Labor and Employment Group Partner Britt-Marie Cole-Johnson presented the webinar "The ADA and Workplace Accommodations" for the Clear Law Institute on October 31, 2019. With Americans with Disabilities Act (ADA) compliance failures both commonplace and costly, the presentation discussed how to manage ADA accommodations requests, improve compliance efforts, and avoid legal pitfalls. Some key topics included complying with the interactive process mandate, employee rights under the ADA, how to initiate and implement the interactive process, and what exactly is considered a reasonable accommodation. Recent case law and lessons learned were specifically highlighted to illustrate the discussion. To learn more about the Clear Law Institute, click here.
Health Law Group member Melissa (Lisa) Thompson presented the program "Dispute Resolution in Managed Care and 'Breaking News' on the Just-Released CMS Stark Law and OIG Anti-kickback Proposed Rules - Implications for Managed Care" at the National Institute for Healthcare Leadership (NIHCL) Payor & Market Strategy Forum in Phoenix, Arizona on October 18, 2019. The presentation addressed dispute resolution in managed care, from contract drafting and negotiation through the resolution of the disputes. Lisa also summarized and provided insight into the just-announced proposed regulations from the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG), which are intended to encourage care coordination and value-based care. As an experienced arbitrator and mediator, Lisa provided real-world perspective on the topics.
Melissa (Lisa) Thompson moderated the panel discussion “The Complexities of International & Domestic Life Sciences Disputes,” organized by the American Arbitration Association (AAA) and its international division, the International Centre for Dispute Resolution (ICDR), on October 2, 2019 at Robinson+Cole's Boston office. Lisa also served as Program Chair for the half-day conference, which focused on topics related to the arbitration of pharmaceutical, biotech and medical device disputes. The program featured experienced arbitration practitioners, including members of the AAA-ICDR's Life Sciences panel of arbitrators.
The piece focuses on the various approaches taken towards regulating modular construction, “the process by which buildings are made of individual sections (modules) constructed in an offsite facility and later assembled at the project site.”
Insurance + Reinsurance Group lawyer Jessica A.R. Hamilton co-presented the program "Aggressive Contractors and Assignment of Benefits Challenges" at the Property and Liability Resource Bureau's (PLRB) Eastern Regional Adjusters Conference held in Concord, North Carolina from October 22-23, 2019. The presentation was designed to:
• describe the relationships among insurer, insured, and service providers involved in property restoration following losses;
• review recent trends with building contractors soliciting assignment of benefits with personal and commercial lines property claims;
• evaluate adjuster strategies to confront aggressive maneuvers by contractors and service providers; and
• review the laws in various jurisdictions that govern the assignment of benefits.
The PLRB Conference included discussions on property and casualty claim insurance topics that provide current information on critical issues. It was geared for front-line adjusters, supervisors, and managers from some 100 regionally-focused service providers in a wide array of fields and disciplines. Jessica previously presented this program at the PLRB Central Regional Adjusters Conference in Minneapolis, Minnesota on September 10-11, 2019. Insurance + Reinsurance Group lawyer J. Tyler Butts assisted with the creation of the program.
Real Estate + Development Group member Jerome Garciano presented the program “Inclusive Opportunity Zone Investments for Community Development" at the Social Capital Markets (SOCAP) 2019 conference hosted at San Francisco’s Fort Mason Center for Arts & Culture from October 22-25, 2019. With billions of dollars expected to flow into Opportunity Zones, a critical question is: Who will benefit? Capturing the attention of the U.S. impact investing community over the past two years, Opportunity Zones offer the promise of unlocking transformative capital for low-income communities, but also pose the risk of incentivizing extractive, potentially harmful development.
Jerome’s workshop offered a technical overview of the Opportunity Zone program, including the frameworks and collaborations intended to embed impact investing to address social and environmental challenges. The discussion explored how the program could intersect with inclusive impact investment, and described various initiatives, looking at workforce housing, grassroots social enterprise incubation, and community economic development through locally-owned, qualified opportunity zone businesses. Approximately 60 people attended his presentation.
SOCAP19 hosted more than 150 sessions featuring some 500 speakers from across sectors, issue areas and geographies. Since its founding in 2008, Social Capital Markets has convened more the 30,000 impact investors, social entrepreneurs and innovative cross-sector practitioners in support of its mission to foster the intersection of money and meaning, and increase the flow of capital toward social good.
Data Privacy + Cybersecurity Team member Kathryn Rattigan presented the program "DNA Databases: Powerful and Personal Information - Thinking Through the Privacy Implications and Consequences of Sharing your Genetic Data with Third Parties" at ARMA InfoCon 2019 in Nashville, Tennessee on October 22, 2019. Genetic testing companies can provide consumers with an unprecedented level of access to their personal information as they seek to learn about their ancestral origins, their health predispositions, and whether they are a carrier for certain inherited conditions.
Kathryn’s presentation explored the collection of sensitive data, such as DNA data, and the questions consumers need to consider and risks they must weigh before disclosing that information. She discussed how genetic testing companies might use and disclose DNA data, and how this information can be shared for research, public databases, insurance purposes, and law enforcement or regulatory authority use. The presentation also addressed marketing and analytics, consumers’ rights to access, delete or amend the data collected about them, and the privacy policies of some of the major genetics testing companies, including Helix, Ancestry, and 23andMe.
The three-day ARMA program offered information professionals a broad range of educational sessions, workshops, solutions expos, and networking opportunities to help benefit their careers, empower their organizations and advance the profession.
The article covers how climate change is “rapidly becoming a lightning rod of legal exposure for the design community” and explores the impact this phenomenon is having on the way engineers practice as well as the standards by which they are judged.
Business Litigation Group lawyer Ian Clarke-Fisher and Labor + Employment Group lawyer Matt Miklave presented the Lawline course “What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants,” which attracted more than 140 live viewers on October 4, 2019. The legal landscape governing the drafting and enforcement of restrictive covenants (confidentiality, non-compete and non-solicitation provisions) has changed significantly in a short period of time. The program gave practitioners and business lawyers an overview of recent developments in the area and practical approaches to protecting valuable company assets. The program reviewed the fundamental underpinnings of such provisions and pre-requisites for enforcement, and highlight recent case law addressing issues such as forum selection, choice of law provisions, jurisdiction, arbitration, the blue pencil doctrine, and other recently litigated defenses. It also included updates on the impact and legal considerations of various state statutes, ERISA, and the Defend Trade Secrets Act, as well as strategic best practices and recent trends from the employer’s perspective.
Business Litigation Group lawyer Ian Clarke-Fisher and Labor + Employment Group lawyer Matt Miklave presented the Lawline course “What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants,” which attracted more than 140 live viewers on October 4, 2019. The legal landscape governing the drafting and enforcement of restrictive covenants (confidentiality, non-compete and non-solicitation provisions) has changed significantly in a short period of time. The program gave practitioners and business lawyers an overview of recent developments in the area and practical approaches to protecting valuable company assets. The program reviewed the fundamental underpinnings of such provisions and pre-requisites for enforcement, and highlight recent case law addressing issues such as forum selection, choice of law provisions, jurisdiction, arbitration, the blue pencil doctrine, and other recently litigated defenses. It also included updates on the impact and legal considerations of various state statutes, ERISA, and the Defend Trade Secrets Act, as well as strategic best practices and recent trends from the employer’s perspective.
The feature article explains how municipalities can effectively avoid and defend against RLUIPA claims. In particular, it provides an overview of regulation of religious land use, examines claims made against municipalities under RLUIPA, describes RLUIPA’s safe harbor provision, and offers guidance on counseling municipal officials on RLUIPA’s requirements.
The article covers the March 2019 decision from the United States District Court for the Southern District of New York granting an insurer’s motion for summary judgment in a case arising from Superstorm Sandy based on unambiguous policy language providing a significantly lower limit of liability for losses resulting from flood damage. “The decision demonstrates how unambiguous policy language may literally make a billion dollar difference in coverage.”
Labor + Employment Group lawyer Britt-Marie K. Cole-Johnson presented at the 2019 HR Professional Development Summit & Law Symposium at the University of Connecticut in Stamford, Connecticut on September 19, 2019. Britt-Marie presented the program "Pitfalls v. Benefits of Using Social Media in the Hiring Process." Attendees engaged in lively discussions and shared their knowledge and input on this important HR topic.
The two-day summit was hosted by the Southern Connecticut Chapter of the Society for Human Resource Management (SHRM) and attracted HR practitioners at all levels from throughout the Fairfield County and New York metro areas. The event included an array of HR topics focused on emerging trends and ideas, best practices, relevant approaches to HR management, and workplace law. The Southern Connecticut Chapter of SHRM promotes thought leadership and the professionalism of the Human Resource Management field by offering members a wide variety of professional development opportunities and a common forum in which to share ideas, experiences and best practices.
Business Litigation Group counsel Kevin Daly presented at the “Compliance and Enforcement: Are Your Internal Practices Up To Date?” program hosted in Darien, CT on September 12, 2019 by the Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel. Kevin presented on export control compliance and avoidance of trade sanctions, which addressed the basic requirements of the relevant laws, areas of recent enforcement focus, and elements of a successful compliance program. The half-day seminar was attended by more than 50 in-house lawyers.
Labor + Employment Group lawyer Abby M. Warren presented at the 2019 HR Professional Development Summit & Law Symposium at the University of Connecticut in Stamford, Connecticut on September 19, 2019. She presented the program "Can I Work From Home?- Managing the New Wave of Employees." Attendees engaged in lively discussions and shared their knowledge and input on this important HR topic.
The two-day summit was hosted by the Southern Connecticut Chapter of the Society for Human Resource Management (SHRM) and attracted HR practitioners at all levels from throughout the Fairfield County and New York metro areas. The event included an array of HR topics focused on emerging trends and ideas, best practices, relevant approaches to HR management, and workplace law. The Southern Connecticut Chapter of SHRM promotes thought leadership and the professionalism of the Human Resource Management field by offering members a wide variety of professional development opportunities and a common forum in which to share ideas, experiences and best practices.
Labor + Employment Group lawyers Britt-Marie K. Cole-Johnson and Abby M. Warren co-presented the breakout session "Retaliation-Proofing Your Investigation" at the Association of Workplace Investigators (AWI) 2019 Annual Conference in Marina Del Rey, California on September 27, 2019.
Their presentation focused on retaliation, the many forms it can take, and strategies for preserving the integrity of a workplace investigation in such circumstances. It addressed specific questions such as, What happens when a witness conducts her own side investigation? What about when a supervisor says to a witness before his interview, “I'd really appreciate it if you support me in this investigation.”? What about direct retaliation? If the conduct has happened before or during the investigation, how can the investigator preserve the integrity of the investigation? The attendees responded to a number of hypothetical scenarios and there was lively group discussion revolving around retaliation issues in the workplace.
Britt-Marie is a member of AWI’s Board of Directors and began serving a second two-year term on September 26, 2019. The Association’s mission is to promote and enhance the quality of impartial workplace investigations.
The article focuses on the recent final rule issued by the Occupational Safety and Health Administration (OSHA), which approves two additional quantitative fit testing protocols for inclusion in appendix A of the Respiratory Protection Standard. “Both protocols are variations of the original OSHA-approved ambient aerosol [condensation nuclei counter ] CNC protocol, but have fewer test exercises, shorter exercise duration, and a more streamlined sampling sequence.”
Business Litigation Group Chair Ed Heath presented at the “Compliance and Enforcement: Are Your Internal Practices Up To Date?” program hosted in Darien, CT on September 12, 2019 by the Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel. Ed's presentation focused on international anti-corruption/FCPA compliance and related government enforcement, and addressed the basic requirements of the relevant laws, areas of recent enforcement focus, and elements of a successful compliance program. The half-day seminar was attended by more than 50 in-house lawyers.
Data Privacy + Cybersecurity Team Chair Linn Freedman was among the panelists who spoke at the program "Protect your Business from Cybersecurity Threats,” sponsored by the North Kingstown and Newport Chambers of Commerce at the Quonset defense industry development site in Quonset, Rhode Island on September 12, 2019. As the costs of cybercrime continue to rise dramatically each year – projected to soar above $3 billion in 2019 – the panel looked at the complex, multi-faceted issue from a number of perspectives. The panel was moderated by the head of the Cyber Task Force of the Rhode Island State Police and included representatives with a broad range of experience, including: forensic accounting; network cybersecurity compliance; cybersecurity innovation in defense industry-related technology; the evolving landscape of cybersecurity law; cyber risk-related insurance; and academia focused on politics, policies and information security analysis and strategies.
Data Privacy + Cybersecurity Team lawyer Linn Freedman presented at the IRS Nationwide Tax Forum held in Washington D.C. from July 9-11, 2019. She spoke on the topic of “Cybersecurity for Tax Professionals.” Linn’s presentation highlighted the fact that tax professionals are prime targets for cybercrime because they have valuable client information, including detailed personal and financial information such as bank and investment accounts, Social Security numbers, W-2s and tax returns. She emphasized the critical importance of security measures and cyber hygiene to minimize a tax professional’s business against a cyber attack.
Linn’s presentation focused on a number of key issues for tax professionals to address, including:
Data Privacy + Cybersecurity Team lawyer Linn Freedman presented at the IRS Nationwide Tax Forum held in New Orleans, LA, August 6-8, 2019. She spoke on the topic of “Cybersecurity for Tax Professionals.” Linn’s presentation highlighted the fact that tax professionals are prime targets for cybercrime because they have valuable client information, including detailed personal and financial information such as bank and investment accounts, Social Security numbers, W-2s and tax returns. She emphasized the critical importance of security measures and cyber hygiene to minimize a tax professional’s business against a cyber attack.
Linn’s presentation focused on a number of key issues for tax professionals to address, including:
Ms. Scungio was among the panelists who shared case studies and strategies for brand owners when faced with a claim of fair use as a defense, and for asserting the defense persuasively.
Real Estate + Development Group lawyer Jerome Garciano moderated a luncheon panel discussion on “Innovative Building Methods and Modular Construction” at Robinson+Cole’s Boston office on September 10, 2019. The panel was presented by the Boston Harvard Real Estate Alumni Organization as part of its Innovation in Real Estate series. Panelists included experienced affordable housing developer Bart Mitchell, President & CEO of The Community Builders, the country's largest nonprofit developer of mixed-income housing, and Peter LaBonte, founder of Advanced Building Solutions, a startup focused on off-site construction. They addressed the rapid innovation and expanded use of off-site construction across the real estate industry among other topics. Following their remarks, Jerome led a discussion that explored the broader benefit of off-site construction in the real estate industry as well as in affordable housing.
Business Litigation Group lawyer Thomas Donlon authored the article “The DO NOTS of Oral Argument,” published in the July 2019 issue of Minority Trial Lawyer. A publication of the American Bar Association (ABA) Section of Litigation, the newsletter is intended to be a resource for litigation and business development strategies for lawyers from various minority groups.
The article highlighted five rules to observe for trial lawyers who are venturing into appellate courts. “There is a real ‘preaching to the choir’ aspect to much of the professional education about appellate advocacy,” Tom writes in the introduction to the article’s main points. “The judges are often talking not to trial lawyers but rather to attorneys who regularly appear in appellate courts: those who claim to be – or aspire to be – appellate ‘specialists.’ For many reasons – some economic, some procedural – the attorneys who actually end up handling appeals, however, are trial lawyers. Their focus is the drudgery of discovery and, hopefully, the elation of a courtroom victory.” To read a copy of the full article, click here.
Construction Group lawyer Ken Sherman presented the program “Contract Law Primer for Engineers” as part of the Engineering Law and Ethics Seminar in Manchester, New Hampshire on September, 5, 2019. Ken’s presentation addressed areas such as the necessary elements of a contract, understanding contract "legalese," liability-shifting contract provisions, making changes to contracts, and other related subjects. Other presentations offered during the seminar included “Professional Liability Law,” “Professional and General Liability Insurance for Engineers,” and “Handling Ethical Issues in Professional Engineering Practice.” The full-day public event was sponsored by HalfMoon Education, Inc., a nonprofit continuing education provider, and offered seven Professional Development Hour (PDH) credits for professional engineers.
The presentation focused on the new American Land Title Association (ALTA) Title Policy revisions, particularly, important changes to the loan title policies, American College of Mortgage Attorneys (ACMA) changes that did not make the cut, and notable changes to owner title policies.
The piece focuses on the Occupational Safety and Health Act’s (OSHA) fall protection standard for construction, the most cited OSHA violation in the country, which in some recent years, has accounted for more than one-third of workplace deaths. The article covers fall protection requirements, including training; recent notable citations; multi-employer worksite policy; and offers standard fall protection tips.
The panel addressed a broad range of topics, including Connecticut’s new mortgage lending laws, the latest developments in the state’s foreclosure laws, emerging industry trends, crumbling foundations, issues of concern to the Department of Banking, insights into the 2019 legislative session, and more.
Insurance + Reinsurance Group lawyer Dana M. Horton wrote the chapter “Discovery from Out of State and Foreign Nonparty Witnesses” in the recently published two-volume set A Practical Guide to Discovery and Depositions in Rhode Island. The 33-chapter manual is described as a go-to resource for experienced litigators and beginning lawyers alike for creating a discovery plan, drafting effective interrogatories and requests for production, conducting depositions, and taking on other challenges in modern-day discovery practice. Both the complete, updated 2019 guide as well as individual chapters - including downloadable, individual checklists and forms - are available for purchase here.
Insurance + Reinsurance lawyer Gene Murphy presented on “Business Interruption Issues Arising from Catastrophes” at the first annual Florida Insurance Network Symposium in Tampa, hosted by the Florida Defense Lawyers Association on August 16, 2019. The conference, which welcomed approximately 100 attendees, addressed various insurance coverage and bad faith issues, with panels consisting of attorneys, claims professionals, engineers, and forensic accountants.
Insurance + Reinsurance lawyer Gene Murphy presented on “Business Interruption Issues Arising from Catastrophes” at the first annual Florida Insurance Network Symposium in Tampa, hosted by the Florida Defense Lawyers Association on August 16, 2019. The conference addressed various insurance coverage and bad faith issues, with panels consisting of attorneys, claims professionals, engineers, and forensic accountants, and had approximately 100 attendees.
Real Estate + Development Group lawyer Michele Maresca moderated the program "Opportunity Zones: The Many Perspectives on the Land of OZ" at the 2019 New England Conference and Deal Making, which was presented by the International Council of Shopping Centers (ICSC) in Boston, MA from July 15-17, 2019. The panel discussion addressed key questions from the perspectives of a developer, real estate investor, and local municipality, including:
• What are Opportunity Zones?
• How did they come to be?
• Where are they?
• How do they work, and
• What are the issues surrounding them?
The conference provided opportunities to connect, learn and road test ideas with other professionals, gain information about the most current industry issues, and meet and make deals with colleagues and retailers doing business in the same region. Michele is part of the ICSC's State Volunteer Leadership in Connecticut and a member of the 2019 Program Planning Committee. Robinson+Cole was a member-hosted Reception sponsor.
The piece examines a new dispute involving the practice of underpinning in New York, a method used by developers to reinforce and stabilize a foundation and enable it to withstand heavier weights above ground. “Despite the strict liability imposed on a developer, until recently Appellate Division precedent indicated that a statute commonly used to compel licensed access to neighboring properties could not be used to compel a neighbor’s consent to underpinning. A new dispute has prompted the Supreme Court to give a much-needed fresh, new look at the case law and relevant statutory and regulatory framework. But whether this new Supreme Court decision serves as a victory for every developer is now a new question.”
Real Estate + Development Group lawyer Michele Maresca moderated the program "Opportunity Zones: The Many Perspectives on the Land of OZ" at the 2019 New England Conference and Deal Making, which was presented by the International Council of Shopping Centers (ICSC) in Boston, MA from July 15-17, 2019. The panel discussion addressed key questions from the perspectives of a developer, real estate investor, and local municipality, including:
The conference provided opportunities to connect, learn and road test ideas with other professionals, gain information about the most current industry issues, and meet and make deals with colleagues and retailers doing business in the same region. Michele is part of the ICSC's State Volunteer Leadership in Connecticut and a member of the 2019 Program Planning Committee. Robinson+Cole was a member-hosted Reception sponsor.