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Ken Fisher Quoted on NY Mayoral Candidate Bill Thompson in City & State

September 06, 2013

News - Real Estate

Ken Fisher, of the Real Estate Practice Group, was recently quoted in a City & State article titled,


An Insurer Cannot Claim That It Was Unaware of Claims Handling Statutes As A Defense To Bad Faith [Global Insurance Alert]

September 05, 2013

Publication - Bad Faith, Insurance Coverage - Insurance

The South Dakota Supreme Court in Bertelsen v. Allstate Insurance Co. (1) held that an insurer cannot avoid bad faith liability by claiming it did not know about controlling claims handling statutes, and (2) reaffirmed that an insurer cannot rely upon claimants to provide a copy of the applicable laws (i.e., a copy of the claims handling statutes), especially in the absence of a request.


Subrogation: The Land of Missed Opportunity [Property Casualty 360, September 2013]

September 05, 2013

Publication - Subrogation & Recovery

Mark Mullen authored the article


Florida No-Fault Examination Under Oath Requirement – One of These Policies Is Not Like the Other [Global Insurance Alert]

September 05, 2013

Publication - Bad Faith, Insurance Coverage - Insurance

Due to changes effective January 1, 2013, the Florida Motor Vehicle No-Fault Law now codified the insured’s obligation to submit to an examination under oath. At first it may seem odd that the Florida legislature had to go to such great lengths to incorporate, and explicitly condition, the receipt of no-fault benefits on the insured’s submission to an examination under oath. However, a brief look at the recent trends leading to this change demonstrates why the Florida legislature rewrote insurance contract law in the no-fault context.


Jennifer Brandt Appears on Fox 29 to Discuss Harrisburg, PA Hearing on Same Sex Marriage

September 04, 2013

News - Family Law

Jennifer Brandt, a member of the firm’s Family Law Practice, appeared on Fox 29 news today at 8:15 a.m. to discuss the hearing in Harrisburg regarding same sex marriage.


'Proportional' Discovery Proposed for Federal Civil Cases [The Legal Intelligencer, September 2013]

September 04, 2013

Publication - Subrogation & Recovery

Joseph Rich authored this article on the proposed amendments to the Federal Rules of Civil Procedure which present not only a significant shift in the scope of the discovery allowed in federal court, but also would usher in a new era of other limitations on discovery.


Cozen O’Connor Expands International Practice with Additions to New York Office

September 03, 2013

Press Release - International, International Arbitration, Subrogation & Recovery

Cozen O'Connor expanded its International practice with the addition of Martin Gusy and Matthew Weldon to the firm’s New York office. Both Martin and Matthew join the firm from Gusy Van Der Zandt and focus their practice in International arbitration.


The Legal Process of a Damage Suit [Damage Prevention Professional Magazine]

September 01, 2013

Publication

Even the best excavation business can cause damage at some point during its operation. While it won’t eliminate the pit that develops in your stomach upon learning that you or your company are the subject of a lawsuit involving a damage incident, knowledge of the litigation process will hopefully move you past the fear of the unknown and directly into addressing (and hopefully resolving) a damage claim.


Jim Heller Discusses the Impact of Public Relations on the NFL Concussion Settlement

August 31, 2013

News - Products Liability

Jim Heller, chair of Cozen O’Connor’s Products Liability Practice Area and vice chair of the Commercial Litigation Department, discusses the impact of public opinion and the media on the NFL Concussion settlement in a Philly.com article ''Public relations was an incentive in NFL concussion deal.''


Business Privilege Tax, Interest and Penalties Sustained [Tax Alert]

August 30, 2013

Publication - Tax

A panel of the Commonwealth Court sustained a decision that upheld the assessment of a township’s business privilege tax, interest and penalties. Whitehall Township Treasurer v. Allentown Power Center, L.P. No. 248 C.D. 2012 (Pa. Commw. Aug. 8, 2013). The taxpayer was assessed business privilege tax for 15 years beginning in 1995 on gross receipts from a rental commercial property.


46 Cozen O’Connor Lawyers Named to The Best Lawyers in America

August 28, 2013

News - Antitrust & Competition, Bankruptcy, Insolvency & Restructuring, Corporate, Corporate Governance & Securities, Health Care & Life Sciences, Insurance Coverage, Labor & Employment, Mergers & Acquisitions, Patents, Private Client Services, Real Estate, Securities Litigation & SEC Enforcement, Subrogation & Recovery, Trademark & Copyright, Transportation & Logistics Litigation, Transportation & Trade, Utility & Energy, White Collar Defense & Investigations

Forty-six Cozen O’Connor lawyers from eight of the firm’s national offices have been selected for inclusion in The Best Lawyers in America. Attorneys were selected based on a rigorous peer-review of more than 4.3 million detailed evaluations. The list will be included in publications such as The Washington Post, Los Angeles Times, and New York magazine.


Corporations in the Unusual Role of Criminal Defendant [The Legal Intelligencer]

August 28, 2013

Publication - White Collar Defense & Investigations

Hayes Hunt and Michael Zabel, both from the firm's Litigation Section, address what happens when a criminal defendant is a corporation, including recent cases involving Halliburton and SAC Capital Advisors.


Proposed Changes to Federal e-Discovery Rule [Global Insurance Alert]

August 27, 2013

Publication - Insurance Coverage - Insurance

Proposed changes to the Federal Rules of Civil Procedure may impact the management, scope and sanctions related to e-discovery in federal courts. The changes are aimed at encouraging early and active case management, ensuring e-discovery remains proportional to the action, and advancing cooperation among parties. If approved, these amendments to the civil rules will become effective on December 1, 2015.


Ken Fisher Discusses Bill de Blasio as Public Advocate [Capital New York]

August 26, 2013

News - Real Estate

Ken, of the firm's Real Estate Department, is quoted in the article


SDNY Predicts California Would Adopt Bad Faith Exception to Notice-Prejudice Rule [Global Insurance Alert]

August 26, 2013

Publication - Insurance

The U.S. District Court in the Southern District of New York recently granted, in part, a reinsurer’s motion for summary judgment on a late notice defense, but ruled the issue of whether a reinsurer was prejudiced by the cedent’s late notice will have to be determined at trial. In Ins. Co. of the State of Pa. v. Argonaut Ins. Co., the Insurance Company of the State of Pennsylvania, filed suit against its quota-share reinsurer, Argonaut, seeking reimbursement under a facultative reinsurance certificate. ICSOP sought to recover losses paid to its insured for asbestos bodily injury claims pursuant to a reinsured excess umbrella policy.


Encouraging Attorney Civility During Depositions: The Enduring Impact of Hall v. Clifton Precision [The Pennsylvania Bar Association Quarterly]

August 26, 2013

Publication

Litigation is, by its very nature, adversarial. That, of course, has not stopped the vast majority of the nation's best lawyers from lawyering in a civil manner. While riding the circuit, Abraham Lincoln - who was America's longest practicing lawyer to become President - frequently pursued opportunities for settlement or mediation, recognizing that it was often more productive for his clients to approach their opponents with professionalism and open-mindedness, and that such an approach could strengthen the lawyer's reputation and that of his or her profession. With much of the attention these days focused on the country's sixteenth President as such, there still endures the wisdom of the country lawyer who once admonished his colleagues that "[a]s a peacemaker the lawyer has a superior opportunity of proclivity for conflict, personal insecurity, poor listening skills, [or] the inability to reason, discuss, and argue well."


NY Insurers Breaching Duty to Defend May Lose Defenses to Indemnification [Property Casualty360]

August 26, 2013

Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance

Melissa Brill of the Global Insurance Department writes this article titled NY Insurers Breaching Duty to Defend May Lose Defenses to Indemnification in Property Casualty360 that focuses on the K2 decision,


Leni Morrison Cummins Quoted in the New York Times Regarding Tenant's Right to Storage Spot for Bicycle in Condominium

August 23, 2013

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 a tenant can do who has used the same storage spot for their bicycle for 25 years in their condominium building, and recently had the spot taken away.


Possible New Rules for Traveling on the Discovery Highway in Federal Court [Subrogation & Recovery Alert]

August 22, 2013

Publication - Subrogation & Recovery

In 2010, the Federal Rules of Civil Procedure were amended to change the scope and method of expert discovery in federal courts under Federal Rule of Civil Procedure 26. Now, more possible changes to Rule 26 are on the horizon and subrogation professionals and litigators should be mindful of these potential changes and the impact they will have on the discovery process in subrogation matters in federal court.

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