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April 01, 2011
Publication - Antitrust & Competition, Business, Construction Law - Real Estate & Construction
Bid Rigging In The Crosshairs - Construction Today -
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April 01, 2011
Publication - Insurance Coverage - Insurance
On March 17, 2011, the Florida Supreme Court finally resolved years of speculation, conjecture, and debate regarding the seemingly endless boundaries of permissible discovery of attorney-client communications in the bad faith context. The Florida Supreme Court’s decision in Genovese v. Provident Life and Accident Insurance Company reaffirmed the sanctity of the attorney-client privilege and specifically conscripted it from falling into the Ruiz vortex of discovery in bad faith cases.
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March 31, 2011
Publication - Subrogation & Recovery - Insurance
Update: The Big Chill of 2011 - Evaluating Subrogation Claims Arising From the February 2011 Interruption of Gas Service by New Mexico Gas Company - Subrogation and Recovery Alert! - Recent factual developments into the cause of freeze losses in early to mid February in New Mexico point to viable subrogation claims against the New Mexico Gas Company, a natural gas utility, for interrupting gas service to many of its customers. This Alert provides insight and analysis into the successful presentation of subrogation claims arising from that gas service interruption.
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March 30, 2011
Publication
On February 17, 2011, U.S. District Judge Richard J. Holwell in the Southern District of New York entered an order In re Vivendi Universal, S.A. Securities Litigation, 02-5571 (S.D.N.Y. Feb. 22, 2011), that dramatically reduced the potential amount of a plaintiff's jury verdict in a securities class action under section 10(b), originally estimated at approximately $9 billion.
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March 29, 2011
Publication - Labor & Employment
Effective next week (April 9, 2011), employers must comply with significant, substantive, and procedural obligations in New York’s new Wage Theft Prevention Act (Act). This alert highlights the new requirements, which apply to virtually every company that employs individuals in New York. While many of these new obligations will cause administrative and logistical headaches, the potential consequences for failing to comply have increased as well.
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March 28, 2011
Press Release - Private Client Services
Cozen O’Connor Adds New York Trusts and Estates Attorney Jeffrey B. Kolodny
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March 24, 2011
Publication - Insurance Coverage - Insurance
D&O Liability: Vivendi – The Multi-Billion Dollar Impact of Morrison on Foreign-Cubed Securities Litigation - Insurance Coverage Alert! - On February 17, 2011, U.S. District Judge Richard J. Holwell in the Southern District of New York entered an order in In re Vivendi Universal, S.A. Securities Litigation, 02-5571 (S.D.N.Y. Feb. 22, 2011), that dramatically reduced the potential amount of a plaintiff’s jury verdict in a securities class action under section 10(b), originally estimated at approximately $9 billion.
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March 21, 2011
News - Antitrust & Competition
Jonathan Grossman quoted in The Wall Street Journal
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March 21, 2011
Publication
Brett Watson contributed an article to the Los Angeles Daily Journal discussing how to protect your company against employee embezzlement.
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March 21, 2011
Publication - Intellectual Property
Justices Poised to Clarify Standards of Proof in Intellectual Property Cases - The Legal Intelligencer - In the coming year, the Supreme Court is poised to overhaul the standards of proof in important areas of IP litigation. This may both hearten and frustrate longtime IP practitioners. At a very basic level, the attention is nice. Then again, it's worth remembering that IP is a sufficiently complicated field as to warrant its own, dedicated
appellate court (the Federal Circuit). When the nine justices consider an IP issue, they do so as novices in that specialized domain,
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March 18, 2011
Publication - Subrogation & Recovery - Insurance
Heating up Frozen Claims: Winter Subrogation Losses - Subrogation and Recovery Alert! - Roof collapses and frozen pipes spilling out of your e-mail box? Don't fall prey to assuming all winter losses are "Acts of God" and not potentially viable. This Alert provides a "playbook" to follow when evaluating winter subrogation losses.
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March 11, 2011
Publication - White Collar Defense & Investigations
Hold ’Em or Draw: The Strange Case of U.S. Enforcement Efforts Against Internet Gambling and Peer-to-Peer Poker - White Collar Crime Report - While federal and state legislators around the nation parse bills to regulate Internet poker, federal prosecutors have been quietly forfeiting Internet gaming proceeds under federal forfeiture statutes. These efforts follow several notable recent prosecutions of individuals for dealing with Internet gaming proceeds.
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March 09, 2011
Publication - Insurance Coverage, Professional Liability - Insurance
New York High Court: "Other Insurance" Clause Relieves D&O Insurer of Obligation to Share Defense Costs with CGL Insurer - Insurance Coverage Alert! - In Fieldston Property Owners Ass’n, Inc. v. Hermitage Ins. Co., Inc., 2011 NY Slip Op. 01361 (Feb. 24, 2011), the New York Court of Appeals ruled that a D&O policy’s excess “other insurance” clause relieved the D&O insurer of any obligation to reimburse a CGL insurer for defense costs incurred in connection with two underlying tort actions. In Fieldston, Hermitage Insurance Company issued an occurrence-based CGL policy to Fieldston Property Owners Association. Federal
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March 08, 2011
Publication - Subrogation & Recovery - Insurance
Subrogation and Recovery Sinkholes Field Adjuster's Handbook - Cozen O'Connor Subrogation Handbook - Having that sinking feeling again about another property claim? Sinkhole claims can represent favorable subrogation opportunities if investigated promptly and handled effectively. This brochure provides an overview of subrogation issues triggered by sinkhole losses, with an easy to use check list
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March 08, 2011
News
The Philadelphia Business Journal’s blog published a post praising a piece by David Walton originally published on From the Sidebar, a Cozen O'Connor blog published by litigator Hayes Hunt. Walton, a member of the firm’s Labor & Employment Practice Group, wrote about his struggle with a stutter and how he has used it to become a better trial lawyer. The blog post was also mentioned in Abovethelaw.com’s Non-Sequiturs last week.
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March 07, 2011
News - Intellectual Property, Trademark & Copyright
Scott Schwartz on Fox29 news
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March 07, 2011
Publication - Labor & Employment
On February 17, 2011, Philadelphia City Council Member Donna Reed Miller introduced a bill which would amend the Philadelphia law ''Regulation of Businesses, Trades and Professions,'' by adding a chapter titled ''Fair Criminal Record Screening Standards.'' If enacted, this bill would outline procedures for all Philadelphia employers in the timing and conducting of criminal background checks on potential employees during the initial interview or primary application process.
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March 04, 2011
Publication - Labor & Employment
On Tuesday, March 1, 2011, the U.S. Supreme Court issued a unanimous decision in the long-awaited “cat’s paw” case of Staub v. Proctor Hospital. The decision will likely broaden the permissible theories under which a current or former employee might bring a discrimination lawsuit against a company. It may also serve as another cautionary tale for those who use social media for employment-related decisions.
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March 02, 2011
News
Stephen Miller, a member in the Criminal Defense and Government Investigations Practice Group, was quoted in a Bloomberg News article. The article addressed Danielle Chiesi, former consultant for New Castle Funds LLC, pleading guilty to conspiracy to commit securities fraud charges. Mr. Miller commented on how this affects accused co-conspirator Raj Rajaratnam, noting, ''The plea is bad for Rajaratnam any way you look at it. If she's cooperating, that’s really bad for him. If not, the plea allows the government to focus all its guns [on Rajaratnam].''
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March 01, 2011
Publication
On February 23, 2001, the Pennsylvania Supreme Court held that Pennsylvania's attorney-client privilege operates as a ''two-way street'' and protects confidential communications from client-to-attorney as well as communications from attorney-to-client. See Gillard v. AIG Ins. Co., No. 10 EAP 2010 (Pa. Feb. 23, 2011). The Court's decision marks the end of lingering uncertainty that has existed in Pennsylvania regarding the scope of attorney-client privilege - uncertainty that was sharply brought into focus by the Pennsylvania Superior Court's May 2007 decision in Nationwide Mut. Ins. Co. v. Fleming, 924 A.2d 1259 (Pa. Super. Ct. 2007). There, the Superior Court construed the Pennsylvania privilege statute narrowly and held that only communications from client-to-attorney (and not attorney-to-client) were privileged.
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