Recent News & Publications
Search News & Publications
August 22, 2013
Publication - Subrogation & Recovery
In 2010, the Federal Rules of Civil Procedure were amended to change the scope and method of expert discovery in federal courts under Federal Rule of Civil Procedure 26. Now, more possible changes to Rule 26 are on the horizon and subrogation professionals and litigators should be mindful of these potential changes and the impact they will have on the discovery process in subrogation matters in federal court.
Tweet
August 19, 2013
News - Business, Public & Project Finance, Subrogation & Recovery
Cozen O’Connor was recently ranked by Thomson Reuters as the number two bond counsel firm in Pennsylvania for the first six months of 2013. Thomson Reuters bases its rankings on the principal amount of bonds issued. The firm’s public and project finance practice handles all types of finance transactions and has closed more than $33 billion in bond financings as bond counsel, underwriter’s counsel and borrower’s counsel for states, local governments, state and local authorities, nonprofits, and developers, among other diverse clients since 2007. Congratulations to the Public & Project Finance team on this well-deserved recognition.
Tweet
August 19, 2013
Publication - Corporate
Effective August 1, 2013, Section 18-1104 of the Delaware Limited Liability Company Act (the Act) was amended to confirm that, absent a provision in the limited liability company agreement to the contrary, the managers and controlling members of a limited liability company owe the fiduciary duties of care and loyalty to the limited liability company and its members.
Tweet
August 16, 2013
Publication
In a case widely reported by the national media, the Washington State Supreme Court recently ruled that a governmental entity may face liability for faulty road design that leads to injuries in car crashes, even when the driver is drunk and driving recklessly.
Tweet
August 16, 2013
News - Employment Litigation, Labor & Employment
In an article titled “Polish your social media policy,” Michael Schmidt, vice chair of the firm’s Labor & Employment Department, provides suggestions for creating an effective social media policy that does not infringe on employees’ rights.
Tweet
August 15, 2013
Publication - Bankruptcy, Insolvency & Restructuring, Business
Two recent bankruptcy cases decided on the same day by the same judge dealt with motions to amend the complaints in preference actions. Both cases illustrate the court's application of the relation-back doctrine, with differing results. Along the way, the court addressed the requirements for proper service and equitable tolling of the statute of limitations
Tweet
August 12, 2013
News - Employment Litigation, Family Law
Jennifer Brandt, a member of the firm’s Family Law Practice, appeared on Your World with Neil Cavuto on Fox News today to discuss the case of the New Zealand flight attendant who was allegedly fired from her job for abusing sick leave.
Tweet
August 05, 2013
Publication - Subrogation & Recovery - Insurance
In 2011, the National Fire Protection Association (NFPA) explicitly rejected negative corpus as a reliable methodology in fire investigation. Section 18.6.5 presents a significant obstacle to subrogation actions when a fire’s ignition source cannot be conclusively determined due to the damage caused by the fire, particularly when it is believed that the fire was caused by a discarded cigarette. However, a recent decision in a case being handled by Cozen O’Connor from the U.S. District Court for the Southern District of Ohio may serve as valuable precedent in such circumstances.
Tweet
July 31, 2013
News - Business, Corporate, Subrogation & Recovery
Cozen O'Connor's corporate team was chosen as the finalist in The Legal Intelligencer's Best Law Firm: Corporate Practices category. In a special section of The Legal Intelligencer, Cozen O'Connor corporate practice is highlighted and explains the teams success and strategy.
Tweet
July 31, 2013
Publication - Insurance Coverage
On July 12, 2013, the Georgia Supreme Court expanded covered damages in construction defect cases by broadening the definition of “occurrence,” yet left in place the insurer’s right to deny coverage based upon the lack of “property damage” and the business risk exclusions. Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462, 2013 WL 3481555 (Ga. July 12, 2013). Specifically, the Court held that damage to the insured’s property or work may constitute an “occurrence.”
Tweet
July 30, 2013
News - Corporate, Real Estate
On July 30, 2013, Jeffrey Leonard and Cozen O’Connor were featured in The Legal Intelligencer. The article, titled “From Beach Bodies to Bonds”, showcases the recent strategies that have led to success and growth for Cozen O’Connor. In the article, Leonard, of the Real Estate Practice Group, explained how Cozen O’Connor’s entrepreneurial spirit has helped them stay nimble enough to meet client demands through unique servicing and pricing strategies during the recession.
Tweet
July 29, 2013
News - Subrogation & Recovery - Insurance
In the Fireman’s Fund v. TD Banknorth case the Connecticut Supreme Court recently held that insurers should be made whole for their losses before policyholders can recoup deductibles from third parties, one of the first decisions to tackle a question that attorneys say will crop up more often now that deductibles have become costlier.
Tweet
July 25, 2013
News
Cozen O’Connor was recognized as a “Diversity Advocate" in MultiCultural Law Magazine’s 10th Anniversary issue. The firm is one of only 7 law firms, and Macy’s law department, that is profiled in the magazine’s cumulative anniversary issue. MultiCultural Law Magazine is a national publication that focuses on diversity and inclusion within the profession. Cozen O'Connor was chosen as a featured firm because of consistently high rankings over the last several years in areas that impact the promotion of diversity in the firm and in the profession.
Tweet
July 25, 2013
News - Employment Litigation, Labor & Employment
In an article titled “7 Tips For Employers on Social Media Discovery,” Michael Schmidt of the firm’s Labor & Employment Group discusses how social media is a new forum of potential evidence in employment cases.
Tweet
July 25, 2013
News - Securities Litigation & SEC Enforcement, White Collar Defense & Investigations
In an article titled ''Feds Charge Hedge Fund SAC Capital In NY Case,'' Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, Vice Chair of the Commercial Litigation Department and Office Managing Partner of the firm’s D.C. office, shares his insights into the SAC Capital Advisors indictment.
Tweet
July 24, 2013
Publication - Business
The New Jersey Legislature is considering a bill that would pose this question to voters in November: Should a small portion of the state sales tax be dedicated to preserve critical open spaces and farmland in New Jersey? For anyone concerned about the quality of life and property values in New Jersey, the answer should be "Yes!"
Tweet
July 24, 2013
Publication - White Collar Defense & Investigations
Edward Snowden's detention in the Moscow airport transit zone, and the U.S. government's efforts to extradite him, may seem confined to that case's politically charged circumstances. But what if Snowden were merely a malingering corporate employee? Imagine if he had absconded with company secrets (such as the Coca-Cola recipe), or embezzled company funds, and was hiding out halfway across the world. Under what circumstances, if any, could he be forcibly returned to the United States to answer for his actions?
Tweet
July 24, 2013
Publication - Appellate
The heightened pleading standard set forth by the Supreme Court in Bell Atlantic v. Twombly and Ashcroft v. Iqbal has become a familiar tool for defense counsel seeking to dismiss a complaint in federal court. But is what's good for the goose also good for the gander?
Tweet
July 22, 2013
Publication - Real Estate - Real Estate & Construction
On July 10, 2013, the Philadelphia Department of Licenses and Inspections (L&I) issued draft regulations filling in the compliance requirements of Philadelphia’s mandatory energy and water disclosure ordinance (the Disclosure Ordinance) that was enacted in June 2012. The draft regulations will become final on August 2, 2013.
Tweet
July 19, 2013
Publication - Insurance Coverage - Insurance
On July 10, 2013, a majority of a three-judge panel of the Superior Court of Pennsylvania cut a new path for insureds and insurers with respect to defense under reservations of rights. See The Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et al., 2013 PA Super. 174, 2013 PA Super. LEXIS 1630. According to the majority, when an insurer tenders a defense subject to a reservation, an insured may reject the insurer’s defense and bind the insurer to a settlement that the insurer did not consent, so long as the settlement is fair and reasonable.
Tweet