Conor Duffy, Ben Jensen and Michael Lisitano Co-Author Law360 Article on Certificate-of-Need Appeals

Health Law Group lawyers Conor Duffy and Michael Lisitano and Business Litigation Group lawyer Ben Jensen co-authored the article “Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals” published in Law360 on August 22, 2023. 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. This is the second “Expert Analysis” article on the topic of certificate-of-need (CON) that Conor and Michael have recently had published. They also co-authored “Conn. Certificate-Of-Need Law Will Bring Greater Efficiency,” with Health Law Group lawyer Erin Howard in July. Read the article.

Conor Duffy and Abby Warren Profiled in Hartford Business Journal’s 2023 “40 Under Forty” Issue

Health Law Group lawyer Conor Duffy and Labor and Employment Group lawyer Abby Warren were each profiled in a special issue of the Hartford Business Journal commemorating the publication’s 2023 “40 Under Forty” winners. In addition to providing a brief bio, Conor and Abby’s profiles share their community service involvement, the biggest professional accomplishment so far in their careers, a "fun fact" about them and more. View Conor and Abby's profiles.

The Hartford Business Journal's 2023 “40 Under Forty” class showcases a diversity of up-and-coming professionals who are leading their organizations and represent the promising future of the city, region, and state. This year’s class will be recognized during a special event on September 28, 2023 at Aqua Turf Club in the Plantsville section of Southington.

Conor Duffy and Seth Orkand Co-Author Medical Economics Article on SCOTUS Decision

Health Law Group member Conor O. Duffy and Government Enforcement and White-Collar Defense Team co-chair Seth B. Orkand co-authored the article, “Your belief matters: U.S. Supreme Court decision affirms subjective knowledge standard for False Claims Act determinations,” published in Medical Economics on July 19, 2023. 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. Read the article.

Conor Duffy, Michael Lisitano and Erin Howard Co-Author Law360 Expert Analysis Article on Changes to Connecticut Certificate of Need Laws

Health Law Group lawyers Conor O. Duffy, Michael G. Lisitano and Erin C. Howard co-authored the “Expert Analysis” article, “Conn. Certificate-Of-Need Law Will Bring Greater Efficiency,” published in Law360 on July 6, 2023. 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. 

Among numerous updates, the Act implements changes to public notice requirements, imposes new process deadlines on OHS, newly allows OHS to utilize expert consultations when considering certain applications, expands OHS authority to investigate and imposes penalties for non-compliance with CON requirements, and clarifies certain longstanding CON applicability requirements. Read the article.

Kate Healy and Conor Duffy Co-Author American Health Law Association Article on “What’s Next for Telehealth?”

Health Law Group lawyers Kate Healy and Conor Duffy co-authored the article, “Compliance Corner—The End of the Public Health Emergency: What’s Next for Telehealth?” published in the May issue of Health Law Connections, the member magazine of the American Health Law Association. 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 and the resulting new regulatory landscape. Kate and Conor highlight key legal and compliance issues affecting the delivery and reimbursement of these services going forward. The article offers key takeaways for health care organizations including the development of: policies for telehealth services for 2023 and 2024, an annual telehealth training for providers and staff, and effective methods for blending in-person and virtual care delivery. Kate and Conor were assisted on this article by Health Law Group intern Paul Sevigny. Read the full article.

Conor Duffy Named to First Choice Health Centers’ Board of Directors

Health Law Group member, Conor O. Duffy, has been named to the Board of Directors of First Choice Health Centers, Inc., based in East Hartford, CT. As a community health center providing integrated care, the mission of First Choice is “to break down the social and economic barriers to wellness and healthy living.”  

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.

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.

Conor Duffy and Seth Orkand Author Medical Economics Article on Telehealth Waivers Creating Provider Compliance Concerns

Health Law Group member Conor O. Duffy and Business Litigation Group member Seth B. Orkand authored the article “Telehealth confusion could create issues for physicians” published in Medical Economics on July 27, 2021. The article addresses measures the federal government and states enacted in response to COVID-19 to promote adoption of telehealth, and how inconsistent regulations across states have created compliance challenges for telehealth providers and health systems. As the government now commences audits of telehealth services, providers who practiced across state lines may be subject to heightened scrutiny. As COVID-19 emergency measures begin to be rescinded or expire, health systems and providers are now working hard to implement compliant telehealth structures that maintain access to care in accordance with the latest guidance. Conor and Seth address those efforts and identify potential fraud and enforcement risks for telehealth providers and mitigation strategies for such providers. Read the full article.

Transactional Health Law Team Represents Visiting Nurse Association and BlackTree/Simione in Recent Deals

Robinson+Cole’s Transactional Health Law Group, led by co-chair Leslie J. Levinson, represented Visiting Nurse Association (VNA), a 125-year-old nonprofit in Omaha, NE and Council Bluffs, IA in the purchase of its home health and hospice operations by Amedisys, a leading national provider of home health, hospice, and personal care. Les served as prime counsel and led the team of Michael J. Kearney, Ryan V. Leichsenring, Virginia E. McGarrity, Kathryn M. Rattigan, Conor O. Duffy, Samuel C. Maduabueke and R+C alum Adam Tamzoke. The transaction is expected to close on or around July 1, 2021. Read more in the VNA press release.

In addition, the Transactional Health Law Group represented Connecticut-based Simione Healthcare Consultants and Pennsylvania-based BlackTree Healthcare Consulting in the execution of “a strategic and equal combination” to form SimiTree Healthcare Consulting. SimiTree will help post-acute healthcare organizations achieve clinical and financial excellence through consulting, outsourcing, and talent solutions. The merger is backed by Chicago-based health care PE firm Sheridan Capital, which focuses on lower-middle market buyouts and growth equity in the U.S. and Canada. Les led the team of Adam Anderson, Shant H. Chalian, Michael Kearney, Eric M. Kogan, Virginia McGarrity, Endicott Peabody IV, Kathryn Rattigan, Frank W. Eucalitto, and Michael G. Lisitano. Read more in Home Health Care News.

Connecticut Law Tribune Honors Seven Robinson+Cole Lawyers During Connecticut Legal Awards

The Connecticut Law Tribune recognized Robinson+Cole lawyers Stephen E. Goldman, Lina M. Morkan, John B. Lynch, Jr., Gregory J. Bennici, Conor O. Duffy, Emilee Mooney Scott, and Jennifer L. Shanley during the publication’s annual Connecticut Legal Awards on May 12, 2021. Hosted virtually, the awards honor those attorneys and judges who have made a remarkable difference in the legal profession in Connecticut - whether in shaping the law, achieving outsized results for their clients, being an outstanding jurist or assisting those in need of legal services.

Steve was presented with the Lifetime Achievement Award, which recognizes a lawyer “who has left a lasting imprint on the legal community of Connecticut.” Linda received the Distinguished Leader Award for achieving “impressive results in 2020 and demonstrating clear leadership skills that helped achieve those results.” John was honored as a finalist for the Diversity Initiative Award. A new recognition to the awards slate, the distinction honors a lawyer or firm who has made a significant contribution to diversity and inclusion efforts in Connecticut’s legal community. Greg, Conor, Emilee and Jen were all recognized as “New Leaders in the Law,” a distinction that spotlights lawyers under the age of 40 who have excelled in the courtroom, in client service and cultivation, in service to bar associations, and in performing pro bono work or community service in a volunteer capacity. View the complete list of honorees.

Virginia Trunkes and Conor Duffy Author Healthcare Facilities Today Article on Cybersecurity in Health Care Design

Construction Law Group lawyer Virginia K. Trunkes and Health Law Group lawyer Conor O. Duffy authored the article “Construction and Maintenance: Connectivity and Cyber Security Considerations” published in Healthcare Facilities Today on March 31, 2021 Fueled by the emphasis on social distancing and need to limit exposure and transfer of infections, one of the hottest trends in health care design is incorporating more automation, remote access and use of data analytics into treatment and the patient environment. Health care facilities are increasingly relying on smart grid technologies, cloud computing, connected medical devices and health monitors, bio-sensing wearables, touchless technology, telehealth, online scheduling applications, electronic health records, virtual triages, AI-based predictive analytics and machine learning, and most recently interactive floor-plan images used by regulatory inspectors. These technologies require seamless connected systems and instant access to data – a recipe for cyber-vulnerability. Conor and Virginia acknowledge that while decades of HIPAA and extensive penalties for non-compliance have ensured that health care organizations are well equipped to maintain the privacy of their patient health information (PHI), health care organizations need to equally prioritize cybersecurity with respect to their facilities’ design and construction and contractors and vendors. Read the full article.

Robinson+Cole Lawyers Receive “Top” Honors in JD Supra’s 2021 Readers’ Choice Awards

JD Supra’s 2021 Readers’ Choice Awards recognized Data Privacy + Cybersecurity Team lawyers Linn F. Freedman and Kathryn M. Rattigan and Health Law Group lawyer Conor O. Duffy as outstanding authors among more than 58,000 authors who published insights and commentary on JD Supra in 2020. Linn was announced as the #1 author in the area of cybersecurity, for the 6th consecutive year. She is the editor of the firm’s Data Privacy + Cybersecurity Insider blog. Kathryn was recognized as a Top Author in the areas of cybersecurity and transportation. She also contributes to the Data Privacy + Cybersecurity Insider blog. Conor was named a Top Author in the area of healthcare. He contributes to the Data Privacy + Security Insider and is also co-editor the firm’s Health Law Diagnosis blog. In addition, Robinson+Cole was recognized as a Top Firm in the area of cybersecurity. The Readers’ Choice Awards recognize top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2020. Read more.

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

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

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

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

Conor Duffy Appointed to New Haven Legal Assistance Board of Directors

Congratulations to Health Law Group and Data Privacy + Cybersecurity Team member Conor Duffy, who was recently appointed to the Board of Directors of New Haven Legal Assistance Association (NHLAA), effective September 2020. NHLAA is a nonprofit organization comprising attorneys, paralegals and legal secretaries committed to protecting the rights and improving the lives of its clients and their communities. It provides high-quality legal services to individuals and groups unable to engage legal counsel and services due to limited income, age, disability, discrimination or other barriers. Incorporated in 1964, NHLAA was among the first legal services programs to be established, and the federal government has used it as a model for similar programs throughout the country.

Conor Duffy and Peter Struzzi Author Article on Telehealth During the COVID-19 Pandemic Published in Medical Economics

Health Law Group lawyers Conor O. Duffy and Peter H. Struzzi authored the article “COVID-19 pandemic brings telehealth into U.S. homes” published by Medical Economics on August 13, 2020. The article provides a high-level overview of the systemic changes throughout the nation’s health care system that have resulted from the COVID-19 pandemic, highlights key issues for health care providers to monitor as federal and state governments, physicians and patients continue to battle the COVID-19 pandemic, and considers how the post-COVID-19 health care landscape will look for telehealth services. Read the full article.

Robinson+Cole Lawyers Receive “Top” Honors in JD Supra’s 2020 Readers’ Choice Awards

JD Supra’s 2020 Readers’ Choice Awards recognized Data Privacy + Cybersecurity Team lawyers Linn F. Freedman and Kathryn M. Rattigan and Health Law Group lawyer Conor O. Duffy as outstanding authors among over 50,000 authors who published insights and commentary on JD Supra in 2019. Linn was announced as the #1 author in the area of cybersecurity and a Top Author in the area of class action. She is the editor of the firm’s Data Privacy + Security Insider blog. Kathryn was recognized as a Top Author in the area of airlines/aviation and cybersecurity. She also contributes to the Data Privacy + Security Insider blog. Conor was named a Top Author in the area of healthcare. He contributes to the Data Privacy + Security Insider as well as the firm’s Health Law Diagnosis blog. The Readers’ Choice Awards recognize top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2019.

Conor Duffy Is Named a Fellow of the American Bar Foundation

Health Law Group and Data Privacy + Cybersecurity Team member Conor Duffy has been invited to join the Fellows of the American Bar Foundation (ABF). Fellows comprise a global honorary society of attorneys, judges, law faculty and legal scholars whose careers “have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.” They are recommended by their peers and elected by the Board of the ABF. The prestigious invitation was extended in recognition of Conor’s contributions that support “the ABF’s groundbreaking research on the role and impact of law, lawyers and the legal process on society,” which help in the advancement of justice. 

Robinson+Cole Receives “Top” Honors in JD Supra’s 2019 Readers’ Choice Awards

JD Supra’s 2019 Readers’ Choice Awards named Robinson+Cole the Top Firm on the subject of cybersecurity for the fourth consecutive year as well as a thought leader in that area, recognizing the firm “for achieving the highest visibility and engagement among readers for (its) particular expertise.” Data Privacy + Cybersecurity Team lawyers Linn F. Freedman and Kathryn M. Rattigan and Health Law Group lawyer Conor O. Duffy were recognized as outstanding authors among some 50,000 authors who published insights and commentary on JD Supra in 2018. Linn was announced as the #1 author in the area of cybersecurity and a Top Author in the area of class action. She is the editor of the firm’s Data Privacy + Security Insider blog. Kathryn was recognized as the #1 author in the area of airlines/aviation as well as a Top Author in the area of class action. She also contributes to the Data Privacy + Security Insider blog. Conor was named a Top Author in the area of healthcare. He contributes to the Data Privacy + Security Insider  as well as the firm’s Health Law Diagnosis blog. The Readers’ Choice Awards recognize top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2018.

51 Robinson+Cole Lawyers Recognized by Super Lawyers®

A total of 51 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2018. In addition, 32 attorneys at the firm were recognized as “Rising Stars.” The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. View the list of recognized attorneys and their areas of practice.

Conor Duffy Quoted in Renal & Urology News Article on Criminal Charges for HIPAA Violations

Health Law Group lawyer Conor O. Duffy was quoted in the article “Massachusetts Physician Guilty in HIPAA Case,” published in Renal & Urology News on October 9, 2018. The article focuses on the potential implications for improper disclosure by citing the recent sentencing of Dr. Rita Luthra, a gynecologist who treated women in a low-income area of Springfield, Massachusetts, to one year of probation for violating HIPAA laws and obstructing an investigation into a federal health care probe. “Prosecutors appear to utilize criminal charges under HIPAA in part as a fall back or as leverage against a provider, because proving HIPAA violations can be easier than proving the existence of an illegal kickback arrangement,” Conor said. “The Massachusetts case is notable in that the government ended up dropping its kickback allegations but nonetheless prosecuted the physician for a HIPAA violation.” Read the full article.

Conor Duffy Presents Webinar on Compliance for American Health Lawyers Association

Health Law Group lawyer Conor O. Duffy was among the speakers that presented during a live webinar entitled “Turning ‘Can We Do This?’ into ‘We Can Do This!’: Navigating Compliance, Part V" on June 20, 2018. Presented by the American Health Lawyers Association, the program explored hypothetical and real life legal obstacles and solutions for public, academic, and safety net hospitals that are looking to expand through partnerships, alliances, acquisitions, and investments.

Conor Duffy Presents Webcast on Managing Risks Under HIPAA & HITECH

Health Law Group lawyer Conor O. Duffy co-presented the program “Crucial Steps and Strategies in Managing Risks Under HIPAA & HITECH” on March 14, 2018. Presented by The Knowledge Group, the webcast covered the framework of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act and the potential risk issues health care providers might face under these Acts. Mr. Duffy offered insight on protecting highly sensitive data, breach reporting obligations at the federal and state level, and planning for a ransomware attack.

Conor Duffy Quoted in Cook County Record Article on $100,000 Fine for Defunct Business Associate Due to Improper Disposal of Medical Records

Health Law Group lawyer Conor O. Duffy was quoted in the article “Feds snag $100K deal from defunct Northbrook firm accused of leaving HIPAA records in dumpster,” published in Cook County Record on February 28, 2018. The article discusses the recent $100,000 settlement announced by the HHS Office for Civil Rights with a court-appointed receiver representing Filefax, Inc. arising from the 2015 discovery of medical records that contained protected health information (PHI) of over two thousand individuals in a dumpster. Filefax, a now-defunct medical records moving and storage company located in Illinois, acted as a business associate under HIPAA. “This settlement is a reminder that companies subject to HIPAA can expose themselves to sanctions if they ignore fundamental HIPAA obligations, like implementing reasonable safeguards against unauthorized access to, or disclosure of, PHI,” said Mr. Duffy. Read the full article.

Conor Duffy Moderates ABA Webinar on Health Care Fraud and Abuse

Health Law Group lawyer Conor O. Duffy moderated the webinar "Avoiding Pinstripes and Fines: Fundamentals of Health Care Fraud and Abuse," on September 21, 2017. This webinar provided an introduction to the Stark law, the Anti-Kickback Statute, the False Claims Act, and other health care fraud and abuse laws; reviewed common compliance issues that arise under these laws; and discussed the range of penalties for noncompliance with such laws. The webinar, an ABA presentation, was co-sponsored by the Young Lawyers Division and the Health Law Section. 

Ted Tucci, Kate Dion, and Conor Duffy Co-author Article Published in AHLA Connections

Business Litigation Group lawyers Theodore J. Tucci and Kathleen E. Dion and Health Law Group lawyer Conor O. Duffy co-wrote the article "Escobar Materiality Standard for Implied False Certification Claims Poses Acute FCA Compliance Challenge," published in the September 2017 issue of AHLA Connections, the member magazine for the American Health Lawyers Association (AHLA). The article focuses on the U.S. Supreme Court’s 2016 decision to uphold the validity, at least in some circumstances, of the “implied false certification” theory of liability under the False Claims Act (FCA), and the continued disagreement over the meaning and impact of Universal Health Services, Inc. v. United States ex rel. Escobar. Click here to view the entire article.

Copyright 2017, American Health Lawyers Association, Washington, DC. Reprint permission granted.

Robinson+Cole Lawyers Participate in THE RIDE For Our Vets

Conor O. Duffy, Edward V. O'Hanlan, and James P. Ray participated in THE RIDE For Our Vets, held on June 17, 2017 at Point72 in Stamford. Presented by the Connecticut Veterans Legal Center (CVLC,) the annual charity bike ride attracts approximately 100 cyclists. The Robinson+Cole lawyers raised about $1,400 in support of CVLC's efforts to help veterans recovering from homelessness and mental illness overcome legal barriers to housing, healthcare, and income. Unimin Corporation Senior Vice President and General Counsel, Richard Solazzo, also joined Mr. Duffy, Mr. O'Hanlan, and Mr. Ray on the 50 mile route. Mr. O'Hanlan serves on the CVLC Board of Directors. Click here to view a photo.

Health Law Lawyers Write Article for CLT's Special Health Law Section

Health law lawyers Meaghan Mary Cooper and Conor O. Duffy wrote the article "New Guidance for Health Care Program Exclusions" for the May 2, 2016, edition of the Connecticut Law Tribune's special Health Law Section. In the article, Ms. Cooper and Mr. Duffy discuss the new policy statement that the U.S. Department of Health & Human Services (HHS) Office of Inspector General (OIG) published on April 18, 2016, that outlines the OIG's authority to exclude individuals and entities from participating in Medicare, Medicaid, and other federal health care programs because of fraudulent or abusive conduct. In particular, the article covers these topics: the exclusion presumption, alternative remedies, OIG risk factors, and takeaways for providers. To find out more about their analysis, please click here to view the article.

Hartford Lawyers Present at HFMA Program

Health law lawyers Meaghan Mary Cooper and Conor O. Duffy presented "Recent Developments in Fraud and Abuse Enforcement – Important Issues for Hospitals and Providers" at the 2016 Legal Playbook: Best Practices to Keep Your Healthcare Operations on the Winning Side program on February 23, 2016, in Wallingford, Connecticut. Sponsored by the Connecticut Chapter of the Healthcare Financial Management Association (HFMA), the program focused on key changes, best practices, new trends, and opportunities in the healthcare industry. The audience included healthcare decision makers across the state, including hospital finance managers, compliance officers, and in-house counsel.

Hartford Lawyers Pen Article on the US DOJ's Controversial Yates Memo for CLT

Edward J. Heath and Conor O. Duffy authored the article "Feds Lay Down Law on Corporate Misconduct" for the October 19, 2015, issue of the Connecticut Law Tribune (CLT). The article analyzes the recent memorandum issued by U.S. Deputy Attorney General Sally Quillian Yates, which directs federal prosecutors and other US DOJ lawyers to more thoroughly pursue individuals in criminal and civil litigation so as to hold them personally accountable for alleged corporate misconduct. In the article, Mr. Heath and Mr. Duffy review the six articulated "best practices," concluding that the DOJ, under the tenure of new Attorney General Loretta Lynch, is poised to take aggressive measures to leverage individual exposure as a means to obtain more favorable resolutions from business entities, including health care organizations. To learn more, please click here to view the entire article. 

Mr. Heath is chair of the firm's Business Litigation Group and its Government Investigations, Corporate Compliance + Criminal Defense Team. Mr. Duffy is a member of the firm's Health Law Group.

Health Law Lawyers Pen Article for Law360

Health law lawyers Conor O. Duffy, Nathaniel T. Arden, and Leslie J. Levinson authored the article "ACA, Health Care Overpayments and the 60-Day Rule," published in Law360 on May 26, 2015. In the article, they discuss how the ACA amended the Social Security Act to establish the 60-Day rule, requiring individuals and institutional providers to return Medicare or Medicaid overpayments. In particular, they explore what it means to return an overpayment per the 60-day rule and the chasm between the rule's strict statutory requirements and the current regulatory processes that some state governments employ. Please click here to view the article.

Robinson+Cole Lawyers Recognized in 2023 Super Lawyers®

A total of 35 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2023. In addition, 27 attorneys at the firm were recognized as “Rising Stars.”

Appellate Group chair Linda L. Morkan and Manufacturing Industry Team chair Jeffrey J. White were named to the Top 50: 2023 Connecticut Super Lawyers list. Linda also appears on the Top 25: 2023 Women Connecticut Super Lawyers list. Read more in the press release.

78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

78 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2024. Of the 78 lawyers from across the firm’s practice groups and offices named to the list, 57 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law. Approximately, the top 5 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 30th edition of The Best Lawyers in America®.

Additionally, five lawyers were named Best Lawyers® 2024 “Lawyer of the Year” in the following offices, in the noted practice areas:

Hartford, CT – Best Lawyers® 2024 “Lawyer of the Year”

Jacqueline Pennino Scheib – Trademark Law

Michael R. Enright – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

Theodore J. Tucci – Insurance Law

Boston, MA – Best Lawyers® 2024 “Lawyer of the Year”

Michael S. Giaimo – Land Use and Zoning Law

Stamford, CT – Best Lawyers® 2024 “Lawyer of the Year”

Patricia D. Weitzman – Health Care Law and Litigation-Health Care

A Best Lawyers “Lawyer of the Year” designation is awarded to one lawyer in each of various high-profile specialties in large legal communities. These particular lawyers received the highest ratings among their peers for their abilities, professionalism, and integrity.

The fourth edition of Best Lawyers: Ones to Watch® in America was also released, which includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. 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.

74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

74 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2023. Of the 74 lawyers from across the firm’s practice groups and offices named to the list, 54 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law insurance law and construction litigation. Only the top 5.3 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Additionally, the following five lawyers were named the Best Lawyers® 2023 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Brian R. Smith in Land Use and Zoning Law, Christine E. Bromberg in Tax Law, James P. Ray in Litigation – Environmental, Joey Lee Miranda in Energy Regulatory Law, Norman H. Roos in Banking and Finance Law, Rachel V. Kushel in Employment Law – Management, Theodore J. Tucci in  Health Care Law and Virginia E. McGarrity – in Employee Benefits (ERISA) Law.

The third edition of Best Lawyers: “Ones to Watch” was also released, includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

Robinson+Cole Elects New Partners and Counsel

Robinson+Cole is pleased to announce the election of Nathaniel T. Arden, Conor O. Duffy, Michele L. Maresca, Rachel Jaffe Mauceri, Jennifer L. Shanley, Lauren M. Sigg, and Anna Jinhua Wang as Partners as well as the promotion of Gregory J. Bennici, Jessica A.R. Hamilton, Matthew S. McElroy, and Gabrielle R. Mercadante to Counsel, effective January 1, 2022. Read more in the press release.

Robinson+Cole Lawyers Recognized by Super Lawyers®

A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

65 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2022. Of the 65 lawyers from across the firm’s practice groups and offices named to the list, 49 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law.

Additionally, the following five lawyers were named the Best Lawyers® 2022 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Patrick M. Birney in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Michael F. Maglio in Banking and Finance Law, Robert S. Melvin in Environmental Law, Joey Lee Miranda in Energy Law and Jacqueline Pennino Scheib in Trademark Law. Peter V. Lacouture was also named a Best Lawyers® 2022 “Lawyer of the Year” in Providence, Rhode Island in the area of Energy Law.

The second edition of Best Lawyers: “Ones to Watch” was also released, of which 17 total Robinson+Cole lawyers are listed in. The “Ones to Watch” recognition is given to attorneys who are earlier in their careers for their outstanding professional excellence in private practice in the United States. Read more in the press release.

47 Robinson+Cole Lawyers Recognized in Super Lawyers®

A total of 47 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Delaware, Massachusetts, Pennsylvania and Rhode Island for 2020. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

Also, Bruce B. Barth was named to the Top 50: 2020 Connecticut Super Lawyers list and Linda L. Morkan appears on the Top 25: 2020 Women Connecticut Super Lawyers list.

The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

61 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2021. Of the 61 lawyers from across the firm’s practice groups and offices named to the list, 46 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law.

Additionally, the following six lawyers were named the Best Lawyers® 2021 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Michael R. Enright in Litigation – Bankruptcy, Gregory R. Faulkner in Litigation – Construction, Virginia E. McGarrity in Employee Benefits (ERISA) Law, Joey Lee Miranda in Environmental Law, James P. Ray in Litigation – Environmental and Theodore J. Tucci in Health Care Law. Michael S. Giaimo was also named a Best Lawyers® 2021 “Lawyer of the Year” in Boston, Massachusetts, in the area of Land Use and Zoning Law.

The inaugural edition of Best Lawyers: Ones to Watch was also released, of which 17 total Robinson+Cole lawyers are listed in. The “Ones to Watch” recognition is given to attorneys who are earlier in their careers for their outstanding professional excellence in private practice in the United States. Read more in the press release.

52 Robinson+Cole Lawyers Recognized by Super Lawyers®

A total of 52 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2019. In addition, 32 attorneys at the firm were recognized as “Rising Stars.”

The following lawyers were named to the Top 50: 2019 Connecticut Super Lawyers list: Denis C. Cavanaugh, Gregory R. Faulkner, Linda L. Morkan, Todd R. Regan, and Jeffrey J. White. Linda also appears on the Top 25: 2019 Women Connecticut Super Lawyers list.

The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

Robinson+Cole Lawyers Recognized by Super Lawyers®

A total of 56 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2017. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

In addition, 29 attorneys at the firm were recognized as “Rising Stars.” An explanation of the Super Lawyers methodology can be found here.

See the list of included lawyers in the news release.

Robinson+Cole Welcomes Six New Lawyers

Robinson+Cole is pleased to welcome to the firm five new associates and one counsel across its practice areas. The lawyers join the firm's Boston, Hartford, and Stamford offices and their arrival corresponds with that of Matthew T. Miklave, who, as previously announced, joined the firm as a partner to head Robinson+Cole's labor and employment practice in the firm's Metro New York offices.