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September 29, 2010
Publication - Business
The Second Circuit Issues an Important Decision Regarding the Scope of the Bespeaks-Caution Doctrine - Securities and Financial Services Litigation and Securities Regulation Alert! - In a recent decision, the United States Court of Appeals for the Second Circuit made clear that the bespeaks-caution doctrine applies to forward-looking statements only and not to characterizations that communicate present or historical facts. Any company that makes public statements should take heed. Disclosures about risks will cover forward-looking statements; but where a plaintiff can show that an allegedly false or misleading statement pertains to present or historical facts,
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September 28, 2010
Publication - Subrogation & Recovery - Insurance
NFPA Bans Use of Antifreeze in Sprinkler Systems - Subrogation and Recovery Alert! - In an incredibly ironic turn of events, the National Fire Protection Association has determined that the use of antifreeze within wet pipe sprinkler systems-to avoid freeze-ups-actually creates a fire hazard by virtue of the extreme flammability of the antifreeze solution. Consequently, the NFPA now has issued a safety alert recommending that residential wet pipe fire systems should be drained of antifreeze and filled with plain old water.
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September 27, 2010
Press Release
H. Robert Fiebach, a senior attorney in Cozen O’Connor’s Commercial Litigation Department, was appointed to the Advisory Committee of the American Bar Association’s Standing Committee on Substance Abuse after completing a three year term as a member of the Committee, during which he served as Chair of the Committee for two and a half years.
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September 27, 2010
Press Release - White Collar Defense & Investigations
Cozen O’Connor Adds Former Assistant U.S. Attorney, Supreme Court Clerk Stephen A. Miller
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September 24, 2010
Publication - Labor & Employment
Employers in New York have taken great comfort over the years in citing the ''at will'' nature of an employee's job status when taking virtually any action ranging from discipline, to a diminution of salary or job responsibilities to outright termination. New York has generally been considered a pro-employer jurisdiction, with employees often having to clear high hurdles before circumventing the cornucopia of legal precedent.
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September 22, 2010
Publication - Insurance Coverage - Insurance
Pennsylvania Supreme Court Rejects Reimbursement of Defense Costs While Tenth Circuit Finds Support Under Colorado Law - Insurance Coverage Alert! - Two cases decided only one day apart illustrate the growing divide over whether an insurer is entitled to recover the costs of defending a claim that is ultimately determined not to be covered. In both cases, the policies at issue did not specifically address the reimbursement of defense costs, but the insurers asserted the right in their reservation of rights letters. The Pennsylvania Supreme Court rejected the right to do so,
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September 20, 2010
Press Release
Cozen O’Connor Ranked Number One In Philadelphia by Associates
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September 20, 2010
Publication - Insurance Coverage - Insurance
If it is Not Clearly Excluded, it Must be Included: "Fair Market Value" Includes Unpaid Sales Tax in Washington State - Insurance Coverage Alert! - On September 9, 2010, the Washington Supreme Court once again proved it will go to great lengths to protect policyholders in disputes with their insurers. In Holden v. Farmers Ins. Co. of Washington, — P.3d — (Sept. 9, 2010), the court deemed ambiguous the actual cash value (“ACV”) provision in a renters policy. The court concluded that because the definition of ACV “does not clearly exclude sales tax” then sales tax must be included in ACV calculations.
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September 15, 2010
Publication - Real Estate Litigation - Real Estate & Construction
It’s Not Easy Being Green: New York City Adopts New Requirements Concerning Energy and Water Use Benchmarking, Energy Audits, Energy Use Retro-Commissioning, Lighting System Retrofitting and Electricity Submetering for Covered Buildings - Real Estate Alert! - This Alert addresses three local laws requiring energy conservation measures by owners of New York City residential and non-residential buildings containing more than 50,000 square feet of area. Although two of these local laws have compliance deadlines that are far in the future, some as early as 2013 and some as late as 2025, there are real advantages for those owners who elect to perform the work immediately.
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September 15, 2010
Press Release
Cozen O’Connor Member Elected Trustee of the Chubb Foundation
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September 14, 2010
Publication - Subrogation & Recovery - Insurance
Maryland High Court Interprets AIA Waiver of Subrogation - Subrogation and Recovery Alert! - Reviewing an American Institute of Architects (AIA) contract with a waiver of subrogation? Is that waiver enforceable? Is there a colorable argument to defeat the AIA waiver provision? This alert analyzes a recent Maryland Court of Appeals opinion finding an AIA contract ambiguous permitting suit to proceed even though there was a waiver of subrogation in the contract.
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September 14, 2010
Press Release - Public & Project Finance
Cozen O’Connor Member Named Among “Most Powerful & Influential Women” in Pennsylvania
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September 10, 2010
News
Suzanne Mayes Honored at Inaugural Diversity Conference
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September 10, 2010
News
Stephen Cozen Featured in Jewish Exponent
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September 09, 2010
News - Family Law
Jennifer Brandt Discusses Case of 15‐Year‐Old Runaway on HLN
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September 09, 2010
News
The Legal Intelligencer reported that the U.S. Court of Appeals for the 3rd Circuit struck down a set of immigration ordinances passed in Hazleton, Pa., in its ruling in Lozano v. City of Hazleton. According to the article, the three-judge panel ruled unanimously that the ordinances conflict with federal immigration laws and therefore are barred by the Supremacy Clause.
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September 09, 2010
Publication - Labor & Employment
The first enactment establishes a test to determine if a construction industry worker is an independent contractor or an employee, and is entitled “The New York State Construction Industry Fair Play Act.”
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August 30, 2010
Publication - Real Estate Litigation - Real Estate & Construction
This article addresses the drafting and interpretation of a provision found in all leases: the ''default provision.'' Specifically, this article provides an analysis of the ultra-subtle and ''age-old distinction'' between the ''conditional limitation'' and the ''condition subsequent'' (the latter sometimes referred to as a ''condition''). The U.S. District Court for the Eastern District of New York has noted that, when it comes to distinguishing between these two types of default provisions, New York courts have been ''far from consistent.''
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August 25, 2010
Publication
Why the Jury Is (Still) Out - Risk and Insurance - What lessons does the Blagojevich trial hold for risk managers staring down a case that's gone to a
civil jury? It finally happened. After years of being able to resolve most disputes before lawyers
even got involved, and after either winning the rest of your cases on motions or settling before trial, there was one case that the judge wouldn't dismiss and that you couldn't settle. It actually went to trial. Your record as a risk manager is no longer perfect
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August 24, 2010
News - Family Law
Jennifer Brandt Discusses Tiger Woods Divorce Settlement on CNN
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