Mr. Donlon's column, published quarterly, discusses actual appellate cases where attorneys' errors have affected the outcome. It is now entering its third year, with no shortage of examples from which good lawyers can learn. The most recent article includes cases where lawyers were sanctioned for appealing a case based on a knowingly false claim, the dismissal of an appeal for failing to file a brief (after two extensions of time), and a decision in which the appellate court found the controlling contract provision itself, after both sides had been arguing the wrong provision since the trial began.
In the article, Ms. Chaffee answers questions on how communities can deal with the medical and recreational sale of marijuana, focusing on land use impacts and what municipalities are regulating. Ms. Chaffee also incorporates the tips that Real Estate + Development Group lawyer Dwight H. Merriam provided in Connecticut Lawyer regarding Connecticut's Act Concerning the Palliative Use of Marijuana. Mr. Merriam advises that communities wanting a voice in local regulation adopt a strong purpose and detailed findings, define everything, and cap the number of facilities.
In the article, Mr. Strniste examines how a construction project's insurance requirements are often overlooked when negotiating construction contracts, specifically in regards to builders' risk insurance. The article also explores the many nuances of builders' risk insurance, including the variations in policy forms and available coverages. Click here to view the article on page 5 of the newsletter.
The speakers included Stacey Valerio, counsel at the Connecticut Department of Banking; Rich Cortes, principal financial examiner at the Connecticut Department of Banking; Hailey Rice, general counsel and chief compliance officer at Village Mortgage; and Mike Dimech, vice president and operations manager at Norcom Mortgage. The seminar highlighted current legislative and regulatory developments of concern to Connecticut's residential mortgage lending community. It also featured a review of the 2017 Legislative Session and a preview of the 2018 session. Click here to see a photo from the event.
The discussion focused on how to assess whether a vendor is a business associate when roles are unclear, pre-contract strategies to identify and assess potential HIPAA risks, contracting approaches to address privacy and security risk concerns, and vendor monitoring for compliance.
The program examined how water utilities are especially exposed to hackers looking for vulnerabilities in critical infrastructure and recent cybersecurity incidents involving critical infrastructure. The topics included establishing a privacy and security program, identifying risks such as ransomware and other malicious intrusions into critical infrastructure systems, testing incident response and back-up programs, recovering from attacks, and implementing good practices.
The two hour presentation covered management and employee relations; civil rights, anti-discrimination, and anti-retaliation provisions; the Family and Medical Leave Act; progressive discipline; and evaluating employee performance.
Ms. Rapuano provided an overview of export controls and discussed the importance of screening customers and classifying the hardware/parts and technology that are subject to both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). In addition, she examined the export issues that original equipment manufacturers (OEMs) encounter and how those issues drive information required from the supply chain. Approximately 60 members attended the program.
In the chapter, Mr. Seeman focuses on religious land use disputes brought under the First Amendment's Free Exercise and Establishment Clauses (the Religion Clauses), specifically analyzing the types of claims that governments may face under the Religion Clauses and the differences between claims under the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Mr. Seeman also offers practice tips on how governments can avoid such claims at the outset and, if unsuccessful, can defend against such claims. To find out more about the book, click here.
Ms. Maresca, along with her fellow panelists, spoke about the transformation of shopping centers. In particular, she explored two emerging elements of the retail real estate industry: first, the importance of understanding and quantifying occupancy costs in tenant rent negotiations and shopping center operations in today's changing marketplace, and second, issues and situations in repurposing and redevelopment in the rapidly evolving area of shopping centers.
In the article, Mr. Merriam scrutinizes the consequences of off-campus student housing by focusing on the demand for housing, the economic imperative, the state of the law, proven techniques to address the issues, the definition of family, and other related topics.
Mr. Merriam and his fellow panelists delved into the limitations on the sovereign power of eminent domain under the takings clause of the Fifth Amendment and, in particular, discussed inverse condemnation; exactions; energy-related takings, such as pipeline easements and wind generation fields; regulatory takings; and the future of economic development and judicial takings. Click here to view the PowerPoint for the program.
Editor-in-Chief, Second Edition, 2017 Cumulative Supplement, published by Bloomberg BNA and the ABA Health Law Section.
Published in the member magazine for DRI - The Voice of the Defense Bar, Mr. Begos and Mr. Bennici discuss how understanding the "probate exception," it's history, and the split among the circuits about whether it applies in cases for which federal question jurisdiction exists can aid in explaining to a judge why it should not apply to ERISA claims.
The session covered these areas: (1) who is behind cyber-attacks and whom they target, (2) the kind of information targeted in a company’s system, (3) the disruptiveness of a cyber-attack, (4) how cyber-attacks happen and what can be done to reduce the risk, and (5) the 10 most important questions to ask your IT and HR Departments. CICPAC is a national association of accounting firms that serve over 11,000 construction companies throughout the United States.
Mr. Strniste's article discusses builders' risk insurance and the issues surrounding it when negotiating a construction contract.
The guest speaker was Professor John Kellar of Kansas State University. Sponsored by the International Municipal Lawyers Association (IMLA), the program focused on agricultural land use law in terms of farmland preservation, specifically on how regulation can preserve the food supply for future generations. Click here to view the PowerPoint. Click here to view the program outline.
Robinson+Cole's international pro bono project is featured in the article. Megan E. Baroni, Kelsey A. Cross, Emily C. Deans, Byron D. Flagg, Peter R. Knight, Diana E. Neeves, Sorell E. Negro, and Alec Rubenstein have all contributed to this project.The purpose of their work is to assist the Legal Assistance Centre (LAC) in Namibia by reviewing the country's legislative framework and providing recommendations for strengthening its wildlife crimes legislation and enforcement.
Mr. Freeman discusses how the U.S. Environmental Protection Agency’s recent call for regulatory reform suggestions provides an opportunity to end EPA’s policy for defining a major source of hazardous air pollutants under the Clean Air Act. Under the policy, if a facility’s potential to emit hazardous air pollutants ever exceeded “major source” thresholds, the facility must comply with regulations for “major sources” permanently, even if the facility later reduces its potential emissions below trigger levels. The article questions the legal and practical soundness of this approach, and discusses how ending the policy would avoid compliance burdens and unwarranted penalties, and incentivize emission reductions. Read the article here.
The article addresses civil rights and privacy as well as the dos and don’ts in building regulations at the local level.
Addresses both the benefits and potential risks of using a drone on a construction project from the perspective of construction counsel who regularly advise owners, construction managers, and general contractors, trade contractors and sureties.
The presentation provided a succinct midyear update of private equity investing across the health care spectrum, along with insight into trends and the outlook for 2017.