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Click On The Dotted Line [Digital Photo Pro]

February 20, 2013

Publication

Samuel Lewis discusses the legal evolution of digital signatures and the implications for contracts.


Utilities Sector To Be a Focus of Executive Order Directing Development of Critical Infrastructure Cybersecurity Framework [Energy, Environmental and Utilities Alert]

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.”


IP: 5 practice tips from the recent Rambus rulings [Inside Counsel]

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.


Texas Looks to 'Rejuvenate the Courthouse' With New Rules... [Global Insurance Alert]

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


Avoiding a Saint Valentine's Day Massacre [Labor & Employment Alert]

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.


Administrative Priority Status Given to Indemnification Obligation Claim [Delaware Business Court Insider]

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).


Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer [Global Insurance Alert]

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).


Cozen O'Connor Member Discusses Wilmington, Del Courthouse Shooting on Good Day Philadelphia

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.


Washington Supreme Court Issues an Unprecedented Decision Regarding a First-Party Insured’s Compliance with a Policy’s EUO Provision [Global Insurance Alert]

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.


Cozen O’Connor Announces New Office Managing Partner for Harrisburg Office

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.


Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney's Ethical Obligations Trump Professional Liability Policy Term [Professional Liability Alert]

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.


The Supreme Court Revisits the Takings Clause [The Legal Intelligencer]

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.


Below-Limits Settlements and the Coverage Obligations of Excess Insurers-The Diminshed Reach of Zeig [Professionals', Officers' and Directors' Liability Committee Newsletter]

February 06, 2013

Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance


Title VII: Protecting Veganism and Other Sincerely Held Ethical and Moral Beliefs [The Legal Intelligencer]

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.


Cozen O’Connor Team Secures Motion for Nonsuit

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.


Australia International Law Digest [International Digest]

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.


Michael Heller Interview in Of Counsel Management Report

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.


Germany International Law Digest [International Digest]

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.


Canada International Law Digest [International Digest]

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.


Barry Boss Quoted in Bloomberg News

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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