The article offers a basic roadmap to help companies start and continue a data privacy and cybersecurity risk management program. The key components, among others, include mapping and classifying high-risk data (paper and digital), completing a security risk assessment, implementing appropriate safeguards, developing and implementing procedures for protecting data, developing and implementing a vendor management program, educating employees, and engaging the company's board.
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.
In the presentation, Mr. Hausner and his co-panelists highlighted the financial, logistical, and legal factors to consider when deciding whether to deploy Building Information Modeling (BIM). The panel also demonstrated real-life examples showing how BIM is transforming project delivery for the Massachusetts Port Authority and other organizations across the country.
Ms. Porter and Ms. Dion discussed the use of policies by colleges and universities for controlling or blocking anonymous social media platforms, maintaining fair and risk-free discipline processes, and tailoring specific steps to investigate cyberbullying. They also presented on the challenges associated with each stage of inviting a controversial guest speaker to a college campus, including how to solicit and review invitations as well as how to maintain a spirited academic atmosphere while also protecting the students' right to assemble. The session also included a discussion of investigating handbook policy violations in these areas fairly and independently.
The program addressed the latest information on tax-exempt bonds and other tax-advantaged bonds, the IRS Voluntary Closing Agreement Program (VCAP) for tax-exempt bonds and other tax-advantaged bonds, and other initiatives, activities, and publications of the tax-exempt bond function within the Tax-Exempt and Government Entities Division (TE/GE) of the IRS. Also discussed were the implications of the recent reorganization of the TE/GE and how that reorganization may affect current examination initiatives and voluntary closing agreement procedures.
With a focus on Connecticut's economy and recent corporate departures, Mr. Leichsenring explored common and often overlooked initiatives that can yield significant tax savings—and how CFOs can employ those initiatives.
The program discussion covered the practical skills necessary to investigate allegations of employee misconduct, including asking effective questions, interviewing reluctant witnesses, obtaining relevant evidence, assessing credibility, and arriving at a legally defensible decision.
This session 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.
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.
As guest speaker for the course "Negotiation in Community Development," Mr. Merriam talked about his experience in avoiding and resolving disputes during the zoning preapplication and permitting process. The course, taught by Dr. Christopher J. Ryan, program manager of Community Development and Planning for the Central Massachusetts Regional Planning Commission, offers students in a range of alternate dispute resolution techniques.
Geared toward pension professionals, the forum addressed the state of the new Department of Labor Fiduciary Rule, how cybersecurity is becoming one of the biggest threats to pension plans, and regulatory and compliance issues. The audience included accountants, lawyers, third-party administrators, retirement consultants, actuaries, and trust administrators, among others.
Ms. Miranda, along with the other panelists, addressed the challenges the retail energy supply faces.
Mr. Ackerman’s portion of the presentation focused on recent developments in class action litigation against insurers, including cases involving depreciation of labor costs, depreciation in California, application of deductibles, diminution in value on property insurance claims, Connecticut faulty concrete foundation litigation, and auto insurance cases involving the Medicare Secondary Payer Act.
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 program provided a succinct update of developments in the dividend recap market and, in particular, examined the usefulness of a dividend recapitalization, current market trends, and suitability characteristics and also offered a case study. To find out more, click here to see the webinar’s PowerPoint.
Mr. Fil and Mr. Freeman discussed the importance of knowing the legal considerations in transactions, positioning a business for sale, minimizing risk exposure, and facilitating the deal.
Ms. Cole-Johnson spoke on "Creating a Comprehensive Employee Handbook." Her presentation, based on work done by Robinson+Cole on behalf of the Massachusetts Energy Marketers Association, provided a comprehensive review of elements that should be included in any employee handbook. She emphasized how a well-drafted employee handbook can protect employers, reduce the risk of liability, and increase employee morale.
Moderated by the editor of the Providence Business News, the panel addressed recent cyber intrusions experienced by companies, and, in particular, responding to intrusions, managing risk, and enacting cyber response plans. They also discussed the myths about cooperating with the government and sharing cyber intrusion information, among other topics. Ms. Freedman's co-panelists were Francesca Spidalieri, senior fellow for cyber leadership at the Pell Center on Cyber Security; Timothy Russell, supervisory special agent of the FBI's Criminal Cyber Squad; David Aaron of the U.S. Department of Justice; Terrence Donnelly, assistant U.S. attorney for the District of Rhode Island; and Adam Houston of the Rhode Island State Police Joint Cyber Task Force.
The discussion covered types of conflicts of interest that arise in development regulation, along with biases; conflicts by board members, staff members, and employees; actual versus apparent conflicts; and remedies. Click here to view the PowerPoint and here to view the program outline.
The article provides a brief history of marijuana-related bankruptcy cases, examines the recent denial of relief to marijuana-related debtors and their creditors, and discusses the implications of Controlled Substance Act forfeiture in bankruptcy.
The panel discussion focused on how planners can apply the APA Code of Ethics in the face of changing technology.
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.
Ms. Porter spoke about the regulation of the Internet of Things (IoT) from a manufacturer's perspective. She highlighted key areas for a manufacturer to consider when developing, manufacturing, and marketing IoT devices, including building IoT into product design, warranties, and other terms and conditions of sale; establishing a privacy and security program; identifying cybersecurity risk; and responding to law enforcement and other requests for stored data.
The program highlighted key areas for a manufacturer to consider when developing, manufacturing, and marketing IoT devices, including building IoT into product design, warranties, and other terms and conditions of sale; establishing a privacy and security program; identifying cybersecurity risk; and responding to law enforcement and other requests for stored data.
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 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.