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Cozen O’Connor Attorney Lynnette Espy Named One of Atlanta’s Power 30 under 30

May 25, 2010

Press Release

Cozen O’Connor Attorney Lynnette Espy Named One of Atlanta’s Power 30 under 30


2010 Tennessee Floods: Subrogation Challenges and Opportunities [Cozen O'Connor Whitepaper]

May 20, 2010

Publication - Subrogation & Recovery

2010 Tennessee Floods: Subrogation Challenges and Opportunities - Cozen O'Connor Whitepaper - As of May 8, 2010, the Tennessee Emergency Management Agency reported 22 confirmed storm related fatalities, with 30 counties operating under Major Disaster Declarations and 1,400 National Guard soldiers mobilized to support rescue and relief operations. Initial estimates of damage to private residential, commercial and industrial property amounted to $1.5 billion. This estimate excludes the cost of repairing government owned buildings, roadways, and bridges, and was expected to rise.


中国公司在美国进行的收购

May 19, 2010

Publication

由于中国的经济力量不断增长,中国公司对美国企业的收购量也不断上升。此类交易需要中国的监管批准,在有些情况下,美国出于对国家安全的担忧和对就业机会方面的担心,可能会阻挠这类交易。由于文化差异较大以及在美国市场的经验不足,中国的买家需要在美国交易过程方面得到专家的建议,而美国的卖家可能寻求特殊的保护措施,以行使他们的权利并从中国的买家收取他们应得的结算后金额。


The Deepwater Horizon Catastrophe: A Factual Overview and Preliminary First-Party Analysis [Cozen O'Connor Whitepaper]

May 14, 2010

Publication - Insurance Coverage

The Deepwater Horizon Catastrophe: A Factual Overview and Preliminary First-Party Analysis - Cozen O'Connor Whitepaper - By now you are no doubt aware of the disastrous explosions and fire at the Deepwater Horizon drilling rig in the Gulf of Mexico, with its tragic loss of life, and the resulting spill of oil that now threatens to become a major environmental catastrophe. The Deepwater Horizon catastrophe has already given rise to a multitude of third party claims directly against the responsible parties. It will undoubtedly give rise to numerous claims by individuals and businesses under their own first


Lynnette Espy Named "Power 30 Under 30"

May 14, 2010

News

Lynnette Espy Named "Power 30 Under 30"


Product Recall: Children’s Medication [Insurance Coverage Alert!]

May 11, 2010

Publication - Insurance Coverage

Product Recall: Children’s Medication - Insurance Coverage Alert! - On April 30, 2010, a unit of Johnson and Johnson, McNeil Consumer Healthcare in Fort Washington, Pa., commenced a voluntary recall in consultation with the U.S. Food and Drug Administration (FDA) of several children’s and infant’s over-the-counter liquid pain, fever and allergy medications. The products include children’s and infant’s Zyrtec, Tylenol, Motrin and Benadryl.


Dram Shop Liability: The Exposure is Greater Than You Think [Cozen O'Connor Whitepaper]

May 06, 2010

Publication - Products Liability

Dram Shop Liability: The Exposure is Greater Than You Think - Cozen O'Connor Whitepaper - A sporting event between historic rivals, a concert given by a major pop star, a bar or
restaurant at which one celebrates a birthday, new job, or a dinner out, and a banquet hall hosting
a wedding, anniversary, or office party.While these venues often host exciting and celebratory events, their commonalities, all too often, combine to result in unfortunate and, sometimes, tragic
consequences.


Urgent Action Required To Ensure Compliance With The UK Bribery Act [Lexology]

May 04, 2010

Publication

The UK Bribery Act, which became law on April 8, 2010 and which will come into force later this year, has important implications for U.S. companies that carry on business, however modest, in the UK. In particular, the Act’s expansive jurisdiction over non-UK companies in matters of private commercial bribery, and the lack of an exception for ''facilitating payments,'' may require U.S. companies to review and modify their anti-corruption compliance programs to conform to the new law.


Exemption Denied For Lack Of Free Services [Tax Law Alert!]

May 03, 2010

Publication - Business, Tax

Exemption Denied For Lack Of Free Services - Tax Law Alert! - A panel of the Commonwealth Court reversed a trial court
and held that a nonprofit corporation that provided student
housing was not entitled to a charitable exemption
because it did not give free or discounted services to the students.
CHF-Kutztown, LLC v. Berks County Board of Assessment Appeals, No.
1663 C.D. 2009 (Pa. Cmwlth. Apr. 13, 2010) (unreported).


Colorado Legislature Poised to Alter Landscape of Insurance Coverage for Construction Defects [Insurance Coverage Alert!]

May 03, 2010

Publication - Construction Law, Insurance Coverage - Real Estate & Construction

Colorado Legislature Poised to Alter Landscape of Insurance Coverage for Construction Defects - Insurance Coverage Alert! - Later this week the Colorado State Legislature is expected to pass HB 1394, a bill that will dramatically change the insurance coverage available for construction professionals arising out of faulty construction. The stated purpose of HB 1394 is to reverse General Security Indem. Co. of America v. Mountain States Mut. Cas. Co., 205 P.3d 529 (Colo. App. 2009), which held that claims for damages arising from poor workmanship, standing alone, do not allege an accident that constitutes a


Cozen O’Connor Continues Expansion of Antitrust Practice in Washington, D.C.

May 02, 2010

Press Release - Antitrust & Competition

Cozen O’Connor Continues Expansion of Antitrust Practice in Washington, D.C.


VEBAS, ERISA, and Other Cloaking Devices [Federation of Regulatory Counsel, Inc.]

May 01, 2010

Publication - Employee Benefits & Executive Compensation, Insurance Coverage - Insurance

Health care costs continue to rise, forcing a commensurate rise in the cost of traditional group insurance. Employers continue to seek affordable benefits for their employees in an effort to maintain a productive and competitive workforce. Inspired entrepreneurs enter the market to supply low-cost programs to meet this demand. Many of these programs qualify as insurance.


Cozen O’Connor Returns to the Am Law 100

April 30, 2010

Press Release

Cozen O’Connor Returns to the Am Law 100


Update on Florida's Implied Waiver Doctrine in Landlord-Tenant Cases [Subrogation and Recovery Alert!]

April 28, 2010

Publication - Subrogation & Recovery - Insurance

Update on Florida's Implied Waiver Doctrine in Landlord-Tenant Cases - Subrogation and Recovery Alert! - A recent Florida case clarifies an insurer's subrogation rights in the landlord-tenant context. When a tenant causes fire and landlord's insurer pays, the question in Florida has been: Can the landlord's insurer subrogate against the tenant? In many states, the answer is no -- not unless the lease agreement expressly says so. Those states followed the so-called Sutton rule. Florida's stance on the Sutton rule has been unclear over the years.


Irrevocable Trust Is an Ordinary Trust [Tax Law Alert!]

April 26, 2010

Publication - Business, Tax

Irrevocable Trust Is an Ordinary Trust - Tax Law Alert! - Adivided panel of the Commonwealth Court rejected
the position of the Department of Revenue and held
that a transfer to an irrevocable trust qualified as a transfer to a living trust excluded from realty transfer tax. Miller v. Commonwealth, No. 757 F.R. 2007 (Pa. Commw. Apr. 8, 2010). A living trust is a qualifying trust intended as a will
substitute. 72 P.S. §8101-C. A transfer to a qualifying living trust is excluded from tax. 72 P.S. §8102-C.3(8.1).


The United States Supreme Court Clarifies a Corporation's 'Principal Place of Business' [General Litigation Alert!]

April 23, 2010

Publication

The United States Supreme Court Clarifies a Corporation's 'Principal Place of Business' - General Litigation Alert! - On February 23, 2010, the United States Supreme Court announced its decision in Hertz Corp. v. Friend, 559 U.S. __, 130 S. Ct. 1181 (2010). Justice Breyer, writing for the Court, settled a split among the circuit courts as to which test to apply when determining a corporation’s “principal place of business” for the purpose of federal diversity jurisdiction.


Medicare Secondary Payer Update - CMS Delays Reporting Deadlines [Health Law Alert!]

April 19, 2010

Publication - Business, Health Care & Life Sciences - Health Care & Life Sciences

Medicare Secondary Payer Update - CMS Delays Reporting Deadlines - Health Law Alert! - In December 2007, Congress amended the Medicare Secondary Payer law (MSP) through Section 111 of the Medicare, Medicaid and SCHIP Extension Act (MMSEA). The amendment imposes mandatory reporting obligations on Responsible Reporting Entities (RREs), including liability, self-insured, no-fault and workers’ compensation insurers (collectively referred to as “non-Group Health Plans” or “Non-GHPs”) regarding settlements with Medicare beneficiaries.


Market Conduct Regulation – New Appleman on Insurance Law Library Edition, Chapter 13 [LexisNexis]

April 19, 2010

Publication - Insurance Coverage - Insurance

Ken Levine discusses market conduct regulation in New Appleman on Insurance Law Library Edition. Specifically, this chapter discusses the manner in which market conduct regulation addresses certain market practices.


House Approves 10-Year Minimum for GRATs [Private Client Services Alert!]

April 12, 2010

Publication - Business

House Approves 10-Year Minimum for GRATs - Private Client Services Alert! - The Small Business and Infrastructure Jobs Tax Act of 2010, approved by the House, includes a provision which sets a minimum 10-year term for Grantor Retained Annuity Trusts (GRATs).


INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN ACTIONS [Canadian Business Law Journal]

April 11, 2010

Publication

INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential liability they face if found blameworthy, the cost of funding an adequate defence can be staggering.

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