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January 04, 2011
Publication - Subrogation & Recovery
Ethical Issues In The Context Of Investigaiton And Pursuit Of Property Damage Subrogation Claims - Subro Publications; Loss Site Investigations - I. LOSS SITE INVESTIGATIONS/ SPOLIATION AND PRESERVATION OF EVIDENCE
What are the implications of the insured being advised that the insurer is undertaking a subrogation investigation? Does this undertaking necessarily include protection of the insured’s interests with respect to its uninsured losses? If the insured affirmatively requests the insurer to share information arising from the subrogation
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January 04, 2011
Publication - Subrogation & Recovery
Calif. E-Discovery Rules Welcomed, With Questions - Law 360 - California's new e-discovery regulations should provide some needed guidance on handling electronic data in the nation's largest state court system, although exactly how the new rules will play out in a practical sense remains to be seen, experts said.
"My take on the new California rules is that they're very similar to the federal rules," said
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January 01, 2011
Publication - Insurance Coverage - Insurance
Social Media Users: R U Insurable? - Texas Bar Journal - In the advent of social media, companies should be aware that insurers offer particular types of coverage for Internet-based
business activity, which have improved over the past few years. Policyholders who are willing to invest in reviewing and comparing choices and wording can tailor the coverage to their
needs and potential exposures.
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January 01, 2011
Publication
Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure - PBA Civil Litigation Section Newsletter - Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure
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January 01, 2011
Publication
Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure - PBA Civil Litigation Section Newsletter - Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure
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January 01, 2011
Publication
Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure - PBA Civil Litigation Section Newsletter - Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure
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December 31, 2010
Publication
越来越多的中国公司在美国进行收购、成立合资企业或参与新建项目投资，从而推进他们的特定战略目标。 新近的交易案例包括阿里巴巴公司完成两笔对美国公司的收购以及广州中望龙腾软件股份有限公司完成对一家美国CAD/CAM 软件公司的收购。
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December 22, 2010
Publication - Business
Important Estate, Gift and Generation Skipping Tax Changes - Private Client Services Alert! - Congress has passed the 2010 “Tax Relief Act” which includes enormously important provisions affecting the federal estate tax, gift tax and generation-skipping tax. This legislation impacts the tax laws in effect for 2010, 2011 and 2012, and has a sunset provision of December 31, 2012
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December 22, 2010
News - White Collar Defense & Investigations
Bruce Maffeo, a member of Cozen O'Connor's White Collar Crimes and Criminal Defense Practice Group, was a call-in guest with Daryl Longullo from ON THE MONEY!
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December 22, 2010
Publication - Labor & Employment
NLRB Proposes Posting Requirement to Inform Employees of Rights Under the National Labor Relations Act - Labor & Employment Alert! - On Wednesday, December 22, 2010, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking (NPR) in the Federal Register requesting comments on a proposed requirement that all private sector employers subject to the National Labor Relations Act (NLRA) post a notice informing employees of their rights under the Act.
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December 21, 2010
Publication - Subrogation & Recovery - Insurance
When the Toyota Way Went Wrong - The National Law Review - Initially, many companies point the finger at others instead of taking responsibility for the problem. When Toyota heard reports of sudden acceleration in its vehicles, the company first blamed the floor mats, then the throttle pedals, then its pedal supplier, CTS of Indiana.
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December 21, 2010
Publication - Subrogation & Recovery
Use of Breach of Warranty Claims in Pursuing Subrogation Claims - Subrogation White Paper - The primary causes of action available to plaintiffs in typical property damage subrogation cases come from the law of torts with negligence and strict liability claims or the law of contract with breach of contract claims. In certain circumstances, breach of warranty provides an avenue of recovery. There is no single source of warranty law. Rather, there are different strands, some of which are statutory,
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December 21, 2010
Publication - Insurance Coverage, Technology, Privacy & Data Security
The Dos and Don'ts of Navigating the Cloud: a Business Guide for Cloud Computing - Corporate Counsel -
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December 20, 2010
Publication - Subrogation & Recovery - Insurance
That Sinking Feeling: Losses Arising from Sinkholes - Subrogation and Recovery Alert! - Sinkhole claims are emblematic of a number of different loss scenarios that may be one part mother nature and one part human error. The challenge from a subrogation perspective is to recognize and perfect the recovery opportunities arising from these complex claims, including engineering and construction deficiencies that may contribute to the subterranean failure, and to do so in a way that takes into account time bars triggered by statutes of repose.
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December 16, 2010
Publication - Subrogation & Recovery
Subrogation In Year 2000 Losses - Cozen O'Connor Whitepaper - Now that the Year 2000 has arrived, there is an avalanche of opinions concerning the disruptions that are likely to occur as a result of the Year Two Thousand or Y2K. This paper will explore the pursuit of subrogation actions following the payment of property claims that are traced, in whole or in part, to a Y2K source. This paper will not address coverage issues in first party claims. Obviously, because the topic is
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December 16, 2010
Publication - Subrogation & Recovery
Subrogation and The Economic Loss Doctrine: A 50 State Survey - Subrogator - All of the above claim scenarios, or ones similar to them, should be familiar to insurance claims and subrogation professionals. All of them appear to have good subrogation potential. But look again! Each of the above scenarios involves a situation in which the defendant manufacturer was able to avoid liability due to the application of an often-misunderstood doctrine known as the Economic Loss Doctrine (ELD). Being familiar with
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December 16, 2010
Publication - Subrogation & Recovery
Statues of Repose - Cozen O'Connor Whitepaper - Statutes of repose generally bar a cause of action after a specified time period, regardless of whether or not any property damage has occurred within that period. Statutes of repose typically begin to run on the date of a causative event (such as defective construction or negligent manufacture), rather than the date the damages occur. The statute of repose differs from a statute of limitations because a statute
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December 13, 2010
Publication - Subrogation & Recovery
Don't Let Wind Turbine Claims Blow Over: How to Assess Recovery: Subrogation potential exists even when lightning fuels first-party claims - National Underwriter - According to the 2010 U.S. Wind Industry Monitor, significant growth in the use of the wind turbines in the United States is projected over the next several years. Indeed, the U.S. recently surpassed Germany as having the largest usable wind capacity in the world.
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December 12, 2010
Publication - Antitrust & Competition, Business, Health Care & Life Sciences
House Judiciary Hearing Provides Few Answers for ACO Participants - Health Law Alert! - At the recent House Judiciary Committee’s hearing on the effects of antitrust laws in the heath care industry, testimony relating to accountable care organizations (ACOs) was plentiful, but unrevealing. Industry representatives and federal antitrust enforcers agreed that ACOs have the potential to successfully lower costs and improve quality of care, but government witnesses declined to provide a roadmap as to how ACOs may avoid running afoul of the antitrust laws.
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December 09, 2010
Publication - Subrogation & Recovery
Material Failures - Cozen O'Connor Whitepaper - Many losses involve, in one form or another, material failures. In some cases, the material at issue causes the loss. In other cases, the subject material contributes to the size or severity of the loss. In either event, material failures represent an opportunity, albeit sometimes overlooked, for subrogation recovery.
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