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June 19, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
In a recent case before the U.S. District Court for the Central District of Illinois, the court held that jail employees were not entitled to coverage for sexual molestation of an inmate under the law enforcement coverage part of the jail’s liability insurance policy. In so holding, the court declined to apply an expansive interpretation to the policy’s “arising out of” language.
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June 18, 2013
News - White Collar Defense & Investigations
In an article titled, "Anti-Corruption as a Cottage Industry: Rise in FCPA Enforcement Generates Heavy Workloads for Outside Counsel," Stephen Miller of the firm's Commercial Litigation Department discusses the benefits of using lawyers with experience in government when seeking counsel on FCPA-related matters.
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June 18, 2013
Publication
In April, attorney Ross Booher participated in an Association of Corporate Counsel conference in New Orleans, speaking to 100 or so general counsel and corporate compliance officers about the Federal Corrupt Practices Act and what it means to US companies. He noticed that there were more attendees than there were when he spoke at last year’s confab, and that the questions he fielded from the audience were more sophisticated than last year.
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June 17, 2013
News - Labor & Employment
A. Martin Wickliff, Jr. has been recognized among “The Nation’s Most Powerful Employment Attorneys – Top 100” by Human Resource Executive magazine. The list is compiled based on evaluations by clients and peers, as well as independent research by Human Resource Executive and Lawdragon, a nationally recognized networking site for lawyers and clients. The list honors “lawyers who represent excellence in their craft and profession and have made the greatest impact in the prior year.
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June 14, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
The U.S. Court of Appeals for the 2nd Circuit recently eliminated the foundation for policyholders’ arguments in favor of “functional exhaustion.” In Ali v. Federal Insurance Co., No. 11-5000-cv (2d Cir. June 4, 2013), the 2nd Circuit held that functional exhaustion as permitted in the 1928 decision in Zeig v. Massachusetts Bonding & Ins. Co., 23 F.2d 665 (2d Cir. 1928) does not apply to excess liability policies.
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June 14, 2013
Publication - Bad Faith, Insurance Coverage - Insurance
The New York Court of Appeals, New York’s highest state court, recently held – in what appears to be a new position in New York – that an insurer that breached its duty to defend could not later rely on otherwise applicable exclusions to deny coverage for indemnification.
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June 13, 2013
Publication - Appellate, Hatch-Waxman & Biologics
The U.S. Supreme Court is presently considering whether federal law pre-empts state design-defect claims targeting generic pharmaceutical products. Just two years ago, the court insulated generic-drug manufacturers from state-law failure-to-warn claims. It seems doubtful that any of the justices in that majority will treat this case differently, and, thus, generic drugmakers may soon enjoy a new immunity.
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June 12, 2013
Publication - Bad Faith, Insurance Coverage - Insurance
On certification from the U.S. District Court for the Northern District of Alabama, the Supreme Court of Connecticut recently issued an opinion holding that an insurer’s bad faith conduct in the investigation of a third-party liability insurance claim does not provide a basis for recovery under Connecticut law. Capstone Bldg. Corp. v. Am. Motorists Ins. Co., 2013 Conn. LEXIS 187 (Conn. June 11, 2013).
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June 12, 2013
Publication - Bankruptcy, Insolvency & Restructuring
Barry Klayman and Mark Felger discuss the recent bankruptcy court decision in The Majestic Star Casino LLC v. Barden Development, specifically the case's expansive view of what constituted property of the debtor's estate.
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June 11, 2013
Publication - Subrogation & Recovery
The Supreme Court of Florida answered in the negative a certified question asking whether the economic loss rule bars an insured’s suit against an insurance broker where the parties are in contractual privity with one another and the damages sought are solely economic losses.
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June 10, 2013
News
In a Father's Day themed article, Life Publications highlights Simeon Brier of the firm's Miami and West Palm Beach offices among their chosen "Power Pops." The individuals included were selected from multiple nominations of local men who exemplified Life Publications' definition of a Power Pop.
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June 10, 2013
News - Insurance Coverage - Insurance
In an article titled, "2nd Circuit Walls Off Favored Path To Early Excess Coverage," Angelo Savino (New York, NY) of the Global Insurance Group comments on the topic of the Second Circuit last week gutting a key precedent that policyholders have long used to argue that excess liability insurers should drop down and pay for losses not covered by lower-level carriers, drawing narrow boundaries around an influential 1928 decision in ruling against the officers of bankrupt technology company Commodore International Ltd.
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June 08, 2013
Publication - Family Law
Ready to file for divorce? Once you’ve made the difficult decision to go through with it, it’s time to figure out what’s next. Avoid a long, emotional ordeal by knowing what lies ahead and by taking action.
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June 07, 2013
News - White Collar Defense & Investigations
Barry Boss (Washington, D.C.) of the firm's Criminal Defense & Internal Investigations Practice Group in featured in the Daily Report regarding the most recent allegations of performance-enhancement drug use in major league baseball. The article titled, "Big Firms Score Baseball Drug Clients," notes Barry's representation of Detroit Tigers shortstop Jhonny Peralta.
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June 07, 2013
News - White Collar Defense & Investigations
Joseph Dever, a member of Cozen O'Connor's Commercial Litigation Department, was interviewed by Law360 regarding both his current practice as well as his experience with the SEC.
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June 06, 2013
Publication - Corporate
In a recent case before the Delaware Supreme Court, SigaTechnologies v. PharmAthene, the court upheld a Delaware Chancery Court’s ruling that an express agreement between parties to negotiate in good faith, even if the subject of the negotiation is embodied in a non-binding term sheet, is enforceable.
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June 05, 2013
Press Release - Insurance Coverage, Subrogation & Recovery
WASHINGTON, D.C. – IMPACT and the National Bar Association (NBA) will honor the “Nation’s Best Advocates: 40 Lawyers Under 40″ at a special awards gala on Saturday, July 27, 2013 during NBA’s 88th Annual Convention in Miami, Florida.
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June 04, 2013
News - Business, Subrogation & Recovery
The Legal Intelligencer announced Cozen O’Connor is among the top law firms recognized in its first ever Best Law Firm Corporate Practices contest. Submissions highlighted work done in the commonwealth and throughout the country by Pennsylvania lawyers.
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June 04, 2013
Press Release - Bankruptcy, Insolvency & Restructuring, Business, Corporate, Labor & Employment, Mergers & Acquisitions, Real Estate, Real Estate Finance, Subrogation & Recovery
The firm announced it is opening a Minneapolis office with transactional and commercial litigation attorneys from Hinshaw & Culbertson, LLP. Thomas Wallrich, Steven Silton, Thomas Kane, Peter Crema, Nadia Hasan, Heather Marx, Joel Nesset and Kristi Zentner are all joining the firm as members.
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June 04, 2013
News - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
In an article titled, "Ex-Goldman VP Tourre loses bid to narrow SEC fraud case," Angelo Savino (New York, NY) of the firms Global Insurance Group discusses Former Goldman Sachs Group Inc. Vice President Fabrice Tourre losing a bid to limit a U.S. Securities and Exchange Commission civil fraud case against him over a transaction that led to a $550 million settlement by the Wall Street bank.
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