Courts Rule on Underfunded Condominium Reserve Funds [Mann Report]

Publication - Condominiums & Cooperatives, Real Estate

Leni Morrison Cummins, a member in the firm's Real Estate Group, discusses sponsors of condominium conversions and the ownership and funding of reserve funds.

Crowdfunding Is Causing Creative Disruption to Real Estate Transactions [UCLA Economic Letter]

Publication - Corporate, Real Estate

Paul Rutter, a member of Cozen O'Connor's Real Estate Practice, discusses crowdfunding in the UCLA Economic Letter.

SEC, FINRA and the MSRB Announce Compliance Outreach Program for Municipal Advisors [Public & Project Finance Alert]

Publication - Public & Project Finance

The Securities and Exchange Commission (the SEC), the Financial Industry Regulatory Authority (FINRA), and the Municipal Securities Rulemaking Board (the MSRB) announced today the opening of registration for the first Compliance Outreach Program for Municipal Advisors (the Compliance Outreach Program) that will take place in Chicago on November 3, 2014.

NE Supreme Court Issues Insurer-Friendly Decision on the Applicability of the Pollution Exclusion [Global Insurance Alert]

Publication - Insurance Coverage - Insurance

In interpreting the scope of the pollution exclusion, one question seems to appear in case after case — what exactly does the pollution exclusion exclude? In State Farm Fire & Casualty Company v. Dantzler, 289 Neb. 1 (2014), the Supreme Court of Nebraska added to the body of law on that question while summarizing the various interpretations from other jurisdictions.

Alycen Moss Featured in ACE White Paper on Home Renovation Risks

News - Insurance Coverage, Professional Liability Insurance Coverage - Insurance

Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, is featured in an ACE white paper titled ''Managing Home Renovation Risks for High Net Worth Homeowners.''

Zero-tolerance v. hands-free: What should be your cell phone policy? [InsideCounsel]

Publication

In an article titled, "Zero-tolerance v. hands-free: What should be your cell phone policy," Dexter Hamilton, a member of Cozen O'Connor's Commercial Litigation Department and Thomas Leonard, an associate in the Commercial Litigation Department, compare the two major policy frameworks governing the use of cell phones by employees while driving: zero-tolerance and hands-free. Each approach has positive aspects, but neither can guarantee that a company will not be held liable for an employee’s distracted driving accident.

Joseph Dever and Linda Riefberg Discuss the Burden of FINRA and SEC Exams in Bloomberg Brief

News - Securities Litigation & SEC Enforcement

In an article titled ''Regulatory Exams May Push Small Firms to Deregister or Restructure, Attorneys Say,'' Linda Riefberg and Joseph Dever, members of Cozen O’Connor’s Commercial Litigation Department, discuss the burden of FINRA and SEC exams and the impact of the SEC’s ''broken window'' policy on smaller firms. They told Bloomberg’s Melissa Karsh that the cost to comply with longer and more extensive enforcement exams by U.S. regulators could drive smaller firms out of the market.

Portions of Property Exempt for Religious Use [Tax Alert]

Publication - Tax

A panel of the Commonwealth Court held that portions of a 45-acre tract were entitled to exemption as places of regularly stated religious worship. Four Quarters Interfaith Sanctuary of Earth Religion v. Medford County Board of Assessment and Revision of Taxes, No. 1963 C.D. 2013 (Pa. Commw. Sept. 16, 2014). The tract in question was used to conduct open air religious practices of a religious faith. The property was secluded, which served to protect the privacy of the participants. The trial court held that certain portions of the property were exempt but others were not.

16 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

Press Release

The 2014 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 16 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Angelo Savino Quoted in Law 360 on Unfinished-Business Litigation

News - Insurance Coverage - Insurance

Angelo Savino of the Global Insurance Department was quoted in a Law360 article titled "Unfinished-Business Suits Live On Despite NY Drubbing."

Not Another Napster 3D Printing and the Coming Fight Over IP Rights Violated by Unrepentant Copiers [LaywerMade]

Publication

David Heffernan & Mark Atwood at the ABA Forum on Air & Space Law 2014 Annual Meeting

News - Aviation

David Heffernan and Mark Atwood, both of the Washington, DC office, participated in the ABA Air and Space Law Forum conference in Montreal, which featured the book

Pennsylvania Supreme Court Considers Whether Social Science Is 'Common Sense' or a Tool to Correct Juror Misconceptions [Civil Litigation Update]

Publication - Appellate

In an article titled ''Pennsylvania Supreme Court Considers Whether Social Science is ‘Common Sense’ or a Tool to Correct Juror Misconceptions,'' Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Thomas O’Rourke, an associate in the Commercial Litigation Department, discuss two recent Pennsylvania Supreme Court decisions regarding the use of social science experts in criminal cases.

Will the Supreme Court Take a Stand on Standing in BP Case? [The Legal Intelligencer]

Publication - Appellate

It is axiomatic that to certify a class, plaintiffs must show all members satisfy Article III standing and Rule 23 requirements. While federal courts "do not require each member of a class to submit evidence of personal standing, a class cannot be certified if it contains members who lack standing" to pursue the claim(s) asserted, according to Halvorson v. Auto Owners Insurance, 718 F.2d 773 (8th Cir. 2013).

Competing Outside the Courtroom: "Trying" the Deal [The Temple 10-Q]

Publication

Temple Law School has long been known for its trial advocacy programs. What some may not know is that its transactional programs are growing fast, and provide students with innovative hands-on opportunities to develop competitive business transactional skills, such as negotiating and drafting corporate documents

DOT Action on NAI’s Application to Serve the U.S., the Continuing Focus on Ancillary Service Fees [Aviation Regulatory Update]

Publication - Aviation, Aviation Litigation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones - Aviation

This edition of the Cozen O’Connor Aviation Regulatory Update covers DOT action on Norwegian Air International’s application to serve the U.S., Congress’ and DOT’s continuing focus on airline ancillary service fees and consumer protection, new enforcement actions by DOT and FAA, and proposed changes to federal agency regulations and policies affecting the aviation industry.

Preventing the Leak of Embarrassing Information Online [The Legal Intelligencer]

Publication - White Collar Defense & Investigations

In an article published in the Legal Intelligencer, Hayes Hunt, a member of Cozen O’Connor’s Commercial Litigation Department, and Jillian Thornton, an associate in the Commercial Litigation Department, discuss the steps companies should take if compromising information on an employee is stolen and posted online.

Cozen O’Connor’s Addition of Insurance Litigator Strengthens Chicago Office

Press Release - Insurance Coverage

Cozen O’Connor welcomes Wendy Enerson as a member in its Chicago office, where she brings decades of experience with insurance litigation and dispute resolution.

OFCCP Announces Proposed Rule on Pay Transparency [Labor & Employment Alert]

Publication - Employment Litigation, Labor & Employment

The Office of Federal Contract Compliance Programs (OFCCP) has announced a proposed rule on pay transparency, to be published in the September 17, 2014 Federal Register. The proposed rule would implement Executive Order 13665, which prohibits federal contractors from retaliating against applicants and employees for inquiring about, disclosing or discussing pay information. The proposed rule applies to covered federal contracts and subcontracts exceeding $10,000 in value that are entered into or modified on or after the effective date of the final rule. While the proposed rule could change before it is finalized, it is time for federal contractors to consider their policies and practices on pay information.

Pennsylvania Court Holds Implied Warranty of Habitability Does Not Extend to Subsequent Purchasers [Subrogation & Recovery Alert]

Publication - Subrogation & Recovery

The Supreme Court of Pennsylvania recently held that the implied warranty of habitability does not extend to the subsequent purchaser of a previously occupied home. See Conway v. Cutler Group, Inc., 2014 Pa. LEXIS 2084, No. 80 MAP 2013 (August 18, 2014). The court concluded that the decision of whether to extend the implied warranty of habitability, and under what circumstances such an extension would be warranted, was a matter of public policy properly left to the General Assembly.