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January 02, 2014
Publication
In two cases this term, the U.S. Supreme Court will decide the extent to which federal courts should defer to the decisions of other tribunals. Its decisions will have a substantial effect on the role of the federal courts in relation to state proceedings and in reviewing the decisions of international arbitration panels.
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January 01, 2014
Publication - Labor & Employment
We are pleased to provide you with our 2013/2014 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2014.
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December 30, 2013
Publication - Insurance Coverage, Subrogation & Recovery
The Cozen O’Connor London of is pleased to provide you with our 2013 Year In Review, a newsletter discussing select cases in insurance coverage, subrogation, dispute resolution and commercial matters.
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December 27, 2013
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Department, was on Fox News this morning to discuss the Texas man charged with a hate crime for breaking a man’s jaw while playing the “knockout game.”
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December 26, 2013
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Department, was on the O’Reilly Factor last night on the Fox News Network.
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December 23, 2013
News - Subrogation & Recovery
As reported by various news outlets including the Chicago Tribune, a U.S. Appeals Court revived the case of the families of victims of 9/11 against Saudi Arabia, reversing a lower court’s ruling that dismissed the claims in 2005. The decision in the 2nd Circuit follows a 2011 decision that allowed similar claims to proceed against Afghanistan.
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December 23, 2013
Publication - Antitrust & Competition, Government & Regulatory, White Collar Defense & Investigations
As the formulas from Part 1 demonstrate, OFAC’s regulations strongly incentivize cooperation to reduce a violator’s penalty. The next section examines a few recent enforcement actions in which companies have taken advantage of these regulatory formulas to minimize penalties resulting from violations.
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December 20, 2013
Publication - Intellectual Property
In 2012, the U.S. Department of Homeland Security seized 22,848 counterfeit products worth a suggested retail price of about $1.3 billion. Global economies have lost more than two million jobs to counterfeiting and piracy, a million a year in the United States alone. Rogue websites that sell counterfeit goods, such as prescription drugs and luxury items, receive more than 87 million visits per year.
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December 19, 2013
Publication - Public & Project Finance
This podcast will focus on a recent SEC public finance enforcement action that concern misstatements made in an official statement with respect to municipal securities offered for a south Florida health care system.
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December 19, 2013
Publication - Insurance Coverage
A Pennsylvania state judge denied Highmark Life Insurance Co.'s bid to vacate a $3.6 million arbitration award in favor of Elite Underwriting Services LLC, saying that the exclusion of testimony by the parties' reinsurance broker did not warrant a vacatur.
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December 18, 2013
Publication - Bankruptcy, Insolvency & Restructuring
Does the Bankruptcy Code allow for triangular setoffs in swap and repurchase agreements after commencement of the debtor's bankruptcy case? In Sass v. Barclays Bank (In re American Home Mortgage Holdings), Adv. Proc. No. 11-51851 (CSS) (Del. Bankr. Nov. 8, 2013), the court held that the Bankruptcy Code does not allow parties to set off non-mutual obligations, regardless of whether the agreements are subject to the safe harbor provisions of 11 U.S.C. §§ 559-661.
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December 17, 2013
Press Release - Securities Litigation & SEC Enforcement
Cozen O’Connor has further expanded the reach of its Commercial Litigation practice in New York with the recent hiring of Adam J. Schlatner, who joins the firm as a partner. Schlatner is the sixth new partner to join the practice in recent months.
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December 17, 2013
News - International
Cozen O’Connor litigators Martin Gusy and Matthew Weldon obtained a $1 million award of statutory damages, along with attorney’s fees, for C=Holdings B.V., the Dutch owner of the iconic Commodore computer brand and associated trademarks.
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December 16, 2013
Publication - Bad Faith, Insurance Coverage - Insurance
As a matter of first impression under Pennsylvania law, the court in Shannon v. New York Central Mutual Insurance Company, No: 13-cv-1432 (M.D. Pa. Nov. 20, 2013) denied a motion to strike an insurer’s defense of “bad faith set-up,” asserted in response to a bad faith claim based on the insurer’s alleged failure to settle a claim.
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December 16, 2013
Publication
The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in the case Tooey v. AK Steel Corp., the court ruled that the Commonwealth’s Workers’ Compensation Act (the WCA) does not apply to claims based on occupational disease that otherwise would fall within the law’s ambit but does not manifest until after 300 weeks following the termination of a worker’s employment. Significantly, because the WCA does not apply to these claims, workers who develop mesothelioma can now sue their former employers in tort, unlike other workers whose claims fall under the Act and who can only proceed against their employers for worker’s compensation benefits.
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December 16, 2013
Publication - Transportation & Logistics Litigation
Cozen O'Connor lawyers in New York and Washington author an article for French Lexis Nexis Transportation Law newsletter. For the second year in a row, Christopher Kende, Christopher Raleigh and David Loh of the New York office and Marc Atwood and Wayne Rhode of the D.C. office have co-authored an article providing a summary review of developments in transportation law for the French Lexis Nexis publication Review of Transportation Law, which is distributed electronically to approximately 4000 registered readers in France.
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December 16, 2013
Publication - Insurance Coverage
In 1911, Oliver Wendell Holmes, writing for the majority of the United States Supreme Court, unequivocally (if unknowingly) established the legal distinction between the secondary life market and what has become known as stranger originated life insurance (“STOLI”). The common law in both England and the United States long-abhorred insurance without an interest as a “mischievous kind of gaming” and so developed the insurable interest doctrine i.e., that an owner of a policy must have an interest in that insured. However, the application of the doctrine to specific cases involving the purchase of life insurance produced varied results throughout the Eighteenth and Nineteenth Centuries. In Grigsby v. Russell, Justice Holmes established that a life insurance policy, once purchased in good faith, could subsequently be assigned or otherwise alienated by its rightful owner. Grigsby brought clear, manageable legal principles to nearly two centuries of inconsistent jurisprudence on the insurable interest doctrine, principles that were subsequently adopted by statute in all of the jurisdictions of the United States.
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December 16, 2013
Publication
Summary of state by state rescission standards for select jurisdictions.
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December 16, 2013
Publication - White Collar Defense & Investigations
Nicole Sprinzen, a member of Cozen O’Connor’s Criminal Defense & Internal Investigations practice, discusses the trends and priorities discussed by DOJ and SEC FCPA officials at the American Conference Institute’s 2013 FCPA conference.
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December 16, 2013
News - Insurance Coverage - Insurance
Angelo Savino and Kristie Abel, members of Cozen O'Connor's Global Insurance Group, recently published an article titled “Aleynikov v. Goldman Sachs Provides Valuable D&O Insight” in Law360. The article discusses how the Aleynikov v. Goldman Sachs decision provides an interesting lesson in the differences between indemnification and advancement and who may be considered an officer for purposes of awarding indemnity and advancement.
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