Diserio Martin O'Connor & Castiglioni LLP

RFR Realty 5K Run/Walk Supporting the Boys & Girls Club of Stamford

Thu, 17 May 2012 -0400

DMOC is a proud sponsor of this event. For more information about the Boys & Girls Club of Stamford, please click here.

Matthew C. Wagner Quoted in Article About the Possibility of a USPTO Satellite Office in Hartford

Mon, 07 May 2012 -0400

On May 7, 2012, Matthew C. Wagner, Partner and Chair of Diserio Martin’s Intellectual Property Department, was quoted in an article in the Connecticut Law Tribune titled, “Patent Office Pending?”, which discussed the viability of a USPTO satellite office opening in Hartford. According to the article, federal officials intend to open several USPTO satellite offices around the country over the next few years. A satellite office is already scheduled to open later this year in Detroit; the federal agency is in the early consideration stages for “at least two more satellite offices” in the next three years, according to an agency official.

“I think that would be a great idea,” Mr. Wagner said of the possibility of a satellite office in Hartford. “Not only would it provide additional jobs in the area but I think it would heighten awareness in the commercial and legal community around intellectual property.” Mr. Wagner added: “There is a convenience factor of having the (satellite) office available for phone calls and to visit physically if you ever needed to do that. If they do have arguments there, that would be terrific instead of going down to D.C.”

Read the full article here.

DMOC Attorney Chairs Seminar on Mediation of Insurance Coverage Disputes

Mon, 19 Mar 2012 -0400

On March 19, 2012, Diserio Martin O’Connor & Castiglioni LLP attorney Jonathan J. Kelson will chair a seminar entitled “Mediating Insurance Coverage Disputes” at the CBA Law Center in New Britain, Connecticut. Through panel discussion, case study, and audience participation, the seminar will explore the benefits of the mediation process to insurance coverage disputes as well as the dynamic between and among the mediator and policyholder/insurer counsel and key strategic/practical considerations from each perspective for effective and efficient resolution. The speakers include two experienced attorneys and a retired Superior Court judge.

The seminar is approved for 2 hours of CLE credit (skills), and is presented by the Young Lawyers Section (YLS) of the Connecticut Bar Association. Mr. Kelson is a member of the Executive Committee of the YLS, and currently serves as Co-Chair of the Insurance Law Committee and Chair of the YLS Stamford Local Unit.

When: Monday, March 19, 2012, 6-8:00 p.m.

Where: CBA Law Center, New Britain, CT

Please click the following link for registration information: Register Now.

DMOC Attorneys to Present Seminar on Trademark and Copyright Law

Tue, 06 Mar 2012 -0500

On March 6, 2012, Diserio Martin O’Connor & Castiglioni LLP attorneys Matthew Wagner and Jonathan Longobardi will present a seminar entitled “Trademarks and Copyright: Protection, Enforcement, Licensing and Exploitation, with Preservation of Evidence” at Pace Law School in White Plains, New York. The seminar will provide a primer on some basics and more detailed applications of intellectual property law for litigators, commercial and transactional attorneys and in-house counsel. The course will discuss the foundational elements of trademarks and copyrights, including when a trademark or work of original expression is protectable and why Federal registration is important. Mr. Wagner and Mr. Longobardi will provide an overview of Trademark Office practice and procedure, including the application process, cancellations and oppositions. They will then explore the various ways infringement can occur and how IP owners can police unauthorized uses of their trademarks and copyrights, as applied to online, print media, publishing and physical goods. Also included will be an overview and instruction on preservation of evidence, electronically stored information, and application of document retention policies, after notice of a dispute or institution of litigation. Included in this topic will be a discussion of the Digital Millennium Copyright Act and its Notice and Take Down procedures, Uniform Domain Name Procedure dispute resolution, and counterfeiting. Lastly, they will review a typical website development agreement and intellectual property license agreement, and discuss key aspects of negotiation and drafting. Please click the following link for registration information: Register Now.

The seminar is approved for 2.5 hours of CLE credit (transitional/non-transitional skills).

When: Tuesday, March 6, 2012, 6-8:30 p.m.

Where: Pace Law School-Moot Court Room, Law Library - White Plains, NY

Instructors: Matthew Wagner, Esq., Partner and Chair of the Intellectual Property Department, Diserio Martin O'Connor & Castiglioni LLP

Jonathan Longobardi, Esq., Associate, Diserio Martin O'Connor & Castiglioni LLP

Controversial NLRB Rule Being Challenged

Wed, 22 Feb 2012 -0500

On August 25, 2011, the National Labor Relations Board ("NLRB") issued a final rule requiring employers covered by the National Labor Relations Act ("NLRA") (virtually all employees) to post a written notice informing employees of their rights under the NLRA. The NLRB has received more than 7,000 comments to the proposed rule, most of which question the ability of the NLRB to enact a rule with such broad implications for so many employers. In issuing the final rule, the NLRB stated that its greatest concern was that, except in very limited circumstances, there is no obligation for employers to inform employees about their rights to unionize.

The notice, which must be posted in a conspicuous place, is available on the NLRB's website. The rule requires employers to notify their employees that under the NLRA employees have the right to organize a union to negotiate with their employer concerning wages, hours and other terms and conditions of employment. The notice must also inform the employees that they have the right to form, join or assist a union, bargain collectively through a union representative, discuss forming a union with other employees, strike and picket (depending on the purpose or means of the strike or picketing) and take action with other employees to improve working conditions by raising work-related complaints directly with the employer or with a government agency or by seeking help from a union.

The notice must further inform employees that it is illegal for an employer to prohibit them from talking about or soliciting for a union with other employees during non-work time, question an employee about his or her union support in a manner which discourages joining a union, fire, demote, transfer, or take other adverse action against an employee (or threaten these actions) because of the employee's participation in a union, threaten to close the workplace if the workers choose to form a union, spy on or videotape peaceful union activities or promise benefits to discourage union support.

The rule, originally scheduled to go into effect on November 14, 2011, has had its effective date postponed until April 30, 2012. The rule is being challenged in court by the National Association of Manufacturers and the National Right to Work Legal Defense and Education Foundation which have argued that the NLRB has no statutory authority to promulgate such a rule.

In this new environment, it will be crucial for employers, large and small, to understand their newly defined legal obligations in order to ensure a productive workforce and effectively manage their legal risk. Please contact Scott Centrella, head of our employment litigation group, for more detailed information.

This publication is a service to our clients and friends. It is designed only to give general information on the development actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice or render a legal opinion.

DMOC Attorneys Named to Super Lawyers & Rising Stars Lists

Fri, 17 Feb 2012 -0500

Richard E. Castiglioni, founding partner of the law firm Diserio Martin O’Connor & Castiglioni LLP and Jonathan P. Whitcomb, a partner at the firm, both New Canaan residents, have been named to the Connecticut Super Lawyers list as two of the top attorneys in Connecticut for 2011/2012. Mr. Castiglioni was cited for his work in the areas of general litigation, civil litigation defense, and family law. Mr. Whitcomb was cited for his work in the areas of civil litigation defense and insurance coverage. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.

Jonathan J. Kelson, a Norwalk resident and associate at the firm has been named to the Connecticut Super Lawyers’ Rising Stars list as one of the top up-and-coming attorneys in Connecticut for 2011/2012. He was cited for his work in the area of business litigation. No more than 2.5 percent of the lawyers in the state are selected to the list.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, a peer review by practice area, and a good-standing and disciplinary check. Its Rising Stars program recognizes the top up-and-coming attorneys who are 40 years old or younger, or who have been practicing for 10 years or less, and candidates do not go through the process of peer evaluation by practice area.

The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. The list of attorneys selected to Connecticut Super Lawyers appears in the November 2011 issue of New England Super Lawyers magazine, and the special section appearing in the February 2012 issue of Connecticut Magazine. For more information about Super Lawyers, go to www.superlawyers.com.

Practicing since 1977, Mr. Castiglioni is the Chair of the firm’s Litigation Department. He practices in the areas of civil litigation and arbitration in the areas of employment, real estate, contracts, commercial litigation and individual disputes, including complex family matters. He also serves as an arbitrator and mediator on various commercial, construction, securities and employment panels. He recently joined The Bank of New Canaan as a member of its Board of Directors. Mr. Castiglioni is licensed to practice in Connecticut, New York, Florida, and the District of Columbia.

Mr. Whitcomb has been practicing since 1990. His diverse litigation practice includes civil litigation defense, product liability and professional liability, securities and shareholder litigation, antitrust, and complex and catastrophic personal injury. He has significant experience in complex insurance coverage matters, and in assisting companies in structuring their insurance programs. His general corporate practice includes business advisory, crisis and risk management, general employment, corporate governance and investigations, and outside general counsel services. Mr. Whitcomb is licensed to practice in Connecticut and New York.

Mr. Kelson practices in the areas of commercial litigation and intellectual property. He has represented individuals and business entities in state and federal courts in a variety of matters, including contract and business disputes, insurance coverage and defense, employment, trade secrets, and real estate and title litigation. Mr. Kelson is a Member of the Executive Committee of the Connecticut Bar Association’s Young Lawyers Section. He is licensed to practice in Connecticut, New York, and the District of Columbia.

Diserio Martin O’Connor & Castiglioni LLP provides a wide range of legal services to clients in Connecticut and New York, and selectively in other states. The firm’s major practice areas include corporate and business law, litigation, intellectual property, real estate, and trusts and estates. The firm is headquartered in Stamford, and has offices in Greenwich, CT, White Plains, NY and New York, NY. For more information, please visit www.dmoc.com, or call (203) 358-0800.

Firm Secures Dismissal of New York Lawsuit on Behalf of Connecticut Resident

Mon, 14 Nov 2011 -0500

Jonathan P. Whitcomb and Anthony J. Iaconis successfully achieved early dismissal of a lawsuit brought in New York state court against a Connecticut resident. The court found that the New York forum selection clause contained in the subject employment contract was unenforceable in light of allegations of fraud, and, therefore, the court lacked personal jurisdiction.

2011 Horn of Plenty Food & Clothing Drive

Tue, 08 Nov 2011 -0500

DMOC is proud to serve as a donation drop off location for the 2011 Horn of Plenty Food & Clothing Drive benefitting the Salvation Army of Stamford. The drive is sponsored by the Young Lawyers Section of the Connecticut Bar Association and runs through November 18. DMOC is leading the effort for the Stamford unit of the CBA-YLS.

Firm Wins Dismissal of Lawsuit Against New Haven Attorney

Tue, 08 Nov 2011 -0500

Jonathan P. Whitcomb and Jonathan J. Kelson successfully defended a lawsuit against an attorney alleging negligence, breach of contract, and unfair trade practices arising out of the preparation and signing of a will. Mr. Whitcomb and Mr. Kelson argued that the case should have been dismissed as the claims were contingent on the outcome of a separate, pending probate appeal that involved overlapping issues related to the very same will. The New Haven Superior Court agreed, and dismissed outright all of the claims against the firm’s client in a written decision after oral argument. The Court also refused to grant the plaintiff’s request to “stay” the case pending the resolution of the underlying probate appeal.

Scott M. Harrington has been elected as Secretary/Treasurer of the Litigation Section of the Connecticut Bar Association

Fri, 30 Sep 2011 -0400

Scott M. Harrington has been elected as Secretary/Treasurer of the Litigation Section of the Connecticut Bar Association.