Construction Group lawyer Joseph Barra authored the article “Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed (Part 2),”published in the June 2019 issue of BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ASCE. The Prompt Pay Act (Act) took effect on November 8, 2010. This second article addresses the proper use and application of “Pay-if-Paid” clauses; provisions negating a contract obligation that requires a contractor to continue working when an approved payment is more than 30 days late; and contract clauses that improperly restrict a contractor’s ability to trigger a contract’s dispute clause. Joe summarizes the Act’s impact on current practices and makes clear that project participants must understand how the Act renders unenforceable certain contract provisions and common methods of practice. To read the article in the full edition of the BSCES News, click here.
Bankruptcy + Reorganizations Group lawyer Steve Boyajian was among the panelists speaking during the Consumer Forum Session, "Practice Pointers: When Bankruptcy and Consumer Protection Statutes Collide," presented as part of the American Bankruptcy Institute’s “2019 Northeast Bankruptcy Conference & Northeast Consumer Forum” in Newport, Rhode Island July 11-13, 2019. The same circumstances that can lead debtors to bankruptcy often give rise to claims under various consumer-protection statutes. The Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Consumer Financial Protection Bureau’s mortgage-servicing rules, and similar consumer-protection rules and statutes can have substantial impacts on the creditor/debtor relationship.
The session offered an understanding of how consumer-protection statutes intersect with bankruptcy and the challenges and opportunities that clients might face – whether businesses or consumer debtors, creditors, or estate fiduciaries - when bankruptcy and consumer-protection laws meet. The panelists, including a U.S. Bankruptcy Court Judge and a representative from the Massachusetts Attorney General’s Office, discussed practical implications of the common intersection of consumer-protection statutes and bankruptcy. Robinson+Cole was a Benefactor-level sponsor of the Conference.
Patrick also wrote the paper "Reawakening Section 1334: Resolving the Conflict Between Bankruptcy and Arbitration Through an Abstention Analysis" for the Conference. To read the paper, click here.
This article refreshes the recollection regarding the extraterritorial application of federal statutory law and the presumption against extraterritoriality. Using the Second Circuit’s extraterritoriality decision as the framework, the article re-examines the applicability of the presumption against extraterritoriality in the context of avoidance proceedings commenced under the Code. To read the article, click here.
The panel explored such topics as zero coupon bonds; repudiation of cash; subordination of debt; right of first refusal; waivers and releases; designation of contracts and “no shop” clauses, with a focus on protecting avoidance actions and the omnipresent issues surrounding the value associated with releases.
The practice note describes how to structure financing transactions for healthcare providers to overcome anti-assignment and collection limitations on Medicare and Medicaid receivables. To view the article, click here. It also will be published in the Fall 2019 quarterly print edition of "The Lexis Practice Advisor Journal."
The panel addressed the predominant sources and routes of PFAS exposure associated with adults and children in the general public, communities in close proximity to production areas, and occupational populations, where inhalation may be the primary driver. Methodologies to derive inhalation-based toxicity criteria to allow for screening level assessment were presented.
Brian Wheelin moderated the seminar entitled “Preparing and Conducting a Civil Trial in Federal Court,” which included mock direct and cross examinations as well as covered topics to assist attorneys with trial preparation, jury selection, and opening and closing statements. The Hon. Vanessa L. Bryant, United States District Judge for the District of Connecticut, also served as a panelist.
The workshop was presented in three sections: first, a brief description of recent cyberattacks and general overview of data privacy and cybersecurity hot topics; second, an introduction to cyber liability insurance and the types of coverages provided; and third, a discussion of the legal and ethical issues for lawyers involving data protection and security, recent court decisions involving cyber liability insurance, and tips for lawyers about how to protect data in their firm.
Kathryn also was part of the panel “Surviving a Data Breach.” The panel discussion included experts in the fields of privacy, data security, public relations and reputation management, and addressed critical and sensitive issues in data privacy.
Jim discussed "What Are the Health, Environmental, and Litigation Challenges of PFAS?" Emilee presented on "How Are the Technical, Regulatory, and Legal Challenges of PFAS Being Addressed?"
Tom Donlon was a panelist for the program, “Final Judgment, Preservation of the Record, and Standards of Review on Appeal.” Ed Heath took part in the seminar “Understanding the New P.O.W.E.R. Act.” Brian Wheelin moderated the seminar entitled “Preparing and Conducting a Civil Trial in Federal Court.”
Health Law Group member Lisa Thompson was a featured speaker at the Boston Bar Association’s inaugural Health Care Conference in Boston, MA on May 30, 2019. Lisa spoke as a panelist on the program “Data Sharing Across the Health Care Industry.” She also participated as a member of the conference’s Advisory Committee.
The event covered a variety of legal trends and developments affecting health care providers and institutions, payers, insurers, physicians, and medical groups, medical device and pharmaceutical companies, offering programs that included “Innovations in Health Care,” “Drug Pricing,” “Health Care Enforcement: What’s On the Horizon?” and the “Right to Try and Expanded Access to Investigational Drugs.” The full day of education and networking brought together firm experts, in-house counsel, regulators and policy leaders, and healthcare specialists – practitioners with the skills to help guide clients through the legal and regulatory changes they may face, as well as the industry knowledge to seize opportunities for growth and collaboration that can drive further improvement in the health care system.
Brian Freeman and Emilee Mooney Scott were featured speakers at the recent half-day meeting of the Massachusetts Chemistry & Technology Alliance in Westfield, MA. Robinson+Cole was a sponsor of the event, titled “Air Permitting & Compliance: What to Know, What to Do, What Not to Do.” Brian presented “Case Studies: Taking the Air Pollution Control Program from the Theoretical to the Practical,” and moderated a panel discussion on “Regulation, Permitting, Compliance & Enforcement.” Emilee presented a program on compliance audits and self-disclosure. The meeting also offered remarks from representatives of the Massachusetts Department of Environmental Protection, as well as Tighe & Bond, an engineering and environmental consulting company, and Trinity Consultants, an environmental health and safety solutions firm.
Kevin Daly was a panelist during the session “Export Compliance – An Industry Perspective: OEM & Supply Chain Perspectives on Meeting the Technological Challenges of Space.” Jeff White served as chair of the steering committee for the compliance track of programs. Ed Heath spoke on a panel focused on “Government Contracting and Related Compliance Strategies,” which covered topics including anti-bribery laws (such as the Foreign Corrupt Practices Act), government contracting, and cybersecurity requirements.
Joined by Martin Magida, Managing Director of Berkery Noyes, the panel of industry professionals discussed key issues facing businesses as they contemplate and prepare for a sale transaction.
Dan Sullivan and Dana Horton presented “A Defense Attorney’s Perspective for the Fire Investigator” as part of the Connecticut Fire Academy’s 24th Annual Advanced Fire Investigation School on May 1, 2019. The Connecticut Fire Academy, located in Windsor Locks, Connecticut, is a training facility operated under the guidance and administration of the Connecticut Commission on Fire Prevention and Control. The Advanced Fire Investigation School is a multi-week program sponsored by the Connecticut State Police Fire and Explosion Investigation Unit in cooperation with the Connecticut Chapter of the International Association of Arson Investigators. The School focuses on various aspects of fire investigation and litigation associated with those investigations. Dan and Dana presented to a large class of state and local fire marshals and shared their experience with the cross-examination of experts, discussed various grounds on which expert opinions are challenged, and offered advice for preparation and testimony in a fire case.
Lisa Thompson participated in a panel presentation titled “The Complexities of International & Domestic Life Sciences Disputes,” sponsored by the American Arbitration Association, on May 1, 2019 in Philadelphia, PA.
Ray DeMeo discussed "The ALI's Restatement of the Law of Liability Insurance, The World Turned Upside Down?" as a panelist at the University of Connecticut School of Law on April 29, 2019.
Jeannine Jacobson was among the featured faculty speaking during the Defense Research Institute's (DRI) Life, Health, Disability, and ERISA seminar in Chicago, Illinois held April 3-5, 2019. She presented a session and paper on "Conversion, Portability, and Evidence of Insurability." To read the paper developed for this presentation, click HERE.
This paper was developed in conjunction with a presentation made at the Defense Research Institute's "Life, Health, Disability, and ERISA Conference, April 3-5, 2019. To read the paper, click here.
The program covered the rising costs and continuing preference for home health care and hospice companies.
Jeannine Jacobson was among the featured faculty speaking during the Defense Research Institute's (DRI) Life, Health, Disability, and ERISA seminar in Chicago, Illinois held April 3-5, 2019. To read the paper developed for this presentation, click here.