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August 24, 2010
Publication - Insurance Coverage, Technology, Privacy & Data Security - Insurance
Cyber - Identity Theft: Our Children At Risk - Insurance Coverage Alert! - Interviewing for your first job as a teenager is as exciting as it is intimidating. The interview proceeds flawlessly, and you start to count the dollar signs as you await the job offer. But, imagine your surprise when you are informed that you did not get the job because your background check revealed that you are more than $75,000 in debt and five years behind in child support payments for your 11-year-old child—a terrifying thought considering you are only 16 years old.
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August 16, 2010
Publication - Subrogation & Recovery - Insurance
Can I File Suit in The U.S. Against A Foreign Entity, And If So, Is It Worth It? An Analysis of Personal Jurisdiction and Enforcement of Judgments Against Foreign Entities - Subrogation and Recovery Alert! - Have you ever handled a subrogation claim involving a product manufactured outside the U.S.? For most of us, the answer is an overwhelming yes. For such losses, many claims professionals are not aware of the ability to file suit in the U.S. against the responsible foreign manufacturers and sellers. This Alert discusses the criteria for asserting jurisdiction in the U.S. against a foreign tortfeasor, both for losses occurring in the U.S., as well as abroad.
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August 13, 2010
News
Thomas G. Wilkinson, Jr., a member of Cozen O'Connor's Philadelphia office, was quoted in a recent article in the Law Bulletin about a resolution being voted on by the American Bar Association this week. The resolution calls for judges to use new terms that distinguish between prosecutors committing an error and prosecutors wrongdoing, replacing the general term ''prosecutorial misconduct.'' The article describes the reasoning behind the arguments for and against the resolution.
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August 13, 2010
Press Release - Insurance
Cozen O’Connor to Devise BP’s Compensation Plan for Gulf Spill
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August 10, 2010
Press Release
Dexter Hamilton, Cozen O’Connor member resident in the Philadelphia office, gave a presentation for a Risk & Insurance Magazine Webinar on July 14th, which was sponsored by Zurich Services Corporation. Dexter’s presentation covered the legal issues associated with employees getting into motor vehicle accidents on company time due to distracted driving caused by talking or texting on a cell phone while driving.
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August 09, 2010
Press Release - White Collar Defense & Investigations
Cozen O’Connor Adds White-Collar Criminal Defense Attorneys J. Bruce Maffeo and Niki Warin to New York City Office
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August 09, 2010
Press Release
Ellyn Farley Honored for her Pro Bono Work in Illinois
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August 09, 2010
News - Family Law
Jennifer Brandt Talks Social Media, Divorce Proceedings on KYW Newsradio
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August 05, 2010
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
Pennsylvania Insurance Department Issues Exemption from Filing/Prior Approval Requirements for Policy Forms Revised Only to Comply with PPACA Immediate Market Reform Requirements - Insurance Corporate and Regulatory Alert! - The Pennsylvania Insurance Department (the “Department”) recently issued Notice 2010-07 (Patient Protection and Affordable Care Act – Guidance for Compliance Filings). Notice 2010-07 provides an exemption from the forms filing/prior approval requirements under Pennsylvania’s Accident and Health Filing Reform Act for insurers that issue health insurance coverage subject to the PPACA immediate market reform requirements (i.e. health reform requirements that must be implemented
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August 01, 2010
Publication - Real Estate & Construction
SHARING RISK: Indemnification can be a valuable tool for builders - Construction Today - a familiar scenario – you are the general contractor on a large commercial project; the cast of characters working with you is huge,
the relationships complex. As the general contractor, your primary responsibility is the coordination of the construction, including scheduling and logistics so the work of your subcontractors is carried out as efficiently and smoothly as possible
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July 29, 2010
Publication - Subrogation & Recovery - Insurance
Summer 2010 - Subrogation & Recovery Observer -
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July 27, 2010
Publication - Business, Tax
License for Canned Software is Taxable - Tax Law Alert! - The Supreme Court of Pennsylvania held that a license to use canned software is a license to use tangible personal property and is therefore taxable for Sales and Use Tax purposes. Dechert LLP v. Commonwealth, No. 12 MAP 2008 (Pa., July 20, 2010). Oral argument on the appeal was held over 1 ½ years ago.
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July 27, 2010
Press Release - Antitrust & Competition, Aviation, Aviation Litigation, Government Relations - Cozen O'Connor Public Strategies, Professional Liability, Transportation & Trade
Sher & Blackwell to Join Cozen O’Connor
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July 26, 2010
Publication - Bankruptcy, Insolvency & Restructuring, Business
Retirees Find that Employer's Bankruptcy May Be a Good Thing - Bankruptcy, Insolvency & Restructuring Alert! - In deciding a question never before addressed by a circuit level court, the U.S. Court of Appeals for the Third Circuit, in In re Visteon, No. 10-1944 (July 13, 2010), held that the plain language of section 1114 of the Bankruptcy Code forbids a debtor from modifying or terminating retiree benefits without first complying with that section’s procedural and substantive safeguards
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July 22, 2010
Publication - Subrogation & Recovery - Insurance
Update on the Implied Coinsured Rule (Subrogating Against a Tenant) - Subrogation and Recovery Alert! - A recent Wisconsin case clarifies an insurer's subrogation rights in the landlord-tenant context. When a tenant causes a loss and the landlord's insurer pays to repair the damage, the question in Wisconsin has been: Can the landlord's insurer recover against the tenant? In Wisconsin and other states, the landlord must show the tenant negligently or intentionally caused the damage. For further explanation,
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July 21, 2010
Publication - Business, Corporate, Government & Regulatory, Government Relations - Cozen O'Connor Public Strategies
FCC Offers ‘Third Way’ On Authority Over Internet Service - New York Law Journal - The U.S. Court of Appeals for the D.C. Circuit recently ruled that the Federal Communications
Commission (FCC) lacked jurisdiction over Comcast’s
Internet service. Comcast Corp. v. FCC, Docket No. 08-1291 (D.C. Cir. April 6, 2010). Therefore, the FCC lacked authority to impose upon Comcast nondiscriminatory obligations regarding such
services.
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July 20, 2010
Publication - Insurance Coverage - Insurance
National Australia Bank—Not the Last Word on Foreign-Cubed Securities Litigation - Insurance Coverage Alert! - In a recent decision by Justice Antonin Scalia in Morrison v. National Australia Bank (“NAB”) (June 24, 2010), the U.S. Supreme Court answered a question with which lower courts have struggled for more than 40 years—whether section 10(b) of the Securities and Exchange Act of 1934 (the “Exchange Act”) provides a cause of action to foreign plaintiffs suing foreign and American defendants for misconduct in connection with securities traded on foreign exchanges—so called foreign-cubed litigation.
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July 14, 2010
Publication - Insurance Coverage - Insurance
In three decisions issued on June 24, 2010, the Supreme Court of the United States limited a favorite tool of prosecutors—the honest services statute—to its ''solid core.'' Justice Ginsburg, delivering the opinion of the Court in Skilling v. U.S., narrowed the Fifth Circuit’s broad interpretation of 18 U.S.C. §1346, which criminalizes ''a scheme or artifice to defraud another of the intangible right of honest services,'' and remanded the case.
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July 12, 2010
Publication - Government & Regulatory, Government Relations - Cozen O'Connor Public Strategies
Philadelphia Enacts New Law Regulating Lobbying - Public Strategies Alert! - On June 16, 2010, Mayor Michael Nutter signed into law the first ever registration and reporting requirements for individuals engaged in lobbying with the city of Philadelphia. The law largely tracks the statutes which govern lobbying on the state level. It does not go into effect immediately, but will govern actions taken on or after July 1, 2011.
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July 09, 2010
Publication
3rd Circuit Case Illustrates Certification Procedure's Efficiency - The Legal Intelligencer - Recently, the 3rd U.S. Circuit Court of Appeals invoked the little used procedure of “certification” of questions to the state Supreme Court to clarify an important issue of state law. The use of the certification procedure had the dual effect of providing the court and parties to the action an efficient method for resolution of pivotal and undecided state law issues while simultaneously reminding
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