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Shipper’s Complaint Considered “Shotgun Pleading” and Dismissed Against Rail Carrier

October 22, 2019

Publication - Maritime Litigation, Transportation & Trade

U.S. District Judge Marcia Morales Howard of the U.S. District Court for the Middle District of Florida, Jacksonville Division, dismissed sua sponte the complaint filed by plaintiff Sompo Japan Nipponkoa Insurance, Inc. against defendants CSX Corp., CSX Transportation, Inc. and Savage Services Corp. because the district court considered it to be an impermissible “shotgun pleading.”

Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer Of its Franchisee

October 22, 2019

Publication - Franchising, Labor & Employment

The 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th Cir. 2019), holding franchisor McDonald’s was not a joint employer with its franchisee, because McDonald’s did not retain control of day-to-day aspects of work at the franchisee’s restaurants.

Exxon’s Climate-Change Accounting Goes on Trial

October 21, 2019

News - State Attorneys General

Bernie Nash, Co-Chair of the firm’s State Attorneys General Practice, is quoted in a Wall Street Journal article describing the upcoming courtroom showdown between Exxon Mobil Corp. and New York’s Attorney General over how the oil industry accounts for the impact of climate change.

NLRB Reaffirms Its Commonsense Approach to the Validity of Employee Rules [Alert]

October 17, 2019

Publication - Labor & Employment

Barry Kearney discusses the Board's commonsense analysis of what kind of employee conduct the rule it is attempting to regulate.

Michael Heller Named One of 2019’s Most Admired CEOs by Philadelphia Business Journal

October 17, 2019

Press Release

Heller, along with the other named CEOs, will be honored at a dinner reception at the Union League on December 3.

James Kwartnik recognized as a Law360 Rising Star

October 16, 2019

News - Construction Law

James Kwartnik has been recognized as a 2019 Rising Star by Law360.

Cozen O'Connor Sponsors NetDiligence Ninth Annual Cyber Claims Study

October 16, 2019

News - Cyber Solutions & Data Strategies, Privacy & Data Security

Cozen O’Connor sponsored the NetDiligence ninth annual Cyber Claims Study.

Sutter Health settles class action antitrust lawsuit

October 16, 2019

News - Antitrust

Jonathan Grossman was featured in Modern Healthcare discussing his thoughts on the Sutter Health settlement.

Insurance Certificate Alone Confers Coverage: Washington Supreme Court [Alert]

October 15, 2019

Publication - Insurance Coverage

Jordan Hess discusses the Wasthington Supreme Court's decision in T-Mobile USA v. Selective Insurance, and why it might not have that great an impact on the insurance industry in Washington.

James Schultz Named to Philadelphia Shipyard Development Corporation Board of Directors

October 15, 2019

Press Release - Government & Regulatory

James Schultz, chair of Cozen O’Connor’s Government & Regulatory practice, has been appointed by Pennsylvania Governor Tom Wolf as a member of the board of directors of the Philadelphia Shipyard Development Corporation.

Four Cozen O'Connor Attorneys Named Managing Intellectual Property IP Stars

October 15, 2019

Press Release - Intellectual Property, Intellectual Property Litigation, Patents, Trademark & Copyright

Four members of Cozen O'Connor’s Intellectual Property Group, Frank Abramonte, Thomas Fisher, James Gale, and Hugh Marbury, have all been named IP Stars by Managing Intellectual Property.

Second Circuit Revives Claims Against Saudi Bank Accused of Aiding 9/11 Attacks

October 15, 2019

News - 9/11 Litigation

Sean Carter discusses a ruling by the U.S. Court of Appeals for the Second Circuit directing a lower court to conduct discovery on whether it has jurisdiction to hear the claims in a civil lawsuit accusing Saudi Arabian Al Rajhi Bank of aiding al-Qaida in carrying out the 9/11 terrorist attacks.

INSIGHT: ‘Kaestner’ Opens Door for Challenges to State Taxation of Trust Income [Bloomberg Tax]

October 15, 2019

Publication - Business/Corporate, Tax

Heidi Schwartz and Joe Bright explain the U.S. Supreme Court’s ruling in N.C. Dep’t of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, holding that a state cannot tax income from an out-of-state trust based solely on the beneficiaries' residence in the state.

First to File, First to Amend or First to Use Hemp Products [Alert]

October 14, 2019

Publication - Intellectual Property, Trademark & Copyright - Cannabis

Ashley Kessler reviews trademark applicant process for hemp and hemp-derived CBD products and how date of “first use anywhere” and “date of first use in commerce” could impact who gets the trademark.

Predictive Analysis, Negotiation, Tech Tools, Aggregation of Claims and Legislative Solutions

October 14, 2019

Publication - Subrogation & Recovery

Negotiation: Tips, Tools and Techniques - Aggregation of Repetitive Failure Claims: Procedural and Negotiation Considerations - Use of Predictive Analytics and Machine Learning Tools In Subro Recognition - Tech Tools for Establishing Liability in Property and Auto Claims

Cozen O’Connor Patent Attorneys Represent, Pro Bono, Nonprofits Established by Parents of Children with Ultra-rare Genetic Disorder

October 14, 2019

Press Release - Patents

Cozen O’Connor patent attorneys Jeff Townes and Hongling Zou represent, pro bono, three partner nonprofits established by parents of children with the ultrarare, and potentially fatal, alternating hemiplegia of childhood (AHC).

New Laws On Independent Contractors Could Be Coming to a City and State Near You [Alert]

October 14, 2019

Publication - Government Relations - Cozen O'Connor Public Strategies, Labor & Employment

Matt Glavin and Jeremy Glenn discuss California, New York, and Illinois laws aimed at changing how workers are classified and their impact on the gig economy.

Pennsylvania Law Passed Requiring Mandatory Use of E-Verify in the Construction Industry [Alert]

October 11, 2019

Publication - Labor & Employment - Real Estate & Construction

Michael Hanlon and Fran Rayer discuss the new Pennsylvania law affecting the construction industry that goes into effect on October 6, 2020.

Going the extra mile

October 11, 2019

News - Commercial Litigation

Chris Hennessy talks to the Chicago Lawyer magazine about the Chicago Marathon and his role as Board President of the Chicago Area Runners Association (CARA).

After Reargument, Chancery Affirms There Is No Bar to an Advance Waiver of Appraisal Rights [Delaware Business Court Insider]

October 09, 2019

Publication - Bankruptcy, Insolvency & Restructuring, Commercial Litigation

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Court of Chancery of Delaware holding that the Delaware General Corporation Law does not prohibit sophisticated owners of a corporation from including provisions in a merger agreement that bind them to a future sale of the resulting entity and the waiver in advance of their statutory appraisal rights.

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