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September 14, 2012
Publication - Utility & Energy
D.C. Circuit Court Rejects EPA's Multistate Power Plant Rule - Energy, Environmental and Utilities Alert - On August 21, 2012, two judges on a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued an opinion vacating the Cross-State Air Pollution Rule (CSAPR), a complex rule designed by the U.S. Environmental Protection Agency (EPA) to regulate emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) from multiple power plants across 28 states.
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September 13, 2012
Publication - Subrogation & Recovery - Insurance
Fire on the Mountain: Rapidly Growing Fire on Capser Mountain Near Casper, Wyoming - Subrogation and Recovery Alert! - A rapidly spreading wildfire, the Sheep Herder Hill fire, that broke out on the afternoon of Sunday, September 9, 2012, has now burned at least six structures, more than seven-square-miles, and forced some 500 people to evacuate from Casper Mountain, according to the Associated Press on Monday.
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September 13, 2012
Publication - Employment Litigation, Labor & Employment
Fluctuating Workweek Overtime Method Not Permissible Under Pennsylvania Law - Labor and Employment Alert - A federal court in Pennsylvania recently held that the "fluctuating workweek method" of calculating overtime compensation violates Pennsylvania’s Minimum Wage Act (PMWA), 34 Pa. Code. § 231.43(d)(3). See Foster v. Kraft Foods Global, Inc., No. 2:09-cv-00453 (W.D. Pa. Aug. 27, 2012).
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September 13, 2012
Press Release
Cozen O'Connor Ranks #1 in the Country in AmLaw 2012 Summer Associate Survey
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September 13, 2012
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Petersen v. Columbia Casualty Company: A Case Study in the Differences Between the Duty to Advance and the Duty to Defend - Global Insurance Alert - On August 21, 2012, in Petersen v. Columbia Casualty Company, et al., No. SACV-12-00183, U.S. District Judge James V. Selna held that a professional liability insurance policy, which provided that the insurer had a duty to advance defense expenses, should not be interpreted under the standards that govern policies containing the broader “duty to defend.”
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September 12, 2012
Publication
Bankruptcy Court Holds Mechanic's Liens Trimp DIP Liens - Delaware Business Court Insider - The bankruptcy court is frequently called upon to consider the priority between and among liens held by debtor in possession (DIP) lenders and pre-petition secured lenders and holders of other pre-petition perfected liens. In , Adv. No. 09-51074 (KJC), decided August 30, the court faces such a conflict.
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September 10, 2012
News - Family Law
Jennifer Brandt Published in AllParenting.com
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September 10, 2012
Publication
5 Social Media Tips That Can Save Your Marriage - AllParenting.com - According to the American Academy of Matrimonial Lawyers, one third of all divorce filings in 2011 contained the word "Facebook," up from 20 percent just three years ago. Sadly, this plays out in my practice almost daily.
To read the rest of the article, click here.
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September 08, 2012
Press Release
Cozen O’Connor Associate Among Ten Selected For Outstanding Atlanta’s Class of 2012
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September 07, 2012
Publication
An interesting case is unfolding in Delaware Chancery Court. The case was brought by the shareholders of El Paso Cop. against the El Paso board and its banker, Goldman Sachs, and it involves the $23 billion merger between El Paso and Kinder Morgan.
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September 04, 2012
Press Release
Cozen O’Connor Ranks Fifth Nationally, First in Philadelphia, in American Lawyer Midlevel Associates’ Survey
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September 04, 2012
Publication - Appellate, Insurance Coverage - Insurance
Jonathan Toren of the Global Insurance Department authored this article in Law30 discussing Acticon V. China North East Petroleum. The United States Court of Appeals for the Second Circuit recently held that even if a stock recovers its value after dropping following a corrective disclosure, a showing of loss causation is not necessarily negated at the pleading stage in a claim for securities fraud, in Acticon AG, et al. v. China North East Petroleum Holdings Ltd., et al., No. 11-4544-cv (2nd Cir., August 1, 2012).
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September 01, 2012
Publication
Aside from giving us some amazing television moments, this year’s Summer Olympics also brought a spotlight on the now ever-present use of social media.
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September 01, 2012
Press Release - Tax
Cozen O’Connor attorneys Kimya S.P. Johnson, and Cheryl Upham have been recognized by The Legal Intelligencer as “Lawyers on the Fast Track.” The group of 32 attorneys was selected from over 100 submissions by an objective judging panel of seven members of the legal community. Nominees were judged on four areas: development of the law, advocacy, community contribution and service to the bar.
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August 29, 2012
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
Recent Amendments to the Pennsylvania Insurance Holding Company Act: New Enterprise Risk Report - Insurance Corporate and Regulatory Alert - Pennsylvania’s Insurance Holding Company Act (IHCA) was recently amended by Act 136, signed into law on July 5, 2012. Act 136 made a number of changes to the IHCA.
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August 29, 2012
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
The Broad Scope of Contractual Liability Exclusions in D&O Policies - Global Insurance Alert - On August 17, 2012, the U.S. District Court for the Middle District of Pennsylvania, in Federal Insurance Co. v. KDW Restructuring & Liquidation Services LLC et al., Case No. 3:07-cv-01357, held that Federal Insurance Company does not have a duty to defend or to indemnify its insured, Uni-Marts, LLC, under a D&O policy for claims arising out of Uni-Marts’ alleged misrepresentations and omissions to gas station purchasers.
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August 28, 2012
News
Anne Madonia and Barry Boss Full-Tilt Settlement Featured in The Am Law Daily
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August 28, 2012
Publication
How a Cozen M&A Partner Helped Close a Different Type of Deal - The Am Law Daily - In an article titled, "How a Cozen M&A Partner Helped Close a Different Type of Deal," Full Tilt Poker's complex deal negotiations are discussed, noting the nuances of the deal, which involved an asset sale to a former rival and a settlement with the U.S. Department of Justice. Barry Boss and Anne Madonia successfully represented the affiliated companies that comprise Full Tilt Poker in a three-way transaction with PokerStars and the United States Department of Justice.
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August 27, 2012
Publication - Subrogation & Recovery - Insurance
GE Dishwashers - Recall and Investigation by CPSC - Subrogation and Recovery Alert! - The Consumer Product Safety Commission (CPSC) issued a recall of GE dishwashers. The CPSC recall affects about 1,300,000 dishwashers for the Brands GE, GE Adora, GE Eterna, GE Profile and Hotpoint.
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August 27, 2012
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
Recent Amendments to the Pennsylvania Insurance Holding Company Act: Changes Affecting Corporate Governance and Intercompany Transactions and Agreements - Insurance Corporate and Regulatory Alert - Pennsylvania’s Insurance Holding Company Act (IHCA) was recently amended by Act 136, which was signed into law on July 5, 2012. Act 136 makes a number of changes to the IHCA, including imposing new corporate governance requirements and processes and expanding the Pennsylvania Insurance Department’s authority to examine affiliates of an insurer.
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