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May 01, 2013
Publication
Many have been there. Your department receives notice of an accident, a copyright dispute arises, or an employee files a claim with your local employment commission as precursor to a claim for benefits or discrimination. Your first thoughts are, "Will you be sued, and what is the likelihood of success?"
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May 01, 2013
News - Business
In an article titled, "Midtown West, Tribeca, Chelsea Rank as Manhattan 'Hoods with Steepest Inventory Plunge," Ken Fisher of the firm's Business Law Department is quoted with regards to surging residential sales in New York City. Ken notes, "Low crime rates, improved subways and more family-friendly amenities are among the factors fueling the city’s popularity."
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May 01, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Angelo Savino, chair of the professional liability practice in Global Insurance, published an article in Best's Review addressing the issue of claims having decreased but D&O insurers face a potentially volatile underwriting landscape. To read the complete article click here.
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May 01, 2013
Publication - Insurance Coverage - Insurance
In DRI’s For The Defense, Jonathan Toren of the Global Insurance Department is co-author of this article, “Retained Limits, Deductibles, and Self-Insurance. “ The last few years have been challenging for insurers and policyholders alike. As the economy has faltered and competitive pressures have increased, many companies have tried to restructure their insurance programs to reduce premium outlays. Insurers, meantime, have looked for ways to manage their limits more conservatively.
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May 01, 2013
Publication
It may be surprising to hear that there are two categories of expert witnesses under the Federal Rules of Civil Procedure, and that the scope of discovery available from each is different. Indeed, before 2010, the federal rules addressed only a single class of expert witnesses: experts who were required to produce a written report.
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April 30, 2013
Publication - Health Care & Life Sciences, Intellectual Property, Patents - Health Care & Life Sciences
A variety of patent issues arise from the act’s Biologics Price Competition and Innovation Act.
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April 26, 2013
Publication - Insurance Coverage
On Feb. 15, 2013, a Pennsylvania federal district court held that the shipment of defective drywall from China to the United States constituted one “occurrence” for purposes of insurance coverage, and the occurrence took place when the damage caused by the drywall manifested itself in the residences or buildings of the underlying plaintiffs.
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April 26, 2013
News
Bob Hayes, Jordan Fox, and Rebecca Brodey were successful in persuading the United States District Court for the Eastern District of Virginia to dismiss Grammy nominated rapper Wiz Khalifa’s claim that our concert promoter client breached a promotional agreement by cancelling a Washington area concert.
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April 24, 2013
Publication
The theory of recovery for unjust enrichment is based on a contract implied-in-law, or a quasi-contract. Generally, a claim for unjust enrichment cannot be based on an express contract, and thus, by definition, there is an absence of privity between the parties. There must, however, be a connection between the parties, such as a benefit conferred on the party to be charged.
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April 24, 2013
Publication
Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and corporations don't have the right to plead the Fifth Amendment at an organizational level. However, with governmental investigations of varying types on the rise, and in-house counsel advising the corporation and preparing witnesses for participation in these investigations, the Fifth Amendment and its protections are an important tool in protecting the company and its employees from self-incrimination.
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April 24, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Earlier this month the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made professional liability policy.
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April 24, 2013
Publication
Where an express contract exists, a claim exists for breach of the implied covenant of good faith and fair dealing, but the claimant cannot also recover under a theory of unjust enrichment. Although a claimant cannot recover for both breach of the implied covenant and unjust enrichment, both claims may be pled separately and simultaneously as alternate forms of relief.
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April 24, 2013
Publication
If no express contract for services exists, the party providing services has two potential remedies. First, if the party receiving the benefit of the services had not assented to an agreement, the party providing services nevertheless may receive restitution for the unjust enrichment of the other by bringing an action in quasi contract (a contract implied-in-law) for services rendered, where there was an expectation that the service would be paid for and it would be unjust for the other party to receive the benefit of the services without paying compensation. Second, if the parties lack an express contract but there is a partial agreement, which for some reason falls short of being an enforceable contract, a party may recover in quantum meruit on a (contract implied-in-fact) for the reasonable value of the services rendered.
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April 24, 2013
Publication - Appellate
Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to agency decision-making. Without that deference, people and corporations would often have an incentive to try to impair (or at least delay) agencies' actions through court challenges.
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April 23, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage
Angelo Savino, chair of the professional liability practice in Global Insurance, was quoted in Law 360’s article, “News Corp.’s $139M Deal May Make for Pricier D&O Coverage.” The article by Bibeka Shrestha discusses the record-breaking settlement by News Corp which has its insurers picking up the tab for the $139 million settlement that ends shareholder derivative litigation over its phone hacking scandal, likely sending other carriers scrambling to rethink the pricing and design of their directors and officers policies. Click here to read the full article and Angelo’s comments.
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April 23, 2013
News
In an article titled, "Co-Client Relationship Between Insurer and Insured Not Automatic," Thomas G. Wilkinson of the firm's Commercial Litigation Department discusses the circumstances to which the co-client privilege applies, as well as the implications of the CAMICO Decision.
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April 22, 2013
Press Release - Government Relations - Cozen O'Connor Public Strategies
Dwayne Andrews has joined the New York office of Cozen O’Connor Public Strategies, bringing with him public policy experience in education, transportation and telecommunications.
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April 19, 2013
News - Subrogation & Recovery
O’Connor will be awarded an honorary degree from Villanova University in recognition for both his personal and professional achievements, as well as the generosity and commitment he has shown to the broader Villanova community.
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April 19, 2013
News - Condominiums & Cooperatives, Real Estate
Leni Morrison Cummins, a member in the firm's Real Estate Group, participates in a Q&A in the New York Times regarding whether a co-op board can prevent someone who inherited a co-op from transferring the shares into their name.
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April 19, 2013
News - Subrogation & Recovery
As part of its 170th Anniversary, the Legal Intelligencer chose some of the most important members of the legal community who have helped shape the law in Pennsylvania, including one of the firm's founders Stephen Cozen.
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