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August 15, 2012
Publication - Subrogation & Recovery - Insurance
Cle Elum Burning: The Taylor Bridge Fire - Subrogation and Recovery Alert! - On Monday August 13 a fire broke out in the rural area around Cle Elum, Washington.
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August 14, 2012
Publication - Insurance Coverage - Insurance
Eleventh Circuit Holds An Arbitration Panel is A Tribunal Under 28 U.S.C. § 1782 For Purposes of Obtaining Discovery For Use in Foreign Arbitration - Global Insurance Alert! - As a matter of first impression, the United States Court of Appeals for the 11th Circuit, held that an arbitral panel in Ecuador was a tribunal under 28 U.S.C. § 1782 for purposes of obtaining discovery for use in foreign proceedings. See, Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS
Forwarding (USA), Inc., No. 11-12879, 2012 WL 2369166 (11th Cir. June 25, 2012).
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August 13, 2012
Publication - Utility & Energy
PUC Extends Energy Efficiency Program Into Second Phase, But Sets Stage For Additional Act 129 Proceedings - Energy, Environmental and Utilities Alert - On August 3, 2012, pursuant to Act 129 of 2008 (“Act 129”), the Pennsylvania Public Utility Commission (“PUC”) issued an order extending mandatory electricity consumption reduction targets in the Commonwealth into a second phase.
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August 13, 2012
Publication - Employment Litigation, Labor & Employment
Pennsylvania Adopts FLSA's 8/80 Overtime Rule for Health Care Industry Employers - Labor and Employment Alert - Pennsylvania has taken a major step toward making its overtime requirements for employers in the health care industry consistent with federal rules.
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August 10, 2012
Publication - White Collar Defense & Investigations
Immediately after the Supreme Court decided United States v. Booker, 543 U.S. 220 (2005), cries arose from all corners of the federal criminal justice system that the sky had fallen and chaos undoubtedly would reign until Congress saved the day with a legislative fix. John Gibeaut echoed popular sentiment when he wrote in the ABA Journal eReport, on January 15, 2005, “Prosecutors likely won’t be the only ones on shaky ground after this week’s U.S. Supreme Court decision. . . . The earth also could be moving beneath defendants and judges, sentencing experts predict.”
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August 10, 2012
Publication - Insurance Coverage - Insurance
California Supreme Court Adopts "All-Sums-With Stacking" Rule Disapproves FMC Corp. v. Plaisted In The Process - Global Insurance Alert - In a long-awaited decision, the California Supreme Court unanimously held that in cases of continuous or progressive property damage, each insurer, including excess insurers, on the risk at any point when damage occurred is liable for indemnity up to its policy limit if its policy contains “all sums” language.
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August 09, 2012
News - Real Estate, Real Estate Litigation, Zoning, Land Use & Development
Ken Fisher featured in The Commercial Observer
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August 09, 2012
Press Release
Cozen O’Connor Closes Full Tilt Poker Transaction With Pokerstars And United States Department Of Justice
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August 09, 2012
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
Recent Amendments to the Pennsylvania Insurance Holding Company Act Changes Affecting Controlling Persons - Insurance Corporate and Regulatory Alert - Pennsylvania’s Insurance Holding Company Act (IHCA) was recently amended by Act 136, which was signed into law on July 5, 2012. Act 136 makes a number of changes to the IHCA, including requiring new filings, mandating prior notice and/or approval for certain transactions, and expanding the Insurance Department’s regulatory authority.
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August 07, 2012
Publication - Subrogation & Recovery - Insurance
The Decision in Phaneuf Funeral home v. Little Giant Pump Co.: Statute of Repose in New Hampshire Now Only Protects Manufacturers & Sellers of Products Who Were Involved In the Transformation of the Products into Improvements - Subrogation and Recovery Alert! - What factors determine whether manufacturers or sellers of products incorporated into an improvement to a structure are protected by the statute of repose?
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August 06, 2012
Publication - Insurance Coverage - Insurance
On June 18, 2012, the Supreme Court of Georgia issued Hoover v. Maxum Indemnity Company, Nos. S11S1681, S11G1683, 2012 WL2217040 (Ga. June 18, 2012), dramatically changing Georgia's ''Reservation of Rights'' law. In short, Hoover held insurers may no longer disclaim coverage under a specific policy provision, while reserving the right to do so under others. Id. at *3. The court held that a carrier waives coverage defenses that do not form the basis of the claim denial. Id. According to Hoover, a carrier cannot ''both deny a claim outright and attempt to reserve the right to assert a different defense in the future.'' Id. at *2.
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August 03, 2012
News
Barry Boss Discusses Full Tilt Poker Transaction in The National Law Journal, The Legal Intelligencer, Law360 and Numerous Other Publications
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July 31, 2012
Publication - Subrogation & Recovery - Insurance
Jeep Grand Cherokees and Dodge Ram 1500s-Investigations by NHTSA - Subrogation and Recovery Alert! - The National Highway Traffic Safety Administration (NHTSA) has opened two preliminary investigations into the 2012 Jeep Grand Cherokee SUV and 2009-2012 Dodge Ram 1500 pickup. The NHTSA investigation affects 106,863 2012 Grand Cherokee vehicles and 230,000 Dodge Ram trucks. This Alert reviews what is known about the preliminary investigations into these vehicular investigations involving potential fires.
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July 31, 2012
Press Release
Cozen O’Connor Represents Full Tilt Poker in Transaction with PokerStars and United States Department of Justice
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July 31, 2012
Publication
The Pennsylvania Supreme Court recently issued an important decision that potentially affects how corporate acquisitions are best structured to minimize the liability risks confronting the buyer. In a 5-2 decision in Fizzano Brothers Concrete Products v. XLN Inc., the court addressed the law of a corporate successor liability.
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July 27, 2012
Publication - Insurance Coverage - Insurance
Washington Court Concludes Umbrella Insurer Has a Duty to Defend Suit Against Insured Even Though Underlying Primary Insurer Similarly Has a Duty to Defend - Global Insurance Alert - In a surprising unpublished decision, the Washington State Court of Appeals recently ruled that an umbrella insurer had a duty to defend a suit against its insured despite the fact the underlying primary insurer had also previously been found to have a duty to defend the same parties in the same suit.
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July 26, 2012
Publication - Utility & Energy
Pennsylvania Commonwealth Court Voids Act 13 Zoning Provisions - Energy, Environmental and Utilities Alert - On Thursday, July 26, 2012, the Pennsylvania Commonwealth Court issued an order voiding those provisions of Act 13 that would have required municipalities to change their zoning rules to accommodate natural gas development activities.
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July 24, 2012
Publication - Bad Faith, Insurance Coverage - Insurance
Recent Arizona Court Opinion Reduces Ratio of Bad Faith Punitive Damages Award to a 1:1 Ratio to Compensatory Damages - Global Insurance Alert - In its recent decision, the Arizona Appellate Court, Division One, affirmed a bad faith verdict in the amount of $155,000 and held that the $55 million punitive damages award against the insurer was “unconstitutionally excessive.”
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July 24, 2012
Publication
The Financial Industry Regulatory Authority (FINRA) recently implemented a new securities industry rule governing the obligation of broker-dealers and their registered representatives (brokers) to make "suitable" investment recommendations to customers. FINRA Rule 2111, which went into effect on July 9, broadens the scope of the predecessor suitability rule, NASD Rule 2310, in a number of important respects.
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July 24, 2012
News
In an article titled, ''Post-Hinckley Changes Make Insanity Defense Hard for Colorado Suspect,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, discusses whether James Holmes, the man accused of killing 12 people and wounding 58 at an Aurora, Colorado movie theater, will mount an insanity defense.
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