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January 26, 2015
Publication - Tax
A panel of the Commonwealth Court held that a taxpayer failed to prove that he was a nonresident of Pennsylvania in 2005. Lust v. Commonwealth, No. 645 F.R. 2011 (Pa Commw. Jan. 9, 2015) (unreported). The taxpayer filed Pennsylvania, New York and New Jersey tax returns reflecting part year residency in Pennsylvania in 2005. Several years later, the taxpayer filed an amended Pennsylvania return claiming nonresidency for the entire year. The court stated that, when asked about the conflicting documentary evidence on cross examination, the taxpayer was evasive, repeatedly declined to identify documents that he had filed, would not confirm information contained therein, testified that he could not remember critical facts, and provided only the most basic information. The court found the taxpayer’s testimony not credible and held that he had failed to prove nonresidency in Pennsylvania.
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January 23, 2015
Publication - Employment Litigation, Labor & Employment
In an article titled, ''Is OSHA About To Ramp Up Its Whistleblower Program?'' Debra Friedman, a member of Cozen O'Connor's Labor & Employment Department, discusses the significant challenges employers face when a whistleblower complaint is filed with the U.S. Occupational Safety and Health Administration (OSHA) and recommends that employers prepare themselves by implementing a whistleblower complaint procedure program.
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January 22, 2015
Press Release - Subrogation & Recovery
Los Angeles, CA, January 22, 2015 – The 2015 Southern California edition of Super Lawyers Magazine, published by Thomson Reuters, has named two Cozen O’Connor attorneys to its list of Super Lawyers.
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January 22, 2015
Publication - Family Law
It is a well-known fact among divorce lawyers that January is the most popular month for people to initiate divorce. Perhaps that can be attributed to its promise of a new beginning; perhaps spending extra time over the holidays with spouses and extended family members was the final straw. No matter the cause, for those contemplating divorce in the start of the New Year, here are some key resolutions.
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January 21, 2015
News - Aviation, Maritime Antitrust & Competition, Maritime Corporate & Finance, Maritime Litigation, Maritime Regulatory, Transportation & Trade
Bisnow interviewed several members of the Transportation & Logistic Practice who are residents in our Washington, D.C., office to get a realistic perspective of transportation and logistics issues coming up in 2015. For the article titled “This Firm Puts Advisors on Seven Continents. Here’s Why,” Bisnow spoke with David Heffernan, Ken Hines, Mark Atwood and Steve Lachter regarding aviation regulatory issues. On the maritime side, Bisnow had discussions with Marc Fink and also interviewed Jeff Lawrence as the chair of the Transportation & Logistics Practice Group.
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January 20, 2015
News - Employment Litigation, Labor & Employment
In an article titled ‘’Worker Misclassification Tops HR Agenda in 2015,’’ Jeffrey Pasek, a member of Cozen O’Connor’s Labor & Employment Department, discusses the possibility of Congressional pushback against a number of National Labor Relations Board policies and recent developments at the Department of Labor’s Office of Federal Contract Compliance Programs.
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January 20, 2015
News - Employment Litigation, Labor & Employment
In an article titled ‘’Worker Misclassification Tops HR Agenda in 2015,’’ George Voegele, a member of Cozen O’Connor’s Labor & Employment Department, discusses a potentially major change in the way the National Labor Relations Board views franchisers’ relationships to their franchisees’ employees.
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January 20, 2015
Publication - Aviation, Aviation Litigation, Transportation & Trade - Aviation
Highlights of this edition of the Cozen O’Connor Aviation Regulatory Update include the FAA’s recent rulemakings involving New York area airport slots and safety management systems for U.S. Part 121 air carriers, developments relating to unmanned aircraft, and DOT and FAA enforcement actions.
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January 20, 2015
News - Employment Litigation, Labor & Employment
In an article titled ‘’Worker Misclassification Tops HR Agenda in 2015,’’ Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses the increase in employee retaliation claims and the implications for employers.
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January 20, 2015
Publication - Employment Litigation, Labor & Employment
Heather Marx, a member of Cozen O’Connor’s Commercial Litigation Department, and Kristi Zentner, a member in the Business Law Department, co-authored the “Minnesota Human Resources Manual” for the American Chamber of Commerce. This comprehensive human resources manual explains, in plain English, the duties of the employer during the entire employment process – everything from pre-hire through post-termination. It covers more than thirty primary topics and includes practical advice on what should be done, solid advice on how to do it and a complete explanation of why it is important.
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January 20, 2015
Publication - Subrogation & Recovery
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January 17, 2015
News - Condominiums & Cooperatives, Real Estate
Leni Morrison Cummins, a member in the firm's Real Estate Group, participates in a Q&A in the New York Times regarding what to do with co-op shared space, and whether it should be converted into a playroom or gym.
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January 15, 2015
News - Bad Faith, Insurance Coverage - Insurance
Charles (Chuck) Jesuit of the Global Insurance Department is quoted in a Law360 article titled "Bad Faith Suits Poised To Rise After Pa. Assignment Ruling." He discusses the ruling in Allstate v. Wolfe that policy holders can assign claims under a state bad faith insurance law to third-party claimants. Chuck says this decision “gives third-party claimants and their counsel another arrow in their quiver when negotiating settlement,” however; Chuck does not think the decision will significantly affect insurers’ behaviors.
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January 15, 2015
News
In an article titled "Subpoena Will Unmask Company's Anonymous Critics on Twitter," David Shimkin, a member of Cozen O'Connor's Commercial Litigation Department, discusses a recent federal decision that authorized defamation defendants to subpoena Twitter for the identities of anonymous posters. The historic underpinnings of the right to anonymous speech "have a long history," David said, but the right "is not absolute."
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January 15, 2015
Publication - Securities Litigation & SEC Enforcement
The U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) recently announced their 2015 exam priorities for their respective examination programs. Both the SEC and FINRA have prioritized review of certain investment-related issues affecting the growing senior population. This regulatory focus echoes increasing national concern about the financial security of the retirement-aged baby boomer generation. It means continued attention to issues affecting senior investors, including suitability matters and broker communications with seniors. Both regulators also plan to focus much of their attention on the municipal securities market, a sector that has seen a robust uptick in regulatory and enforcement activity over the past year.
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January 15, 2015
Publication - Appellate, Labor & Employment
In an article titled “U.S. Supreme Court Analyzes Pregnancy Discrimination,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Jessica Hurst, an associate in the Labor & Employment Department, discuss Young v. United Parcel Services, in which the U.S. Supreme Court will decide the appropriate standard to apply in determining whether an employer has violated the Pregnancy Discrimination Act. More specifically, the court will determine under what circumstances pregnant employees are entitled to work accommodations that are provided to their non-pregnant coworkers.
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January 14, 2015
Publication - Bankruptcy, Insolvency & Restructuring
Barry M. Klayman and Mark E. Felger, members in the firm's Wilmington office, published an article in the Delaware Business Court Insider titled ''Proceeds of Insurance Policy Are Property of Estate.'' This article discusses the case of Chartis Specialty Insurance v. Tri-Valley (In re Tri-Valley), Adv. No. 12-51243 (MFW) (Bankr. D. Del. Nov. 25, 2014) and third-party insurance policies in bankruptcy cases.
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January 13, 2015
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Group, was on the Fox News Network today to discuss the Connecticut teen who is being forced to undergo chemotherapy. The 17-year-old girl previously refused the treatment for her cancer, was removed from her home, and is now in state custody. The case is scheduled to go before the Connecticut Supreme Court this week.
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January 09, 2015
News - Intellectual Property, Patents, Trademark & Copyright
In an article titled "Patent Office CIO Aims for Culture Change Amid Systems Updates," Edward Weisz, a member of Cozen O'Connor's Intellectual Property Department discusses the benefits of new software systems employed by the US Patent and Trademark Office.
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January 08, 2015
News
Judge Mella of the Surrogate’s Court of the State of New York, New York County, cited to an article written by Menachem Kastner and Ally Hack, members of Cozen O’Connor’s Commercial Litigation Department, titled “To Eject or Evict – a Lease’s ‘Conditional’ Dilemma” from the New York Law Journal in 2010.
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