Minnesota Human Resources Manual [American Chamber of Commerce]

Publication - Employment Litigation, Labor & Employment

Heather Marx, a member of Cozen O’Connor’s Commercial Litigation Department, and Kristi Zentner, a member in the Business Law Department, co-authored the “Minnesota Human Resources Manual” for the American Chamber of Commerce. This comprehensive human resources manual explains, in plain English, the duties of the employer during the entire employment process – everything from pre-hire through post-termination. It covers more than thirty primary topics and includes practical advice on what should be done, solid advice on how to do it and a complete explanation of why it is important.

Don’t Be Swept away Like Mary Poppins-Fireplace Loss Issues [Subrogation & Recovery Alert]

Publication - Subrogation & Recovery

Leni Morrison Cummins Quoted in the New York Times Regarding Co-op Space

News - Condominiums & Cooperatives, Real Estate

Leni Morrison Cummins, a member in the firm's Real Estate Group, participates in a Q&A in the New York Times regarding what to do with co-op shared space, and whether it should be converted into a playroom or gym.

Charles Jesuit Discusses PA Supreme Court Bad Faith Claims Decision

News - Bad Faith, Insurance Coverage - Insurance

Charles (Chuck) Jesuit of the Global Insurance Department is quoted in a Law360 article titled "Bad Faith Suits Poised To Rise After Pa. Assignment Ruling." He discusses the ruling in Allstate v. Wolfe that policy holders can assign claims under a state bad faith insurance law to third-party claimants. Chuck says this decision “gives third-party claimants and their counsel another arrow in their quiver when negotiating settlement,” however; Chuck does not think the decision will significantly affect insurers’ behaviors.

David Shimkin Discusses Landmark Twitter Decision in SHRM Online

News

In an article titled "Subpoena Will Unmask Company's Anonymous Critics on Twitter," David Shimkin, a member of Cozen O'Connor's Commercial Litigation Department, discusses a recent federal decision that authorized defamation defendants to subpoena Twitter for the identities of anonymous posters. The historic underpinnings of the right to anonymous speech "have a long history," David said, but the right "is not absolute."

SEC and FINRA Announce 2015 Exam Priorities [Securities Litigation & Enforcement Alert]

Publication - Securities Litigation & SEC Enforcement

The U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) recently announced their 2015 exam priorities for their respective examination programs. Both the SEC and FINRA have prioritized review of certain investment-related issues affecting the growing senior population. This regulatory focus echoes increasing national concern about the financial security of the retirement-aged baby boomer generation. It means continued attention to issues affecting senior investors, including suitability matters and broker communications with seniors. Both regulators also plan to focus much of their attention on the municipal securities market, a sector that has seen a robust uptick in regulatory and enforcement activity over the past year.

U.S. Supreme Court Analyzes Pregnancy Discrimination [The Legal Intelligencer]

Publication - Appellate, Labor & Employment

In an article titled “U.S. Supreme Court Analyzes Pregnancy Discrimination,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Jessica Hurst, an associate in the Labor & Employment Department, discuss Young v. United Parcel Services, in which the U.S. Supreme Court will decide the appropriate standard to apply in determining whether an employer has violated the Pregnancy Discrimination Act. More specifically, the court will determine under what circumstances pregnant employees are entitled to work accommodations that are provided to their non-pregnant coworkers.

Proceeds of Insurance Policy Are Property of Estate [Delaware Business Court Insider]

Publication - Bankruptcy, Insolvency & Restructuring

Barry M. Klayman and Mark E. Felger, members in the firm's Wilmington office, published an article in the Delaware Business Court Insider titled ''Proceeds of Insurance Policy Are Property of Estate.'' This article discusses the case of Chartis Specialty Insurance v. Tri-Valley (In re Tri-Valley), Adv. No. 12-51243 (MFW) (Bankr. D. Del. Nov. 25, 2014) and third-party insurance policies in bankruptcy cases.

Jennifer Brandt Appears on Fox News Network to Discuss CT Teen Forced to Undergo Chemotherapy

News - Family Law

Jennifer Brandt, a member of the firm’s Family Law Group, was on the Fox News Network today to discuss the Connecticut teen who is being forced to undergo chemotherapy. The 17-year-old girl previously refused the treatment for her cancer, was removed from her home, and is now in state custody. The case is scheduled to go before the Connecticut Supreme Court this week.

Edward Weisz Discusses New Software Systems Employed by the USPTO in FedScoop Article

News - Intellectual Property, Patents, Trademark & Copyright

In an article titled "Patent Office CIO Aims for Culture Change Amid Systems Updates," Edward Weisz, a member of Cozen O'Connor's Intellectual Property Department discusses the benefits of new software systems employed by the US Patent and Trademark Office.

Menachem Kastner and Ally Hack Cited in Judge’s Opinion

News

Judge Mella of the Surrogate’s Court of the State of New York, New York County, cited to an article written by Menachem Kastner and Ally Hack, members of Cozen O’Connor’s Commercial Litigation Department, titled “To Eject or Evict – a Lease’s ‘Conditional’ Dilemma” from the New York Law Journal in 2010.

Preparing a Client for Settlement [Family Advocate]

Publication - Family Law

Settling a divorce case is no easy task. It requires parties who are at odds with each other to come together for their mutual benefit. These parties must set aside their emotions and look at their economic situation in a detached, business-like manner. The attorneys advising these parties play a monumental role in convincing them to set aside their devastation, anger, and, perhaps, regret and focus on resolution. Both parties must have this same mindset to reach consensus. Timing is also key.

Michael de Leeuw Discusses 2015's Securities Cases to Watch in Law360

News - Securities Litigation & SEC Enforcement

In an article titled ''Securities Cases To Watch In 2015,'' Michael de Leeuw, a member of Cozen O’Connor’s Commercial Litigation Department, comments on the closely watched Supreme Court case Omnicare Inc. et al. v. Laborers District Council Construction Industry Pension Fund et al. and the Second Circuit’s recent decision in US v. Newman et al.

2014/2015 Labor and Employment Observer

Publication - Labor & Employment

The 2014/2015 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2015.

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.