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February 26, 2015
Publication
In an article titled "Court Rejects Attorney-Client Privilege in Employment Discrimination Case,’’ Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Alexa Sebia, an associate in the Commercial Litigation Department, discuss a Pennsylvania federal judge’s rejection of a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee.
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February 25, 2015
Publication - Antitrust & Competition - Health Care & Life Sciences
Today, in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the Supreme Court held that a state dental board, created by the legislature, but comprised primarily of dentists elected by other dentists, did not qualify for immunity under the antitrust laws. This is the second time in two years that the Court has significantly limited the applicability of the state action exemption, under which states themselves are immune from the federal antitrust laws. Actions by private parties, including quasi-governmental entities, pursuant to a state regulatory regime may also be immune, but only under certain circumstances. Given the prevalence of state quasi-governmental bodies in regulating a broad range of industries such as energy, professional services, health care and transportation, these decisions will likely force states, and regulated industries, to reconsider their policy and legal strategies.
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February 24, 2015
Publication - Aviation, Aviation Litigation, Transportation & Trade
This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s long-awaited proposed rule on small unmanned aircraft commercial operations, the White House’s statement on privacy issues relating to unmanned aircraft, recent Congressional hearings on FAA reauthorization and unmanned aircraft, the DOT Inspector General’s review of DOT’s tarmac delay rule, DOT and ITC actions with regard to U.S.-Cuba air travel, DOT’s clarification of carriers’ animal incident reporting requirements, and DOT and FAA enforcement actions.
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February 24, 2015
Publication - Family Law
Communicating before marriage about the issues that are most important to each partner is the essence of intimacy. You can even up the romance with creative clauses like a requirement of weekly flowers or an agreement that gifts between husband and wife will forever belong to the recipient. All it takes is some imagination and consideration to bring romance and levity to your prenup.
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February 23, 2015
News - Government Relations - Cozen O'Connor Public Strategies
Mark Alderman, chairman of Cozen O'Connor Public Strategies, discusses the Democratic National Committee's choice of Philadelphia to host its 2016 convention in an article titled "DNC Gives Philly Firms Golden Networking Opportunity."
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February 23, 2015
Publication - Tax
The Philadelphia Office of Property Assessment (OPA) has begun mailing notices to each owner of property listed as tax exempt on the OPA’s records indicating that the owner must file a form to certify that the property continues to be entitled to exemption. The notice and form are confusing as they list different due dates and effective dates for the certification. The OPA has confirmed that the due date for filing the form is March 31, 2015 and that the certification of exemption is for tax year 2016.
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February 23, 2015
Publication
In an article titled '''Irreparable Harm' Is a Tough Hurdle to Clear,'' Michael de Leeuw and John Sullivan, members of Cozen O'Connor's Commercial Litigation Department, examine the current state of preliminary injunction jurisprudence in New York courts (with liberal reference to their federal counterparts), in particular the treatment of the “irreparable harm” branch of the test, and explore whether there are any better guiding standards that might make preliminary injunction practice more predictable.
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February 19, 2015
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
In Colorado, under the notice-prejudice rule, an insured who gives late notice of a claim to his or her liability insurer does not lose coverage benefits unless the insurer proves that the late notice prejudiced its interests. Friedland v. Travelers Indem. Co., 105 P.3d 639, 643 (Colo. 2005). On February 17, 2015, in response to certified question of law from the 10th Circuit Court of Appeals, the Colorado Supreme Court held that the notice-prejudice rule does not apply to date-certain notice requirements in claims-made policies. Craft v. Philadelphia Indem. Ins. Co., Case No. 14SA43. Rather, date-certain notice requirements will be enforced as written.
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February 19, 2015
Publication - Tax
Continuing a line of recent appellate decisions, a panel of the Commonwealth Court set aside a tax sale because the tax claim bureau failed to note in the file additional efforts that it had made to notify the owner. In re: 2013 Perry County Tax Claim Bureau Sale, Appeal of Tufarolo.
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February 17, 2015
News - Insurance Coverage, Technology, Privacy & Data Security - Insurance
In the article titled "The Cost of Cybersecurity: Risks and Responses on the Rise" in The Legal Intelligencer, Matthew Siegel of the Gloabl Insurance Department discusses the increased need for cyberinsurance. Matthew said, "said some insurance policies will provide for lawyers to serve as data breach coaches. Lawyers, he said, can play a lead role in assessing companies' incident response plans and helping put policies in place."
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February 17, 2015
News - Aviation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones
David Heffernan of The Transportation & Logistics Practice Group discusses drones and what the proposed FAA rules would mean in the article titled "Drone backers mostly welcome FAA's proposed rules" in Network World. David said he sees the FAA’s approach as evolutionary rather than revolutionary. The administration is looking at current flight rules and adjusting them where they don’t make sense for drones, such as the need for a pilot’s license or the requirement to carry an aircraft manual on board.
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February 13, 2015
Publication
Alison Lecker discusses how revised rules from the Food and Drug Administration attempt to minimize instances of foodborne illness in The Legal Intelligencer.
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February 12, 2015
Publication - Appellate
In an article titled ''Justices Eye Hierarchy of Protected Speech in Street Sign Case,'' Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Leigh Ann Benson, an associate in the Commercial Litigation Department, discuss Reed v. Town of Gilbert, in which the U.S. Supreme Court has an opportunity to overhaul its First Amendment jurisprudence. The Town of Gilbert's sign ordinance was challenged by Good News Community Church and its pastor, Clyde Reed. Good News is a relatively small congregation in Gilbert that meets weekly for fellowship and worship. The church views its signs as ideological while the town considers them to be directional – a distinction that has significant practical effects. Although it seems likely Gilbert's ordinance will be struck down, the more interesting question is whether five Justices will unite around a far-reaching opinion that revamps the court's First Amendment jurisprudence.
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February 11, 2015
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Adam Stein of the Global Insurance Department discusses private equity funds in the article titled Deep Cover in Best's Review. Limited partner investors in private equity funds and other “passive” institutional investors are being sued in growing numbers, a trend that can be expected to continue as courts in many jurisdictions continue to entertain such suits.
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February 10, 2015
News
Menachem Kastner, a member of Cozen O'Connor's Commercial Litigation Department, recently obtained a favorable ruling from Manhattan Supreme Court Justice Cynthia Kern on behalf of his clients, Mario Batali and Lidia Bastianich. Mario and Lidia's restaurant, Babbo, was sued by a next door property owner stating that Babbo's air conditioning units and kitchen exhaust pipe were in violation of New York City's building code and that newly installed air conditioning units were too noisy and caused vibrations. Menachem and Amanda climbed to the top of the four story building to take pictures of all the allegedly offending machinery, which played a significant role in the Court's decision. As stated to the press in keeping Babbo open, "Justice was served."
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February 10, 2015
Publication - Subrogation & Recovery - Insurance
Social media, whether it be posted comments, photographs, video footage or other media, has clearly emerged over the last few years as a new and sometimes generous source of information to assist with recovery efforts. From insureds to possible targets to third-party witnesses, it is clear people are now more accustomed to posting what occurs in their daily lives to their social media accounts, which also necessarily means there is a good chance loss related information has and will continue to find its way into the world of social media. But often times, What is and what is not discoverable when it comes to “social media”? is a question that gives insurance claims professionals and their subrogation counsel a moment of pause when litigating a subrogation claim and considering whether to explore social media as source of useful information. Three recent cases in Florida, provide further guidance on how far a litigant can go in seeking discovery of social media.
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February 10, 2015
Publication - Products Liability
In an article titled ''Lacrosse Equipment Manufacturers Facing Challenges,'' James Heller, chair of Cozen O'Connor's Products Liability Practice Group, and Christopher Passavia, an associate in the Commercial Litigation Department, discuss the National Operating Committee on Standards for Athletic Equipment (NOCSAE) and their abrupt announcement in November 2014 that it had voided the manufacturer's certification of two of the nation's most popular lacrosse helmets (Cascade's R model and Warrior's Regulator model). The announcement quickly led to the filing of two putative class action consumer lawsuits against Cascade, one of which is pending in the U.S. District Court for the Eastern District of Pennsylvania, and a lawsuit by NOCSAE against Warrior in federal court in Missouri.
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February 10, 2015
Publication - Tax
A panel of the Commonwealth Court held that a tax sale of owner-occupied property was void because of the failure of the sheriff to include a copy of the notice of the tax sale with affidavits filed in the proceeding. Montgomery County Tax Claim Bureau v. Queenan, No. 209 C.D. 2014 (Pa. Commw. Jan. 12, 2015). The owner had actual notice of the tax sale in advance of the sale. Notwithstanding, the Court held that the failure of the Sheriff to include a copy of the notice did not meet the mandatory requirement of the statute in 72 P.S. §601(a)(3). The tax sale of owner-occupied property requires stricter requirements than requirements of notice to property owners generally under 72 P.S. §5860.602.
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February 09, 2015
Publication - White Collar Defense & Investigations
Nicole Sprinzen, a member of Cozen O’Connor’s Criminal Defense & Internal Investigations practice, discusses the crime-fraud exception’s reach in the context of a case in which the Third Circuit affirmed a decision requiring an attorney to testify in a grand jury investigation into his former client’s potential violations of the Foreign Corrupt Practices Act (FCPA).
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February 09, 2015
News - Intellectual Property
In an article titled "Q&A: Minus the flak jacket, attorney joins raid on fake goods," David Sunshine, member of Cozen O'Connor's Intellectual Property Department, discusses a U.S. Customs and Border Protection raid that he participated in on behalf of one of his clients.
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