Executive Summary New regulations for pipeline construction, safety and transportation issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), which is an agency of the Department of Transportation (DOT), will become effective October 1, 2015. The hodgepodge of miscellaneous Continue Reading
Federal Circuit Rules Launching a Website or Other Advertising Alone Is Not Service Mark “Use”
Launching a website or other advertising alone is not enough to prove “use” of a service mark. You must actually render the services you claim in connection with your service mark before you file your federal use-based registration application or statement of use. The Federal Circuit has Continue Reading
Employers: Properly Administer Nonqualified Deferred Compensation Plans, or You May Be Held Liable to Participants for Adverse Tax Consequences
An employer’s liability to retirees for “improper” FICA tax withholding illustrates the importance of diligent administration of nonqualified deferred compensation plans. In the recent case of Davidson v. Henkel Corp.,1 a federal district court found an employer, Henkel Corporation Continue Reading
New Jersey Supreme Court: No Statute of Limitations for Private Claims for Contribution Under NJ Spill Act
Following principles of strict statutory construction and refusing to “unsettle a decades-long understanding in this State,” on January 26, 2015, the New Jersey Supreme Court unanimously ruled that there is no statute of limitations for private claims for contribution brought under the New Jersey Continue Reading
Preparing for and Recovering from Winter Storm Juno
Winter storm Juno is expected to hit this evening and last through Wednesday, impacting businesses from the Mid-Atlantic to New England. Millions may be affected by power outages and travel disruptions, and many may suffer property damage because of strong winds, coastal flooding, ice, and heavy Continue Reading
It’s That Time Again! Tax Appeals in Connecticut: Know When to File
The deadline for appealing local property taxes in Connecticut is approaching. If you are considering appealing local property taxes this year, the following is a general explanation of Connecticut’s appeal procedure and deadlines. Real and personal property is assessed as it exists on October 1 Continue Reading
Better SAFE Than Sorry? A New Way to Finance Startups
The game for fledgling companies and their investors is early-round, seed-stage financings, and there’s a new player in town. Already embraced by West Coast venture capitalists and start-ups, SAFEs – Simple Agreements for Future Equity – appear to be headed east and poised to move alongside, and Continue Reading
QSBS Tax Incentives Extended…For Now
What Happened? In the wee hours of December 16th, Congress passed H.R. 5771, the Tax Increase Prevention Act of 2014 (“TIPA”), a stopgap measure that, among other things, retroactively extends certain tax incentives that expired on December 31, 2013. President Obama signed the bill into law on Continue Reading
After New Connecticut Law, Sharing the Road also Means Sharing the Costs
Connecticut has enacted a new law, Public Act 14-67 (the “Act”), that now by statute allocates the costs to maintain, repair, and restore private easements and rights-of-way among certain users of those rights. The Act took effect on October 1, 2014. According to the Act, the owner of a one- Continue Reading
Landlords and Tenants Beware: Option Contracts and the Substantial Compliance Standard
In Pack 2000, Inc. v. Cushman, 311 Conn. 622 (2014), the Connecticut Supreme Court recently applied a “substantial compliance” standard to the exercise of tenant options contained in a lease, including purchase options. According to the Supreme Court, when the exercise of an option is Continue Reading