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March 16, 2015
News - Sports
Cozen O’Connor’s “2015 Sports Law for Rookies and Veterans” in Eden Roc Miami Beach generated a buzz in the NBA community regarding the National Basketball Players Association interest in having the age limit to go pro lowered in the next round of collective bargaining. General Counsel for the NBPA Gary Kohlman spoke at the conference saying that it is “quite likely the union will be taking a radically different position” than the NBA on the age issue. NFL Players Association Executive Director, DeMaurice Smith, was also on hand to discuss his expectations on the upcoming NFLPA elections that took place in Hawaii on March 15, he was hoping to be elected to his third term (ESPN’s Adam Schefter confirmed DeMaurice Smith was re-elected). "I have a boring job," Smith said. "My job is far more dictated every day by law, regression analysis, budgets, salary, perspective, opinions about where the economy's going to go and the cap. That's a pretty boring job — but I dig it."
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March 13, 2015
News - Aviation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones - Aviation
David Heffernan of the Transportation and Logistics Practice Group and co-chair of the Aviation Industry Team presented on drones at the Air Law Institute 2nd Annual Air & Space Law Symposium on San Diego, CA March 13-14, 2015. San Diego Channel 6 News interviewed a few of the presenters at the Symposium to discuss the future of drone regulation.
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March 12, 2015
Publication - Subrogation & Recovery
Inverse Condemnation law is a doctrine that arises out of the “takings clauses” set forth in state and federal constitutions. Specifically, Article I, Section 19 of the California Constitution prohibits private property from being taken or damaged for public use without just compensation to the owner. The “taking” or “damage” can occur when the public entity causes physical damage to the property with, or without, an actual invasion by the public entity. San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893. Fortunately, the protections afforded by the constitutional provisions are also available to the subrogees of property owners in California.
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March 12, 2015
Publication - International, Transportation & Trade
On March 9, 2015, pursuant to authority contained in the recently enacted Venezuela Defense of Human Rights and Civil Society Act (Act), President Obama issued an executive order (EO) declaring a national emergency with respect to Venezuela. The EO cites ongoing public corruption, oppression of political opponents, curtailment of Venezuela’s free press, and violent human rights abuses in Venezuela that pose a threat to U.S. security and foreign policy and directs the imposition of targeted economic sanctions.
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March 12, 2015
Press Release
Lynnette D. Espy-Williams, a member of Cozen O’Connor’s Global Insurance Department and vice office managing partner of the firm’s Atlanta office, is featured in the Spring Issue of Savoy on its 2015 Most Influential Black Lawyers list. The listing comprises the “best of the best” of Black lawyers that are partners within leading national law firms and also corporate counsel from Fortune 1000 corporations.
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March 12, 2015
Publication - Appellate
In an article titled “US Supreme Court Confronts Testimony in Child Abuse Cases,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Kathryn Young, an associate in the Commercial Litigation Department, discuss how child abuse cases are difficult to prosecute because there are often few witnesses and those witnesses are often very young. The question whether those young witnesses must testify about their abuse in court, therefore, has great practical and constitutional importance.
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March 11, 2015
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Group, was a guest on Good Day Philadelphia to discuss the lawsuit of Marvin Gaye's estate against singer Robin Thicke and producer Pharrell Williams in the claim that Thicke's song "Blurred Lines" copied Gaye's music. Gaye's estate was awarded $7.4 million.
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March 10, 2015
Publication - Bankruptcy, Insolvency & Restructuring
Barry M. Klayman and Mark E. Felger, members in the firm's Wilmington office, published an article in the Delaware Business Court Insider titled "Court Adopts Narrow View of Exception to Borrowing Statute." The article discusses Delaware's borrowing statute and statute of limitations, and specifically the case of Saudi Basic Industries v. Mobil Yanbu Petrochemical, 866 A.2d 1 (Del. 2005).
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March 09, 2015
Publication - Products Liability
John Sullivan discusses Lewis v. Johnson & Johnson, in which the defendant calmly and effectively pressed their legal and factual arguments, won a partial victory before trial, continued to press its position on the law and facts at trial until it won a direct verdict, and successfully had it all upheld on appeal.
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March 09, 2015
News - Labor & Employment
A. Martin Wickliff, Jr., a member of Cozen O’Connor’s Labor & Employment Department in Houston, was recently featured in Law360’s Minority Powerbrokers series in recognition of his leadership in championing diversity and inclusion in the legal profession. In a Q&A with Law360, Marty shares his perspective on breaking into the legal profession and offers advice to law firms seeking to increase diversity in their ranks.
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March 06, 2015
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Group, was a guest on Fox News to discuss the lawsuit of a man who attempted to sue Applebee's after burning himself while praying over a hot plate of fajitas.
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March 05, 2015
News - Government & Regulatory, Government Relations - Cozen O'Connor Public Strategies, Real Estate, Zoning, Land Use & Development
Ken Fisher Quoted in Crain's New York Regarding Halletts A Development Co. Project in Queens, NY
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March 05, 2015
Publication - Bankruptcy, Insolvency & Restructuring
David Doyle co-authored an article published by the American Bar Association advising readers why the court limited the scope in the context of a debtor's attempt to settle with its primary insurer.
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March 05, 2015
News - Condominiums & Cooperatives, Real Estate
Leni Morrison Cummins, a member in the firm's Real Estate Group, is quoted in The Cooperator, on an article discussing the answer of who pays for a water leak in a cooperative apartment.
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March 04, 2015
Publication - White Collar Defense & Investigations
In an article titled “Courts Clarify Scope of Privilege for Internal Corporate Investigations,” Thomas Wilkinson and Tamar Wise, members of Cozen O’Connor’s Commercial Litigation Department, discuss a wave of recent cases which have clarified the scope of the attorney-client and work-product privileges in the context of internal corporate investigations.
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March 04, 2015
Publication - Tax
A panel of the Commonwealth Court affirmed a decision that an assessment board correctly increased the use value of properties enrolled under the Clean and Green program, notwithstanding that the increased use values exceeded the certified market values. Herzog v. McKean County Board of Assessment, No. 413 C.D. 2014 (Pa. Commw. Jan. 27, 2015). The court rejected the argument that the assessor did not have the power to increase the use value of the properties after they were enrolled in the program.
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March 03, 2015
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Group, was on Fox 29 News to discuss the arrest of a Narberth man who allegedly secretly filmed women in their homes and in the dressing rooms at King of Prussia stores. He is being charged with multiple counts of invasion of privacy, criminal use of a communication device, trespass and other related crimes.
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March 03, 2015
Publication - Health Care & Life Sciences - Health Care & Life Sciences
On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, (EMTALA). See 2015 BL 45710, M.D. Pa., No. 4:14-cv-2393 (Feb. 23, 2015). Plaintiffs, a husband and wife, alleged that the medical team managing Brian Baney’s care at Mount Nittany Medical Center should have immediately arranged for his transport to another hospital when he received an esophageal injury following an elective neurosurgical procedure at Mount Nittany Medical Center, and that the team’s care of Baney amounted to a failure to properly stabilize and properly manage Baney’s injury as required under EMTALA. However, the Baney court (citing to Torretti v. Main Line Hospitals, Inc., 580 F.3d 168, 174-75, 177 (3d Cir. 2009), dismissed the plaintiffs’ EMTALA claim with prejudice because the claim “did not fit within EMTALA’s scope.”
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March 02, 2015
Publication - Products Liability
John Sullivan discusses McDowell v. Eli Lilly, in which plaintiff motioned for reconsideration, only to have the judge state the product's label contained sufficient warning and upheld judgment for the defendant.
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March 02, 2015
Press Release - Bankruptcy, Insolvency & Restructuring
Cozen O’Connor is pleased to announce that it has expanded its Bankruptcy, Insolvency, and Restructuring Practice Group with the hiring of Frederick E. (Erik) Schmidt, Jr. as a member. Eric was previously a partner with Herrick, Feinstein’s Bankruptcy and Corporate Restructuring Group.
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