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April 19, 2015
News - Employment Litigation, Labor & Employment
Debra Friedman discusses the EEOC’s recent Notice of Proposed Rulemaking, which describes how the Americans with Disabilities Act (ADA) applies to employer wellness programs that are part of group health plans.
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April 16, 2015
Publication - Tax
The substantial volume of tax sale decisions from appellate courts continues. The high volume of decisions suggests that it may be time for the General Assembly to review the tax sales statutes.
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April 15, 2015
News - Employment Litigation, Labor & Employment
David Barron discusses the potential legal troubles a company can run into by prohibiting employees from facial piercings.
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April 15, 2015
Publication - Aviation, Aviation Litigation, Transportation & Logistics Litigation, Transportation & Trade - Aviation
This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s new contract maintenance rules, DOT and FAA notices on flight prohibitions in conflict zones, the latest news on the integration of unmanned aircraft into the National Airspace System, Congressional hearings on FAA reauthorization and air traffic control modernization, and DOT and FAA enforcement actions.
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April 15, 2015
Publication
Tamar Wise, a member of the Commercial Litigation Department, discusses the scope of attorney-client privilege and work product doctrine in the in-house context.
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April 14, 2015
Publication - Tax
A tax appeal from an interim assessment was properly preserved, notwithstanding that the taxpayer did not appeal a subsequent assessment that reflected a tax abatement under LERTA.
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April 14, 2015
News - Family Law
Jennifer Brandt was a guest on Fox 29 News to discuss the recent police scrutiny of the “free-range parents” in suburban Washington, D.C.
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April 13, 2015
Publication - Products Liability
John Sullivan discusses Whitener v. Pliva, in which the claim states that the manufacturer didn't warn about risks of the drug, in this instance, off-label risks.
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April 13, 2015
News - Insurance Coverage - Insurance
Leading professionals give 5 tips to insurers: look at the whole picture, humanize your case, don’t attack the policyholder, and keep it simple to win coverage.
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April 10, 2015
Publication
Thomas Wilkinson and Alexa Sebia explain how aggressive advocacy outside the confines of the courthouse may trigger potential defamation exposure for lawyers and their clients, even for lawyers who simply circulate filed pleadings to reporters or accurately summarize them via social media.
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April 09, 2015
Publication - Appellate, Labor & Employment
In an article titled “US Supreme Court Considers Religious Accommodations,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, discusses an important case regarding employers' obligations to accommodate employees' religious practices under Title VII of the Civil Rights Act of 1964. Must the employer have actual knowledge that the applicant or employee requires a religious accommodation, or does a hunch suffice? And must that knowledge come from direct, explicit notice from the applicant or employee, or can it come from some other source? The justices will try to answer these questions in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores.
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April 08, 2015
Publication - Aviation, Aviation Litigation, Transportation & Trade - Aviation
The IASA Category 1 rating means that India’s civil aviation authority once again fully complies with the safety oversight standards of the International Civil Aviation Organization (ICAO), the United Nations’ technical agency for international civil aviation. India had previously been rated by the FAA as a Category 1 country in August 1997 but was downgraded to Category 2 in 2012 after an FAA audit identified certain safety oversight deficiencies.
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April 08, 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 "Non-signatory May Enforce Forum Selection Clause to Defeat Removal." The article discusses the case of Carlyle Investment Management LLC v. Moonmouth, and how the case can be instructive for its application of Delaware law to the question of when a non-signatory to an agreement will be bound by its forum selection clause and whether the forum selection clause can be enforced by another non-signatory.
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April 07, 2015
Publication
Examining the enforceability of a policy’s proof of loss provision where an undisputed amount of loss exists.
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April 03, 2015
News - Employment Litigation, Labor & Employment
In an article titled “You Can Complain About Work on Facebook – But You Shouldn’t,” Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the specific kinds of complaints employees can make on social media that are actually protected by law, no matter your employer’s policy. “When an employee or group of employees are speaking on social media collectively about work and conditions at work, they have a right to engage in that activity according to the NLRB,” says Michael, “The NLRB considers that kind of action — connecting with your fellow employees on social media to discuss working conditions — a 'protected, concerted activity.'"
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April 02, 2015
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Group, was a guest on Legal View with Ashleigh Banfield on CNN to Discuss the Aaron Hernandez trial, as well as the Boston bomber trial.
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April 02, 2015
Publication - Employment Litigation, Labor & Employment
In an article titled “Trick Or Tweet: The Perils Of Punishing Employee Posts,” Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses a company’s ability to take some form of employment-related action in response to an employee’s negative social media post while maintaining compliance with guidance of the National Labor Relations Board.
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April 02, 2015
Publication - Family Law
With spring break upon us and summer just around the corner, many families are looking forward to annual family vacations. A lot of effort and money goes into vacation planning. And for divorcing or divorced parents, the possibility of a former spouse interfering with a planned vacation becomes yet another logistic to consider. Here are five tips for pleasant vacation planning.
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April 01, 2015
News - Employment Litigation, Labor & Employment
Jeffrey Pasek, a member of the Labor & Employment Department, discusses Indiana’s Religious Freedom Restoration Act and how the meaning of RFRA-type laws have changed.
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April 01, 2015
Publication
In an article titled “A Ticket to Sue – Pennsylvania’s Registration Requirement for Foreign Business Entities,” Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Thomas O’Rourke, an associate in the Commercial Litigation Department, discuss the new registration regime for foreign businesses that will come into effect on July 1, 2015. Under the new requirements, foreign businesses that are “doing business” in Pennsylvania without proper authorization will still be without legal capacity to sue in Pennsylvania. It will remain critical, therefore, for each foreign business to ensure that it is properly registered, if necessary, before seeking recovery in Pennsylvania.
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