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Zogenix's Battle with the Commonwealth of Massachusetts Continues [Drug and Device Law]

March 23, 2015

Publication - Products Liability

John Sullivan discusses the latest decision in Zogenix, Inc. v. Baker, in which the Commonwealth of Massachusetts has tried to regulate Zohydro ER, an extended release hydrocodone drug product that was approved by the FDA in 2013.


David Heffernan discusses Industry Reaction to FAA's Drone Proposals

March 18, 2015

News - Aviation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones

David Heffernan of the Transportation & Logistics Practice Group and co-chair of the Aviation Industry Team, discusses Industry Reaction to FAA's Drone Proposals in this San Diego Daily Transcript article "Industry Has Mixed Reaction to FAA's Drone Proposals."


Delaware Bankruptcy Court Applies “Unforeseeable Business Circumstances Exception” and Holds that Estate Has No WARN Act Liability [American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter]

March 17, 2015

Publication - Bankruptcy, Insolvency & Restructuring

When a business is in financial distress, the breaking point sometimes comes with little or no warning. An event such as a termination of funding, the falling through of a crucial transaction, or the loss of a key customer can be difficult to predict, and may result in a distressed business being forced to cease operations abruptly, without providing its workers with the advance notice required under the Federal WARN Act.


The Treatment of Confidential Material Across Collateral Litigation [Drug and Device Law]

March 16, 2015

Publication - Products Liability

John Sullivan discusses collateral litigation and companies who find themselves in difficult court battles to protect confidential, business-sensitive information from public disclosure.


Next Generation ACOs: CMMI Doubles Down on the Two-Sided Risk ACO Model [Health Law Alert]

March 16, 2015

Publication - Health Care & Life Sciences - Health Care & Life Sciences

While one part of the Affordable Care Act, exchange subsidies, hangs in the balance with the Supreme Court’s upcoming decision in King v Burwell, CMS is moving forward aggressively with the evolution of a less controversial ACA-created innovation, the Medicare ACO.


Sports Law Seminar Covered by Washington Post, Boston Herald

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."


David Heffernan Discusses Future of Drone Regulations at The Air & Space Law Symposium

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.


Inverse Condemnation: Benefits and Drawbacks [Subrogation & Recovery Alert]

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.


White House Imposes Sanctions on Venezuela [Transportation & Logistics Alert]

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.


Lynnette Espy-Williams Named One of Savoy Magazine’s 2015 Most Influential Black Lawyers

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.


US Supreme Court Confronts Testimony in Child Abuse Cases [The Legal Intelligencer]

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.


Jennifer Brandt Appears on Good Day Philadelphia to Discuss Marvin Gaye/Robin Thicke Lawsuit

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.


Court Adopts Narrow View of Exception to Borrowing Statute [Delaware Business Court Insider]

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).


A Victory Well Won [Drug and Device Law]

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.


A. Martin Wickliff, Jr. Featured in Law360’s Minority Powerbrokers Series

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.


Jennifer Brandt Appears on Fox News to Discuss Man Who Burned Himself Praying Over Fajitas

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.


Ken Fisher Quoted in Crain's New York Regarding Halletts A Development Co. Project in Queens, NY

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


New Limits to Bankruptcy Standing in the Seventh Circuit

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.


Leni Morrison Cummins Quoted in The Cooperator on Who Pays for a Water Leak in Co-op

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.


Courts Clarify Scope of Privilege for Internal Corporate Investigations [DRI: Professionalism Perspectives]

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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