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August 26, 2013
Publication - Insurance
The U.S. District Court in the Southern District of New York recently granted, in part, a reinsurer’s motion for summary judgment on a late notice defense, but ruled the issue of whether a reinsurer was prejudiced by the cedent’s late notice will have to be determined at trial. In Ins. Co. of the State of Pa. v. Argonaut Ins. Co., the Insurance Company of the State of Pennsylvania, filed suit against its quota-share reinsurer, Argonaut, seeking reimbursement under a facultative reinsurance certificate. ICSOP sought to recover losses paid to its insured for asbestos bodily injury claims pursuant to a reinsured excess umbrella policy.
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August 26, 2013
Publication
Litigation is, by its very nature, adversarial. That, of course, has not stopped the vast majority of the nation's best lawyers from lawyering in a civil manner. While riding the circuit, Abraham Lincoln - who was America's longest practicing lawyer to become President - frequently pursued opportunities for settlement or mediation, recognizing that it was often more productive for his clients to approach their opponents with professionalism and open-mindedness, and that such an approach could strengthen the lawyer's reputation and that of his or her profession. With much of the attention these days focused on the country's sixteenth President as such, there still endures the wisdom of the country lawyer who once admonished his colleagues that "[a]s a peacemaker the lawyer has a superior opportunity of proclivity for conflict, personal insecurity, poor listening skills, [or] the inability to reason, discuss, and argue well."
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August 26, 2013
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Melissa Brill of the Global Insurance Department writes this article titled NY Insurers Breaching Duty to Defend May Lose Defenses to Indemnification in Property Casualty360 that focuses on the K2 decision,
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August 23, 2013
News - Condominiums & Cooperatives, Real Estate
Leni Morrison Cummins, a member in the firm's Real Estate Group, participates in a Q&A in the New York Times regarding what a tenant can do who has used the same storage spot for their bicycle for 25 years in their condominium building, and recently had the spot taken away.
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August 22, 2013
Publication - Subrogation & Recovery
In 2010, the Federal Rules of Civil Procedure were amended to change the scope and method of expert discovery in federal courts under Federal Rule of Civil Procedure 26. Now, more possible changes to Rule 26 are on the horizon and subrogation professionals and litigators should be mindful of these potential changes and the impact they will have on the discovery process in subrogation matters in federal court.
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August 19, 2013
News - Business, Public & Project Finance, Subrogation & Recovery
Cozen O’Connor was recently ranked by Thomson Reuters as the number two bond counsel firm in Pennsylvania for the first six months of 2013. Thomson Reuters bases its rankings on the principal amount of bonds issued. The firm’s public and project finance practice handles all types of finance transactions and has closed more than $33 billion in bond financings as bond counsel, underwriter’s counsel and borrower’s counsel for states, local governments, state and local authorities, nonprofits, and developers, among other diverse clients since 2007. Congratulations to the Public & Project Finance team on this well-deserved recognition.
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August 19, 2013
Publication - Corporate
Effective August 1, 2013, Section 18-1104 of the Delaware Limited Liability Company Act (the Act) was amended to confirm that, absent a provision in the limited liability company agreement to the contrary, the managers and controlling members of a limited liability company owe the fiduciary duties of care and loyalty to the limited liability company and its members.
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August 16, 2013
Publication
In a case widely reported by the national media, the Washington State Supreme Court recently ruled that a governmental entity may face liability for faulty road design that leads to injuries in car crashes, even when the driver is drunk and driving recklessly.
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August 16, 2013
News - Employment Litigation, Labor & Employment
In an article titled “Polish your social media policy,” Michael Schmidt, vice chair of the firm’s Labor & Employment Department, provides suggestions for creating an effective social media policy that does not infringe on employees’ rights.
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August 15, 2013
Publication - Bankruptcy, Insolvency & Restructuring, Business
Two recent bankruptcy cases decided on the same day by the same judge dealt with motions to amend the complaints in preference actions. Both cases illustrate the court's application of the relation-back doctrine, with differing results. Along the way, the court addressed the requirements for proper service and equitable tolling of the statute of limitations
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August 12, 2013
News - Employment Litigation, Family Law
Jennifer Brandt, a member of the firm’s Family Law Practice, appeared on Your World with Neil Cavuto on Fox News today to discuss the case of the New Zealand flight attendant who was allegedly fired from her job for abusing sick leave.
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August 05, 2013
Publication - Subrogation & Recovery - Insurance
In 2011, the National Fire Protection Association (NFPA) explicitly rejected negative corpus as a reliable methodology in fire investigation. Section 18.6.5 presents a significant obstacle to subrogation actions when a fire’s ignition source cannot be conclusively determined due to the damage caused by the fire, particularly when it is believed that the fire was caused by a discarded cigarette. However, a recent decision in a case being handled by Cozen O’Connor from the U.S. District Court for the Southern District of Ohio may serve as valuable precedent in such circumstances.
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July 31, 2013
News - Business, Corporate, Subrogation & Recovery
Cozen O'Connor's corporate team was chosen as the finalist in The Legal Intelligencer's Best Law Firm: Corporate Practices category. In a special section of The Legal Intelligencer, Cozen O'Connor corporate practice is highlighted and explains the teams success and strategy.
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July 31, 2013
Publication - Insurance Coverage
On July 12, 2013, the Georgia Supreme Court expanded covered damages in construction defect cases by broadening the definition of “occurrence,” yet left in place the insurer’s right to deny coverage based upon the lack of “property damage” and the business risk exclusions. Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462, 2013 WL 3481555 (Ga. July 12, 2013). Specifically, the Court held that damage to the insured’s property or work may constitute an “occurrence.”
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July 30, 2013
News - Corporate, Real Estate
On July 30, 2013, Jeffrey Leonard and Cozen O’Connor were featured in The Legal Intelligencer. The article, titled “From Beach Bodies to Bonds”, showcases the recent strategies that have led to success and growth for Cozen O’Connor. In the article, Leonard, of the Real Estate Practice Group, explained how Cozen O’Connor’s entrepreneurial spirit has helped them stay nimble enough to meet client demands through unique servicing and pricing strategies during the recession.
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July 29, 2013
News - Subrogation & Recovery - Insurance
In the Fireman’s Fund v. TD Banknorth case the Connecticut Supreme Court recently held that insurers should be made whole for their losses before policyholders can recoup deductibles from third parties, one of the first decisions to tackle a question that attorneys say will crop up more often now that deductibles have become costlier.
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July 25, 2013
News
Cozen O’Connor was recognized as a “Diversity Advocate" in MultiCultural Law Magazine’s 10th Anniversary issue. The firm is one of only 7 law firms, and Macy’s law department, that is profiled in the magazine’s cumulative anniversary issue. MultiCultural Law Magazine is a national publication that focuses on diversity and inclusion within the profession. Cozen O'Connor was chosen as a featured firm because of consistently high rankings over the last several years in areas that impact the promotion of diversity in the firm and in the profession.
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July 25, 2013
News - Employment Litigation, Labor & Employment
In an article titled “7 Tips For Employers on Social Media Discovery,” Michael Schmidt of the firm’s Labor & Employment Group discusses how social media is a new forum of potential evidence in employment cases.
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July 25, 2013
News - Securities Litigation & SEC Enforcement, White Collar Defense & Investigations
In an article titled ''Feds Charge Hedge Fund SAC Capital In NY Case,'' Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, Vice Chair of the Commercial Litigation Department and Office Managing Partner of the firm’s D.C. office, shares his insights into the SAC Capital Advisors indictment.
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July 24, 2013
Publication - Business
The New Jersey Legislature is considering a bill that would pose this question to voters in November: Should a small portion of the state sales tax be dedicated to preserve critical open spaces and farmland in New Jersey? For anyone concerned about the quality of life and property values in New Jersey, the answer should be "Yes!"
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