.

Bad Faith Bankruptcy Filings

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"Bad Faith Bankruptcy Filings," as part of the 2023 Connecticut Bankruptcy Conference (9/14/2023)

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The panel explored current issues concerning “bad faith” bankruptcy filings, including whether a subsidiary company files in bad faith if it has a sufficient “funding backstop” through its parent company as discussed in In re LTL Mgmt., LLC, 64 F.4th 84 (3d Cir. 2023). Discussion included the current state of the law, the types of potential bad faith filings and different perspectives and arguments for and against allowing dismissals for bad faith.

Data Privacy and GenAI

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"Data Privacy and GenAI," presented by Jennifer M. Driscoll, co-presented as part of the Future Lawyer Week (FLW) New York Summit (9/14/2023)

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Defending Class Actions Using Absent Class Member Discovery

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"Defending Class Actions Using Absent Class Member Discovery," a Strafford CLE webinar (9/14/2023)

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The program examined current trends in seeking discovery of putative class members, shared considerations for defense counsel in conducting absent class member discovery, and covered leveraging the evidence obtained during certification, settlement, and trial.

COVID-19, Generative AI And The 'Lost Generation' Of Lawyers

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"COVID-19, Generative AI And The 'Lost Generation' Of Lawyers," a myLawCLE live-video broadcast (9/14/2023)

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Jen provided an overview of artificial intelligence (AI) technology and its actual and potential effects on the legal industry. In particular, she addressed what the combined impact of COVID and Generative AI may have on the day-to-day practice of law, especially for junior associates, who are at risk of becoming a “lost generation” of lawyers. Jen also discussed how law firms can embrace AI technology while ensuring that their integrity of operations and talented attorneys thrive.

Health Law Diagnosis - Two Pathways for Medicaid Self-Disclosures Announced by OMIG

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"Health Law Diagnosis - Two Pathways for Medicaid Self-Disclosures Announced by OMIG" authored by Danielle H. Tangorre (9/1/2023)

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As the Temperature Rises, Employer Obligations Rise Too

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"As the Temperature Rises, Employer Obligations Rise Too," authored by Abby M. Warren, published in EHS Today (8/31/2023)

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The article examines OSHA’s new focus on the enforcement of heat-safety violations occurring in indoor work environments, such as manufacturing and warehouse facilities. While OSHA has yet to issue a national standard for workplace heat-safety rules, just yesterday on August 30, they released a “Regulatory Framework” meant to outline potential options for the elements of a future OSHA standard. The authors suggest that after a thorough review of OSHA’s Regulatory Framework, employers could draft and implement a written heat stress prevention program or heat illness prevention plan for their worksite or facility. In addition to OSHA guidelines and standards, employers should also be aware of their obligations to address safety concerns under other existing legislation including the Americans with Disabilities Act and the National Labor Relations Act.

Artificial Intelligence and the Future of Insurance

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"Artificial Intelligence and the Future of Insurance," presented by Sean C. Griffin, as part of the 2023 General Counsel Connect hosted by the National Association of Mutual Insurance Companies (NAMIC) in Chicago, IL (8/29/2023)

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Sean described AI’s potential benefits, and he also discussed AI’s potential to expose insurers to sloppy claims handling, bad-faith lawsuits, and government investigations. This event featured roundtable discussions on the latest legal challenges facing the industry and networking opportunities for general counsel, corporate counsel, and chief legal officers of NAMIC member companies.

Cybersecurity for Tax Professionals—Advanced Session

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"Cybersecurity for Tax Professionals—Advanced Session," presented by Kathryn M. Rattigan, as part of the Internal Revenue Service’s “2023 IRS Nationwide Tax Forum” in Orlando, FL (8/29/2023)

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Health Law Diagnosis - Connecticut Supreme Court Issues Opinions Addressing Scope of Immunity for Health Care Workers Under Governor Lamont’s Executive Order No. 7V

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"Health Law Diagnosis - Connecticut Supreme Court Issues Opinions Addressing Scope of Immunity for Health Care Workers Under Governor Lamont’s Executive Order No. 7V" authored by Erin C. Howard (8/28/2023)

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Feeling at Home with I-9s?

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"Feeling at Home with I-9s?" co-presented by Megan R. Naughton and Lauren M. Sigg, R+C hosted webinar (8/24/2023)

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The program focused on the new I-9 form, the remote inspection rules, and other related issues. 

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (8/24/2023)

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Cybersecurity for Tax Professionals—Advanced Session

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"Cybersecurity for Tax Professionals—Advanced Session," presented by Linn F. Freedman, as part of the Internal Revenue Service’s “2023 IRS Nationwide Tax Forum” in San Diego, CA (08/22/2023)

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

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"Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals," co-authored by Benjamin C. Jensen, Michael G. Lisitano and Conor O. Duffy, published in Law360 Expert Analysis (8/22/2023)

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Referencing a July 25, 2023 opinion issued by the Connecticut Supreme Court in High Watch Recovery Center Inc. v. Department of Public Health, the “Expert Analysis” article emphasizes the importance of “[u]nderstanding the distinction between mandatory and discretionary public hearings…for parties to CON proceedings to avoid foreclosing potential appellate rights.” The authors indicate that the ruling is “significant in that it rejects a rigid application of the statutes governing CON procedures and instead focuses on the substance of the public hearing at issue in assessing whether a matter qualifies as a contested case.” Conor, Ben and Michael provide background on the case, examine the decision and offer some key takeaways. 

Careers

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"Careers," presented by Shivang S. Gandhi, as part of the Bristol Myers Squibb (BMS) Law Department Inclusion & Diversity Internship Program summer reception (8/19/2023)

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Panelists reflected on their experience in the internship program, how they went about choosing job opportunities and offered insight in to the practice they are currently working in.  

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (8/18/2023)

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COVID-19, Generative AI And The 'Lost Generation' Of Lawyers

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"COVID-19, Generative AI And The 'Lost Generation' Of Lawyers," co-authored by Jennifer M. Driscoll and Linn F. Freedman, published in Mealey’s Litigation Report: Cyber Tech & E-Commerce (August 2023)

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Suing Government

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"Suing Government," presented by Brian C. Freeman, presented as part of the Energy Marketers of America 2023 State Executives Annual Meeting (8/15/2023)

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The program provided an overview of recent caselaw, particularly in the environmental arena, that provides new or expanded avenues for judicial challenges to federal or state agency action, and an introduction to strategic and procedural issues for such challenges, including federal vs. state court, standing, and governmental privileges. 

Higher Interest Rates Create Opportunity and Potential Liability

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"Higher Interest Rates Create Opportunity and Potential Liability" co-authored by Keisha S. Palmer, David M. Panico, Glenn A. Santoro, Christie D. Jean and Garrett S. Shaikh (8/15/2023)

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Protecting Business Interests Amid Rise in Legislation Aimed at Restricting Noncompetes

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"Protecting Business Interests Amid Rise in Legislation Aimed at Restricting Noncompetes," authored by Abby M. Warren, published in PE, the flagship publication of the National Society of Professional Engineers (Spring 2023)

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The article explores a proposal by the Federal Trade Commission that would largely prohibit employers from imposing noncompete agreements on workers. According to the authors, this occurs at a time where many state and local jurisdictions have already passed or proposed legislation to ban or restrict noncompetes. The piece goes on to offer alternative options for employers, including confidentiality/nondisclosure agreements, nonsolicitation agreements, return of property agreements/device agreements, fiduciary duty notices and agreements, and reminder letters to departing employees.

Cash Is Not King Anymore—Strategies for Protecting Tenant Assets in Landlord Bankruptcy

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"Cash Is Not King Anymore—Strategies for Protecting Tenant Assets in Landlord Bankruptcy," co-authored by Katherine S. Dute and Michael C. Barber, published in the ABI Journal, the member publication of the American Bankruptcy Institute (July 2023)

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In the context of a landlord bankruptcy, the article explores: the characterization, treatment, and priority of commercial security deposits; the role that state statutes might play in making such determinations; and strategies for mitigating risks to the recovery of such assets held by nonresidential landlords. 

Health Law Diagnosis - Connecticut Expands Nurse Protections Relating to Hospital Nurse Staffing Plans, Scope of Practice, and Overtime

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"Health Law Diagnosis - Connecticut Expands Nurse Protections Relating to Hospital Nurse Staffing Plans, Scope of Practice, and Overtime" co-authored by Yelena Greenberg, Conor O. Duffy and Ivy K. Miller (8/9/23)

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Cybersecurity for Tax Professionals—Advanced Session

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"Cybersecurity for Tax Professionals—Advanced Session," presented by Linn F. Freedman, as part of the Internal Revenue Service’s “2023 IRS Nationwide Tax Forum” in Washington DC (8/8/2023)

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Know the Risks and Rewards of Employer-Sponsored Summer Activities

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"Know the Risks and Rewards of Employer-Sponsored Summer Activities," authored by Abby M. Warren, published in the Hartford Business Journal (8/7/2023)

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Co-authored with R+C alumna Sapna Jain, the article points out that regardless of the kind of activity, “the goal is the same – to provide a fun, safe, and inclusive experience. In addition, the goal is to limit possible legal risks associated with such activities. To that end, there are a number of questions that employers should be asking in order to limit these risks,” including “What should we do?, Will alcohol be served?, What policies apply?, How do we set the tone?” The authors suggest that “employers who are planning summer gatherings consult competent counsel to ensure the proper safeguards are in place to mitigate potential legal risks”…and ensure that employees will remember the event for all the right reasons.

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

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"How the EU’s New Foreign Subsidies Regulation May Impact Cross-Border Acquisitions by U.S. Companies" co-authored by Kathleen M. Porter and Amy R. Roth (8/4/2023)

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Data Privacy and Cybersecurity: What In House Counsel Should Know

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"Data Privacy and Cybersecurity: What In House Counsel Should Know," presented by Sean C. Griffin, presented as part of the Arkansas Association of Defense Counsel Annual Meeting (8/3/2023)

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The Dark Side of Technology: Data Privacy and Cybersecurity Outside Counsel Perspective

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"The Dark Side of Technology: Data Privacy and Cybersecurity Outside Counsel Perspective," presented by Sean C. Griffin, as part of the Arkansas Association of Defense Counsel Annual Meeting (8/3/2023)

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Health Law Diagnosis - Connecticut Supreme Court Addresses Contested Case Issue in Ruling on Certificate of Need Appeals

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"Health Law Diagnosis - Connecticut Supreme Court Addresses Contested Case Issue in Ruling on Certificate of Need Appeals" co-authored by Michael G. Lisitano, Conor O. Duffy and Benjamin C. Jensen (8/2/2023)

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Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (7/27/23)

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Recent Litigation Provides Guidance as Schools Await New Title IX Regulations

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"Recent Litigation Provides Guidance as Schools Await New Title IX Regulations," co-authored by Sabrina M. Galli and Seth B. Orkand, published in the Boston Bar Journal (7/27/2023)

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While revisions to Title IX regulations are expected from the Biden administration this October, Title IX cases have continued in federal court. Approximately fourteen Title IX cases have been filed in the District of Massachusetts since this publication’s last update in 2020 and the First Circuit has decided approximately seven of them. The attorneys explain that while Title IX guidance and regulations continue to fluctuate, there are two theories a plaintiff may assert: selective enforcement and erroneous outcome. Regardless of which theory a plaintiff pursues, both require showing and proving a gender bias. While numerous cases have been dismissed on the basis of Title IX claims, a number have proceeded on claims of breach of contract, highlighted in the attorneys’ discussion of Doe v. Stonehill College and Doe v. Williams College. The attorneys conclude that while schools await October revisions to Title IX regulations, courts “can be expected to require schools to follow their procedures, provide respondents the opportunity to appropriately review or respond to evidence, and avoid undue influence by staff who are not decision makers in the Title IX processes.”

New air permitting and other requirements for Middlesex County, New Haven County, and Shelton, CT – Who, What, When

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"New air permitting and other requirements for Middlesex County, New Haven County, and Shelton, CT – Who, What, When," presented by Brian C. Freeman, co-chair and presenter for Environmental Business Council of New England (EBC) Connecticut Chapter webinar (7/27/2023)

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For such facilities, the regulatory landscape changed significantly on November 7, 2022, when EPA re-classified these locations from “serious” to “severe” nonattainment with federal air quality standards for ozone. The reclassification (a/k/a “bump-up”) cut in half the emissions-based threshold for several significant air programs. The webinar addressed what happened, who’s impacted, and what impacted facilities may need to do now and/or by impending deadlines. Brian presented the "Ozone Bump-up: What happened, why, and who’s impacted" portion of the program.

Clearing the Hurdles in International Discovery with Ben Daniels

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"Clearing the Hurdles in International Discovery with Ben Daniels," presented by Benjamin M. Daniels, an Emerging Litigation podcast (7/26/2023)

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In addition to evidence and witnesses being spread across continents — from Chicago to Shanghai to Sumatra — nations’ various rules and traditions governing discovery is another substantial complicating factor. Navigating these complexities requires specialized tools, a thorough understanding of how they do things from jurisdiction to jurisdiction, and how to get your case over hurdles not seen in the U.S. 

New Massachusetts DEP Regulations Target Cape Cod Septic Systems

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"New Massachusetts DEP Regulations Target Cape Cod Septic Systems" co-authored by Michael S. Giaimo, Jessica D. Bardi and Kevin A. Feeley Jr. (7/26/23)

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How to Effectively Communicate After a Cyber Attack When the Attack Hits Your Law Firm and/or Client Section: Data Breach

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"How to Effectively Communicate After a Cyber Attack When the Attack Hits Your Law Firm and/or Client Section: Data Breach," presented by Sean C. Griffin, presented as part of the Federation of Defense & Corporate Counsel (FDCC) 2023 Annual Meeting in Colorado Springs, CO (7/25/2023)

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Cybercrime is forever evolving and on the rise. For organizations around the globe, cyberattacks are no longer an “if” but a “when.” The program offered tips for avoiding a cyberattack, powering through an attack, and managing communications after one has occurred.

Cybersecurity for Tax Professionals—Advanced Session

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"Cybersecurity for Tax Professionals—Advanced Session," presented by Kathryn M. Rattigan, as part of the Internal Revenue Service’s “2023 IRS Nationwide Tax Forum” in Atlanta, GA (7/25/2023)

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Health Law Diagnosis

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"Health Law Diagnosis" co-authored by Conor O. Duffy, Erin C. Howard and Nathaniel T. Arden (7/21/2023)

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Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" (7/21/2023)

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Managed Care Claims Trends

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"Managed Care Claims Trends," presented by Michael H. Bernstein, presented as part of WTW’s 2023 Healthcare Risk Conference in Nashville, TN (7/21/2023)

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The session discussed current claims trends related to MCOs in Federal and State Court including coverage issues.

Religious Land Use and Institutionalized Persons Act (RLUIPA)

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"Religious Land Use and Institutionalized Persons Act (RLUIPA)," presented by Evan J. Seeman, co-presented American Bar Association (ABA) Real Property, Trust and Estate Law (RPTE) Section group and committee conference call (7/20/2023)

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As part of the Section’s member benefits, complimentary group and committee conference calls focused on current legal topics are hosted regularly. Evan provided an update on the latest RLUIPA case law, offering insight on “the tricky intersection” of federal and local law.

Your belief matters: U.S. Supreme Court decision affirms subjective knowledge standard for False Claims Act determinations

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"Your belief matters: U.S. Supreme Court decision affirms subjective knowledge standard for False Claims Act determinations," co-authored by Conor O. Duffy and Seth B. Orkand, published in Medical Economics (7/19/2023)

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The authors encourage primary care physicians and other clinicians to review their False Claims Act (FCA) compliance policies in the wake of the U.S. Supreme Court’s June decision, which concluded that a party’s subjective belief as to whether an FCA violation occurred is an important factor in determining liability. In what was the highest-profile FCA case in many years, the U.S. Supreme Court issued a unanimous opinion rejecting a pair of decisions that had adopted an “objective” standard for assessing potential FCA malfeasance in the context of pharmacy drug discount programs. Establishing a new precedent, this opinion could have a far-reaching impact affecting cases involving primary care physicians, hospitals, health care systems, and other providers who bill federal health care programs. The authors remind clinicians and health care organizations that their own beliefs about the propriety of billing practices or particular claims could later be relied upon as evidence of knowledge or intent.

Manufacturing Industry Team: Out + About

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"Manufacturing Industry Team: Out + About" (7/19/23)

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Distressed M&A: Deals and Steals

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"Distressed M&A: Deals and Steals," presented by Jamie L. Edmonson, presented as part of Global M&A Network "Restructuring & Distressed Investing 15th Annual Forum" in New York City (7/19/2023)

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FTC Proposes New HSR Filing Requirements that Significantly Expand Reporting Obligations

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"FTC Proposes New HSR Filing Requirements that Significantly Expand Reporting Obligations" co-authored by Kathleen M. Porter, Jennifer M. Driscoll and Amy R. Roth (7/18/2023)

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Payor-Provider Contracting and Dispute Resolution

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"Payor-Provider Contracting and Dispute Resolution," co-presented by Melissa (Lisa) Thompson and Nathaniel T. Arden, webinar hosted by the Massachusetts Health & Hospital Association (MHA) (7/17/2023)

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The webinar provided an overview of key provisions in managed care contracting. The discussion focused on contracting with an eye on the end game – whether it be arbitration, litigation or other dispute resolution. Using a case study, Nathaniel and Lisa addressed strategic negotiation of key contract terms that are commonly involved, including audit rights and restrictions, payment interruptions, fraud claims, health plan policies and procedures, and the dispute resolution process.

Health Law Diagnosis - Connecticut Places Checks on PBM Contracts in Support of 340B Covered Entities

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"Health Law Diagnosis - Connecticut Places Checks on PBM Contracts in Support of 340B Covered Entities" co-authored by Yelena Greenberg and Ivy K. Miller (7/13/23)

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Objection! The Game, The Strategy, The Win, The Cost – Plan, Don’t Guess Your Way to Victory

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"Objection! The Game, The Strategy, The Win, The Cost – Plan, Don’t Guess Your Way to Victory," presented as part of the International Association of Defense Counsel’s Annual Meeting in Waimea, Hawaii (7/13/2023)

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Cybersecurity for Tax Professionals—Advanced Session

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"Cybersecurity for Tax Professionals—Advanced Session," presented by Linn F. Freedman, as part of the Internal Revenue Service’s “2023 IRS Nationwide Tax Forum” in New Orleans, LA (7/11/2023)

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Non-Competes: Bans, Partial Bans, and Reasonableness

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"Non-Competes: Bans, Partial Bans, and Reasonableness," presented by Jennifer M. Driscoll, co-moderator of webinar presented by the American Bar Association Antitrust Law Section (7/10/2023)

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During the program, two attorneys and two economists examined the merits and detractions of the Federal Trade Commission’s (FTC) proposed rule banning most non-compete agreements.

OSHA May Seek Rule Change That Opens the Door to Union Organizers

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"OSHA May Seek Rule Change That Opens the Door to Union Organizers," authored by Natale V. DiNatale, published in Trade & Industry Development (Q3, 2023)

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Construction Deal Report

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"Construction Deal Report" (7/10/2023)

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Objection! The Game, The Strategy, The Win, The Cost – Plan, Don’t Guess Your Way to Victory

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"Objection! The Game, The Strategy, The Win, The Cost – Plan, Don’t Guess Your Way to Victory," presented by Sean C. Griffin, presented as part of the International Association of Defense Counsel (IADC) 2023 Annual Meeting in Waimea, Hawaii (July 9-14,2023)

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Panelists covered how to identify objections in a succinct and direct manner, learning to comprehensively present arguments for and against the objection, and how to fully preserve the objection arguments for appeal.

New Reporting Requirements for Governmental Plans in Connecticut

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"New Reporting Requirements for Governmental Plans in Connecticut" co-authored by Bruce B. Barth and Virginia E. McGarrity (7/7/2023)

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Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (7/7/2023)

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Conn. Certificate-Of-Need Law Will Bring Greater Efficiency

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"Conn. Certificate-Of-Need Law Will Bring Greater Efficiency," co-authored by Michael G. Lisitano, Erin C. Howard and Conor O. Duffy, published in Law360 Expert Analysis (7/6/2023)

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The article summarizes legislation signed by Connecticut Governor Ned Lamont on June 27, 2023, Public Act 23-171, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”). The Act, a result of collaboration between the Governor, Legislature, Connecticut Hospital Association and other stakeholders, reflects state efforts to streamline the potentially lengthy Certificate-of- Need (CON) process, and impose more exacting deadlines on the Office of Health Strategy (OHS) in certain circumstances, while also expanding OHS’s ability to investigate and penalize noncompliance with CON laws and CON agreed settlements, and to address complicated health care issues raised in CONs. 

Health Law Diagnosis

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"Health Law Diagnosis" co-authored by Conor O. Duffy, Michael G. Lisitano and Nathaniel T. Arden (7/5/2023)

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Cybersecurity

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"Cybersecurity," presented by Linn F. Freedman, as part of the FBI National Citizens Academy Alumni Association (FBINCAAA) National Leadership Conference in Boston, MA (June 28-30, 2023)

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Post-Issuance Tax Compliance

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"Post-Issuance Tax Compliance," co-presented by David M. Panico and Keisha S. Palmer, Connecticut Health and Educational Facilities Authority (CHEFA) webinar (6/28/2023)

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Keisha and David co-presented the webinar with Dan Kurowski, CHEFA’s Manager of Program Development. The speakers covered a wide range of topics related to tax compliance of tax-exempt bond issuances, including monitoring private activity, private activity bonds and bond tests, qualified management contracts, and more. Officials from more than 100 CHEFA borrowers, representing healthcare and higher education institutions, attended the webinar.