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May 01, 2007
Publication
Slugging Through Boxing's Contractual and Legal Minefields (Practical Solutions to Restore a Great Sport) - Entertainment and Sports Lawyer -
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May 01, 2007
Publication
Privileges and Cooperation - BEST'S REVIEW - Insurance companies, like other businesses, face inquiries and investigations from government agencies and attorneys. They also rely on attorney-client and work-product privileges when gathering information and reaching conclusions necessary to respond in such situations. Companies under scrutiny often face pressure, however, to waive these privileges.
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April 20, 2007
Publication - Subrogation & Recovery - Insurance
The “Q & A” On Freight Forwarders: Who Are They? What Do They Do? When Are They Liable? - Subrogation and Recovery Alert! - 5 pgs total. When goods are damaged during transport, the seemingly obvious targets in a subrogated action are usually the carriers, being the parties who were contracted to handle and transport the goods. Another party may bear responsibility for the loss, the freight forwarder. Where property is damaged in transport, subrogation professionals should be alert to the possibility of recovering against freight forwarders who may have been involved in arranging carriage for the goods.
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April 16, 2007
Publication - Subrogation & Recovery - Insurance
Ford Recalls 500,00 Ford Escapes for Fire Causing Defect - Subrogation and Recovery Alert! - 1 pg total. Ford initiated the recall after receiving numerous complaints that the Escapes’ anti-lock brake module was over-heating, smoking and sometimes catching fire. Similar to the very familiar speed control deactivation switch fires, the Escapes’ anti-lock brake module is always energized and it can catch fire even if the car is turned off and the keys are out of the ignition.
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April 12, 2007
Publication - Employee Benefits & Executive Compensation, Labor & Employment
On April 10, 2007, the Internal Revenue Service (the ''IRS'') and the Treasury Department released the long-awaited final regulations regarding the taxation of non-qualified deferred compensation under Section 409A of the Internal Revenue Code of 1986, as amended (the ''Code''). Code Section 409A provides that amounts deferred under non-qualified plans and arrangements may be subject to current taxation and penalties if certain requirements are not satisfied.
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April 12, 2007
Publication - Appellate, Insurance Coverage, Intellectual Property, Products Liability, Subrogation & Recovery - Insurance
Remarks of Adam C. Bonin, Esq. Cozen O'Connor - Campaign Finance Law, Issue Advocacy and the Supreme Court - Remarks from a panel discussion held last Thursday, April 12, 2007, at the American Constitution Society, regarding the upcoming Supreme Court arguments in FEC v. Wisconsin Right to Life
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April 10, 2007
Publication
The Fifth Circuit Rules on Third Party Liability for Securities Fraud; Underscores Circuit Split; Supreme Court to Review - Securities and Financial Services Litigation Alert - The United States Fifth Circuit Court of Appeals recently issued an opinion concerning the liability of financial services companies and other vendors for their clients alleged securities fraud.
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April 01, 2007
Publication - Labor & Employment
Garden Leave: Helping Employers Control The Prickly Landscape Of Employee Departures - The Metropolitan Corporate Counsel -
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April 01, 2007
Publication - Insurance
Attacking the Root Of the Punitive Damages Problem: The Philip Morris v. Williams Decision - The Corporate Counselor - On Feb. 20, 2007, the U.S. Supreme Court issued a landmark decision on punitive damages in
Philip Morris USA v. Williams, __S.Ct.__ , 2007 WL 505781 when it found a jury’s $79.5 million punitive damage award, assessed in
conjunction with $821,000 in compensatory damages for negligence and deceit in misleading a smoker to believe that smoking was safe,
was unconstitutional.
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April 01, 2007
Publication - Labor & Employment
Staying Above Water - Corporate Counsel - While employers face a wave of confusion over existing FMLA mandates, the government could turn the tide yet again. In addition to likely updated regulations, legislation proposed by senator Christopher Dodd aims to provide six weeks of paid leave when an employee takes leave for his own serious health condition, or to take care of a parent, spouse, or child with a serious health condition. the senator also intends to broaden the reach of the FMLA.
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March 12, 2007
Publication - Subrogation & Recovery - Insurance
Application of Colorado's Construction Defect Action Reform Act - Subrogation and Recovery Alert! - 4 pgs total, includes photos. Although the statutes vary from state to state, there is at least one common theme – before filing suit, the property owner must give contractors written notice describing the specific defect, then allow contractors a fair opportunity to inspect the property and remedy the alleged problem. Topics: SPECIFIC FACTS OF THE COLORADO LOSS; COZEN O’CONNOR ARGUED FOR THE PROPER INTERPRETATION OF THE STATUTE
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March 04, 2007
Publication - Insurance Coverage
The Tenth Circuit Holds That Faulty Workmanship is not a Covered Event and Does Not Constitute Property Damage Under Colorado Law - Insurance Coverage Alert - 03/04/07 - On February 26, 2007, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s grant of summary judgment in favor of an insurer on the ground that poor workmanship by subcontractors,
standing alone, was not a covered event that constituted property damage under the contractor’s CGL policy. Adair Group, Inc. v. St. Paul Fire and Marine Ins. Co., 2007 WL 575983 (10th Cir. February 26, 2007).
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March 01, 2007
Publication - Insurance Coverage
Duties Owed to the Excess Insurer by the Insured and the Primary Insurer, and Theories of Recovery Upon Breach of Those Duties - ABA Insurance Coverage Litigation Committee Seminar - The duties and obligations undertaken by a primary insurer on behalf of its insured, such as the duties to defend and indemnify, are contractual and commonly known. Less clear are the duties and obligations existing between the primary insurer and the excess insurer that has contracted with the insured.
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March 01, 2007
Publication
PIECING IT ALL TOGETHER: THE AMENDMENT TO THE FEDERAL TRADEMARK COUNTERFEITING ACT PREVENTS CIRCUMVENTION THROUGH COMPONENT PARTS - AIPLA QUARTERLY JOURNALE -
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February 25, 2007
Publication
Insurance Coverage Observer - Winter 2008 -
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February 22, 2007
Publication - Insurance Coverage - Insurance
TRANSCRIPT: ATTORNEYS RUSS MELTON AND JOE GERBER ON RESPONDING TO CATASTROPHES - Best Wire - Recent disasters such as industrial explosions in Kansas City, Mo. and Apex, N.C., have led to large losses. For insurers, the best way to keep abreast of claims and contain catastrophe-related litigation is often for law firms and insurance counsel to become involved quickly. In a roundtable discussion, attorneys Russ Melton and Joe Gerber discussed the role of law firms and insurance counsel in responding to catastrophic incidents.
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February 12, 2007
Publication - Insurance Coverage
Insurance Coverage Observer Winter 2007 - Insurance Coverage Observer Winter 2007 -
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February 06, 2007
Publication - Insurance Coverage
California Court Issues Latest Important Decision for Insurers Regarding Liability Coverage for TCPA Claims - Insurance Coverage Alert - 02/06/2007 - This year promises to be another busy one for courts addressing whether commercial general liability policies
provide coverage for claims involving violations of the Federal Telephone Consumer Protection Act, 47 U.S.C.
§227 (“TCPA”). Under the TCPA, it is unlawful to send unsolicited fax advertisements.
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February 05, 2007
Publication
A friend who recently made partner at a large New York firm described the experience perfectly: After nine years of hard work and after an almost unbearable year and a half of backdoor politics, rumors, innuendo and insomnia, he received the long-awaited news that he had made the grade.
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February 01, 2007
Publication - Labor & Employment
Title VII Disparate Pay Claims: A Possible Flood? - The Corporate Counselor - The U.S. Supreme Court is currently considering a case of great importance to employers, Ledbetter v.Goodyear Tire & Rubber Co., Inc. It
will decide when the statute of limitations
begins to run under Title VII of the Civil Rights Act of 1964 (as amended) (“Title VII”) for certain types of disparate pay claims.
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