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December 18, 2014
Publication - Employment Litigation, Labor & Employment
In an article titled ''Department of Labor Targeting Oil and Gas Contractors,'' David Barron, a member of Cozen O'Connor's Labor & Employment Department, highlights the increased scrutiny on employers in the oil and gas industry and offers some important tips for maintaining compliance with wage and hour regulations.
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December 18, 2014
Publication - Tax
A divided panel of the Commonwealth Court concluded that real estate used by a railroad as a transloading facility was not exempt from local real estate tax. CSX Transportation, Inc., v. Delaware County Board of Assessment Appeals, No. 1276 C.D. 2014 (Pa. Commw. Nov. 19, 2014). The appeal may not be correctly decided.
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December 17, 2014
Publication
In an article titled “The Crime-Fraud Exception to Attorney-Client Privilege,” Hayes Hunt, a member of Cozen O’Connor’s Commercial Litigation Department, and Michael Zabel, an associate in the Commercial Litigation Department, discuss the crime-fraud exception to attorney-client privilege and its application in a series of high-profile cases involving Facebook, Mark Zuckerberg and a former business partner. The cases present an interesting study in how the crime-fraud exception can operate.
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December 17, 2014
Publication - Securities Litigation & SEC Enforcement
In an article titled “SEC Quietly Seeks Industry Bars Against Muni Officials,” Joseph Dever, a member of Cozen O’Connor’s Commercial Litigation Department, reviews several recent Securities and Exchange Commission muni enforcement cases and explains that the agency is quietly seeking a new sanction: "industry bars" against municipal officials. Industry bars are court orders that prohibit municipal officials from participating in future offerings of municipal securities. The significance of this new SEC enforcement strategy should not be overlooked, as an industry bar can essentially serve as a career-ending sanction for an individual working in the municipal finance sector.
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December 16, 2014
Publication - Family Law
The holidays are here. It is a time for joy and gratitude, a time for sharing and spending time with family. But for couples contemplating or going through a divorce, the holidays can be downright depressing. Instead of love and caring, there is animosity. Instead of togetherness, there is loneliness. Many couples who are parting would prefer to hibernate over the holidays and resurface sometime in January. Nonetheless, there are ways to manage the holidays even if you are separating or divorcing, and there is even the chance that you will find some enjoyment. The tips below will help.
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December 16, 2014
Publication - Subrogation & Recovery
Multinational transactions and international commerce fostered the growth of international legal disputes. One issue is when a plaintiff is granted a judgment against a non-resident defendant with no assets in the jurisdiction of the court issuing the judgment. To obtain recovery, the plaintiff must locate a jurisdiction with defendant’s assets and apply to a court for recognition and enforcement of the judgment. This alert provides an overview of the framework developed by Canadian common-law provinces for the recognition and enforcement of foreign judgments.
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December 16, 2014
News - Appellate
Cozen O’Connor has prevailed in a major victory in the Pennsylvania Supreme Court, after hearing arguments from Stephen Cozen, ruled that the legal expenses racked up in fighting a mayoral ballot challenge were not incurred to influence the outcome of an election and could be forgiven. Cozen O’Connor has been fighting for seven years to forgive the full amount owed by U.S. Representative Bob Brady’s campaign committee.
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December 15, 2014
Publication - Tax
A panel of a Commonwealth Court concluded that a mixed-use housing project owned by municipality was exempt from real estate tax. Reading Housing Authority v. Board of Assessment Appeals of Berks County, No. 1937 C.D. 2013 (Pa. Commw. Nov. 12, 2014). The Reading Housing Authority owned and operated a mixed-use housing project known as a 20-80 project. Twenty percent of the units were set aside for low income persons. The balance were rented at commercial rates.
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December 15, 2014
Publication - Intellectual Property, Patents
Aaron Lukas, an associate in Cozen O'Connor's Intellectual Property Department, authored an article for Inventors Digest titled ‘Will the Inventor of the Handheld Cash Register Ever Cash-In?’ The article addresses recent rulings in cases involving CardSoft and Teva and changes to how patent validity is decided in patent litigation cases.
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December 11, 2014
Publication - Aviation, Aviation Litigation, Transportation & Trade - Aviation
This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and state governments, airport environmental grants, and de-icing standards for new aircraft. We also provide an update on recent DOT and FAA enforcement actions, plus recent developments in the Pirker v. Huerta case involving the operation of small unmanned aircraft. Additionally, Congress is beginning its deliberations regarding next year’s FAA reauthorization. Finally, two new lawsuits were filed challenging certain airports’ implementation of labor-related rules that airlines and airport service providers contend are preempted under federal law.
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December 11, 2014
Publication - Transportation & Logistics Litigation, Transportation & Trade
Late yesterday, both the U.S. House of Representatives and the U.S. Senate passed S. 2444, the Howard Coble Coast Guard and Maritime Transportation Act of 2014.
In addition to appropriating funds for Federal Maritime Commission (FMC) operations for fiscal year 2015 and limiting the terms of future FMC commissioners, this legislation, if signed into law by the president, would make a potentially significant change in the U.S. Shipping Act of 1984, as amended (the Shipping Act).
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December 09, 2014
Publication - Labor & Employment
So do all those Amazon.com workers filling your holiday orders need to be paid extra for undergoing security screenings at the end of their shift? The U.S. Supreme Court today said no. The Court’s highly anticipated, unanimous ruling emerged from Integrity Staffing Solutions, Inc. v. Busk, a case involving the interpretation of the Portal-to-Portal Act, 29 U.S.C. § 254(a), which exempts employers from FLSA liability for claims based on “activities which are preliminary to or postliminary to” the performance of employees’ principal work duties.
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December 08, 2014
Publication - Real Estate - Real Estate & Construction
Ken Fisher, a member in the firm's Business Law Department, discusses New York City Mayor Bill de Blasio and Governor Andrew Cuomo impact on infrastructure and real estate development in New York City.
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December 04, 2014
Publication - Appellate
In an article titled “U.S. Supreme Court to Consider Federal Procedure Questions,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Stephen Kempa, an associate in the Commercial Litigation Department, discuss several U.S. Supreme Court cases dealing with important issues in the area of federal practice and procedure.
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December 04, 2014
News - Employment Litigation, Labor & Employment
In an article titled ''The Secularization of the Holidays,'' David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the Montgomery County (Maryland) Board of Education’s decision to remove mention of any religious holidays from its 2015/16 calendar and the implications for employers. Government employers and schools operate under different rules than private companies, explained David. Governments must be careful to separate church and state, while private companies must not discriminate based on religion under Title VII of the Civil Rights Act of 1964.
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December 02, 2014
Press Release - Subrogation & Recovery
Cozen O’Connor is pleased to announce that Michael J. Heller has been unanimously re-elected to a second, three-year term as president and chief executive officer of the firm.
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December 01, 2014
News - Employment Litigation, Labor & Employment
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, offers 10 tips employers can follow to avoid potential legal trouble during the office holiday parties.
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December 01, 2014
Publication - Employment Litigation, Labor & Employment
In an article titled “Steps to a Company Party? Eat, Drink and Be Wary,” A. Martin Wickliff, Jr., a member of Cozen O’Connor’s Labor & Employment Department, suggests a number of steps employers should take to minimize potential legal problems when hosting office happy hours and holiday parties.
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December 01, 2014
Publication - Immigration Policy & Strategy, Labor & Employment
On November 20, 2014 President Obama announced a series of executive actions to reform the “broken” immigration system after Congress failed to pass a comprehensive immigration reform bill this year. These initiatives have not been implemented, and U.S. Citizenship and Immigration Services (USCIS) is not accepting any requests or applications at this time. We have been informed that over the next few months, USCIS will issue detailed explanations, instructions, regulations and forms as necessary. While USCIS is not currently accepting requests or applications, anyone who believes that he or she may be eligible for one of the immigration initiatives should prepare by gathering documents that establish his or her: (1) Identity; (2) Relationship to a U.S. citizen or lawful permanent resident; and (3) Continuous residence in the United States over the last five years or more.
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November 26, 2014
Publication - Family Law
Adopting a child is a monumental decision. And if that child is a brother or sister, this situation is further complicated. The relationship changes from sibling to parent and takes on all the responsibilities that accompany that new role.
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