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April 27, 2011
Publication - Immigration Policy & Strategy, Labor & Employment
New Validation Instrument for Business Enterprises (VIBE) program. - Immigration Alert! - In a misguided effort to “simplify” the sponsorship process for the employer, U.S. Citizenship and Immigration Services (USCIS) has complicated the process further by instituting its new Validation Instrument for Business Enterprises (VIBE) program. VIBE is web-based tool used to confirm company details provided by the petitioner in employment-based immigrant and nonimmigrant visa petitions.
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April 26, 2011
Publication - Subrogation & Recovery - Insurance
Flash, Kaboom! Water Heater Failures Involving GACs - Subrogation and Recovery Alert! - Closing a water heater fire subrogation file because lightning hit the home? Did the water heater have a Gas Appliance Connector (GAC)? If a GAC was part of the water heater system, it must be evaluated as part of the overall subrogation investigation.
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April 22, 2011
Publication
Supreme Court Noses the Door Open a Bit Wider For Plaintiffs in Securities-Fraud Class Actions - Class Action Litigation Report - In Matrixx Initiatives Inc. v. Siracusano, a unanimous Supreme Court declined to adopt a bright-line rule that would have made a drug company’s failure to disclose adverse event reports material only if the reports were statistically significant. Instead, the Court reaffirmed the fact sensitive standard it adopted more than two decades ago: an omission is material under the securities laws only if...
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April 21, 2011
Publication - Business, Tax
Air Pump Sales Not Taxable - Tax Alert! - In a divided panel decision, the Commonwealth Court held that sales from coin operated air vending machines located in gas stations and convenience stores were not taxable for Sales and Use Tax purposes. Air-Serv Group, LLC v. Commonwealth, No. 459 F.R. 2008 (Pa. Cmwth. April 14, 2011). The majority held that the sales were not taxable for several reasons.
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April 20, 2011
Publication - Business, Tax
Reassessment to Comparables Denied - Tax Alert! - A panel of the Commonwealth Court concluded that, although a taxpayer demonstrated that his property was assessed at a much greater value than certain comparable properties in a development, he was entitled to no relief beyond application of the common level ratio. Smith v. Carbon County Board of Assessment Appeals, 10 A.3d 393 (Pa. Commw. 2010).
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April 19, 2011
Publication - Business, Tax
Use Value of Forest Reserve Correctly Determined - Tax Alert! - A panel of the Commonwealth Court concluded that, although a taxpayer demonstrated that his property was assessed at a much greater value than certain comparable properties in a development, he was entitled to no relief beyond application of the common level ratio. Smith v. Carbon County Board of Assessment Appeals, 10 A.3d 393 (Pa. Commw. 2010).
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April 19, 2011
Publication
Confronting Changes in Confrontation Clause Jurisprudence - The Legal Intelligencer - It is a little-known fact that statues of turtles rest at the bottom of several lampposts in the Supreme Court building. Architect Cass Gilbert's design of the building reportedly featured the turtle prominently because it symbolized the slow, deliberate pace of justice to be rendered by the court. For the most part, the analogy has held true.
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April 18, 2011
Publication - Electronic Discovery & Practice Advisory Services
All too often in today’s litigation environment, electronic discovery issues turn into expensive deathtraps that threaten to overwhelm the merits of the actual dispute between the parties. But prepared litigants can and should take measures to avoid the “gotcha” pitfalls attendant to e-discovery long before the terabytes have been put through the thresher.
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April 15, 2011
Publication - Business, Tax
Community Center Was Not a Charity - Tax Alert! - An en banc decision of the Commonwealth Court held that a community center that provided free services for all its programs was not a purely public charity entitled to an exemption for real estate tax purposes. Church of the Overcomer v. Delaware County Board of Assessment Appeals, No. 269 C.D. 2010 (Pa. Commw. Mar. 17, 2011). The decision appears to be incorrectly decided. Click here for the entire story.
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April 11, 2011
Publication - Insurance Coverage - Insurance
Second Circuit Affirms S.D.N.Y. Decision Finding No Coverage Due to "Prior Knowledge" Exclusion in Broker/Dealer Professional Liability Claims-Made Policy - Insurance Coverage Alert! - On November 16, 2010, the 2nd Circuit affirmed a decision by Judge Peter K. Leisure of the Southern District of New York granting the insurer’s (Quanta) motion for summary judgment as to professional liability coverage. See Quanta Specialty Lines Ins. Co. v. Investors Capital Corp., No. 10-0219, 2010 U.S. App. LEXIS 23594 (2d Cir. Nov. 16, 2010), affirming, No. 06 Civ. 4624 (PKL), 2009 U.S. Dist. LEXIS 117689 (S.D.N.Y. Dec. 17, 2009).
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April 08, 2011
Publication - Business
FINRA Adopts New Regulations to Address the Allocation, Pricing and Trade of New Issues - Securities Offerings and Regulation Alert! - The Securities and Exchange Commission recently approved Financial Industry Regulatory Authority (FINRA) Rule 5131, which will go into effect on May 27, 2011. This rule imposes substantial new limitations on the initial public offering process in an effort to engender public confidence. The rule imposes prohibitions on broker-dealers (FINRA members) participating in the allocation, pricing, and trading of "new issues."
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April 07, 2011
Publication - Insurance Coverage - Insurance
The Earthquake and Tsunami in Japan: A Factual Overview and Preliminary First-Party Analysis - Cozen O'Connor White Paper - Whether or not you are involved in addressing claims under first party policies, we trust you will find the factual information contained in the report informative. In the event you need additional information or assistance, please contact Rick Mackowsky who will act as our "expeditor" to make sure you are getting to the right person at the firm to handle any issues you have.
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April 06, 2011
News - Antitrust & Competition
Jonathan Grossman quoted in Reuters
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April 06, 2011
Publication
In Matrixx Initiatives, Inc. v. Siracusano, a unanimous Supreme Court declined to adopt a bright-line rule that would have made a drug company’s failure to disclose adverse event reports material only if the reports were statistically significant. Instead, the Court reaffirmed the fact sensitive standard it adopted more than two decades ago: an omission is material under the securities laws only if there is a ''substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the ‘total mix’ of information made available.''
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April 04, 2011
Publication - Insurance Coverage - Insurance
Florida Federal Court Finds No Coverage For Chinese Drywall Claims Against Builder Under CGL Policy Pollution Exclusion - Insurance Coverage Alert! - On March 24, 2011, the U.S. District Court for the Southern District of Florida granted summary judgement in favor of insurer, General Fidelity Insurance Co., finding that it had no duty to defend or indemnify its insured-homebuilder for Chinese drywall claims pursuant to the pollution exclusion contained in its commercial general liability policies. General Fidelity Ins. Co. v. Katherine L. Foster, et al., Case No. 09-80743-CIV MOORE/SIMONTON (S.D. FLA. March 24, 2011).
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April 01, 2011
Publication - Insurance Coverage, Professional Liability - Insurance
IMPLICATIONS OF THE GENZYME DECISION: LOSS UNDER A D&O POLICY - PLUS Journal - Recently, in Genzyme Corp. v. Federal Insurance Co., 2010 WL 3991739 (1st Cir. 2010), the U.S. Court of Appeals for the 1st Circuit construed the definition of loss in a D&O policy and a so-called “bump-up” exclusion that precluded coverage for claims seeking an increase or “bump-up” in the consideration for the company’s securities.
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April 01, 2011
Publication
Ethical Vignettes - Personal Injury Potpourri -
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April 01, 2011
Publication - Corporate, Real Estate
Paul Rutter, a member of Cozen O'Connor's Real Estate Practice, discusses a lender's right to waive in Korek Land Company, Inc's Commentaries & Bulletins.
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April 01, 2011
News - Antitrust & Competition
Jonathan Grossman quoted in The Wall Street Journal
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April 01, 2011
Publication - Antitrust & Competition, Business, Health Care & Life Sciences
After a two month delay, the Federal Trade Commission (FTC) and Department of Justice (DOJ), acting jointly, and the Center for Medicare & Medicaid Services (CMS) released proposed regulations for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (the Program). The Program was created pursuant to the Affordable Care Act and was intended to encourage health care providers to better work together to lower costs and improve patient outcomes.
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