Recent News & Publications
Search News & Publications
February 12, 2015
Publication - Appellate
In an article titled ''Justices Eye Hierarchy of Protected Speech in Street Sign Case,'' Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Leigh Ann Benson, an associate in the Commercial Litigation Department, discuss Reed v. Town of Gilbert, in which the U.S. Supreme Court has an opportunity to overhaul its First Amendment jurisprudence. The Town of Gilbert's sign ordinance was challenged by Good News Community Church and its pastor, Clyde Reed. Good News is a relatively small congregation in Gilbert that meets weekly for fellowship and worship. The church views its signs as ideological while the town considers them to be directional – a distinction that has significant practical effects. Although it seems likely Gilbert's ordinance will be struck down, the more interesting question is whether five Justices will unite around a far-reaching opinion that revamps the court's First Amendment jurisprudence.
Tweet
February 11, 2015
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Adam Stein of the Global Insurance Department discusses private equity funds in the article titled Deep Cover in Best's Review. Limited partner investors in private equity funds and other “passive” institutional investors are being sued in growing numbers, a trend that can be expected to continue as courts in many jurisdictions continue to entertain such suits.
Tweet
February 10, 2015
News
Menachem Kastner, a member of Cozen O'Connor's Commercial Litigation Department, recently obtained a favorable ruling from Manhattan Supreme Court Justice Cynthia Kern on behalf of his clients, Mario Batali and Lidia Bastianich. Mario and Lidia's restaurant, Babbo, was sued by a next door property owner stating that Babbo's air conditioning units and kitchen exhaust pipe were in violation of New York City's building code and that newly installed air conditioning units were too noisy and caused vibrations. Menachem and Amanda climbed to the top of the four story building to take pictures of all the allegedly offending machinery, which played a significant role in the Court's decision. As stated to the press in keeping Babbo open, "Justice was served."
Tweet
February 10, 2015
Publication - Subrogation & Recovery - Insurance
Social media, whether it be posted comments, photographs, video footage or other media, has clearly emerged over the last few years as a new and sometimes generous source of information to assist with recovery efforts. From insureds to possible targets to third-party witnesses, it is clear people are now more accustomed to posting what occurs in their daily lives to their social media accounts, which also necessarily means there is a good chance loss related information has and will continue to find its way into the world of social media. But often times, What is and what is not discoverable when it comes to “social media”? is a question that gives insurance claims professionals and their subrogation counsel a moment of pause when litigating a subrogation claim and considering whether to explore social media as source of useful information. Three recent cases in Florida, provide further guidance on how far a litigant can go in seeking discovery of social media.
Tweet
February 10, 2015
Publication - Tax
A panel of the Commonwealth Court held that a tax sale of owner-occupied property was void because of the failure of the sheriff to include a copy of the notice of the tax sale with affidavits filed in the proceeding. Montgomery County Tax Claim Bureau v. Queenan, No. 209 C.D. 2014 (Pa. Commw. Jan. 12, 2015). The owner had actual notice of the tax sale in advance of the sale. Notwithstanding, the Court held that the failure of the Sheriff to include a copy of the notice did not meet the mandatory requirement of the statute in 72 P.S. §601(a)(3). The tax sale of owner-occupied property requires stricter requirements than requirements of notice to property owners generally under 72 P.S. §5860.602.
Tweet
February 10, 2015
Publication - Products Liability
In an article titled ''Lacrosse Equipment Manufacturers Facing Challenges,'' James Heller, chair of Cozen O'Connor's Products Liability Practice Group, and Christopher Passavia, an associate in the Commercial Litigation Department, discuss the National Operating Committee on Standards for Athletic Equipment (NOCSAE) and their abrupt announcement in November 2014 that it had voided the manufacturer's certification of two of the nation's most popular lacrosse helmets (Cascade's R model and Warrior's Regulator model). The announcement quickly led to the filing of two putative class action consumer lawsuits against Cascade, one of which is pending in the U.S. District Court for the Eastern District of Pennsylvania, and a lawsuit by NOCSAE against Warrior in federal court in Missouri.
Tweet
February 09, 2015
News - Appellate, Subrogation & Recovery
Cozen O’Connor attorneys recently interviewed imprisoned former Al Qaeda operative, Zacarias Moussaoui, after Moussaoui wrote to the presiding judge requesting the opportunity to testify in the 9/11 lawsuit against Saudi Arabia. In his sworn statement to Cozen O'Connor attorneys at the “Supermax” prison in Colorado, Moussaoui testified that prominent members of Saudi Arabia’s royal family were donors to bin Laden’s terrorist organization in the late 1990s. His testimony has sparked renewed interest in the evidence Cozen O’Connor has developed in support of the claims against the desert Kingdom.
Tweet
February 09, 2015
Publication - White Collar Defense & Investigations
Nicole Sprinzen, a member of Cozen O’Connor’s Criminal Defense & Internal Investigations practice, discusses the crime-fraud exception’s reach in the context of a case in which the Third Circuit affirmed a decision requiring an attorney to testify in a grand jury investigation into his former client’s potential violations of the Foreign Corrupt Practices Act (FCPA).
Tweet
February 09, 2015
News - Intellectual Property
In an article titled "Q&A: Minus the flak jacket, attorney joins raid on fake goods," David Sunshine, member of Cozen O'Connor's Intellectual Property Department, discusses a U.S. Customs and Border Protection raid that he participated in on behalf of one of his clients.
Tweet
February 07, 2015
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 fire hazards in an apartment building, and how residents can handle these issues with their board.
Tweet
February 05, 2015
News - White Collar Defense & Investigations
In an article titled “Lawmaker Brings Prosecutorial Perspective to Assembly,” J. Bruce Maffeo, a member of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, discusses former Eastern District prosecutor, now New York State Assemblyman, Todd Kaminsky. “Basically if I had to describe him I'd say brash but honorable,” said J. Bruce Maffeo, a lawyer who represented former hip-hop manager Jimmy (Henchman) Rosemond during a murder-for-hire trial in 2014, when Kaminsky was still a prosecutor, that resulted in a hung jury. Maffeo described Kaminsky as "somewhat informal," a departure from the traditional prosecutor.
Tweet
February 05, 2015
News - Employment Litigation, Labor & Employment
In an article titled “Increase Responses to Disability Self-Identification Form,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses the new affirmative action regulations under Section 503 of the Rehabilitation Act that took effect in 2014. They require that contractors invite applicants to self-identify as individuals with disabilities at both the pre-offer and post-offer phases of the application process, using language prescribed by the Office of Federal Contract Compliance Programs. The regulations also require that contractors invite their employees to self-identify as individuals with disabilities every five years. The disability self-identification form gives employees an opportunity to start conversations about needed reasonable accommodations without fear of retaliation, observed Debra.
Tweet
February 04, 2015
News - Family Law
Jennifer Brandt, a member in the firm's family law group, appeared on Fox 29 Good Day Philadelphia to discuss the legal battle over actor Robin Williams' estate.
Tweet
February 02, 2015
Publication - Employment Litigation, Labor & Employment
In an article titled ''Complaints from Transgender Employees by the EEOC: How Can a Company Prepare & Respond?'' Jason Cabrera, an associate in Cozen O’Connor’s Labor & Employment Department, discusses how companies should prepare for and learn how to respond to Title VII claims from transgender employees given the Equal Employment Opportunity Commission’s recent enforcement actions in fall 2014.
Tweet
February 01, 2015
Publication - Condominiums & Cooperatives, Real Estate
Leni Morrison Cummins, a member in the firm's Real Estate Group, answers a question discussing parking garage issues in an apartment building.
Tweet
January 29, 2015
Publication
In an article titled ''The PA Supreme Court makes decisive eminent domain ruling,'' Michael Klein, co-chair of Cozen O’Connor’s Energy Industry Team, discusses Pennsylvania’s Property Rights Protection Act and how investor-owned water utilities are not regulated under the Act, but remain subject to the Eminent Domain Code and applicable case law that provide restrictions on their exercise of the right of eminent domain.
Tweet
January 29, 2015
Publication - Utility & Energy
In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to focus on its core environmental mission while taking advantage of PUC’s historic ratemaking expertise. The PUC originally regulated water and sewer rates, and the agency historically has regulated rates and services of electric and telecommunications companies in areas where competition was weak or nonexistent. According to Darryl Tietjen, director of Rate Regulation for the PUC, one of the basic objectives of the move is to make water regulation more consistent with the way electric utilities are regulated.
Tweet
January 28, 2015
News - Employment Litigation, Labor & Employment
In an article titled ''How to not get sued when cutting jobs at your office,'' David Barron, a member of Cozen O'Connor's Labor & Employment Department, discusses five basic steps employers should take before they move forward with job terminations.
Tweet
January 28, 2015
Publication - Commercial Litigation, Products Liability
Shelby Riney, of the firm's Commercial Litigation Department, authored, "District Court Denies Takeda's Motion for a New Trial," for the ABA Section of Litigation, Products Liability, News & Developments.
Tweet
January 27, 2015
News - Tax
Joseph C. Bright, a member in the firm's tax group, speaks about how Pennsylvania's taxing authorities and bureaus are held to strict rules when it comes to notice of tax sales, and how the Commonwealth Court has cracked down on some authorities in recent cases.
Tweet