Edward Weisz Discusses New Software Systems Employed by the USPTO in FedScoop Article

News - Intellectual Property, Patents, Trademark & Copyright

In an article titled "Patent Office CIO Aims for Culture Change Amid Systems Updates," Edward Weisz, a member of Cozen O'Connor's Intellectual Property Department discusses the benefits of new software systems employed by the US Patent and Trademark Office.

Menachem Kastner and Ally Hack Cited in Judge’s Opinion

News

Judge Mella of the Surrogate’s Court of the State of New York, New York County, cited to an article written by Menachem Kastner and Ally Hack, members of Cozen O’Connor’s Commercial Litigation Department, titled “To Eject or Evict – a Lease’s ‘Conditional’ Dilemma” from the New York Law Journal in 2010.

Preparing a Client for Settlement [Family Advocate]

Publication - Family Law

Settling a divorce case is no easy task. It requires parties who are at odds with each other to come together for their mutual benefit. These parties must set aside their emotions and look at their economic situation in a detached, business-like manner. The attorneys advising these parties play a monumental role in convincing them to set aside their devastation, anger, and, perhaps, regret and focus on resolution. Both parties must have this same mindset to reach consensus. Timing is also key.

Michael de Leeuw Discusses 2015's Securities Cases to Watch in Law360

News - Securities Litigation & SEC Enforcement

In an article titled ''Securities Cases To Watch In 2015,'' Michael de Leeuw, a member of Cozen O’Connor’s Commercial Litigation Department, comments on the closely watched Supreme Court case Omnicare Inc. et al. v. Laborers District Council Construction Industry Pension Fund et al. and the Second Circuit’s recent decision in US v. Newman et al.

2014/2015 Labor and Employment Observer

Publication - Labor & Employment

The 2014/2015 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2015.

Social Media Posts Take Center Stage at U.S. Supreme Court [The Legal Intelligencer]

Publication - Appellate

In an article titled “Social Media Posts Take Center Stage at U.S. Supreme Court,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Alexa Sebia, an associate in the Commercial Litigation Department, discuss United States v. Elonis, in which the U.S. Supreme Court will attempt to define when comments made on social media platforms cross the line from protected free speech to criminal activity. The case arose in our own Eastern District of Pennsylvania. Anthony Elonis posted violent rap lyrics and graphic messages on Facebook about his estranged wife, co-workers and an FBI agent. The communications were objectively threatening, but the relevant question is whether that speech is protected if the government cannot prove that the speaker intended to act on the threat.

Third Circuit Further Clarifies Class Action Certification Law [The Legal Intelligencer]

Publication - Appellate

The U.S. Court of Appeals for the Third Circuit recently denied class certification in a consumer fraud case. In Grandalski v. Quest Diagnostics, No. 13-4329 ((3d. Cir. Sept. 11, 2014), the court affirmed a trial court order denying certification of a nationwide class of consumers allegedly overcharged by the defendant. The opinion is instructional on current class action law and underscores the rigor with which trial courts are expected to analyze motions for class certification.

Pennsylvania Supreme Court Rules Statutory Bad Faith Claims are Assignable [Global Insurance Alert]

Publication - Bad Faith, Insurance Coverage - Insurance

On December 15, 2014, the Supreme Court of Pennsylvania held that bad faith claims brought pursuant to 42 Pa. C.S. § 8371 may be assigned by an insured to an injured third party under Pennsylvania law. See Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014 (Pa. Dec. 15, 2014).

Subrogation and Recovery for Extreme Winter Weather Losses [Subrogation & Recovery White Paper]

Publication - Subrogation & Recovery

Pennsylvania High Court Rules First Manifestation Trigger Applies to Property Damage Claims [Global Insurance Alert]

Publication - Insurance Coverage - Insurance

The Pennsylvania Supreme Court in Pennsylvania Nat’l Mut. Cas. Ins. Co. v. St. John, et al., 2014 WL 7088712 (December 15, 2014), has affirmed that a first manifestation trigger applies to property damage claims under a CGL policy, triggering the single policy in effect when damage first manifests. St. John also confirmed that the multiple or continuous trigger adopted in J.H. France Refractories v. Allstate Ins. Co., 534 Pa. 29 (1993), which triggers all policies on a risk from exposure through manifestation, is unique to claims involving asbestos or other similarly latent diseases.

Joseph Dever Discusses the SEC's Policing of the Municipal Debt Market in The Wall Street Journal

News - Securities Litigation & SEC Enforcement

In an article titled “SEC Tightens Policing of Municipal Debt Market,” Joseph Dever, a member of Cozen O’Connor’s Commercial Litigation Department, discusses the Securities and Exchange Commission’s oversight of the municipal debt market and its new initiative that encourages municipalities as well as their bankers to come forward with instances in which they included misleading information in their bond-offering documents. The terms of the program entail favorable settlements for the municipalities and banks, but not for individuals who may be banned from the market for their involvement in the alleged fraud.

Jennifer Brandt Named a ''2014 Top Attorney'' By Suburban Life

Press Release - Family Law

Jennifer Brandt, a member of Cozen O'Connor's Family Law Practice Group and editor of the blog ''Family Law Focus,'' was selected by Suburban Life Magazine as one of their 2014 ''Top Attorneys.'' Jennifer has built an active family law practice, representing parties in divorce, custody, and support/alimony matters throughout both Pennsylvania and New Jersey. Her involvement in family law litigation extends to both the trial court and appellate levels. She also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients.

U.S. Announces Major Policy Shift on Cuba [Transportation & Logistics Alert]

Publication - Transportation & Trade

On December 17, 2014, President Obama announced the beginning of major reforms regarding the relationship between the United States and Cuba. In a statement made from the White House, President Obama announced that the country would end its “outdated approach” to Cuba and begin to normalize relations between the two countries.

Department of Labor Targeting Oil and Gas Contractors [Breaking Energy]

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.

Railroad Transloading Facility Taxable [Tax Alert]

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.

The Crime Fraud Exception to Attorney-Client Privilege [The Legal Intelligencer]

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.

SEC Quietly Seeks Industry Bars Against Muni Officials [The Bond Buyer]

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.

5 tips for dealing with a divorce during the holidays [Avvo's Naked Law Blog]

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.

An Overview of Recognizing and Enforcing Foreign Judgments in Canada [Subrogation & Recovery Alert]

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.

Cozen O’Connor Strikes Major Victory in PA Supreme Court

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.