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February 20, 2013
Publication
Samuel Lewis discusses the legal evolution of digital signatures and the implications for contracts.
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February 20, 2013
Publication - Business, Technology, Privacy & Data Security
Little more than a week after reports of cyber attacks targeted at the Department of Energy, The New York Times and The Wall Street Journal, President Obama declared in his State of the Union address that these forms of attacks on the nation’s critical infrastructure are rapidly growing and present “real threats to our security and our economy.”
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February 19, 2013
Publication - Intellectual Property, Patents
Four recent decisions shine some light on document retention policies. Case law has not been particularly precise as to when inside counsel should advise clients to begin the tedious—and costly—task of preserving documents for patent litigation. However, the twin 2011 rulings by the Federal Circuit (Micron II and Hynix II) followed by their respective 2013 remand decisions provide a solid primer. Together, these four decisions highlight a proper path for document preservation and the fatal consequences of failing to comply.Inside counsel should take note because document retention (and its converse cousin, spoliation) can negatively impact the enforceability of a company’s intellectual property while establishing a core defense for the accused infringers. This article examines the recent Rambus rulings, particularly the sanctions meted out for document retention violations and spoliation.
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February 15, 2013
Publication - Insurance Coverage - Insurance
In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early
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February 14, 2013
Publication - Labor & Employment
Besides sending flowers or a card to your sweetheart on Valentine's Day, we like to remind our employer clients that a good way to show some love to your employees is by taking steps to protect them from workplace violence. But first, a little history.
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February 13, 2013
Publication - Bankruptcy, Insolvency & Restructuring
In WM Inland Adjacent LLC v. Mervyn's LLC...the U.S. Bankruptcy Court for the District of Delaware faced a question of first impression: whether a claim arising from an indemnification provision in a nonresidential commercial lease with the debtor, which the debtor rejected post-petition, was entitled to administrative priority under §365(d)(3), or was a pre-petition, general unsecured claim under §502(g).
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February 13, 2013
Publication - Bad Faith, Insurance Coverage - Insurance
In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to timely settle a personal injury claim, the third-party claimant must produce evidence of conduct by the insurer that is outrageous, because of the defendant’s evil motive or his reckless indifference to [her] rights in order to establish a bad faith claim under the Kentucky Unfair Claims Settlement Practices Act (UCSPA).
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February 12, 2013
News - Family Law
Jennifer Brandt, a member of Cozen O’Connor’s Philadelphia office, appeared on Good Day Philadelphia on Fox 29 to discuss the recent shooting that took place at a Wilmington, DE courthouse.
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February 11, 2013
Publication - Insurance Coverage - Insurance
The examination under oath has long served as a valuable tool to prevent fraud and exaggeration in property insurance claims, while also keeping the cost of insurance as low as possible. The Washington Supreme Court, however, did insurance consumers no favor when it recently held, in an 8-1 decision, that an insured may substantially comply with an insurer's request for examination under oath (EUO), even where the insured never submitted to the requested EUO. Staples v. Allstate Ins. Co., No. 86413-6, Washington Supreme Court (Jan. 24, 2013). The court also held that an insurer must establish actual prejudice before denying a claim based on the insured's noncompliance with the EUO request. The court's decision is a departure from previous precedent.
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February 08, 2013
Press Release - Subrogation & Recovery
Dave Zambito has been appointed the office managing partner for the firm’s Harrisburg, Pa., office. Mr. Zambito is a member in the Cozen O’Connor’s Business Law Department’s Utility, Environmental & Energy Practice Group.
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February 07, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar Assoc. Mut. Ins. Co. v. Greenfield & Assocs., P.C., No. 1-11-0337, 2012 Ill. App. LEXIS 921 (Ill. Ct. App. Nov. 9, 2012). The court held the insurer had a duty to defend its insured against a legal malpractice claim. The court rejected the insurer’s reliance on the prohibition against admitting liability in its Voluntary Payments condition.
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February 07, 2013
Publication - Appellate
The U.S. Supreme Court granted certiorari this term on two issues concerning the Fifth Amendment's Takings Clause. The justices heard oral arguments January 15 on a case focused on the conditions that a land-use agency may attach when issuing a development permit.
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February 06, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
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February 06, 2013
Publication
Chenzira v. Cincinnati Children’s Hosp. Med. Ctr., No. 1:11-cv-00917 (S.D. Ohio Dec. 27, 2012), highlights a rarely litigated issue in Title VII cases: what constitutes a religious practice or belief. In Chenzira, a customer service representative who worked at an Ohio hospital for more than 10 years was discharged from employment for refusing a flu shot.
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February 05, 2013
News
Jeffrey Weil, Dexter Hamilton and a team of Cozen O’Connor litigators successfully defended a mid-sized, regional law firm and one of its senior corporate partners in a legal malpractice case brought in the Philadelphia Court of Common Pleas. The case involved an underlying business transaction that went bad. Our law firm clients had represented a closely held corporation whose stock was sold to a publicly traded company.
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February 01, 2013
Publication - Subrogation & Recovery
International Law Digest containing the limitation periods in general, funding actions in Australia, privilege, bringing court proceedings, the role of experts, interim remedies, disclosure and costs.
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February 01, 2013
News
In an interview titled, "Newly Elected CEO Guides Cozen O'Connor Toward Practice Diversity and Market Expansion," Michael Heller speaks with author Steve Taylor on a variety of topics.
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February 01, 2013
Publication - Subrogation & Recovery
International Law Digest containing the limitation periods in general, funding actions in Germany, privilege, bringing court proceedings, the role of experts, interim remedies, disclosure and costs.
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February 01, 2013
Publication - Subrogation & Recovery
International Law Digest containing the limitation periods in general, funding actions in Canada, privilege, bringing court proceedings, the role of experts, interim remedies, disclosure and costs.
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January 31, 2013
News
In an article titled, ''Ex-Jefferies Arrest Shows Market Lacking Transparency,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, comments on the arrest of Jesse Litvak, a former Jefferies & Co. mortgage-bond trader, and the likelihood that similar arrests will follow. ''He's the first, but won't be the last,'' said Barry.
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