Unionizing Efforts are on the Rise

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"Unionizing Efforts are on the Rise," published in Material Handling & Logistics (1/31/2023)

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Drawing from the January 2023 Bureau of Labor Statistics report, Natale and Kayla source evidence that labor unions are gaining momentum across the country. The authors address the reasons that employees seek a union and discusses the red flags that could mean employees are actively organizing. The authors encourage employers to take proactive steps to facilitate positive employee relations by improving communications and developing legally compliant policies and practices that effectively address employee concerns. Unionization is a real possibility for all manufacturers and can have a large effect on a business’ operations. Manufacturers can take some important steps now that may not be available once a union organizing drive begins. Read the full article.

The New Hart-Scott-Rodino Filing Thresholds: The FTC and Congress Join Forces to Further President Biden’s Antitrust Agenda

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"The New Hart-Scott-Rodino Filing Thresholds: The FTC and Congress Join Forces to Further President Biden’s Antitrust Agenda" (1/30/2023)

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Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" (1/26/23)

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M&A Outlook: The Bulls Keep Running

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"M&A Outlook: The Bulls Keep Running," as moderator at the Home Care 100 Conference "Accelerating Home" (1/24/2023)

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“Accelerating Home” was a four-day conference designed to bring together industry trailblazers, innovators and critical thinkers to identify how organizations can seize this point in time to unleash the industry’s potential and accelerate the shift to person-centered care in the home. As providers, payers, private equity investment and even the retail sector continue to drive up bidding and keep home care a hot topic – and opportunity – the panel analyzed how the economy is impacting selloffs, which sectors have the strongest valuation, strategies that will lead to greater leverage, and where deal volume is most likely to accelerate in the next 18 months.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" (1/19/23)

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Expanding the Civil Engineering Pipeline: Hiring non-U.S. Citizen Engineers and Students

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"Expanding the Civil Engineering Pipeline: Hiring non-U.S. Citizen Engineers and Students," co-presented by Megan R. Naughton and Lauren M. Sigg, sponsored by the Diversity, Equity & Inclusion Committee of the Boston Society of Civil Engineers Section (1/19/2023)

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Civil engineering firms continue to seek to benefit from the technical skills and varied experiences of a broader array of non-U.S. citizen job candidates. The webinar discussed current legal options for expanding the professional employee pipeline in the civil engineering sector through taking advantage of opportunities to hire and retain foreign national engineers and students on a temporary (non-immigrant) or permanent (immigrant) basis.

EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in Sackett

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"EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in Sackett" authored by Robert S. Melvin (1/13/2023)

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Key Preparation for 2023: A Roundup of Critical New York State Labor and Employment Legislation from 2022

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"Key Preparation for 2023: A Roundup of Critical New York State Labor and Employment Legislation from 2022" co-authored by Kayla N. West, Abby M. Warren and Britt-Marie K. Cole-Johnson (1/13/2023)

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Legislative Update

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"Legislative Update," presented by Norman H. Roos, as moderator at the New England Mortgage Expo (1/12/23)

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The panel presented a federal perspective on the status of the mortgage industry and major regulatory issues, with an update on Connecticut, Massachusetts and Rhode Island legislative developments and what to expect in 2023.

Here’s how to better manage your employees’ performance in 2023

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"Here’s how to better manage your employees’ performance in 2023," co-authored by Abby M. Warren and Kayla N. West, published in the Hartford Business Journal (1/9/2023)

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From the Holocaust to the White House, a difference 80 years makes

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"From the Holocaust to the White House, a difference 80 years makes," published on the Op-Ed page of the Hartford Courant (1/7/2023)

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The article recounts the Hanukkah celebration at the White House last month, attended by her son, Jacob, and his new bride, Lizzy. Its main focus, however, is on Christmas Eve of 1942 in Poland - “a predominantly Catholic country where Christmas is widely celebrated” - and the remembrance of that time as recounted by her mother, Irene Frisch, an 11-year old desperately hiding along with her family from the Nazis as they systematically rounded up the Jews in their town. The op-ed is a remarkable account of something approaching “a Christmas miracle,” wrought in the midst of some of humanity’s darkest days while also illustrating the full capacity for human compassion and courage. Sharone is a member of the board of directors of Voices of Hope, a Connecticut-based 501(c)3 Holocaust education organization. Read the full story here.

FTC Proposes Rule Prohibiting Employee Noncompete Agreements and Broadly-Worded Non-Disclosure Agreements

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"FTC Proposes Rule Prohibiting Employee Noncompete Agreements and Broadly-Worded Non-Disclosure Agreements" co-authored by Janet Kljyan, Ian T. Clarke-Fisher and Stephen W. Aronson (1/6/23)

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Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (1/5/23)

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Health Law Diagnosis

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"Health Law Diagnosis" (1/5/23)

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Manufacturing Industry Group: Out + About

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"Manufacturing Industry Group: Out + About" (1/4/23)

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Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (12/22/22)

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New York State Adopts Salary Disclosure for September 2023

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"New York State Adopts Salary Disclosure for September 2023" co-authored by Natale V. DiNatale and Kayla N. West (12/22/22)

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PCAOB Confirms Complete Access to Inspect and Investigate Chinese Auditing Firms

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"PCAOB Confirms Complete Access to Inspect and Investigate Chinese Auditing Firms" co-authored by Yang Xu and Tiange (Tim) Chen (12/16/2022)

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Impacts of the Recent ‘Severe Ozone Nonattainment’ Reclassification in Connecticut

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"Impacts of the Recent ‘Severe Ozone Nonattainment’ Reclassification in Connecticut," presented by Brian C. Freeman, a webinar hosted by the Air & Waste Management Association – Connecticut Chapter (12/14/2022)

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The presentation discussed the impact, both immediate and longer-term, on facilities in Middlesex County, New Haven County and the Town of Shelton as a result of the Environmental Protection Agency’s reclassification, which became effective on November 7, 2022. A&WMA-CT comprises a group of environmental professionals with scientific, engineering, and health backgrounds drawn from private-sector companies, government agencies, and academia. 

Buzzfeed Case Highlights New Trends in SPAC Litigation

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"Buzzfeed Case Highlights New Trends in SPAC Litigation," co-authored by Benjamin M. Daniels, Er (Arila) Zhou and Sabrina M. Galli, published in The Review of Securities & Commodities Regulation (12/14/2022)

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The article examines the recent Delaware Chancery Court’s decision in the Buzzfeed litigation about the company’s SPAC transaction. The lawsuit highlights a number of emerging trends likely to impact SPAC transactions in the coming years including the difficulty of handling employee-shareholder disputes, the importance of clear arbitration agreements, and courts’ inclination to honor the traditional separation of liabilities between subsidiary and parent corporations.

Water Resources Webinar: PFAS Series Part II – PFAS in Drinking Water

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"Water Resources Webinar: PFAS Series Part II – PFAS in Drinking Water," presented by Emilee Mooney Scott, as program co-chair and panelist for the Environmental Business Council of New England program (12/8/2022)

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The virtual program surveyed the potential fallout from EPA’s proposal to list PFOA and PFOS as hazardous substances under CERCLA and the draft regulations on medium-sized Publicly Owned Treatment Works that would impose reporting obligations on all sending facilities. The firm was pleased to be a sponsor.

Legal Issues in the 2022 FIFA World Cup

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"Legal Issues in the 2022 FIFA World Cup," presented by Dan A. Brody, presented by the Connecticut Bar Association’s Sports & Entertainment Law Section (12/8/2022)

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The virtual program discussed corruption in connection with the World Cup site selection process, with Dan’s focus being on the Federal Corrupt Practices Act and anti-corruption issues.

What Keeps You Up at Night: Tips and Traps for Outside Counsel

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"What Keeps You Up at Night: Tips and Traps for Outside Counsel," presented by Stephen O. Clancy, as moderator during the DRI 2022 Insurance Coverage and Practice Symposium (12/8/2022)

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The panelists shared practical advice on selecting outside counsel and ensuring that outside counsel: understand the client and its business objectives; partner with them to set the strategy for each matter; engage in thorough and timely communications and status updates; ensure compliance with budgets; avoid surprises; and provide strong recommendations.

Succeeding as a New Associate

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"Succeeding as a New Associate," presented by Madeleine M. Laffitte, presented by the Real Estate Bar Association of Massachusetts (12/8/2022)

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Constructing a Successful Workforce: Hiring and Retaining Foreign National Engineers

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"Constructing a Successful Workforce: Hiring and Retaining Foreign National Engineers," co-authored by Lauren M. Sigg and Megan R. Naughton, published in the December newsletter of the Boston Society of Civil Engineers Section (December 2022)

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Civil engineering firms continue to seek to benefit from the technical skills and varied experiences of a broader array of non-U.S. citizen job candidates. The article discusses current legal options for expanding the professional employee pipeline in the civil engineering sector through taking advantage of opportunities to hire and retain foreign national engineers and students on a temporary (non-immigrant) or permanent (immigrant) basis. To read the article, click here. 

Determining When Multiple Claims are Related Under D&O and E&O Policies

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"Determining When Multiple Claims are Related Under D&O and E&O Policies," authored by Sharon S. Fry, published in Professional Liability Defense Quarterly (Spring 2018)

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Is the Paperless Movement Good for Managed Healthcare? Preventing and Managing High-Tech Fraud

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"Is the Paperless Movement Good for Managed Healthcare? Preventing and Managing High-Tech Fraud," presented by Sharon S. Fry, panelist for the Claims and Litigation Management Alliance (CLM) Conference (July 2020)

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Recent Developments Affecting the Liability of Professionals, Officers, and Directors

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"Recent Developments Affecting the Liability of Professionals, Officers, and Directors," authored by Sharon S. Fry, published in the American Bar Association's Tort Trial & Insurance Practice Law Journal 45 Tort, Trial & Ins. L.J. 547 (2010)

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AHLA Health Care Arbitration Training

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"AHLA Health Care Arbitration Training," presented by Melissa (Lisa) Thompson, as an instructor during the virtual, four-day Health Care Arbitration Training (12/5-8/2022)

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As health care attorneys are increasingly turning to arbitration, the interactive program was designed to impart the knowledge and skills needed to arbitrate health law cases effectively. Lisa presented workshop sessions on topics including: selecting an arbitrator, arbitrator ethics and disclosures, and arbitrator authority and responsibilities; post-hearing issues, such as reconsideration by the arbitrator, vacating an award, limitations of review, and enforcement of a final award; and a group exercise on awards, involving analysis and group discussion of the drafting an award based on a hypothetical set of facts. Following the training sessions, a Q&A discussion was conducted by the instructors.

Successful completion of the training qualified attendees to serve through AHLA’s Dispute Resolution Service, which features a roster of individuals with health law and health care expertise in arbitration, mediation, peer review, and serving as a neutral. Lisa serves on AHLA’s Dispute Resolution Council and is on their arbitration and mediation panels. She also is a Fellow of the Chartered Institute of Arbitrators.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (12/1/22)

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Ethical Practices for Communications with Clients, Opposing Parties, and the USPTO

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"Ethical Practices for Communications with Clients, Opposing Parties, and the USPTO," co-presented by Kayla C. O'Leary and John L. Cordani, a Connecticut Bar Association roundtable discussion hosted by the CBA Intellectual Property Section (12/1/2022)

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The CLE program focused on strategies to ethically communicate with clients, opposing counsel, and government agencies, and included discussion of recent cases, practical tips, and best practices. The presentation also addressed how to effectively communicate the results of IP clearance searches, pursue cease & desist communications, and ethically satisfy your duty of candor to the U.S. Patent and Trademark Office (USPTO). 

Cybersecurity – A Legal, Insurance & Technology Check-Up

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"Cybersecurity – A Legal, Insurance & Technology Check-Up," presented by Kathryn M. Rattigan, an online program hosted by the Associated Subcontractors of Massachusetts (11/30/2022)

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The seminar featured up-to-date information on how business owners can protect themselves in today’s digital and connected world. The program addressed current trends in cyber-attacks, shared insights for preventing an attack and offered a review of the legal landscape and legal obligations and related risks. Kathryn also provided an overview of available cyber liability insurance products and how coverage works, and best practices and IT-related controls that cyber liability underwriters are concerned with.

Update on Recent Cybersecurity Risks to Healthcare Organizations

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"Update on Recent Cybersecurity Risks to Healthcare Organizations," presented by Linn F. Freedman, at the Healthcare Financial Management Association of Massachusetts and Rhode Island / New England Healthcare Internal Auditors “2022 In-Person Compliance & Internal Audit Conference” (11/30/2022)

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This keynote presentation addressed recent cybersecurity risks to health care organizations, including details of how threat actors are attacking health care organizations and new schemes that are being used and vulnerabilities being exploited. Linn discussed how health care entities are responding to the threats and ways to prepare for an attack and its consequences, including how to identify and assess the newest cybersecurity threats and how to implement risk management and mitigation strategies.

Health Law Diagnosis

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"Health Law Diagnosis" (11/30/22)

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No Surprises! Overview of New Surprise Billing Protections and What Hospitals Need to Know

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"No Surprises! Overview of New Surprise Billing Protections and What Hospitals Need to Know," co-presented by Conor O. Duffy and Nathaniel T. Arden, at the Healthcare Financial Management Association of Massachusetts and Rhode Island / New England Healthcare Internal Auditors “2022 In-Person Compliance & Internal Audit Conference” (11/30/2022)

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The program addressed the recently-enacted No Surprises Act (NSA) and NSA regulations. The overview included the regulatory requirements and expectations, enforcement trends, and how health systems are reacting to implement the various NSA requirements. It also examined state-level issues that have arisen in connection with the NSA regulations as well as the status of certain delayed regulatory provisions, offering an update on legal challenges to some NSA provisions and addressing how other market participants may be using NSA regulations as part of contractual negotiations and network design.

Students Are Buying Drones. Is Your Campus Prepared?

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"Students Are Buying Drones. Is Your Campus Prepared?" authored by Kathryn M. Rattigan (11/29/22)

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

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"Buyer Beware: Delaware Court of Chancery Declines to Blue-Pencil Restrictive Covenant in M&A Transaction" co-authored by Curtis J. Crowther and Trevor L. Bradley (11/29/22)

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Doing Business in the United States: An Overview of Anti-Corruption, Antitrust, and Data Privacy Laws

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"Doing Business in the United States: An Overview of Anti-Corruption, Antitrust, and Data Privacy Laws," presented by Jennifer M. Driscoll, as part of the Institute for Supply Management Japan’s virtual 2022 Annual Conference (11/26/2022)

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The theme of the 24^th annual Conference was “Supply chain continuity management (SCCM).” Founded in 1915, ISM has more than 50,000 members drawn from the supply chain profession across 100 countries. ISM-Japan is part of the organization’s network of global partners.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (11/23/22)

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Are College Athletes Students or Employees? A Review of the Current Legal Landscape Surrounding the Student-Athlete Debate

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"Are College Athletes Students or Employees? A Review of the Current Legal Landscape Surrounding the Student-Athlete Debate," co-presented by Kathleen E. Dion and Natale V. DiNatale, at the Connecticut Conference of Independent Colleges’ 2022 Annual Member Forum, “Partnering for Progress” (11/21/2022)

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The U.S. Department of Education recently referred a discrimination complaint filed by college athletes against NCAA Division I schools to the U.S. Equal Employment Opportunity Commission because the complaint arises in the context of employment. The virtual workshop session reviewed this development, including the current legal landscape on the student-athlete debate and the relevant implications for colleges and universities. CCIC's Annual Forum provides members an opportunity to gain information about the latest trends on campuses and discuss them with industry experts and colleagues from other institutions.

Delivering Successful Projects in the Face of Material Escalation, Labor Shortages, and Supply Chain Turbulence

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"Delivering Successful Projects in the Face of Material Escalation, Labor Shortages, and Supply Chain Turbulence," presented by Joseph A. Barra, as part of the White+Burke-hosted "Vermont Development Conference" (11/17/2022)

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The diverse panel of construction industry professionals discussed how the market has been on a roller-coaster due to the pandemic and recent fluctuating economic conditions. Project teams have had to navigate dynamic material price increases, labor shortages, and supply chain-related issues to keep their projects on track. The session addressed these issues and offered best practices for managing them. The panelists presented specific strategies, tactics, and claims, using real-life project examples highlighting pre-construction, contract negotiation, procurement, and project execution. A Q&A session followed the panel’s presentation.

Too Many Hats in the Ethical Ring: When Insiders, Affiliates, Friends, and Family Show Up All Over a Restructuring

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"Too Many Hats in the Ethical Ring: When Insiders, Affiliates, Friends, and Family Show Up All Over a Restructuring," presented by Jamie L. Edmonson, as part of the University of Texas School of Law's "41st Annual Jay L. Westbrook Bankruptcy Conference" (11/17/2022)

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The panel discussed how business enterprises with closely-held capital structures and intersecting interests engage counsel in the bankruptcy universe, who must immediately face a set of thorny ethical issues. Whether in “small” cases or “large,” the very nature of closely-held companies may involve pre- and post-petition lenders, equity sponsors, and significant unsecured creditors that may be affiliates of one another and of the debtor itself. The 2022 conference provided an overview and in-depth focus on current topics in business and consumer bankruptcy.

2022 Design Rights Boot Camp

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"2022 Design Rights Boot Camp," presented by David W. Leibovitch, as moderator at the American Intellectual Property Law Association's Design Rights workshops (11/14-17/2022)

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These breakout learning sessions were focused on small-group work within a specific industry type, designed to facilitate detailed discussion on how to consider the multiple overlapping types of design rights for the designated industry. David moderated a program covering consumer products as well as software and Graphical User Interface (GUI). He later moderated a program focused on textiles and clothing, along with architecture and retail space. The Design Rights Boot Camp is a five-day, comprehensive CLE program designed for both new and experienced IP practitioners who wish to learn about protecting and enforcing designs in all areas of IP, including design patents, copyright and trademark dress.

Mass Torts and Bankruptcy

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"Mass Torts and Bankruptcy," presented by Katherine M. Fix, as part of the New Jersey Association for Justice’s Meadowlands Seminar 2022: Mass Torts (11/16/2022)

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The panel offered an overview of the bankruptcy process and addressed the overarching question, what should mass torts attorneys know about bankruptcy? The discussion delved into a number of areas, including pre-and post-bankruptcy filing practice pointers, recovery options, and certain hot topics that affect the mass tort litigation sphere from Bankruptcy Code and policy perspectives and recent cases. 

Mass Torts

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"Mass Torts," presented by Natalie D. Ramsey, as a faculty member at the Pennsylvania Bar Institute’s “Bankruptcy Institute 2022” (11/11/2022)

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The program was part of the half-day Commercial Bankruptcy section’s offerings, which also included programs on case law updates, commercial and consumer mediation, and ethics. The two-day Bankruptcy Institute 2022 was designed to offer insightful, relevant and practical sessions taking a close look at trending topics shaping today’s bankruptcy practice, including updates from judges, representatives of the U.S. Trustee’s office and top practitioners, as well as a quick-hits summary of the top commercial and consumer cases of the year.

Diversity, Equity + Inclusion Roundtable

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"Diversity, Equity + Inclusion Roundtable," presented by Rhonda J. Tobin (11/10/2022)

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Following an overview of the firm’s many diversity efforts, guest speaker Lauren Romansky, Head of People at Divert, Inc., and co-author of “How to Measure Inclusion in the Workplace,” shared the findings of her research into developing metrics for tracking inclusion and how organizations can adjust their focus based on those results. This closed-discussion group included leading construction industry organizations in the Northeast.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (11/10/2022)

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The No Surprises Act: Updates and Lessons from 2022

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"The No Surprises Act: Updates and Lessons from 2022" as part of the G2 Intelligence Lab Institute Virtual Event “Advancing the Profession of Diagnostic Medicine” (11/8/2022)

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Health Law Group member, Danielle Tangorre, presented the program “The No Surprises Act: Updates and Lessons from 2022” as part of the G2 Intelligence Lab Institute Virtual Event “Advancing the Profession of Diagnostic Medicine” on November 8, 2022. The No Surprises Act (NSA) went into effect on January 1, 2022. The federal NSA protects consumers from surprise medical bills from out-of-network providers at certain health care facilities, or requires good-faith estimates under certain circumstances if the consumer has coverage through an employer or federal or state marketplace. During the year, we have seen legal challenges to the law and additional guidance provided by the Centers for Medicare and Medicaid Services. The webinar discussed the current state of the law and key questions that can arise, such as What does this mean for your company? What are the enforcement challenges commonly faced as a result of the NSA? What interaction(s) can you expect between state and federal surprise billing requirements? The program highlighted challenges in compliance and offered other guidance to help navigate the law. A Q&A session followed the presentation.

Mitigating Title IX Liability in Athletic Fundraising Policies and Procedures

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"Mitigating Title IX Liability in Athletic Fundraising Policies and Procedures," presented by Kathleen E. Dion, an R+C-hosted webinar (11/8/2022)

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The program discussed the types of fundraising challenges that exist for intercollegiate athletics programs and addressed strategies for mitigating liability in gift agreements that direct monies to intercollegiate athletics programs, actions institutions can take to limit risks from booster organizations not affiliated with the institution, and how an internal audit can support the institution in its Title IX assessment of athletic policies and procedures.

The No Surprises Act: Updates and Lessons from 2022

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"The No Surprises Act: Updates and Lessons from 2022," presented by Danielle H. Tangorre, as part of the G2 Intelligence Lab Institute Virtual Event “Advancing the Profession of Diagnostic Medicine” (11/8/2022)

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The No Surprises Act (NSA) went into effect on January 1, 2022. The federal NSA protects consumers from surprise medical bills from out-of-network providers at certain health care facilities, or requires good-faith estimates under certain circumstances if the consumer has coverage through an employer or federal or state marketplace. The year has seen legal challenges to the law and additional guidance provided by the Centers for Medicare and Medicaid Services. The webinar discussed the current state of the law and key questions that can arise, such as What does this mean for your company? What are the enforcement challenges commonly faced as a result of the NSA? What interaction(s) can you expect between state and federal surprise billing requirements? The program highlighted challenges in compliance and offered other guidance to help navigate the law. 

Solving for Solvency: Problematic Make-Whole Provisions Defy Uniform Approach

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"Solving for Solvency: Problematic Make-Whole Provisions Defy Uniform Approach," authored by Michael R. Enright, published in the American Bar Association Business Law Section's Business Law Today "Month-In-Brief: Bankruptcy & Finance" (October 2022)

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Post-Confirmation Jurisdiction Is Narrow, But Not That Narrow

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"Post-Confirmation Jurisdiction Is Narrow, But Not That Narrow," authored by Michael R. Enright, published in the American Bar Association Business Law Section's Business Law Today "Month-In-Brief: Bankruptcy & Finance" (August 2022)

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What May Shape The Scope Of Affirmative Action Ruling

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"What May Shape The Scope Of Affirmative Action Ruling," co-authored by Joshua L. Coker, Mallori D. Thompson and Seth B. Orkand, published in Law360 Expert Analysis (11/6/2022)

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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.”