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October 29, 2012
Publication
The NCAA is a financial juggernaut. Each year, the organization generates nearly a billion dollars of revenue premised largely on its perceived status as shepherd of the amateur ideal. Indeed, the NCAA takes great pains to cultivate that image by, among other things, reminding us that most student-athletes “go pro in something other than sports.”
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October 24, 2012
Publication - Subrogation & Recovery - Insurance
ATF Critical of Electrical Arc Bead Recognition Study - Subrogation and Recovery Alert! - A new Technical Bulletin (Tech. Bull. 001-9/28/2012) issued by the Bureau of Alcohol, Tobacco & Firearms critiques an earlier National Institute of Justice funded report on inspecting electrical conductors involved in fires. This ATF Technical Bulletin is important reading for anyone handling fire losses involving electrical equipment or electrical lines.
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October 23, 2012
Publication
A lawyer's take on how to fix the National College Athletics Association's broken, capricious system for investigating and punishing schools and student-athletes accused of impropriety
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October 23, 2012
Publication - Appellate
Two terms ago, in Wal-Mart Stores v. Dukes, a 5-4 majority of the U.S. Supreme Court emphasized that class actions should be the "exception," not the rule, in federal litigation. In Dukes, the court held that a class of 1.5 million current and former employees of Wal-Mart failed to satisfy the "commonality" requirement of Federal Rule of Civil Procedure 23, and, therefore, could not bring a class action asserting their employment discrimination claims under Title VII.
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October 19, 2012
Publication - Insurance Coverage - Insurance
Ohio Supreme Court Rules That Claims of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy - Global Insurance Alert - On October 12, 2012, the Ohio Supreme Cort resolved a long-simmering conflict among Ohio's intermediate appellate courts by answering the following certified question: Are claims of defective construction/workmanship brought by a property owner claims for "property damage" caused by an "occurrence" under a commercial general liability policy?
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October 17, 2012
Publication
We all remember the adolescent bully who made grade school and high school an unbearable experience for many. But what happens when your playground nemesis grows up to become your co-worker, or even worse, your boss?
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October 16, 2012
Publication
Samuel A. Lewis discusses the increasingly common use of alternative dispute resolution procedures like mediation and arbitration.
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October 16, 2012
News - Real Estate, Real Estate Litigation
Ken Fisher was quoted in the City & State article titled "City & State’s Rising Stars Glimmer At Night" regarding their "Rising Stars" event which recognized its 40 under 40 honorees.
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October 12, 2012
News - Insurance Coverage
Lynnette Espy-Williams (Atlanta), of the firm's Global Insurance Group, has been selected to be a part of Outstanding Atlanta's Class of 2012.
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October 10, 2012
Publication
Chancery Court Blocks Suit to Void Completed Merger as Ultra Vires - Delaware Business Court Insider - In Southeastern Pennsylvania Transportation Authority v. Volgenau, 2012 WL 4038509 (Del. Ch. Aug. 31. 2012.), Vice Chancellor John W. Noble dismissed a direct action challenging a consummated merger transpiration on the grounds that the merger violated the company's certificate of incorporation and was ultra vires, but left standing a claim for breach of fiduciary duty against the directors of the company for approving the transaction in violation of the certificate of incorporation.
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October 10, 2012
Publication - Environmental Litigation & Enforcement, Environmental Regulatory & Due Diligence, Utility & Energy
Ninth Circuit Rejects Global Warming Nuisance Claim: Native Village of Kivalina v. ExxonMobil Corp - Energy, Environmental and Utilities Alert - On September 21, 2012, the 9th Circuit Court of Appeals upheld a District Court decision dismissing the claims of the Native Village of Kivalina and the City of Kivalina (collectively Kivalina) asserting that some of the largest
energy companies in the United States(collectively Energy Producers) were responsible for coastal erosion caused by
greenhouse gas emissions and resulting global warming.
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October 09, 2012
Publication - Subrogation & Recovery - Insurance
Maryland's Rule of Contributory Negligence - Subrogation and Recovery Alert! - For the past 165 years in Maryland, if a jury found a plaintiff even as little as 1 percent responsible for an alleged injury, any recovery against the defendant(s) was barred. This is known as the contributory negligence doctrine.
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October 09, 2012
Publication - Insurance Coverage - Insurance
Ninth Circuit Upholds Dismissal of Global Warming Action on Displacement Grounds - Global Insurance Alert - The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a complaint filed by the Native Village of Kivalina and the city of Kivalina (collectively Kivalina) against 22
of the world’s largest energy producers alleging damages caused by global warming. Kivalina v. ExxonMobil Corp.,No. 09-17490 (9th Cir. filed Sept. 21, 2012). Kivalina alleged that the barrier island on which the village is located is becoming uninhabitable.
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October 04, 2012
Publication - Insurance Coverage - Insurance
Utah Court of Appeals Relies on Wikipedia to Determine Common Meaning of Term Used in Insurance Policy Exclusion - Global Insurance Alert - In Fire Insurance Exchange v. Oltmanns, 2012 UT App 230 (2012),the court determined the term “jet ski” as used in an exclusion in a homeowner’s policy was ambiguous, based in part on a Wikipedia definition of the term.
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October 03, 2012
News
David Barron and Charles Wilson, of the firm's Labor & Employment Group in Houston, discuss the employment-related dangers of political discourse in the workplace on Fox News.
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October 01, 2012
Publication - Business, Public & Project Finance
SEC Recommends Major Changes in Municipal Securities Market - Public & Project Finance Alert - The Securities and Exchange Commission (the SEC) on July 31, 2012 issued a comprehensive report with recommendations to improve the municipal securities market and enhance disclosure provided to investors.
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September 27, 2012
News
Arts & Business Council of Greater Philadelphia Appoints New Advisory Board Chair
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September 26, 2012
Publication
The Effects of Social Media on the Workplace - The Legal Intelligencer - Giving your opinion on politics or complaining about the boss via Facebook is so commonplace and rampant that few people probably stop to think about the consequences of their posting.
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September 26, 2012
Publication
Preview of the U.S. Supreme Court's Upcoming Term - The Legal Intelligencer - The Supreme Court will continue its recent trend of answering important questions in intellectual property litigation.
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September 25, 2012
Press Release
Cozen O’Connor Announces Michael J. Heller as Chief Executive Officer In Planned Leadership Transition Amid Growth
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