Debra Friedman Discusses Misclassification of Employees in Risk & Insurance

News - Employment Litigation, Labor & Employment

In an article titled “Classified Information,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses the government’s crackdown on misclassification of employees as independent contractors. According to Friedman, misclassification of employees has serious implications for companies, as they are at risk for investigations and lawsuits from both federal and state governments, as well as private lawsuits from individuals or classes of individuals.

Debbie Minkoff Discusses Babcock & Wilcox Co.’s Appeal in Law360

News - Insurance Coverage - Insurance

Debbie Minkoff of the Global Insurance Department discusses Babcock & Wilcox Co.’s appeal and what it means for commercial policyholders in Law360.

Perspectives on DOT’s "Transparency of Airline Ancillary Fees and Other Consumer Protection Issues” Rulemaking [The Air & Space Lawyer]

Publication - Aviation, Transportation & Trade - Aviation

David Heffernan of Transportation & Logistics in Washington, DC has edited a special issue of the American Bar Association’s Air & Space Lawyer publication focusing on the U.S. Department of Transportation’s pending rule making on airline “passenger protections.”

Debra Friedman Discusses the Genetic Information Nondiscrimination Act in Human Resource Executive Online

News - Employment Litigation, Labor & Employment

In an article titled “The Trouble with Medical-History Requests,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses Equal Employment Opportunity Commission v. Cummins Power Generation Inc., in which the EEOC alleges Cummins improperly required an employee to undergo a fitness-for-duty examination and to sign a release for all of his medical records. The case is one of very few GINA lawsuits to date. ''HR should make sure there is a permissible purpose for conducting a fitness-for-duty exam or asking for medical information. Then it's very important that it is narrowly tailored to that permissible purpose,'' said Debra.

U.S. Supreme Court Clarifies Standards for Restitution Orders [The Legal Intelligencer]

Publication - Appellate

In an article titled ''U.S. Supreme Court Clarifies Standards for Restitution Orders,'' Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Kaitlin DiNapoli, an associate in the Commercial Litigation Department, discuss Paroline v. United States, in which the Court crafted a new causation standard for awards of restitution following federal criminal convictions.

Jennifer Brandt Named One of Main Line Today’s 2014 ''Power Women''

News - Family Law

Jennifer Brandt, a member of Cozen O’Connor’s Family Law Practice and editor of the blog ''Family Law Focus,'' was selected by Main Line Today as one of their 2014 ''Power Women.'' Jennifer has built an active family law practice, representing parties in divorce, custody, and support/alimony matters throughout Pennsylvania and New Jersey. She also negotiates prenuptial, post-nuptial and cohabitation agreements. Recognized as a legal expert by the media, Jennifer appears regularly on national and local television and radio. She can be seen on CNN, Fox News Network, MSNBC, Headline News, ABC and NBC, as well as a number of Philadelphia-area news programs.

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).