The program was part of the American Bar Association Real Property, Trust and Estate Law Section’s “Mastering the Art of Commercial Real Estate Deals” webinar series, which is a comprehensive set of programs on commercial real estate. The Title Insurance session was associated with the second program in the four-part series, entitled "The Contract is Signed, Now What? Due Diligence Traps for the Unwary." The panel covered key points from opening the order for title insurance to closing and recording the real estate transaction as well as what happens after the inevitable claims arise. Candace also offered tips for the construction lender in the wake of several circuit court decisions negating title insurance coverage for mechanic’s liens, on the theory that the lender “created” the liens.
During the program, panelists offered insight into the thinking behind the new strategies and trends in health care transactions—where the money is coming from and where it is going—from the perspectives of buyers, sellers, and investors in health care.
The virtual seminar explored the surety’s key rights under the industry-standard General Agreement of Indemnity (GAI), as well as the surety’s well-established common law rights, focusing on what bond producers need to know in order to guide their clients through the process.
Presented by the Connecticut Bar Institute of the Connecticut Bar Association, the program focused on the skills needed to practice effectively and ethically. The CLE seminar also covered launching and navigating a successful career in law.
Presented by the Boston Society of Civil Engineers Section, the full-day seminar included a mix of project case studies, technical reviews, legal issues in construction, technology and innovative planning and construction techniques, and specific construction projects and detailed challenges. During his session, Joe examined the application of the Massachusetts Retainage Act to private construction projects in Massachusetts and how the statute changes the traditional paradigm of a project’s close-out process with respect to substantial completion and retainage. Robinson+Cole was a sponsor of the summit.
State Tax 360° is an annual event that features local leaders in state taxation discussing the latest topics and answering attendee’s questions.
The four-hour session focused on permitting and compliance issues regarding air emissions, odor, and noise, and how pollution prevention can be an effective way to achieve best available control technology (BACT) compliance. Brian and Emilee presented a session on "MassDEP Air Permitting Regulations: Key Features of the 2018 Revisions" and participated in a panel discussion at the close of the program. Brian also presented a session entitled "Ozone Depleting Substances: Is Your Facility Prepared?"
Presented by DRI (The Voice of the Defense Bar), the symposium was an educational event for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. Larry's program focused on how the opioid crisis in the United States will affect commercial general liability, errors and omissions, professional liability, and product liability coverage.
Presented by Strafford, the live CLE webinar provided employee benefits counsel with a detailed analysis of the types of remedies available under ERISA and challenges in seeking monetary relief for benefit claims. The program covered equitable relief under Section 502(a)(3), other key enforcement provisions under ERISA, the scope of monetary relief, procedural strategies in litigation, and plan terms limiting the availability of equitable remedies.
Tyler’s session covered:
Presented by the Connecticut Chapter of the International Association of Arson Investigators, the seminar was hosted for fire/arson investigators, police officers, counselors prosecuting or litigating fires, insurance – special investigation unit personnel, claims professionals, and claims legal personnel.
The program focused on legal updates that will impact human resources, including wage and hour, website accessibility litigation, the impact of “#MeToo” on HR practices and policies, and criminal background checks.
Britt-Marie addressed the possibility of an individual’s disability being a contributing factor to performance, conduct, or safety concerns. She also covered evaluating the defensibility of performance standards, whether accommodation may be required, the process for identifying and exploring possible accommodations, and how performance standards might be impacted.
The program covered how drones can be used to collect valuable data and increase productivity, safety, and efficiency of organizations across all industries. Kathryn provided an overview of the Federal Aviation Administration’s (FAA) Part 107 regulations, waivers, the FAA “DroneZone,” and the FAA’s LAANC portal. In addition, she addressed the onslaught of cybersecurity concerns and threats that should be better understood in order to allow drones to continue to operate safely in the national airspace.
The seminar provided an overview of common issues in commercial contract disputes and covered various topics, including limitations of liability, arbitration provisions, indemnification clauses, ipso facto clauses, prejudgment remedy waivers, disclaimers of warranties, survival clauses, forum selection clauses, and confidentiality provisions.
This presentation discussed the basic principles of attorney-client privilege and the work product doctrine in the context of an attorney allegedly acting as a "superadjuster." The presentation provided guidance as to how to avoid a scenario where an attorney's work and communications become discoverable based upon the nature of the tasks undertaken by the attorney and what state's laws applies.
This presentation was co-presented with Gregory Lahr, a partner at Robinson & Cole and Deborah Vennos, of counsel at Robinson & Cole.
The program focused on how a number of agencies are looking into different models, such as P3, as a means of maintaining updated infrastructure projects without having to make large investments. As an example of one such cost-effective solution, the panel examined the strategies and motivations that prompted the UMass Building Authority to pursue P3 for recent building projects on its Boston campus and the process they undertook to ensure a quality facility.
Presented by the National Business Institute (NBI), the recorded webcast offered guidance to prepare for the avoidance and countering of bad faith allegations. The program also shared insight on screening cases for bad faith potential, documenting investigations, and developing tools to deny bad faith in court.
Hosted by the Institute of Scrap Recycling Industries, Inc. (ISRI), the forum was developed to provide up-to-date knowledge and training to operations and maintenance supervisors on all facets of running a scrap yard. Jon's program linked abstract regulatory requirements with real-world situations and demonstrated the reasons and purposes behind certain practices scrap yards are required to undertake.
GFOA-CT is comprised of over 400 state and local government finance officers and others interested in public finance. The Association’s purpose is to promote the improvement of the methods of governmental financing in Connecticut.
Third Circuit Chapter, multiple volumes of the ERISA Survey of Federal Circuits, published by the American Bar Association (2018)
The practical skills session included a review of recent case law highlighting the unintended consequences of flawed acknowledgments and jurats, along with practical tips on fixing errors and avoiding defects. The panelists also offered an analysis of REBA-sponsored legislation to update the acknowledgement statute and bring it into closer alignment with other jurisdictions.
Jonathan's program covered how to anticipate the challenging coverage issues associated with major catastrophes, including hurricanes, tornados, wildfires, and floods, etc.; identify tools to help accurately resolve these coverage and adjustment challenges; and reviewed strategies organizations can take in responding to coverage challenges associated with future catastrophic events.
Tyler and Jessica reviewed recent trends with building contractors soliciting assignment of benefits with personal lines and commercial lines claims; described assignment of benefits strategies employed by public adjusters, attorneys, and real estate purchasers; evaluated what the law in various jurisdictions says about rules governing assignment of benefits; and analyzed adjusting strategies adjusters might consider when faced with various forms of assignment of benefits.
Presented by the Connecticut Business & Industry Association (CBIA) and CONNSTEP, the annual conference explored issues that will impact aerospace and defense supply chain companies in the next five years, and offered insight on how to form sustainable workforce development partnerships to ensure operations have the talent needed to succeed.
BankNewport LIVE is a forum for business professionals to learn and share leadership, inspiration, vision, and expertise. During the panel discussion, Linn outlined practical steps small businesses can take to address cyber risks, including mapping high risk data, obtaining a risk assessment, implementing security processes, and educating employees. She also provided an overview of what a data breach is and, in the event of a data breach, what notification is required to customers and regulatory authorities.
Kendra opened the program with a welcome and covered the key takeaways of the seminar, which provided an introduction to the inner workings of the Land Court and its many roles. Faculty included Land Court officials who explained the Court’s registration process, the role of the survey division, and the Court’s role in tax liens and foreclosures.
Sponsored by the American Bar Association (ABA) Section of State and Local Government Law's International Law Committee, the ABA Section of International Law's Anti-Corruption Committee, and the ABA Section of Environment, Energy, and Resources' International Environmental and Resources Law Committee and Endangered Species Committee, the webcast covered the current state of wildlife poaching in Namibia, legislative reforms to improve enforcement, and next steps to address the organized criminal syndicates who foster the global wildlife products trade. The legislative reform project was undertaken in 2016–17, with contribution from the ABA State and Local Government Law Section, bringing together an international research team from the U.S., the U.K., and Namibia. Peter and Megan oversaw the team in the United States researching legislative options for bolstering enforcement efforts.
The full-day program provides attendees with an update on rules changes, legal trends, and new legislation in seven key areas of the law from a designated faculty member. Steve’s session provided an update to approximately 200 attendees on developments in bankruptcy and receivership case law, rules, and practice in Rhode Island and throughout the First Circuit during the last year.
During the program, Michele, Evan, and Brian provided planners with an understanding of real estate law and how a planner's day-to-day work relates to real estate transactions.
Presented by the International Municipal Lawyers Association (IMLA), the panel focused on the association's Construction Contracts Drafting Initiative: Construction Manager at Risk (CMAR) which, is a building delivery method that requires a commitment by a construction manager to deliver the project within a guaranteed maximum price. This delivery method is especially helpful for small municipalities facing complex projects and, if done properly, can be extremely effective. The session provided IMLA members with a forum to engage in substantive discussions regarding effective terms and conditions in construction contracts for public projects utilizing CMAR.
The session explored the human resources and employee relations side of strong employee communications during an investigation as well as the legal issues and associated risks involved. Britt-Marie and Abby covered the types of communications that are typically made and how such communications can be tailored based on the workplace and the investigation, the balance that must be achieved between transparency and confidentiality during an investigation, how to handle employee questions and concerns, and techniques for handling leaks and communications crises in the workplace.
The New Source Review Workshop was attended by industry, federal and state environmental regulators, and environmental consultants, and focused on recent reforms to the Clean Air Act’s preconstruction permit program known as “New Source Review.” Brian’s presentation focused on legal challenges to these reforms and likely next moves by the EPA.
Presented by Strafford, the CLE webinar focused on recent trends in class action settlements at the preliminary approval, final approval, and new post-final approval stage. Panelists covered this new trend and offered insight on how judges are intervening to ensure that class action settlements are paid out in a fair and timely manner.
Presented by Lawline, this CLE course provided an overview of labor and employment implications in international business transactions. The program described common scenarios in which these issues might arise and included an overview of the application of U.S. laws abroad, international legal considerations, common defense, and practical considerations to keep in mind when handling these matters.
The article covers the qualifications for an EB-1B Outstanding Researcher green card case, case assessment and best practices for a successful EB-1B Outstanding Researcher green card case, tips for a successful petition, and presenting a winning case.
The live webinar focused on how drones can collect valuable data and increase productivity, safety, and efficiency across all industries. Kathryn also covered the Federal Aviation Administration’s (FAA) Part 107 regulations, waivers, the FAA “DroneZone” and the FAA’s LAANC portal, enforcement at both the state and federal level, voluntary best privacy and security practices, and compliance with these regulations and practices.
The article focuses on the use of physical ability tests (PATs) in the scrap industry which, are used to ensure that employees can perform the job’s essential functions. The piece goes on to cover two recent settlements with the Equal Employment Opportunity Commission that demonstrate the potential exposure unlawful PATs can cause. Earl, Jon, and Abby encourage companies using PATs to consider other practical alternatives in order to avoid federal law violation. “If you decide PATs are necessary, regular re-evaluation and validation, including legal review by competent counsel, could reduce your risk of a discrimination claim or lawsuit.”
The presentation explored best practices, from both a legal and project management perspective, in mitigating losses and managing expectations yet, preserving rights when construction projects go bad.
The CLE webinar covered the issue of personal jurisdiction over corporate defendants in the wake of the Supreme Court’s 2017 Bristol-Myers Squibb v. Superior Ct. and BNSF Railway Co. v. Tyrrell rulings. The program reviewed the progression of the Court’s prior decisions on corporate jurisdiction, lower court decisions issued since the BMS/BNSF rulings, and key unresolved legal issues in the year following the BMS decision.
Presented by the Information Coalition, Ms. Rattigan delivered the opening keynote presentation on “Cybersecurity & the Commercial Drone Industry: Threats and Mitigation of Risk." The program covered how drones can collect valuable data and increase productivity, safety, and efficiency across all industries.
Co-sponsored by the Massachusetts Bar Association (MassBar) Dispute Resolution Section and Health Law Section, the program offered insight on the nuances of dispute resolution in recoupment, reimbursement and other payor-provider disputes. The session covered the importance of provider agreements as well as the policies, procedures and other documents incorporated by reference into those agreements, and considerations in selecting mediators and arbitrators for health care disputes.
During the afternoon breakout session, Rich and Jim covered the pending appeal they brought of a Connecticut Department of Energy and Environmental Protection (DEEP) declaratory ruling interpreting provisions of Connecticut’s Remediation Standard Regulations and Licensed Environmental Professionals Regulations. They offered insight on the far-reaching implications the ruling could have on the petroleum industry in Connecticut, which could lead to added uncertainty, added costs, and delay in getting sites cleaned up. The appeal is currently on hold, as the court remanded the matter back to DEEP, ordering DEEP to consider additional information submitted by the petitioner.
Marty's presentation focused on contracting trends and pitfalls in work letters governing the design and construction of real estate leased to or by colleges and universities, from alternate funding and delivery models to risk management techniques, which institutions are using to keep the lights on and stay competitive.
Brian’s program offered an overview of federal underground storage tank (UST) regulations, with a focus on changes in 2018, and covered testing and inspection requirements and a number of areas of flexibility permitted as states implement these regulations. The session also offered insight on state-specific implementation of new rules.
YIMBY (Yes In My Back Yard) is a pro-development grassroots movement and YIMBYtown 2018 was the third annual national YIMBY gathering for community organizers, political leaders, educators, and everyday people to identify problems, create solutions, and share resources on the issues that impact housing on the local, state, and national levels. YIMBYtown 2018’s goal was to advance a model of organizing that builds bridges to new allies, promotes racial diversity and equity, and wins housing campaigns. Matt’s first session was a discussion on “How Can the Federal Government Encourage Housing Development?” The program examined how the federal government can play a role in encouraging the type of development that will create vibrant and walkable communities across the country for people of all income levels. He also facilitated a discussion on “YIMBY as a political movement,” which focused on developing a movement-wide strategy on increasing YIMBY influence in electoral politics.
Sponsored by the Pell Center at Salve Regina University and presented in recognition of the 15th annual National Cybersecurity Awareness Month, the conference focused on the growing market for cybersecurity jobs and the need to build a culture of cybersecurity across organizations.
This edition of the book is based on Mr. Blaesser's real estate development practice and provides a practitioner's guide to limiting government abuse of discretion in government decision making. The book also offers practical litigation tips for handling land use regulations in light of key court rulings. Highlights in the 20th edition include a discussion of (1) the new multifactor test for determining the denominator (relevant parcel) in a regulatory takings claim as announced by the U.S. Supreme Court in Murr v. Wisconsin; (2) a new form of abuse of discretion––administrative bodies acting "legislatively"; (3) the meaning of "adequate consideration" in development agreements; (4) the viability of the U.S. Supreme Court's Central Hudson four-part test for determining the constitutionality of commercial speech regulations after the Court's decision in Reed v. Town of Gilbert; and (5) further developments under the U.S. Green Building Council’s rating system, LEED v4. To review the table of contents of Discretionary Land Use Controls, click here.
Specialty Medical Groups: Why Dermatology, Anesthesiology and Others Are Hot M&A Targets, panelist for webinar presented by Irving Levin Associates (9/13/2018)
Ms. Hamilton reviewed recent trends with building contractors soliciting assignment of benefits with personal lines and commercial lines claims; described assignment of benefits strategies employed by public adjusters, attorneys, and real estate purchasers; evaluated what the law in various jurisdictions says about rules governing assignment of benefits; and analyzed adjusting strategies adjusters might consider when faced with various forms of assignment of benefits.