Social Media Posts Take Center Stage at U.S. Supreme Court [The Legal Intelligencer]

Publication - Appellate

In an article titled “Social Media Posts Take Center Stage at U.S. Supreme Court,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Alexa Sebia, an associate in the Commercial Litigation Department, discuss United States v. Elonis, in which the U.S. Supreme Court will attempt to define when comments made on social media platforms cross the line from protected free speech to criminal activity. The case arose in our own Eastern District of Pennsylvania. Anthony Elonis posted violent rap lyrics and graphic messages on Facebook about his estranged wife, co-workers and an FBI agent. The communications were objectively threatening, but the relevant question is whether that speech is protected if the government cannot prove that the speaker intended to act on the threat.

Third Circuit Further Clarifies Class Action Certification Law [The Legal Intelligencer]

Publication - Appellate

The U.S. Court of Appeals for the Third Circuit recently denied class certification in a consumer fraud case. In Grandalski v. Quest Diagnostics, No. 13-4329 ((3d. Cir. Sept. 11, 2014), the court affirmed a trial court order denying certification of a nationwide class of consumers allegedly overcharged by the defendant. The opinion is instructional on current class action law and underscores the rigor with which trial courts are expected to analyze motions for class certification.

Pennsylvania Supreme Court Rules Statutory Bad Faith Claims are Assignable [Global Insurance Alert]

Publication - Bad Faith, Insurance Coverage - Insurance

On December 15, 2014, the Supreme Court of Pennsylvania held that bad faith claims brought pursuant to 42 Pa. C.S. § 8371 may be assigned by an insured to an injured third party under Pennsylvania law. See Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014 (Pa. Dec. 15, 2014).

Subrogation and Recovery for Extreme Winter Weather Losses [Subrogation & Recovery White Paper]

Publication - Subrogation & Recovery

Pennsylvania High Court Rules First Manifestation Trigger Applies to Property Damage Claims [Global Insurance Alert]

Publication - Insurance Coverage - Insurance

The Pennsylvania Supreme Court in Pennsylvania Nat’l Mut. Cas. Ins. Co. v. St. John, et al., 2014 WL 7088712 (December 15, 2014), has affirmed that a first manifestation trigger applies to property damage claims under a CGL policy, triggering the single policy in effect when damage first manifests. St. John also confirmed that the multiple or continuous trigger adopted in J.H. France Refractories v. Allstate Ins. Co., 534 Pa. 29 (1993), which triggers all policies on a risk from exposure through manifestation, is unique to claims involving asbestos or other similarly latent diseases.

Joseph Dever Discusses the SEC's Policing of the Municipal Debt Market in The Wall Street Journal

News - Securities Litigation & SEC Enforcement

In an article titled “SEC Tightens Policing of Municipal Debt Market,” Joseph Dever, a member of Cozen O’Connor’s Commercial Litigation Department, discusses the Securities and Exchange Commission’s oversight of the municipal debt market and its new initiative that encourages municipalities as well as their bankers to come forward with instances in which they included misleading information in their bond-offering documents. The terms of the program entail favorable settlements for the municipalities and banks, but not for individuals who may be banned from the market for their involvement in the alleged fraud.

Jennifer Brandt Named a ''2014 Top Attorney'' By Suburban Life

Press Release - Family Law

Jennifer Brandt, a member of Cozen O'Connor's Family Law Practice Group and editor of the blog ''Family Law Focus,'' was selected by Suburban Life Magazine as one of their 2014 ''Top Attorneys.'' Jennifer has built an active family law practice, representing parties in divorce, custody, and support/alimony matters throughout both Pennsylvania and New Jersey. Her involvement in family law litigation extends to both the trial court and appellate levels. She also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients.

U.S. Announces Major Policy Shift on Cuba [Transportation & Logistics Alert]

Publication - Transportation & Trade

On December 17, 2014, President Obama announced the beginning of major reforms regarding the relationship between the United States and Cuba. In a statement made from the White House, President Obama announced that the country would end its “outdated approach” to Cuba and begin to normalize relations between the two countries.

Department of Labor Targeting Oil and Gas Contractors [Breaking Energy]

Publication - Employment Litigation, Labor & Employment

In an article titled ''Department of Labor Targeting Oil and Gas Contractors,'' David Barron, a member of Cozen O'Connor's Labor & Employment Department, highlights the increased scrutiny on employers in the oil and gas industry and offers some important tips for maintaining compliance with wage and hour regulations.

Railroad Transloading Facility Taxable [Tax Alert]

Publication - Tax

A divided panel of the Commonwealth Court concluded that real estate used by a railroad as a transloading facility was not exempt from local real estate tax. CSX Transportation, Inc., v. Delaware County Board of Assessment Appeals, No. 1276 C.D. 2014 (Pa. Commw. Nov. 19, 2014). The appeal may not be correctly decided.

The Crime Fraud Exception to Attorney-Client Privilege [The Legal Intelligencer]

Publication

In an article titled “The Crime-Fraud Exception to Attorney-Client Privilege,” Hayes Hunt, a member of Cozen O’Connor’s Commercial Litigation Department, and Michael Zabel, an associate in the Commercial Litigation Department, discuss the crime-fraud exception to attorney-client privilege and its application in a series of high-profile cases involving Facebook, Mark Zuckerberg and a former business partner. The cases present an interesting study in how the crime-fraud exception can operate.

SEC Quietly Seeks Industry Bars Against Muni Officials [The Bond Buyer]

Publication - Securities Litigation & SEC Enforcement

In an article titled “SEC Quietly Seeks Industry Bars Against Muni Officials,” Joseph Dever, a member of Cozen O’Connor’s Commercial Litigation Department, reviews several recent Securities and Exchange Commission muni enforcement cases and explains that the agency is quietly seeking a new sanction: "industry bars" against municipal officials. Industry bars are court orders that prohibit municipal officials from participating in future offerings of municipal securities. The significance of this new SEC enforcement strategy should not be overlooked, as an industry bar can essentially serve as a career-ending sanction for an individual working in the municipal finance sector.

5 tips for dealing with a divorce during the holidays [Avvo's Naked Law Blog]

Publication - Family Law

The holidays are here. It is a time for joy and gratitude, a time for sharing and spending time with family. But for couples contemplating or going through a divorce, the holidays can be downright depressing. Instead of love and caring, there is animosity. Instead of togetherness, there is loneliness. Many couples who are parting would prefer to hibernate over the holidays and resurface sometime in January. Nonetheless, there are ways to manage the holidays even if you are separating or divorcing, and there is even the chance that you will find some enjoyment. The tips below will help.

An Overview of Recognizing and Enforcing Foreign Judgments in Canada [Subrogation & Recovery Alert]

Publication - Subrogation & Recovery

Multinational transactions and international commerce fostered the growth of international legal disputes. One issue is when a plaintiff is granted a judgment against a non-resident defendant with no assets in the jurisdiction of the court issuing the judgment. To obtain recovery, the plaintiff must locate a jurisdiction with defendant’s assets and apply to a court for recognition and enforcement of the judgment. This alert provides an overview of the framework developed by Canadian common-law provinces for the recognition and enforcement of foreign judgments.

Cozen O’Connor Strikes Major Victory in PA Supreme Court

News - Appellate

Cozen O’Connor has prevailed in a major victory in the Pennsylvania Supreme Court, after hearing arguments from Stephen Cozen, ruled that the legal expenses racked up in fighting a mayoral ballot challenge were not incurred to influence the outcome of an election and could be forgiven. Cozen O’Connor has been fighting for seven years to forgive the full amount owed by U.S. Representative Bob Brady’s campaign committee.

Mixed-Use Housing Is Exempt [Tax Alert]

Publication - Tax

A panel of a Commonwealth Court concluded that a mixed-use housing project owned by municipality was exempt from real estate tax. Reading Housing Authority v. Board of Assessment Appeals of Berks County, No. 1937 C.D. 2013 (Pa. Commw. Nov. 12, 2014). The Reading Housing Authority owned and operated a mixed-use housing project known as a 20-80 project. Twenty percent of the units were set aside for low income persons. The balance were rented at commercial rates.

Will the Inventor of the Handheld Cash Register Ever Cash-In? [Inventors Digest]

Publication - Intellectual Property, Patents

Aaron Lukas, an associate in Cozen O'Connor's Intellectual Property Department, authored an article for Inventors Digest titled ‘Will the Inventor of the Handheld Cash Register Ever Cash-In?’ The article addresses recent rulings in cases involving CardSoft and Teva and changes to how patent validity is decided in patent litigation cases.

FAA Regulatory Revisions, DOT and FAA Enforcement Actions, Other Aviation-Related Regulatory Matters [Aviation Regulatory Update]

Publication - Aviation, Aviation Litigation, Transportation & Trade - Aviation

This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and state governments, airport environmental grants, and de-icing standards for new aircraft. We also provide an update on recent DOT and FAA enforcement actions, plus recent developments in the Pirker v. Huerta case involving the operation of small unmanned aircraft. Additionally, Congress is beginning its deliberations regarding next year’s FAA reauthorization. Finally, two new lawsuits were filed challenging certain airports’ implementation of labor-related rules that airlines and airport service providers contend are preempted under federal law.

Legislation Alters Shipping Act Treatment of Attorneys’ Fees [Transportation & Logistics Alert]

Publication - Transportation & Logistics Litigation, Transportation & Trade

Late yesterday, both the U.S. House of Representatives and the U.S. Senate passed S. 2444, the Howard Coble Coast Guard and Maritime Transportation Act of 2014. In addition to appropriating funds for Federal Maritime Commission (FMC) operations for fiscal year 2015 and limiting the terms of future FMC commissioners, this legislation, if signed into law by the president, would make a potentially significant change in the U.S. Shipping Act of 1984, as amended (the Shipping Act).

Supreme Court Denies Pay for Security Check Time [Labor & Employment Alert]

Publication - Labor & Employment

So do all those Amazon.com workers filling your holiday orders need to be paid extra for undergoing security screenings at the end of their shift? The U.S. Supreme Court today said no. The Court’s highly anticipated, unanimous ruling emerged from Integrity Staffing Solutions, Inc. v. Busk, a case involving the interpretation of the Portal-to-Portal Act, 29 U.S.C. § 254(a), which exempts employers from FLSA liability for claims based on “activities which are preliminary to or postliminary to” the performance of employees’ principal work duties.