Hayes Hunt Discusses Biometrics and the Fifth Amendment in TIME

News - White Collar Defense & Investigations

In an article titled ''Why the Constitution Can Protect Passwords But Not Fingerprint Scans,'' Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, discusses a recent Virginia court decision addressing the application of the Fifth Amendment to cellphone fingerprint passcodes. The court ruled that while the Fifth Amendment protects defendants from revealing their numeric passcodes, considered a self-incriminating testimonial, it does not extend the same protection to finger scans and other biometrics.

Cozen O’Connor Attorneys Named to First Judicial District of Pennsylvania's 2014 Pro Bono Roll of Honor

Press Release

Sixteen Cozen O'Connor attorneys have been named to the First Judicial District of Pennsylvania's 2014 Pro Bono Roll of Honor. Each year, the pro bono committee of the First Judicial Court recognizes attorneys who have provided pro bono services to litigants in the Philadephia Courts. In order to be named to the Roll of Honor, an attorney must practice in Philadelphia County, must have provided services to a client in a case before the FJD, must not be employed by an organization whose primary purpose is the provision of free legal services to the underprivileged, and must have provided legal services with no expectation of receiving a fee.

IRS Releases Guidance on Private Business Use, and ACOs and Management Contracts [Public Finance and Health Law Alert]

Publication - Health Care & Life Sciences, Public & Project Finance

BPT Not Prohibited on Freight Brokerage Services

Publication - Tax

A divided panel of the Commonwealth Court held that a city was not prohibited from imposing its Business Privilege Tax on the gross receipts of a freight broker. S & H Transport, Inc. v. City of York, No. 165 C. D. 2014 (Pa. Commw. Oct. 15, 2014). The taxpayer contracted with its customer to provide common carrier transportation services. The taxpayer would then contract with a common carrier to transport the items, negotiating the lowest feasible price. The difference between what the taxpayer charged its customer and what the common carrier charged the taxpayer constituted the taxpayer's profit.

Michael Klein Discusses Settlement of D&I Silica’s Suit Against Wyoming County in The Scranton Times-Tribune

News

In an article titled “Judge OKs silica sand settlement,” Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy practice group, discusses the recent settlement of his client’s lawsuit against Wyoming County. D&I Silica sued the county after its permit for a proposed land development was rejected by the county planning commission. Following the settlement, Senior Judge Brendan Vanston commended D&I Silica and the county for reaching a resolution and added that without the agreement, “D&I would have prevailed and your county and tax dollars would have taken a big hit.”

Bonds 101 [Pa. Township News]

Publication - Business, Public & Project Finance

Mark Vacha discusses bond requirements that can help your township communicate more effectively with counsel and enhance compliance after bonds to finance an upcoming project are issued.

Pennsylvania Water Law: Contamination Incidents and Liability [American Water Works Association]

Publication

In an article titled “Pennsylvania Water Law: Contamination Incidents and Liability,” Dexter Hamilton, a member of Cozen O’Connor’s Commercial Litigation Department, Michael Klein, co-chair of the firm’s Energy & Utilities Industry team, and Thomas Leonard, an associate in the Commercial Litigation Department, address recent water contamination incidents and the inevitable legal actions that follow.

Judicial Conference Further Amends Proposed Discovery Rule Changes in Response to Extensive Comments [PBA Federal Practice Committee October Newsletter]

Publication

In an article titled “Judicial Conference Further Amends Proposed Discovery Rule Changes in Response to Extensive Comments,” Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Joshua Ruby, an associate in the Commercial Litigation Department, discuss the Judicial Conference Committee on Rules of Practice and Procedure’s (Standing Committee) amendments to the Federal Rules of Civil Procedure. Absent changes imposed by the Supreme Court and Congress, the new rules will go into effect on December 1, 2015. Although not as expansive as the draft amendments proposed last year, the proposals substantially revise the Rules governing discovery practice in the federal courts.

David Barron Discusses the Do's and Don'ts of Halloween Costumes in the Office in the Houston Chronicle

News - Employment Litigation, Labor & Employment

In an article titled ''On Halloween, employees should save the sexy maid outfit for after work,'' David Barron, a member of Cozen O’Connor’s Labor & Employment Department, offers some do’s and don’ts to guard against sexual harassment and discrimination claims when it comes to picking a costume for the office Halloween party.

DOT Passenger Protection Rulemaking #3, NextGen, Ebola, Drones, Enforcement Actions, Security Fees [Aviation Regulatory Update]

Publication - Aviation, Aviation Litigation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones - Aviation

This edition of the Cozen O’Connor Aviation Regulatory Update covers comments filed on DOT’s Passenger Protection Rulemaking #3, the FAA’s continuing plans for NextGen implementation, federal agency statements on the Ebola virus and its potential impact on air travel, the expansion of commercial drone operations, new enforcement actions by DOT and the FAA, and changes to regulations and policies affecting the aviation industry.

Jennifer Brandt Appears on Fox 29 Weekend to Discuss the PA Judicial Scandal

News - Family Law

Jennifer Brandt, a member of Cozen O'Connor's Family Law practice group, was a guest on Fox 29 Weekend to discuss the recent Pennsylvania judicial scandal and tips to protect yourself when sending emails or posting on social media.

David Barron Discusses the Legal Implications of Halloween Parties in Inside Counsel

News - Employment Litigation, Labor & Employment

In an article titled ''Nazis and naughty nurses: 4 bone-chilling dangers of your office Halloween party,'' David Barron, a member of Cozen O’Connor’s Labor & Employment Department, alerts employers to a number of labor and employment issues that might arise from the annual Halloween costume party.

Reporting and Investigating Potential Employee Wrongdoing [The Legal Intelligencer]

Publication - White Collar Defense & Investigations

In an article published in The Legal Intelligencer, Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, and Arthur Fritzinger, an associate in the Commercial Litigation Department, discuss the importance of having clear policies in place to quickly root out potential wrongdoing and thoroughly investigate issues that arise within the organization. Employee wrongdoing may be unavoidable within a large organization, but every company has the ability to limit its impact.

Jennifer Brandt Appears in the Jewish Exponent's Newsmakers of the Week

News - Family Law

Jennifer Brandt, a member of Cozen O’Connor’s Family Law practice group, appears in the Jewish Exponent’s October 23 Newsmakers of the Week column. The column highlights Jennifer’s recent selection as one of Main Line Today’s ‘’Power Women.’’

Michael Schmidt Discusses Potential Legal Risks Associated with Halloween Office Parties on CBS Newsradio / WSJ Radio Network

News - Employment Litigation, Labor & Employment

Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses some of the legal risks employers should consider when hosting a Halloween office party in an interview on CBS Newsradio / WSJ Radio Network.

“Uncollectibility” Is An Affirmative Defense To Legal Malpractice Claims in Washington [Global Insurance Alert]

Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to a claim of legal malpractice, and (2) emotional distress damages are not available in a legal malpractice claim based upon a lawyer’s failure to timely file a lawsuit.

Internships: Worthwhile Programs or Liability Traps? [New York Law Journal]

Publication - Employment Litigation, Labor & Employment

In an article titled ‘’Internships: Worthwhile Programs or Liability Traps,’’ Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the recent surge in lawsuits brought on behalf of a company’s current (and former) unpaid interns and the steps companies can take in order to avoid such litigation.

Not So Fast: The Supreme Court of Texas Narrows the Scope of the Economic Loss Doctrine [Subrogation & Recovery Alert]

Publication - Subrogation & Recovery

Historically, Texas courts have applied the economic loss doctrine (ELD) to bar tort claims (negligence and strict products liability) against a manufacturer or seller of a defective product when the damage is limited to the defective product itself and did not cause damage to a person or to other property. In addition, Texas courts have held that the ELD precludes tort recovery for economic loss arising from a party’s failure to perform under a contract when the harm consists only of the economic loss of a contractual expectancy.

Debra Friedman Discusses Misclassification of Employees in Risk & Insurance

News - Employment Litigation, Labor & Employment

In an article titled “Classified Information,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses the government’s crackdown on misclassification of employees as independent contractors. According to Friedman, misclassification of employees has serious implications for companies, as they are at risk for investigations and lawsuits from both federal and state governments, as well as private lawsuits from individuals or classes of individuals.

Debbie Minkoff Discusses Babcock & Wilcox Co.’s Appeal in Law360

News - Insurance Coverage - Insurance

Debbie Minkoff of the Global Insurance Department discusses Babcock & Wilcox Co.’s appeal and what it means for commercial policyholders in Law360.