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June 29, 2012
Publication - Bankruptcy, Insolvency & Restructuring, Business
Third Circuit Extends Grossman's Test for when a 'Claim' Arises but Declines Discharge of Claims on Due Process Grounds - Bankruptcy, Insolvency & Restructuring Alert - Confirmation of a plan of reorganization generally discharges all pre-confirmation “claims.” However, in some instances, a plaintiff’s claim against a debtor does not manifest itself until after a plan has already been confirmed.
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June 29, 2012
News
Joseph Dever, a member of Cozen O’Connor’s Commercial Litigation Group and a former assistant regional director in the SEC’s New York office, anticipates that the SEC will file up to a dozen significant enforcement actions in the next 18 months – before the statute of limitations runs out on cases that were at the heart of the financial crisis – in an article titled, ''SEC Scrambles to Wrap Up Cases Key to Financial Crisis as Statute of Limitations Runs Out.''
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June 28, 2012
Press Release
The International Who’s Who of Management Labour & Employment Lawyers Names Two Cozen O’Connor Members to its List
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June 27, 2012
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
The Potential Implications of the JOBS Act on D&O Coverage - Global Insurance Alert - On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act, better known as the JOBS Act. The JOBS Act is intended to help smaller and new companies raise capital, and, to accomplish this goal, institutes fundamental changes to existing securities laws in the areas of fundraising and emerging growth companies (EGCs).
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June 27, 2012
Publication
Predicting the Future of Predictive Coding - The Legal Intelligencer - The article discusses the changing technology employed in case law, more specifically predictive coding, which is being used to run algorithms that allow for computer characterization of a massive set of electronic data for a fraction of the cost of more traditional methods. Hayes Hunt and Jillian Thornton note that the difficulty with implementing processes such as predictive coding is that the methods are so new that they are fairly untested in court.
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June 26, 2012
Publication - Business
Confidentiality Agreements and Standstill Provisions; the Delaware Chancery Court Broadly Construes Confidentiality Agreements and Enjoins a Hostile Bid Despite the Absence of Standstill Provisions Relating to Stock Transactions - Securities Alert - In a significant recent decision, Martin Marietta Materials, Inc. v. Vulcan Materials Company, the Delaware Chancery Court reiterated the preference of Delaware courts to enforce confidentiality agreements and to construe them broadly as a matter of public policy.
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June 26, 2012
News
If you live in the southern United States, you have probably looked into different ways of lowering your energy consumption and cooling costs during the hot summer months.
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June 26, 2012
Publication - Health Care & Life Sciences - Health Care & Life Sciences
Federal Court Sends Mixed Message on Hospital's Right to Payment for Out-of-Network Services - Health Law Alert - Hospitals seeking reimbursement from a Medicaid managed care organization (MCO) for non-contracted services, and without the benefit of a single case agreement, need a legal basis to compel payment by the MCO.
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June 25, 2012
Publication - Subrogation & Recovery - Insurance
Colorado Burning - Subrogation and Recovery Alert! - Due to lower than expected snowpack this past winter, recent high temperatures and low humidity, the Colorado high country has become a tinderbox.
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June 25, 2012
News - Employment Litigation, Labor & Employment
David Barron, a Labor & Employment lawyer in Cozen O’Connor’s Houston office, offered advice to employers wishing to avoid discrimination claims while keeping workers’ appearance to reasonable standards in an article titled, ''Craft a Workable Dress / Appearance Code.''
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June 21, 2012
Publication - Utility & Energy
Philadelphia Enacts Mandatory Energy and Water Use Disclosure Ordinance for Commercial Buildings - Energy Policy Alert - To spur commercial building owners to invest in energy efficiency, Philadelphia City Council passed a mandatory energy and water disclosure ordinance on June 21, 2012.
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June 21, 2012
Publication - Business, Health Care & Life Sciences
Federal Court Sends Mixed Message on Hospital's Right to Payment for Out-of-Network Services - Health Law Alert - Hospitals seeking reimbursement from a Medicaid managed care organization (MCO) for non-contracted services, and without the benefit of a single case agreement, need a legal basis to compel payment by the MCO.
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June 21, 2012
News - Corporate
Steve Haas quoted in Barron's
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June 19, 2012
Publication - Subrogation & Recovery
Limitation Periods for Actions Involving Motor Vehicle Accidents in Canada - Jurisdictions Comparative Chart - This chart highlights the specific limitation periods applicable to legal proceedings arising out of motor vehicle accidents in all Canadian provinces and territories.
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June 15, 2012
Publication - Bad Faith, Insurance Coverage - Insurance
On May 31, 2012, the Florida Supreme Court rendered its 32 page, long-awaited decision in QBE Insurance Corp. v. Chalfonte Condominium Apartment Association, Inc. The court reaffirmed that Florida does not recognize the common law duty of good faith and fair dealing in the context of a first-party claim, a claimant only has a statutory first-party bad-faith cause of action, and Florida courts shall not rewrite insurance contracts.
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June 15, 2012
Publication - Utility & Energy
Update - NJ Assembly Environment Committee Approves Bill to Prevent Treatment of Fracking Wastes - Energy, Environmental and Utilities Alert - On the evening of June 14, the New Jersey Assembly and Solid Waste Committee approved A575.
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June 15, 2012
News
Cozen O’Connor Labor & Employment lawyer David Barron spoke to Law 360 about the recent appeals regarding the NLRB’s requirement to hang posters about an employee’s (or employees’) right to unionize, and how the upcoming presidential election could make it all a moot point.
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June 14, 2012
Publication - Utility & Energy
NJ Senate Committee Approves Bill Prohibiting the Treatment of Fracking Materials - Energy, Environmental and Utilities Alert - On June 7, 2012, the New Jersey Senate Environment and Energy committee unanimously approved a bipartisan bill, S.253, that aims to prohibit the treatment of waste products from hydraulic fracturing (also known as fracking), in New Jersey.
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June 14, 2012
Publication - Subrogation & Recovery - Insurance
Diminution of Value and Property Damage Claims in Georgia - Subrogation and Recovery Alert! - On May 29, 2012, the Georgia Supreme Court significantly changed the landscape for first party property insurance claims and claims handling by holding (in Royal Capital Development, LLC v. Maryland Casualty Company, 2012 WL 1909842)...
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