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Privileged Communications With Outside Consultants [The Legal Intelligencer]

February 19, 2014

Publication

Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude potentially incriminating statements. How would it affect their claims of privilege if the university shared that confidential information with outside consultants hired during the investigation?


Jeffrey Pasek Shares Insight About Onboarding in Family Office Exchange (FOX) Whitepaper

February 14, 2014

News - Employment Litigation, Labor & Employment

In a whitepaper titled “Onboarding Household Staff: Best Practices in Managing an Efficient Home While Minimizing Risk and Expense,” Jeffrey Pasek, a member of Cozen O’Connor’s Labor & Employment Department, offers his insights about onboarding from an employment law perspective and what makes an onboarding experience successful.


Sales Tax Complaint Remanded [Tax Alert]

February 12, 2014

Publication - Tax

A federal district court remanded to state court an action that made various contractual and consumer oriented claims regarding the collection of sales tax. Farneth v. Wal-Mart Stores, Inc., 2:3-cv-01062 (W.D.PA. Dec. 30, 2013). The plaintiff purchased two items of shaving gel at a Wal-Mart store taking advantage of a two-for-one promotional sale. The store charged Pennsylvania Sales Tax as though both items were purchased at full price.


NYS Estate Tax Savings Opportunity [Private Client Services Alert]

February 12, 2014

Publication - Tax

Since the implementation in 2011 of federal legislation increasing the federal estate and gift tax exemption to $5,000,000, many New York residents have been making large lifetime gifts in order to substantially reduce their New York estate tax. Recently proposed legislation, if passed, will eliminate this tax reduction strategy by pulling back into the New York taxable estate at death lifetime gifts made by New York residents after March 30, 2014.


Promotional Benefits Or Rights Grab? [Digital Photo Pro]

February 12, 2014

Publication

Samuel A. Lewis, a member of Cozen O’Connor’s Intellectual Property Litigation group, discusses the potential pitfalls of posting photographs on social media.


Amended Appeals Remedy Procedural Defect [Tax Alert]

February 12, 2014

Publication - Tax

A panel of the Commonwealth Court modified an order of the Monroe County Court of Common Pleas that quashed certain real estate assessment appeals filed on a consolidated basis, but permitted the property owners to file amended appeals beyond the statutory appeal period provided they do so within 60 days of the order and pay the necessary filing fees.


Jennifer Brandt Discusses How Valentine’s Day Adds Pressure to Marriages in MainStreet

February 12, 2014

News - Family Law

In an article titled “Valentine’s Effect Causes 40% to Explore Divorce,” Jennifer Brandt, a member of the firm’s Family Law Department, discusses how “Valentine’s Day puts a lot of pressure on people to provide proof of their love for one another in one day… Because Valentine’s Day forces us to assess our romantic relationships, many people realize that they are not happy in the situation they are in and there is no possibility of it improving. Thus, they may turn toward divorce to get a fresh start.”


An Attack on Plaintiffs' Use of Consumer Complaints [The Legal Intelligencer]

February 11, 2014

Publication - Products Liability

In products liability actions, plaintiffs use prior consumer complaints as evidence that a defect existed or that the defendant ignored a known defect. Precluding these prior consumer complaints is important to the defense, because this evidence has significant potential to prejudice the jury and lead to the imposition of liability in cases where plaintiffs have failed to produce sufficient proof of a defect. For these reasons, defendants must challenge the admissibility of prior consumer complaints. Defendants should argue that the communications are not substantially similar to the facts, circumstances and defects claimed in the case at issue (and are, thus, not relevant), and are inadmissible hearsay.


Patrick J. O’Connor Named by Legal Intelligencer as a Lifetime Achievement Award Winner

February 11, 2014

News

Cozen O’Connor Co-Founder Patrick J. O’Connor has been named by the Philadelphia Legal Intelligencer as a 2014 Lifetime Achievement Award Winner. The Legal Intelligencer is honoring the great history of the legal profession in Pennsylvania by identifying some of the most important members of the legal community with Lifetime Achievement Awards.


Conn. High Court Clarifies Aggregate Limit and Number of SIRs Under Professional Liability Policy [Global Insurance Alert]

February 11, 2014

Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance

On January 28, 2014, the Supreme Court of Connecticut, in Lexington Ins. Co. v. Lexington Healthcare Group, Inc., 311 Conn. 29, addressed three issues that define the extent of coverage available under a medical professional liability policy. The court concluded that each claimant triggered a separate limit; an aggregate limit for professional lines claims applied; and a retention for each medical incident applied.


Ken Fisher Quoted in Crain's New York Business Article, "City Hall's New 'In' Crowd"

February 10, 2014

News - Government & Regulatory

Ken Fisher, of the Government & Regulatory and the Real Estate Practice Groups, was quoted in a Crain's New York Business article titled, "City Hall's New 'In' Crowd." The article examines how the first Latina City Council speaker, Melissa Mark-Viverito, was elected in New York. The lobbyists that support Mark-Viverito are mentioned by Ken Fisher as he says, "Anytime a story is written saying a lobbyist is close to a politician, they raise their rates."


Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors [Global Insurance Alert]

February 10, 2014

Publication - Professional Liability Insurance Coverage - Insurance

In Schroeder v. Weighall, the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW 4.16.190(2), which had eliminated the tolling of the statute of limitations for medical malpractice claims brought by those who alleged malpractice in their care as minors. The court held that the statute violated Article I, Section 12 of the Washington State Constitution, and reversed the trial court’s summary judgment order dismissing Jaryd Schroeder’s medical malpractice action.


U.S. Supreme Court to Scrutinize Securities Class Actions [The Legal Intelligencer]

February 06, 2014

Publication - Securities Litigation & SEC Enforcement

In two sets of cases this term, the U.S. Supreme Court is set to decide questions that could significantly alter securities litigation on behalf of large groups of investors under both federal and state law.


A Good Faith Review of 2013 [Global Insurance Alert]

February 05, 2014

Publication - Bad Faith - Insurance

With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s law is often the basis for this year’s lawsuit. The best strategy to prevent bad faith litigation is to be aware of the current trends and decisions (see links). The following bad faith decisions showcase some of the best and the worst holdings for insurers in 2013. We will continue to monitor and report on any major developments in 2014.


David Barron Discusses Overnight Workers and Daylight-Saving Time in the Houston Chronicle

February 05, 2014

News - Employment Litigation, Labor & Employment

In an article titled "When the clocks spring forward, what happens to paychecks?" David Barron, a member of Cozen O'Connor's Labor & Employment Department, discusses daylight-saving time and its impact on employees who work overnight.


Delaware Court Provides Guidance Regarding Tax-Sharing Agreements [American Bankruptcy Institute Journal]

February 03, 2014

Publication - Bankruptcy, Insolvency & Restructuring

Simon Fraser discusses the importance of specificity in tax-sharing agreements after a U.S. Bankruptcy Court for the District of Delaware ruling.


Supreme Court Holds That Items of Protective Clothing Are ‘Clothes’ For Purposes of the FLSA [Labor & Employment Alert]

January 28, 2014

Publication - Employment Litigation, Labor & Employment, Labor Relations & Disputes

The U.S. Supreme Court yesterday released its much-anticipated decision in the case of Sandifer v. United States Steel Corporation, and held that Section 203(o) of the Fair Labor Standards Act (FLSA) — which allows parties to a collective bargaining agreement to decide for themselves through negotiations whether “time spent in changing clothes … at the beginning or end of each workday” is compensable — applies to articles of protective clothing such as flame-retardant jackets, pants, hoods, snoods, wristlets, leggings, hardhats, work gloves and steel-toed boots.


Joe Rich Appointed Chapter Co-Chair of NASP's DC/MD Chapter

January 28, 2014

News - Subrogation & Recovery

Joe Rich, a member of the Subrogation and Recovery Department in our Philadelphia office, has been appointed as the 2014 Chapter Co-Chair of NASP's revived DC/MD Chapter.


New Jersey Now Requires Employers to Provide Reasonable Accommodations for Pregnant Employees [Labor & Employment Alert]

January 28, 2014

Publication - Employment Litigation, Labor & Employment

New Jersey Governor Chris Christie signed into law last week a bill that specifically adds pregnancy to the New Jersey Law Against Discrimination (NJ LAD) and requires employers to offer reasonable accommodations to pregnant employees who request accommodation. The new law, which was passed unanimously by the state Senate and with just one dissenting vote in the state Assembly, makes several major changes to existing law. Employers should be mindful of this new law because it strengthens the already tough NJ LAD and goes farther than the federal Pregnancy Discrimination Act.


Ken Fisher Quoted in Crain's New York Business Article, "A Glimmer of Hope on City Council for Developers"

January 27, 2014

News - Government & Regulatory, Real Estate - Real Estate & Construction

Ken Fisher, of the Government & Regulatory and the Real Estate Practice Groups, was quoted in a Crain's New York Business article titled, "A Glimmer of Hope on City Council for Developers." The article examines David Greenfield and his role as chair of the Committee on Land Use on the New York City Council. Fisher offers his remarks on Greenfield by stating, "The power of the job comes in helping to shape the debate."

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