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March 19, 2014
Publication - Utility & Energy
In an article titled “Your Vulnerability and Emergency Response Plan – Friends or Enemies?” Michael Klein recommends – following the recent Elk River chemical spill in West Virginia – that every public water system consider doing at least two things: (1) review and update existing vulnerability assessments and emergency response plans; and (2) regularly train and educate employees with respect to the assessments and plans.
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March 19, 2014
Publication
In an article titled "Practical Tips for Maintaining Privilege With Consultants," Hayes Hunt and Arthur Fritzinger, members of Cozen O'Connor's Commercial Litigation Department, discuss how general counsel can protect confidential communications with outside consultants from disclosure.
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March 17, 2014
News
Andrea Hammel and Jared Bayer, members of Cozen O’Connor’s Commercial Litigation Department, recently obtained a favorable ruling on behalf of Anadarko Petroleum Corp. The Pennsylvania Superior Court handed a win to Anadarko on Friday, March 14, ruling that oil and gas lease agreements remain valid in their original form even after the discovery of deed restrictions that require legal action to resolve. In a precedential ruling, a three-judge panel ruled that a 2006 agreement giving Anadarko E&P Co. LP access to oil and gas under a 62-acre property owned by Leo and Sandra Shedden remained valid as drafted, despite subsequent quiet title proceedings to clear the Sheddens from a previously unknown deed reserving half of the land’s subsurface rights.
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March 17, 2014
Publication - Employment Litigation, Labor & Employment
In a White House ceremony on Thursday, March 13, 2014, President Barack Obama signed a memorandum ordering the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” governing the Fair Labor Standards Act (FLSA). Although the president did not direct specific changes, he clearly stated that the goal of any regulatory changes would be to make more workers eligible for overtime pay under federal law. The president’s directive is
expected to lead to proposed rules that would require employers to pay overtime to millions of workers who are currently classified as exempt employees.
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March 14, 2014
Publication - Insurance Coverage - Real Estate & Construction
Construction companies operating in multiple jurisdictions are finding that standardized language used in typical liability policies is subject to considerably different interpretations from one state to another.
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March 13, 2014
News - Family Law
In an article titled “Can A Prenup or Postnup With An Infidelity Clause Deter A Husband From Cheating?” Jennifer Brandt, a member of Cozen O'Connor's Family Law Department, discusses prenuptial and postnuptial agreements with infidelity clauses. “I have had experience with infidelity clauses in prenups and postnups. My advice to clients is generally that they may not be enforceable, but that they can provide a deterrent for a spouse who would otherwise be unfaithful,” explains Jennifer.
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March 13, 2014
Publication - Insurance Coverage, Professional Liability Insurance Coverage, Technology, Privacy & Data Security - Insurance
On February 21, 2014, a New York state trial court judge ruled that Zurich American Insurance Company has no duty to defend the Sony Corporation in lawsuits relating to a 2011 cyberattack on its PlayStation network. This decision is among the first in the country to address coverage issues for large scale data security breaches. Judge Jeffrey Oing rendered an immediate decision after hearing oral argument, recognizing the issue’s importance and the likelihood of an appeal.
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March 13, 2014
Publication - Franchising
Susan Grueneberg, a member of Cozen O'Connor's Franchising practice group, wrote an article for International Franchising Law on the challenges that non-U.S. franchisors face when entering the U.S. market.
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March 12, 2014
Publication - Bankruptcy, Insolvency & Restructuring
Barry Klayman and Mark Felger, members of Cozen O'Connor's Bankruptcy, Insolvency & Restructuring Department, continue their discussion of the interpretation of survival clauses for contractual representations and warranties under Delaware law with a second article on the subject in The Delaware Business Court Insider. They note the court's surprising view on reps and warranties that the parties expressly agree are to survive indefinitely.
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March 12, 2014
Publication - Subrogation & Recovery - Insurance
Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for forensic evidence the “CSI Effect.”
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March 12, 2014
News - Family Law
In an article titled “4 Things to Consider If You’re a Single Expectant Mama,” Jennifer Brandt, a member of Cozen O’Connor’s Family Law Department, advises on child support for single moms. The terms of child support are largely dictated by the state, but in general, the income of the parties is typically the determining factor in support. Brandt says “child support is awarded to the parent who has primary custody of the child, no matter whether mother or father.”
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March 10, 2014
Publication - Insurance Coverage - Insurance
Melissa Brill of the Global Insurance Department discusses TCPAS Class Actions in Law360. "A recent shift in Second Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act. After a 2012 U.S. Supreme Court case shed light on the proper interpretation of a section of the TCPA, the Second Circuit paved the way for TCPA class actions in New York federal courts."
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March 06, 2014
Publication - Tax
The New York Court of Appeals reversed the decision of the Appellate Division of the New York Supreme Court and held that in order for an individual to have a “permanent place of abode” in New York for purposes of determining whether the individual is a statutory tax resident, there must be some basis to conclude that the property owned by the individual was actually used as the individual’s residence. Matter of Gaied v. New York State Tax Appeals Tribunal, et al., Docket No. 26 (N.Y. Ct. App. Feb. 18, 2014). While the decision is not binding in states other than New York, the analysis is pertinent in the myriad states, including Pennsylvania, that have a statutory definition of a resident for tax purposes that is the same or similar to that of New York.
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March 06, 2014
Publication - Public & Project Finance
This podcast will provide an overview of the major provisions within the Municipal Securities Rulemaking Board’s proposed Rule G-42. Also highlighted are certain provisions that the MSRB is seeking comments upon.
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March 06, 2014
Publication - Appellate
In an article titled "Private Enforcement of Product Labeling Violations," Stephen Miller, a member of Cozen O'Connor's Commercial Litigation Department, and David Albert, a member of Cozen O'Connor's Intellectual Property Department, discuss the U.S. Supreme Court's consideration in April whether a private litigant can sue a company for violating federal restrictions on labeling food and beverage products.
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March 05, 2014
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Department, was a guest on Fox 29 News today to discuss yesterday's guilty plea in the Real Housewives of New Jersey case. Teresa and Joe Giudice plead guilty in federal court to several mortgage and bankruptcy fraud charges.
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March 04, 2014
Press Release - Insurance Coverage, Subrogation & Recovery - Insurance
The hires cap a significant, year-long expansion of the firm’s London team, with a total of three new members and one associate since January 2013 which have nearly doubled the firm’s partner presence in the UK.
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March 04, 2014
News - White Collar Defense & Investigations - Sports
In an article titled “Former UNC African studies manager won't be charged, but will cooperate with probe,” Stephen Miller (Commercial Litigation, Philadelphia) discusses the recent investigation into UNC-Chapel Hill academics. Previous noncriminal investigations had found Deborah Crowder, a retired manager of the African and Afro-American studies department at UNC, was at the center of the creation of lecture-style classes frequented by athletes that never met and that typically provided high grades for those who turned in a term-paper at the end of the semester. But, on Tuesday, March 4, Orange County District Attorney Jim Woodall said that Crowder, who retired in 2009, would not be charged with any crime, but is expected to cooperate with a new investigation into the academic fraud, one that UNC leaders say will seek to find out how it happened and why.
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March 03, 2014
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Jonathan Toren of the Global Insurance Department is co-author of Chapter 14, “Deductibles and Self-Insured Retentions,” in The Reference Handbook on the Commercial General Liability Policy, Second Edition. In the commercial insurance industry, the commercial general liability (CGL) policy is the most common form of liability insurance purchased by both public and private sectors throughout the United States and, as a result, is arguably the most litigated insurance product in the marketplace. This book is a survey of the current developments and issues that can arise from a liability policy.
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March 03, 2014
Publication - Business, Environmental Regulatory & Due Diligence, Transportation & Logistics Litigation, Transportation & Trade
In a case of first impression that interpreted the force majeure provisions of an industry contract form promulgated by the North American Energy Standards Board (NAESB), Cozen O’Connor prevailed on behalf of plaintiff when, on January 9, 2014, the New Jersey Appellate Division affirmed the trial court’s ruling in Hess Corporation v. Eni Petroleum U.S. LLC, et al., No. A-3464-12T4 (A.D., January 9, 2014).
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