Panelists included governmental entity in-house counsel, governmental entity outside counsel, and developers' counsel who have worked on ground leases of government-owned real estate. This CLE provided attendees with insight into the most common issues encountered when leasing government-owned real estate, and outlined effective ways to navigate through them.
The article examines the recent G4S Technology LLC v. Mass. Technology Park Corp. case, a dispute that arose out of a $45 million public works project to bring a 1,200-mile fiber optic network into western Massachusetts, as it pertains to the 112-year-old Massachusetts’ Forfeiture Rule. The article notes that “[I]f G4S is successful in convincing the High Court to soften the current Forfeiture Rule for contract actions based upon intentional conduct, it may likewise be argued that by extension, the consequences of a design professional’s unintentional conduct should similarly be softened to reflect a 21st century viewpoint.”
Ms. Porter offered tips for selecting vendors, conducting due diligence, and negotiating privacy and data security issues in commercial contracts and technology transactions. She also covered the effect of the European Union’s new General Data Protection Regulation (GDPR) on the cybersecurity and privacy practices of companies, vendors, and business partners.
The CLE seminar focused on the nuts and bolts of the law and practice of trade secret law, including Connecticut law and the Uniform Trade Secrets Act. The program also covered how trade secret law impacts other practice areas, including employment, civil procedure, bankruptcy, and commercial law as well as the new federal law of trade secrets created by the Defend Trade Secrets Act.
The panel focused on the Grand Jury process, including rules surrounding Grand Jury secrecy; differentiating Grand Jury Subpoena compliance from traditional civil discovery, the potential criminal implications involved in the underlying charges, as well as potential pitfalls in compliance; and covered the compliance process, including the initial conversation with the prosecutor, the production of documents, and witness interviews.
Ms. Porter was among the presenters that participated in the session as part of the State Capital Group (SCG) Legal’s 2018 Midyear Meeting in London, England from June 7 to June 8, 2018. The session focused on the impact of the General Data Protection Regulation (GDPR), which recently replaced the European Union’s venerable Data Protection Directive. The program examined some key issues the GDPR raises for the global marketplace, including when GDPR is relevant to clients, trends in transactions relating to privacy as a result of GDPR, and what’s next for global privacy.
The Practice Note offers strategies and procedure for obtaining dismissal of constitutional claims that are ancillary to an inverse condemnation, or regulatory takings, claim. The Note describes the application of the Williamson County ripeness requirements to related constitutional claims, including procedural due process, substantive due process, and equal protection claims. It all discusses a takings claim's potentially preclusive effect on related claims that are coextensive with, and subsumed by, the takings remedy.
During the program, Mr. Leichsenring addressed a number of potential traps for the unwary business owner, including unforeseen nexus-creating activities, the evolving obligations of out-of-state retailers, and the liabilities created through the use of a remote and/or traveling workforce.
The Practice Note provides considerations to government counsel on asserting the ripeness defense in Fifth Amendment takings or inverse condemnation claims. The Note discusses the Williamson County exhaustion and finality requirements, the futility exception, and procedural aspects of asserting the defense in a motion to dismiss and a motion for summary judgment.
The program outlined the most recent cybersecurity risks, frauds, and intrusions in the industry; how to identify, contain, mitigate, and determine legal requirements related to these incidents; and how those involved internally in organizations can work together to put measures in place to protect their organization. Ms. Freedman covered resources available to assist organizations in staying up to date on the most recent cyber risks and building public-private relationships with law enforcement.
Presented by Strafford, the live CLE webinar prepared defense counsel to evaluate whether and how to pursue discovery of absent class members in class litigation. Mr. Ackerman was among the panelists that covered the courts’ varying positions on permitting absent class member discovery, when to request discovery from putative class members, the type of discovery to request, how many absent class members to seek out for discovery, and strategies to leverage evidence obtained during certification, settlement, and trial.
Ms. Freedman offered practical information and tools to identify high risk data in organizations; map data; and apportion risk based upon particular data collected, maintained, used and disclosed in organizations. She also covered laws that apply to security incidents and data breaches and shared pre-litigation tips as well as data privacy and security insight.
In this presentation, Richard Fil was among a panel of industry leaders who recommended several best practices and business strategies that companies should consider as part of their spill response preparation process beyond the mandatory Spill Prevention, Control, and Countermeasure (SPCC) requirements. In order to promote business continuity, improve community and government relationships, and enhance response efforts, Mr. Fil emphasized the importance of creating a strategic communications process as part of a company’s spill response plan.
The live audio call-in program was presented by the American Bar Association (ABA) Section of Litigation Class Actions and Derivative Suits & Alternative Dispute Resolution Committees. Mediation is an increasingly popular alternative dispute resolution mechanism, and class actions are no exception. However, they involve different considerations than a typical mediation. The one-hour, roundtable discussion featured experienced practitioners who offered strategies, tips, and suggestions on how to effectively mediate a class action.
The keynote presentation, featuring Mr. Bernstein, discussed how courts have interpreted attorney client and work product privileges, when the privileges many not apply, and best practices.
The 90-minute CLE seminar was hosted by the Massachusetts Bar Association and featured a discussion on the use of drones in the health care sector. Specific topics included:
The panel discussed "blockchain for business" including what blockchain technology is truly capable of and how to take full advantage of it. Panelists explained the differences between blockchain and digital currency as we currently understand it, and explored whether we might be looking at the dawn of an entirely new internet.
Ms. Cole-Johnson presented an interactive session that educated attendees about the practicalities of sustaining an active, engaged and productive workforce. Acknowledging that supervisors have extensive, day-to-day, direct interaction with employees, and the key role they play in monitoring daily activity, the program explored the following questions:
The program described the regulatory framework for the use of drones as well as some commercial uses for drones in the development context. Ms. Wright also discussed necessary or recommended considerations when your project includes the use of drones, including contractual provisions, and what the future of drone use and its regulation may be.
Ms. Scott discussed transactional considerations and state-level regulation of PFAS in drinking water and other environmental media, and Mr. Ray discussed litigation considerations. The program, sponsored by the Massachusetts Chemistry & Technology Alliance, included presentations by a wide range of technical experts on topics including: an introduction to PFAS; alternative chemistries; hazards and risks; pathways and mitigation; and detection and sampling of PFAS in the environment.
The full-day, interactive program introduced participants to the theory and the practical skills necessary to conduct impartial investigations of allegations of employee misconduct. Attendees learned how to: ask effective questions, interview reluctant witnesses, obtain relevant evidence, assess credibility, and arrive at a legally defensible decision. They were also instructed in how to prepare and utilize all of the necessary documentation during the investigative process. Ms. Cole-Johnson and Ms. Kushel are both AWI Certificate Holders and Ms. Cole-Johnson serves on the Board of Directors of AWI. AWI's membership of more than 800 professionals from across the United States, Canada, and Australia consists of lawyers, human resource professionals, and private investigators who conduct, manage, or have a professional interest in workplace investigations.
In this presentation by Environmental, Energy + Telecommunications Group lawyers James P. Ray and Emilee Mooney Scott, Ms. Scott discussed transactional considerations and state-level regulation of PFAS in drinking water and other environmental media, and Mr. Ray discussed litigation considerations. The program, sponsored by the Massachusetts Chemistry & Technology Alliance, included presentations by a wide variety of technical experts on topics including an introduction to PFAS; alternative chemistries; hazards and risks; pathways and mitigation; and detection and sampling of PFAS in the environment.
Hosted by myLawCLE, the live broadcast discussed how drones can collect valuable data and increase productivity, safety, and efficiency across all industries. Ms. Rattigan covered the Federal Aviation Administration’s (FAA) Part 107 regulations, waivers, the FAA “DroneZone” and the FAA’s LAANC portal. She also discussed enforcement at both the state and federal level, voluntary best privacy and security practices, and how clients can comply with these regulations and practices as they put drones to use.
The 90-minute web conference, hosted by the Society of Corporate Compliance and Ethics (SCCE), focused on the risks associated with employing foreign nationals directly or receiving their services through contractors, including highlighting potential work authorization and export control issues. Ms. Naughton and Ms. Sigg reviewed the Form I-9 requirements, discussed trends in government audits/compliance - including site visits and government inquiries - and provided best practices to follow when faced with a government request.
Mr. Sullivan and Ms. Vennos presented on “The Role of the Defense Attorney – Thoughts on Cross Examination of a Fire Expert” to a large class of state and local fire marshals as part of the Academy’s multi-week training session on various aspects of fire investigation and litigation associated with those investigations. They shared their experience about the cross-examination of experts, discussed various grounds on which expert opinions are challenged, and offered their advice for preparation and testimony in a fire case.
Ms. Cole-Johnson served as a faculty member at the Association of Workplace Investigators (AWI) Training Institute for Workplace Investigators. The Institute consists of intensive training on the core knowledge and skills required to conduct impartial workplace investigations. The 70 students, all internal and external impartial workplace investigators from across the United States, Canada, Australia, and New Zealand, participated in four days of training and a day of testing. Those individuals who passed the tests received an AWI Institute Certificate.
The CLE webinar examined new challenges facing class counsel in certifying a nationwide class, following the Ninth Circuit’s decision in In Re Hyundai and Kia Fuel Econ. Litig., which vacated and remanded a district court order certifying a nationwide settlement class. The decision significantly impacts the framework for presenting nationwide and consumer protection class action settlements. The panel looked at the scope and impact of the decision and discussed best practices for counsel to challenge or overcome nationwide class certification challenges. Post-Hyundai, class counsel should prepare for district courts to carefully scrutinize whether the predominance and superiority requirements of Rule 23(b)(3) are satisfied, even where certification is not opposed. Additionally, Hyundai strengthens a defense counsel’s position challenging certification under Rule 23(b)(3). The panel also discussed the implications of the decision for parties seeking to settle state law disputes nationwide on a class-wide basis.
Ms. Porter was among the panelists that participated in a lunch & learn program that covered the most significant developments in data privacy, including Facebook and Cambridge Analytica developments, how to prepare for General Data Protection Regulation (GDPR,) and expectations for the legal industry in 2018.
Ms. Palmer covered “Leases & Other Non-Traditional Financings” and “IRS Issues & Enforcement” as part of the 2018 Fundamentals of Municipal Bond Law Seminar, which had more than 250 public finance professionals in attendance. The National Association of Bond Lawyers is the preeminent association and training group for public finance lawyers. The association promotes the integrity of the municipal market, educating its members and advancing the understanding of, and compliance with, the law affecting public finance.
The program reviewed the basic principles of ground leasing, including the purpose and functionality of Ground Leases, the important concepts that Ground Landlords and Ground Tenants should focus on when negotiating them, and the key provisions that lenders look for and require when providing financing for Ground Lease transactions.
Mr. Hug was among the panelists in a panel that included academics, judges, and practitioners from Connecticut as well as states that have adopted unsupervised probate. From their diverse perspectives, the panelists examined the pros and cons of giving beneficiaries the ability to opt out of a court-supervised estate settlement. They also considered the experiences of states that have adopted some form of unsupervised probate in the settlement of decedents’ estates.
Presented by the Property & Liability Resource Bureau, Mr. Dwyer focused on the construction methods, types and functions of various foundations; the evaluation of foundation failures, including crack patterns and possible contributing causes; identifying the timing of foundation failure; and analysis of recurring coverage issues with foundation losses under standard commercial property and homeowners policy language. He co-presented with James Panko, a Professional Engineer, who focused on the challenging technical and engineering issues frequently involved in foundation failures and the insurance claims that result.
Ms. Scheib participated as one of three panelists on a panel that discussed best practices around selection, clearance, use, and enforcement of trademarks. Ms. Scheib, in particular, offered insight on recent legal decisions that are either changing or significantly impacting the rules for protecting and enforcing trademarks.
The article notes that: “Employers in the United States increasingly seek to hire foreign nationals, as they possess unique perspectives and diverse backgrounds, and often have international experience, making them uniquely qualified for a particular position. The hiring process for foreign nationals, however, is different than the hiring process for US citizens.” In the article, Mr. Mirer and Ms. Shanley give a brief overview of some of the most widely used work-authorized categories, as well as their timing and other implications.
Presented by the Defense Research Institute (DRI), the annual seminar focuses on the latest trends and developments in life, health, disability and ERISA law. Mr. Begos addressed the practical implications of the new Department of Labor (DOL) disability claim regulations for claim practices, which took effect on April 1, 2018, and their likely effects on litigation.
The article covers the expected streamlining of the purchase, sale, and financing of real estate transactions as a result of dramatic advancements in technology over the last 25 years. “Of late, consumers are increasingly demanding greater convenience, and lenders are increasingly assessing the benefits that they may enjoy from fully electronic closings.”
The article discusses the question of when and under what circumstances a policyholder is entitled to interim payments of “undisputed” amounts from an insurer. Mr. Sullivan indicates that the answer will depend on the circumstances of the claim, examination of applicable policy language, and research into case decisions, state statutes, and applicable insurance department regulations. “Notwithstanding, prompt payment of undisputed amounts by a carrier is very often the most practical and preferred approach,” said Mr. Sullivan. “At a minimum, timely payment of undisputed amounts assists a carrier in its defense of any bad faith claims.”
The book provides practical insight and guidance to help legal counsel for state, tribal, and local governments, as well as businesses and citizens to protect lives, property, public safety, and the public welfare. Mr. Merriam’s chapter is found in the second part of the book, which focuses on “Building Physical and Financial Resilience.” He covers early considerations, risk evaluation, determination and prioritization of alternatives, and implementation of the hazard mitigation planning process.
Attendees were lead through an interactive discussion on depositions of insurance company witnesses, with a focus on claim professionals and corporate designees. Mr. Butts, Mr. Dwyer, and Ms. Vennos covered avoiding an inadvertent waiver of the attorney-client or work product privileges when decision-makers are deposed in coverage or bad faith actions; key differences between federal and state practice regarding the designation and deposition of a corporate designee/representative; the potential consequences of designating the wrong person to testify on behalf of the company, the ability to amend prior testimony, and the rules governing the use of corporate designee testimony at trial; and ethical considerations of witness preparation.
The presentation is the second in the “Insurance In-House Counsel CLE Series” that offers continuing legal education (CLE) and networking catered exclusively to in-house counsel and attorney claim professionals in the insurance industry.
The webinar covered the central issues associated with business interruption claims arising from catastrophes such as Hurricanes Harvey, Irma, and Maria. Mr. Ackerman, Mr. Murphy, and Mr. Sullivan discussed period of restoration issues, separating covered vs. uncovered losses, loss measurement issues, contingent business interruption coverage, utility service interruption coverage, and civil authority coverage.