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August 16, 2013
News - Employment Litigation, Labor & Employment
In an article titled “Polish your social media policy,” Michael Schmidt, vice chair of the firm’s Labor & Employment Department, provides suggestions for creating an effective social media policy that does not infringe on employees’ rights.
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August 15, 2013
Publication - Bankruptcy, Insolvency & Restructuring, Business
Two recent bankruptcy cases decided on the same day by the same judge dealt with motions to amend the complaints in preference actions. Both cases illustrate the court's application of the relation-back doctrine, with differing results. Along the way, the court addressed the requirements for proper service and equitable tolling of the statute of limitations
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August 12, 2013
News - Employment Litigation, Family Law
Jennifer Brandt, a member of the firm’s Family Law Practice, appeared on Your World with Neil Cavuto on Fox News today to discuss the case of the New Zealand flight attendant who was allegedly fired from her job for abusing sick leave.
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August 05, 2013
Publication - Subrogation & Recovery - Insurance
In 2011, the National Fire Protection Association (NFPA) explicitly rejected negative corpus as a reliable methodology in fire investigation. Section 18.6.5 presents a significant obstacle to subrogation actions when a fire’s ignition source cannot be conclusively determined due to the damage caused by the fire, particularly when it is believed that the fire was caused by a discarded cigarette. However, a recent decision in a case being handled by Cozen O’Connor from the U.S. District Court for the Southern District of Ohio may serve as valuable precedent in such circumstances.
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July 31, 2013
News - Business, Corporate, Subrogation & Recovery
Cozen O'Connor's corporate team was chosen as the finalist in The Legal Intelligencer's Best Law Firm: Corporate Practices category. In a special section of The Legal Intelligencer, Cozen O'Connor corporate practice is highlighted and explains the teams success and strategy.
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July 31, 2013
Publication - Insurance Coverage
On July 12, 2013, the Georgia Supreme Court expanded covered damages in construction defect cases by broadening the definition of “occurrence,” yet left in place the insurer’s right to deny coverage based upon the lack of “property damage” and the business risk exclusions. Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462, 2013 WL 3481555 (Ga. July 12, 2013). Specifically, the Court held that damage to the insured’s property or work may constitute an “occurrence.”
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July 30, 2013
News - Corporate, Real Estate
On July 30, 2013, Jeffrey Leonard and Cozen O’Connor were featured in The Legal Intelligencer. The article, titled “From Beach Bodies to Bonds”, showcases the recent strategies that have led to success and growth for Cozen O’Connor. In the article, Leonard, of the Real Estate Practice Group, explained how Cozen O’Connor’s entrepreneurial spirit has helped them stay nimble enough to meet client demands through unique servicing and pricing strategies during the recession.
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July 29, 2013
News - Subrogation & Recovery - Insurance
In the Fireman’s Fund v. TD Banknorth case the Connecticut Supreme Court recently held that insurers should be made whole for their losses before policyholders can recoup deductibles from third parties, one of the first decisions to tackle a question that attorneys say will crop up more often now that deductibles have become costlier.
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July 25, 2013
News
Cozen O’Connor was recognized as a “Diversity Advocate" in MultiCultural Law Magazine’s 10th Anniversary issue. The firm is one of only 7 law firms, and Macy’s law department, that is profiled in the magazine’s cumulative anniversary issue. MultiCultural Law Magazine is a national publication that focuses on diversity and inclusion within the profession. Cozen O'Connor was chosen as a featured firm because of consistently high rankings over the last several years in areas that impact the promotion of diversity in the firm and in the profession.
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July 25, 2013
News - Employment Litigation, Labor & Employment
In an article titled “7 Tips For Employers on Social Media Discovery,” Michael Schmidt of the firm’s Labor & Employment Group discusses how social media is a new forum of potential evidence in employment cases.
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July 25, 2013
News - Securities Litigation & SEC Enforcement, White Collar Defense & Investigations
In an article titled ''Feds Charge Hedge Fund SAC Capital In NY Case,'' Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, Vice Chair of the Commercial Litigation Department and Office Managing Partner of the firm’s D.C. office, shares his insights into the SAC Capital Advisors indictment.
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July 24, 2013
Publication - Business
The New Jersey Legislature is considering a bill that would pose this question to voters in November: Should a small portion of the state sales tax be dedicated to preserve critical open spaces and farmland in New Jersey? For anyone concerned about the quality of life and property values in New Jersey, the answer should be "Yes!"
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July 24, 2013
Publication - White Collar Defense & Investigations
Edward Snowden's detention in the Moscow airport transit zone, and the U.S. government's efforts to extradite him, may seem confined to that case's politically charged circumstances. But what if Snowden were merely a malingering corporate employee? Imagine if he had absconded with company secrets (such as the Coca-Cola recipe), or embezzled company funds, and was hiding out halfway across the world. Under what circumstances, if any, could he be forcibly returned to the United States to answer for his actions?
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July 24, 2013
Publication - Appellate
The heightened pleading standard set forth by the Supreme Court in Bell Atlantic v. Twombly and Ashcroft v. Iqbal has become a familiar tool for defense counsel seeking to dismiss a complaint in federal court. But is what's good for the goose also good for the gander?
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July 22, 2013
Publication - Real Estate - Real Estate & Construction
On July 10, 2013, the Philadelphia Department of Licenses and Inspections (L&I) issued draft regulations filling in the compliance requirements of Philadelphia’s mandatory energy and water disclosure ordinance (the Disclosure Ordinance) that was enacted in June 2012. The draft regulations will become final on August 2, 2013.
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July 19, 2013
Publication - Insurance Coverage - Insurance
On July 10, 2013, a majority of a three-judge panel of the Superior Court of Pennsylvania cut a new path for insureds and insurers with respect to defense under reservations of rights. See The Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et al., 2013 PA Super. 174, 2013 PA Super. LEXIS 1630. According to the majority, when an insurer tenders a defense subject to a reservation, an insured may reject the insurer’s defense and bind the insurer to a settlement that the insurer did not consent, so long as the settlement is fair and reasonable.
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July 18, 2013
Publication - Tax
Two tax bills will make substantial changes to Pennsylvania taxes if finally enacted. The bills were part of the budget process. House Bill 465 has passed the House and Senate and requires the governor’s signature. Senate Bill 591 needs Senate concurrence in certain House amendments and the governor’s approval.
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July 18, 2013
Publication - Tax
The en banc Commonwealth Court held that private telephone line charges and directory assistance services were subject to the Public Utility Gross Receipts Tax (GRT), but non-recurring service charges were exempt. Verizon Pennsylvania, Inc. v. Commonwealth.
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July 18, 2013
Publication - Tax
A panel of the Commonwealth Court held that a taxpayer had standing to challenge a LERTA designation, but the complaint nonetheless was dismissed because it alleged no facts in support of the claim that the property was incorrectly classified as deteriorated.
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July 16, 2013
Press Release - Business, Government Relations - Cozen O'Connor Public Strategies
Stuart Shorenstein, of the firm’s Business Law Department and head of Cozen O’Connor Public Strategies’ New York team, has been named “Manhattan Democrat of the Year” by the New York County Democratic Committee at its first Annual Demmy Award Ceremony Monday, July 15. Among the nominees for the award were New York state district leaders and committee members.
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