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January 27, 2014
Publication - Bad Faith, Insurance Coverage - Insurance
In Ewing Construction Co. Inc. v. Amerisure Ins. Co., No. 12-0661, 2014 WL 185035 (Tex. Jan. 17, 2014), the Texas Supreme Court held that a general contractor who agrees to perform construction work in a “good and workmanlike manner” does not “assume liability” for damages arising out of the contractor’s defective work so as to trigger the contractual liability exclusion in a commercial general liability policy. This holding substantially clarifies the Texas Supreme Court’s prior holding in Gilbert Texas Construction LP v. Underwriters at Lloyd’s London, 327 S.W.3d 118 (Tex. 2010).
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January 24, 2014
Publication - Public & Project Finance
Mark Vacha discusses how November 5, 2013 marked the first time the Securities and Exchange Commission (the “SEC”) assessed a financial penalty against a municipal issuer. The SEC charged The Greater Wenatchee Regional Events Center Public Facilities District (the “District”), a municipal corporation located within Washington state, with misleading investors in an offering of bond anticipation notes (the “2008 BANs”) issued to finance an arena for ice hockey and other uses (the “Regional Center”).
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January 24, 2014
News - Employment Litigation, Labor & Employment
In an article titled “HR Plaintiffs Build Their Case Against Lowe’s,” David Shadovitz, editor at Human Resource Executive, favorably cites David Barron’s HR headaches blog post titled “New Trend in Overtime Suits – HR Managers?” to explain that HR departments aren’t immune from overtime laws.
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January 23, 2014
Publication - Subrogation & Recovery - Insurance
Farmers tend to their crops by considering factors such as temperature, humidity, chemical levels and the impact of rodents and insects, but the methods of monitoring and responding to these core concepts have evolved. Farmers, like the rest of us, want to work efficiently and cost effectively. Thus, they are using agriculture-monitoring devices to handle these tasks and determine when to water, when to cover their crops and when to till their soils.
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January 23, 2014
Publication - Subrogation & Recovery
January 5-7, 2014, a wide swath of subzero temperatures impacted much of the United States, from Montana eastward to New York, and southward to parts of Oklahoma and northern Alabama. Several major cities recorded their lowest temperatures in more than 20 years.
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January 23, 2014
Publication - Transportation & Trade
Wayne Rohde, a member of Cozen O’Connor’s Transportation and Logistics practice group, authored a chapter in the newly-released book, Inside the Minds: Complying with Transportation Regulations.
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January 23, 2014
Publication - Insurance Coverage - Insurance
A recent shift in 2nd Circuit law may lead to a rise in class action litigation under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case shed light on the proper interpretation of a section of the TCPA, the U.S. Court of Appeals for the 2nd Circuit took up the question on December 3, 2013 and paved the way for TCPA class action suits in New York federal courts.
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January 22, 2014
Publication - Antitrust & Competition, Government & Regulatory, White Collar Defense & Investigations
OFAC does not deal only with cooperating entities, of course. On one hand, non-cooperating entities certainly run a risk that OFAC will refer their violations to criminal authorities. But even a non-cooperator can receive benefits, even grudgingly, under OFAC’s administrative-penalty regime — especially compared to companies that become targets of criminal prosecution and the severe penalties attendant to that process. That comparison between administrative and criminal punishments of non-cooperating entities, as discussed infra, may yield useful, persuasive data to criminal defense lawyers representing an entity under criminal investigation.
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January 22, 2014
Publication
The Pennsylvania Supreme Court recently adopted a new Code of Judicial Conduct. Effective July 1, 2014, new rules will apply to the extrajudicial activities for Pennsylvania judges. Businesses and nonprofits need to accommodate these changes to ensure that their board members from the judiciary comply with the code and to avoid adverse consequences in litigation. Litigation is costly enough for the private sector and defending against motions for disqualification will only add to that bill. Even organizations without judges serving as board members need to be aware of the potential impact of charitable donations and campaign contributions on their interests in litigation under the new code.
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January 22, 2014
News - Public & Project Finance
Suzanne Mayes, chair of the firm's Public & Project Finance Department, was recently featured in Law360’s Powerbrokers Q&A series. In the Q&A, Suzanne answers questions about challenges she's faced being a woman at a senior level within a law firm, whether she's encountered sexism in her career, and what advice she has for aspiring female attorneys.
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January 17, 2014
Publication - Employment Litigation, Labor & Employment
Employers operating in New York City should be reminded of two significant additions to the checklist of employment obligations that will become effective in the coming weeks.
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January 16, 2014
Publication - Subrogation & Recovery
On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by Freedom Industries, just 1.5 miles upstream from a major intake used by the largest water utility in the state, West Virginia American Water.
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January 16, 2014
Publication - Subrogation & Recovery
Following the January 9 leak of 4-Methylcyclohexane Methanol (MCHM) into the Elk River from Freedom Industries’ storage facility in Charleston, W.Va., the West Virginia Department of Environmental Protection’s Division of Water and Waste Management issued a “Cease Operations Order” to Freedom Industries Etowah River Terminal, LLC. On Wednesday, West Virginia state regulators cited Freedom Industries for a variety of violations after an inspection of the Poca Blending site.
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January 15, 2014
Publication - Subrogation & Recovery
Energy production in the United States is at an all-time high. In 2013, an average 7.5 million barrels of oil were pumped every day, which bested the previous production record (2012) by one million barrels. Domestic oil production has increased every year from 2011 to 2013. By comparison, between 1971 and 2011, oil production in the United States decreased 29 of the 40 years. Regardless of whether this level of domestic production can be sustained for the long term, elevated domestic oil production is a reality for the near future. Unfortunately, more oil production and the by-products that are created as a result of that production, increases the likelihood a spill or release will occur that can damage property and give rise to an insurance claim.
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January 15, 2014
News
Cozen O’Connor was ranked 28th in the 2014 Healthiest 100 Workplaces in America assessment, an annual evaluation sponsored by independent corporate wellness research and data analysis firm Healthiest Employers LLC©. “The Healthiest 100 Workplaces in America honors the ‘best of the best’ employers, those who blaze the path to a healthy workplace for their peers.” The award represents employers of all sizes, regions and industries that have incorporated the most vital corporate wellness practices.
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January 14, 2014
Press Release - Business, Corporate, Corporate Governance & Securities, Emerging Business & Venture Capital, Mergers & Acquisitions
Before joining Cozen O’Connor, Mr. Bellini was a partner in Dorsey & Whitney’s Corporate Group, where he was chair of the Private Equity Practice Group and a member of the Capital Markets, Mergers and Acquisitions and Venture Capital and Emerging Companies practice groups.
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January 13, 2014
Publication
Social media is a mainstay in daily life. Over a billion people are registered users of Facebook. The Facebook logo and the logos of other social networking giants such as Twitter are quickly becoming as iconic as McDonald's Golden Arches or Apple's apple. As the popularity of social networking sites grew, industries scrambled to utilize such a powerful tool. The legal profession is no exception. Unfortunately, the combination of rapidly changing technology and slowly evolving law has created a potpourri of law in which little is settled or clear when it comes to social media and the courtroom. What is clear, however, is that attorneys who understand how social media can help or hurt their clients and have well-defined plans for tackling social media issues will be in the best position to successfully advocate for their clients.
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January 09, 2014
News
In an article titled “Alex Rodriguez no star in this courtroom,” Tom Harvey, a New York attorney and legal analyst at the New York Daily News, favorably cites Jeffrey Monhait’s persuasive law review article published in Harvard’s Journal of Sports & Entertainment Law to discredit A-Rod’s assertion that the arbitration process is unfair. Monhait’s article details the history of baseball’s arbitration process and noted that union members viewed the process as fair, at least with respect to salary disputes.
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January 09, 2014
News - Climate Change
In an article titled “Harassment of climate scientists needs to stop,” Peter Fontaine, co-chair of Cozen O'Connor's Utility, Environmental & Energy Practice Group, discusses the harassment of climate scientist Michael Mann by climate change denial groups that are “on a fishing expedition for anything they can find to embarrass Mann and cast doubt on the validity of his work.”
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January 09, 2014
Publication - Tax
A plurality of the full Pennsylvania Supreme Court held that the disparity in valuations that results from the application of the statutory averaging formula for valuations and a combination provision are not unconstitutional. Lebanon Valley Farmers Bank v. Commonwealth, No. 78 MAP 2011 (Pa. Dec. 27, 2012) (3 to 2), reversing 27 A.3rd 288 (Pa Commw. 2011) . The decision may be incorrectly decided.
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