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Why You Should Have Paid More Attention to Your Elementary School Grammar Lessons: No Discharge for “Fraud in the Passive Voice” Thinking way back to your elementary school years, maybe even your high school days, you probably recall wondering what use you would ever get out of learning the difference between “active and passive voice” in a sentence!  An understanding of this grammatical nuance may be helpful in understanding how to interpret 11 U.S.C. 523(a)(2)(A), which section identifies cer ...

On March 9, 2023, Updike, Kelly & Spellacy shareholder Michael Botelho will be chairing the panel “Securities Law Considerations Concerning Limited Public Offerings and Private Placements” at the National Association of Bond Lawyers’ Institute. The panel will examine particular considerations regarding standards of disclosure, investors letters and other topics that distinguish these offerings from public offerings.  The role of placement agent counsel and underwriter’s counsel in these tra ...

On January 31, 2023, the Connecticut Appellate Court issued a decision affirming the Connecticut Superior Court’s decision granting summary judgment on behalf of the defendants. See Joseph M. Booth v. Park Terrace II Mutual Housing Limited Partnership et al., 217 Conn. App. 398 (2023) (AC 45094). The Appellate Court also affirmed the Superior Court’s decision to deny the plaintiff’s request to amend his complaint and motion to preclude expert testimony. Attorney Bausch argued the case before the ...

Background On December 23, 2022, Congress passed the Financial Data Transparency Act (the “Act”) as part of the Fiscal Year 2023 National Defense Authorization Act. The Act requires the Securities and Exchange Commission (the “SEC”) to create organizational standards for information reported by issuers and obligors on the Electronic Municipal Market Access website (“EMMA”). What Does This Mean for Municipal Issuers? Once the Act is implemented and the rules are finalized, the Act will alter ...

Firm Shareholder Richard Dighello was recently elected to serve as a member of the Board of Directors for the Community Foundation of Greater New Britain and the Friendship Service Center. The Community Foundation of Greater New Britain is a 501(c)(3) public charity and one of the oldest community foundations in the nation. It is one of the first community foundations in the country to comply with the National Standards for U.S. Community Foundations, and the only community foundation in Connec ...

Updike, Kelly & Spellacy, P.C. congratulates associates Valerie M. Ferdon and Jonathan L. Canestri for being voted in as Shareholders of UKS effective January 1, 2023. Attorney Ferdon joined UKS as a Summer Associate in 2014 and received her J.D., with honors in 2015, from the University of Connecticut School of Law. She earned her B.A. in political science, cum laude, from Providence College.  Attorney Ferdon is a member of the Employment Practices Group and the Litigation Practice Group.  ...

On December 7, 2022, UKS Shareholder, Patricia D. Anderson presented a half-day Legislative, Regulatory and Legal Program to the Bank Compliance Association of Connecticut, Inc. (“BCAC”).  Attorney Anderson was joined by Art Corey, Vice President and General Counsel at the Connecticut Bankers Association.  The BCAC is a non-profit corporation organized to provide compliance education to financial institutions in Connecticut and beyond. Patricia D. Anderson is a Shareholder in UKS’ Hartford off ...

The Updike Kelly & Spellacy family takes great pride in congratulating Firm Principal Rick Dighello on his recent election to serve as Chairman of the Greater New Britain Chamber of Commerce Board of Directors.  Attorney Dighello’s induction into the office was held at the Chamber’s 109th Annual Meeting, held at the Student Center Alumni Hall on the campus of Central Connecticut State University.  This gala event was attended by approximately 200 business leaders from the area including memb ...

On October 27,, 2022,  UKS Shareholder Donald W. Doeg spoke with regard to ALTA Survey Certifications at the Connecticut Association of Land Surveyors  (“CALS”) Annual Meeting.  The presentation was geared towards appropriate contract language, particularly with respect to required certifications, to be considered by land surveyors.  Attorney Doeg is the Chair of the Construction Law Practice at Updike, Kelly & Spellacy, as well as a member of the firm’s litigation department. His practice ...

On November 4, 2022, Attorney Stefan Sjoberg, an associate at Updike, Kelly & Spellacy, P.C. emceed the 8th annual Western New England University School of Law Alumni Awards Reception. This event was hosted by the Law Alumni Association, of which Attorney Sjoberg is the immediate past President, having ended his term on November 5th. The reception recognized the professional accomplishments of law alumni and included presentation of the Dean’s Alumni Excellence Award, the Ascending Alumni Aw ...