Pullman & Comley, LLC

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David Atkins

Guidance From The Adjective Police: The Do’s And Don’ts of Attorney Advertising In Connecticut

Regulatory Review of Attorney Advertising in Connecticut - Since July 1, 2007, the Statewide Grievance Committee has had two principal ways to address concerns about attorney advertising. First, under Practice Book…more

Advertising, Ethics, Law Practice Management, Required Documentation

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Elizabeth J. Austin

Say Goodbye to Kodak Moments

On August 23, 2013, Bankruptcy Judge Allan Groper, approved the Eastman Kodak Company (“Kodak”) First Amended Joint Chapter 11 Plan of Reorganization, which enabled Kodak to emerge from bankruptcy as a totally new company. In…more

Commercial Bankruptcy, Kodak

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Steven J. Bonafonte

January 28th was Data Privacy Day!

Led by the non-profit group, National Cyber Security Alliance, the first Data Privacy Day was celebrated in the United States in 2008…more

Cybersecurity, Data Breach, Data Protection

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Megan Carannante

Employers: Be aware of the NLRB when Implementing and Enforcing Social Media Policies

Many employers adopt policies that restrict employee internet conduct that could impact the company’s business. While it is prudent to provide employees with clear rules in this area, employers must be wary of aggressive…more

Compliance, Corporate Counsel, NLRA, NLRB, Social Media Policy

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Laura Cardillo

Property Valuation Topics: Fall 2013

In a rather prosaic case involving the measurement of damage to an automobile after an accident, the defendant who caused the accident sought to dismiss the plaintiff’s action because “her car [had] been fully repaired and the…more

Construction Disputes, Construction Litigation, Property Valuation

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Cara Ceraso

Ignore Social Media at Your Own Risk

There’s no question that the advent of social media has changed the way we communicate. However, the use of social media raises a number of legal issues and potential liabilities of which every organization should be…more

Confidentiality, Copyright, Employer Liability Issues, Healthcare, Medical Malpractice

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Adam Cohen

Alert: Developments in Connecticut Municipal Law

Overhaul of Revenue Collection Statutes Goes into Effect this Fall - The most comprehensive overhaul of Connecticut’s municipal revenue collection statutes in decades will go into effect on October 1, 2013. Public Act…more

Corporate Taxes, Economic Development, Municipalities, Property Tax, Revenue

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William Connon

Teacher Non-Renewal – By The Numbers

One of the less-pleasant rites of spring for Connecticut’s public school districts is determining whether to non-renew the employment of their non-tenured teachers. Section 10-151 of the Connecticut General Statutes, which…more

Public Schools, Teachers, Tenure

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Karen Daley

Health Care Insights - Winter 2013

In This Winter 2013 Issue: Risk of Wrongful Data Bank Report; Physician Burnout is High; New Connecticut Medical Examining Board Members; Must Providers Comply With Flu Shot “Rule”? "Small” Fine For Small HIPAA Data Breach…more

Data Bank Reports, Data Breach, Flu Shot Rule, HHS, HIPAA

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Sharon Freilich

New Guidance – Is that Rollover Contribution Valid?

Since 1992, the ability to move retirement money from one qualified plan to another qualified plan or individual retirement account has been simplified. One hiccup in this easing process has been determining the level of due…more

DOL, EFAST2 Form, IRA, IRA Rollovers, Qualified Retirement Plans

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Rachel Ginsburg

Testing the Boundaries of the Faragher/Ellerth Defense in Sexual Harassment Cases

In 1998, the U.S. Supreme Court created a defense for employers accused of permitting a supervisor to engage in unlawful sexual harassment of an employee. In two seminal cases, the Court held that an employer is not vicariously…more

Employer Liability Issues, Faragher/Ellerth defense, Internal Investigations, SCOTUS, Sexual Harassment

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Andrew Glassman

Connecticut Medical Marijuana Statute Is It Sowing the Seeds of Employer Discontent?

With the enactment of Connecticut’s medical marijuana, Connecticut became the 17th State in the Union to pass legislation legalizing the use of pot in one way or another. As of today, 20 states and the District of Columbia have…more

Drugs, Marijuana, Medical Marijuana

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Irve J. Goldman

Bankruptcy Beat: Luck of the Irish Cannot Save Debtor’s Bankruptcy Appeal of Order Granting Relief from the Stay

The importance of obtaining a stay pending appeal of a bankruptcy court order lifting the automatic stay was recently illustrated in Dunne v. Ulster Bank (In re Dunne), 13 cv 00996-JBA (Mar. 11, 2014). In the Dunne case, Sean…more

Automatic Stay, Consumer Bankruptcy, Mootness

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Jessica Grossarth

Post-Divorce Judgment Legal Fees Generated By Custody Dispute Constitute a Non-Dischargeable Debt Pursuant to 11 U.S.C. §523(a)(15)

Section 523(a)(15) of the Bankruptcy Code provides that a discharge “does not discharge an individual debtor from any debt…to a spouse [or] former spouse, … in the course of a divorce…or…divorce decree or other order of a court…more

Attorney's Fees, Consumer Bankruptcy, Divorce

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Joshua Hawks-Ladds

Supreme Court Decision on Departing Employees & Releasing Workers’ Compensation Claims Against Employer

The Connecticut Supreme Court recently released a decision, SC19085 that puts to bed an issue that frequently arises when employers attempt to have departing employees release ALL claims against the company – including workers’…more

Employer Liability Issues, Employment Contract, Workplace Injury

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Alex Hernandez

Cyber Law Tracker: President Obama Announces NSA Reforms

On January 17, 2014, President Obama announced broad reforms to the U.S. government’s practices with regard to the surveillance programs that have swept up massive amounts of phone records and related data…more

Barack Obama, NSA, Surveillance

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Lee Hoffman

Increased Efficiency - Proposal to double state investment still under evaluation

The Connecticut Department of Energy and Environmental Protection (“DEEP”) announced its plan to nearly double the state’s investment in energy efficiency – from $122 million per year to $231 million a year for the next three…more

Energy, Energy Efficiency, Energy Policy, Environmental Policies

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Jonathan Kaplan

Connecticut District Court and Bankruptcy Court Differ on Extent to Which the Automatic Stay Automatically Terminates Upon Second Bankruptcy Filing

Under §362(c)(3)(A), when a debtor files a second bankruptcy case within one year after the first case, the automatic stay in the second case will automatically terminate “with respect to the debtor” on the 30th day of the case…more

Automatic Stay, Consumer Bankruptcy, Creditors

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George Kasper

Many Employee Retirement Plan Dollar Limits Adjusted For 2014

The Internal Revenue Code provides for various dollar limitations on benefits, contributions, and compensation for tax-qualified employee benefit plans. Recently, the Internal Revenue Service announced cost of living…more

401k, COLA, Employee Benefits, IRS, Retirement

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Frederic Klein

Health Care Insights - Winter 2013

In This Winter 2013 Issue: Risk of Wrongful Data Bank Report; Physician Burnout is High; New Connecticut Medical Examining Board Members; Must Providers Comply With Flu Shot “Rule”? "Small” Fine For Small HIPAA Data Breach…more

Data Bank Reports, Data Breach, Flu Shot Rule, HHS, HIPAA

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Michael Kurs

Health Care Insights - Winter 2013

In This Winter 2013 Issue: Risk of Wrongful Data Bank Report; Physician Burnout is High; New Connecticut Medical Examining Board Members; Must Providers Comply With Flu Shot “Rule”? "Small” Fine For Small HIPAA Data Breach…more

Data Bank Reports, Data Breach, Flu Shot Rule, HHS, HIPAA

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Nancy Lapera

Notice to Employees About Health Insurance Exchanges Due October 1, 2013

The Affordable Care Act provides individuals with the option of purchasing health coverage through new health insurance exchanges, or “Marketplaces” that will operate in every state effective January 1, 2014 (e.g., Connecticut’s…more

Affordable Care Act, Deadlines, DOL, Health Insurance Exchanges, Healthcare

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Michael LaVelle

The Current State of Whistleblower Protections in Connecticut

In the employment context, a “whistleblower” is an employee who discloses the illegal practices of his employer, usually by a report or complaint to a public authority. There are a variety of statutory protections for…more

Adverse Employment Action, Whistleblower Protection Policies

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Edward Lefebvre

Cyber Law Tracker: A Year in the Making, White House Unveils Final Cybersecurity Framework

On Wednesday, February 12, the White House unveiled its new framework for American infrastructure to protect itself against cyberattack. That framework is the result of a yearlong project undertaken by the executive agencies;…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, NIST

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Thomas Maxwell

Will Connecticut's New Gun Restrictions Affect You?

Connecticut’s new firearms legislation will have a broad impact. The state made history this past week when Governor Dannel Malloy signed into effect one of the most restrictive gun laws in the United States. Public Act 13-3,…more

Firearms, Gun Laws, Sandy Hook

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Christopher P. McCormack

EPA Rule Adopts Revised ASTM Phase I Environmental Site Assessment Standard as Alternative Means to Conduct All Appropriate Inquiry

The United States Environmental Protection Agency issued a final rule on December 30, 2013, endorsing ASTM E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” as an…more

CERCLA, Environmental Assessments, EPA, Land Developers, Superfund

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Edward McCreery III

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort, whose…more

Abuse of Process, Appeals, Chain of Title, Collection Action, Divorce

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Michael McKeon

Separate and Unequal

Unlike people, not all schools are created equal. Anyone who doubts that need only review the results of the Civil Rights Data Collection [“CRDC”] for the 2011-2012 school year, which were released on March 21, 2014 by…more

Civil Rights Act, CRDC, Department of Education, OCR, Public Schools

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Adam Mocciolo

Déjà vu All Over Again: Planning For New Hires In Light of The H-1B Visa Lottery

For the second year in a row, the United States Citizenship & Immigration Service (USCIS) has received more petitions in the opening week of H-1B visa season than the number of visas that are available for the entire year. This…more

H-1B, Lottery, USCIS, Visa Caps, Visas

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Herbert Moorin

Notice to Employees About Health Insurance Exchanges Due October 1, 2013

The Affordable Care Act provides individuals with the option of purchasing health coverage through new health insurance exchanges, or “Marketplaces” that will operate in every state effective January 1, 2014 (e.g., Connecticut’s…more

Affordable Care Act, Deadlines, DOL, Health Insurance Exchanges, Healthcare

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Jonathan Orleans

Athletics For Disabled Students

In what seems a surprising move to many, particularly for the Obama Administration, the Department of Education Office of Civil Rights (“OCR”) has backed away from last year’s strong policy statement on access to extracurricular…more

Athletes, Department of Education, Disability, Students

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Elliott B. Pollack

Property Valuation Topics: Fall 2013

In a rather prosaic case involving the measurement of damage to an automobile after an accident, the defendant who caused the accident sought to dismiss the plaintiff’s action because “her car [had] been fully repaired and the…more

Construction Disputes, Construction Litigation, Property Valuation

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Ira Reifer

Play or Pay and Minimum Essential Coverage: What, When and How (Much)?

Beginning in 2014, the Affordable Care Act’s employer shared responsibility rules, the so called “play or pay” rules, impose penalties on an employer with more than 50 “full-time equivalent” employees (a large employer) if the…more

Affordable Care Act, Healthcare, Minimum Essential Coverage, Pay or Play, Penalties

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Richard Robinson

Workplace Bullying and The Law

Could Jonathan Martin successfully sue the Miami Dolphins and Richie Incognito for workplace bullying? Probably not. - For one reason or another, the existing array of legal claims do not cover much of what would be…more

Bullying, Harassment, Hazing

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Timothy Ronan

Cyber Law Tracker: President Obama Announces NSA Reforms

On January 17, 2014, President Obama announced broad reforms to the U.S. government’s practices with regard to the surveillance programs that have swept up massive amounts of phone records and related data…more

Barack Obama, NSA, Surveillance

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Erick Russell

Cyber Law Tracker: President Obama Announces NSA Reforms

On January 17, 2014, President Obama announced broad reforms to the U.S. government’s practices with regard to the surveillance programs that have swept up massive amounts of phone records and related data…more

Barack Obama, NSA, Surveillance

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Zachary Schurin

Regulation Review Committee Ready To Consider New Paraprofessional FMLA Regulations

The Connecticut General Assembly’s Legislative Regulation Review Committee will consider the Department of Labor’s proposed paraprofessional Family Medical Leave Act, or “FMLA” regulations at its April 22, 2014 meeting…more

DOL, FMLA, Proposed Regulation

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Susan Scott

Recording Special Education Team Meetings: Three Reasons Why Your School District Should Have a Written Policy

The audio recording of special education team meetings [“PPTs”] by parents and advocates has become a relatively accepted and common practice. Technically, school districts are only obligated to permit the recording of such…more

Audio Recording, FERPA, IEP, Public Schools, School Districts

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Gregory Servodidio

Property Valuation Topics: Fall 2013

In a rather prosaic case involving the measurement of damage to an automobile after an accident, the defendant who caused the accident sought to dismiss the plaintiff’s action because “her car [had] been fully repaired and the…more

Construction Disputes, Construction Litigation, Property Valuation

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John Shea

Dear Colleague Letter Firmly Urges Districts to Abandon “Zero Tolerance” in Student Discipline Policies

The Office for Civil Rights of the U.S. Department of Education (OCR) and the Civil Rights Division of the Department of Justice recently released a joint “Dear Colleague Letter” (DCL) providing guidance on administering student…more

Department of Education, Discrimination, National Origin Discrimination, OCR, Students

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James Shearin

Cyber Law Tracker: President Obama Announces NSA Reforms

On January 17, 2014, President Obama announced broad reforms to the U.S. government’s practices with regard to the surveillance programs that have swept up massive amounts of phone records and related data…more

Barack Obama, NSA, Surveillance

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H. William Shure

Bankruptcy Law Update - December 2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a…more

Arbitration, Automatic Stay, Criminal Exception, Debtor-Creditor, Equitable Mootness

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Alan Sobol

Federal Law Allows Guilt By Association

Imagine a hospital's assistant administrator submits millions of dollars in false claims to the Medicare program. Would the administrator face criminal liability if he had no knowledge of the criminal conduct of the assistant?…more

FDA, Healthcare, Medicare, Meningitis, Misbranding

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Mark Sommaruga

Latest Developments From The Connecticut General Assembly: The Education Committee Speaks

Before the deadline for committee action, the General Assembly’s Education Committee voted favorably on and advanced out of committee a plethora of bills. Among the most noteworthy were: 1) a bill that would delay the…more

Department of Education, Public Schools, School Safety, Students

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Tiffany Kouri Spinella

Property Valuation Topics: Fall 2013

In a rather prosaic case involving the measurement of damage to an automobile after an accident, the defendant who caused the accident sought to dismiss the plaintiff’s action because “her car [had] been fully repaired and the…more

Construction Disputes, Construction Litigation, Property Valuation

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Marcy Tench Stovall

Guidance From The Adjective Police: The Do’s And Don’ts of Attorney Advertising In Connecticut

Regulatory Review of Attorney Advertising in Connecticut - Since July 1, 2007, the Statewide Grievance Committee has had two principal ways to address concerns about attorney advertising. First, under Practice Book…more

Advertising, Ethics, Law Practice Management, Required Documentation

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Lori Underberger

Retirement Plan Sponsors: December Reminders Part I

It’s time to take a short break from all the healthcare changes and focus on your December 1st and 15th deadlines for the following participant notices for calendar year retirement plans..…more

401k, Notice Requirements, Retirement Plan, Safe Harbors

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Diana Whitney

Zoning for a Health Care Facility: A Few Things to Think About

Admit it – your first thought was, why would anyone care if a health care facility was built in their neighborhood? But you were thinking of a nice, quiet nursing home, where the most activity that might take place would be…more

Healthcare, Healthcare Facilities, Hospitals

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Aimee Wood

Ignore Social Media at Your Own Risk

There’s no question that the advent of social media has changed the way we communicate. However, the use of social media raises a number of legal issues and potential liabilities of which every organization should be…more

Confidentiality, Copyright, Employer Liability Issues, Healthcare, Medical Malpractice

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