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September 08, 2011
News
Cozen O'Connor Ranked First in Philadelphia and Third in the Nation in The American Lawyer in its Midlevel Associates Satifaction Survey
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September 07, 2011
Publication - Insurance Coverage - Insurance
The Third Circuit Court of Appeals Corrects the District of New Jersey's Mistake Regarding the Doctrine of Mutual Mistake - Insurance Coverage Alert! - On Aug. 3, 2011, the Third Circuit Court of Appeals in Illinois National Insurance Company v. Wyndham Worldwide Operations, Inc., No. 10-3833, 2011 U.S. App. LEXIS 15894, reversed a decision of the United States District Court for the District of New Jersey and held, in a case of first impression, that New Jersey law allows reformation on the basis of mutual mistake even against a party that did not participate in the negotiation of the contract.
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September 01, 2011
Publication - Insurance Coverage - Insurance
The Third Circuit Court of Appeals Pulls the Plug on Medical Monitoring Class Actions - Insurance Coverage Alert! - On August 25, 2011, the U.S. Court of Appeals for the 3rd Circuit entered judgment in Gates v. Rohm & Haas Co., et al., No. Civ. A. 10-2108, --- F.3d ---, 2011 WL 3715817, which, for all intents and purposes, signifies an end in the jurisdiction for bringing a medical monitoring suit as a class action.
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September 01, 2011
Publication
Whether your company is dealing with a damage claim or facing an investigation by a regulatory agency, one of the issues that must top your checklist to ensure a response that best protects your company is the preservation of electronic evidence.
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September 01, 2011
Publication - Technology, Privacy & Data Security
Increasing reports of cyber intrusions, data theft and computer-system malfunctions have led a rapidly growing number of companies to purchase insurance coverage to protect themselves from technology and cyber-privacy risks.
As our technology-driven economy continues to evolve and businesses become more reliant on electronic communication and data storage, they are developing a heightened awareness that an unauthorized intrusion could endanger their tangible and intangible assets (including intellectual property) and, in many cases, their reputation and ability to conduct business.
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August 30, 2011
News
Peter Fontaine's article on Marcellus Shale published on PennLive
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August 30, 2011
Publication - Labor & Employment
Mandatory Poster for Union and Non-Union Employers Regarding Employee Rights Under NLRA - Labor and Employment Alert! - Today’s Federal Register includes a Final Rule promulgated by the National Labor Relations Board (NLRB) requiring all employers subject to the National Labor Relations Act (NLRA) to conspicuously post an 11-inch-by-17-inch notice advising employees of their rights under the NLRA, including the right to organize a union, and providing contact information for the NLRB in the event that any of these rights are violated. The rule also requires that the notice be posted
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August 30, 2011
Publication - Environmental Regulatory & Due Diligence
Use Acid Waters for Fracking - Patriot News - Pennsylvania's 200-year history of coal mining has left a legacy of polluted waterways that remains one of the state's greatest environmental challenges. More than 250,000 abandoned surface mines, many containing acidic water-filled pits, scar Pennsylvania's landscape. Acidic drainage from these abandoned mines-called acid mine drainage or AMD -often has a pH below 5.0, which leaches heavy metals from surrounding...
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August 30, 2011
Publication - Subrogation & Recovery - Insurance
Utah's 'Machine Gun Fire' in Herriman Caused by National Guard Training Exercise - Subrogation and Recovery Alert! - As long as wildfires continue to plague the United States, Cozen O'Connor will provide you with background information and investigation summaries of these devastating fires. One such wildfire ignited in September 2010 during a training exercise by the National Guard at Camp Williams in Herriman, Utah. Our latest alert addresses the current known information about the "Machine Gun Fire" in Herriman, Utah.
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August 29, 2011
Publication - Insurance Coverage - Insurance
Texas Supreme Court Severely Limits Extracontractual Liability in Workers' Compensation Claims - Insurance Coverage Alert! - On August 26, 2011, in a highly anticipated decision, the Texas Supreme Court held in Texas Mutual Insurance Company v. Ruttiger that: (1) claims against workers’ compensation insurers for unfair settlement practices may not be made under the Texas Insurance Code; but (2) claims under the Texas Insurance Code may be made against workers’ compensation insurers which misrepresent provisions of their policies. Of critical import, however, the court emphasized that an insurer
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August 26, 2011
Publication
In a recent decision, a Pennsylvania trial court concluded that no privilege exists to prevent access to non-public social website information of personal injury claimants. Rather, the "paramount ideal" of pursuing truth favors liberal discovery of relevant information on social media sites.
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August 25, 2011
Publication - Subrogation & Recovery - Insurance
When Does an Insurer's Liability Under an Indemnity Policy Arise? - UK Subrogation and Recovery Alert! - Insolvency can further complicate recovery efforts against third party liability insurers in England and Wales. In McIlroy v. Quinn (2011), the Court of Appeal permitted recovery against a liability insurer who issued a policy to a party that later became insolvent (under the Third Parties (Rights Against Insurers) Act). This Alert reviews the decision in McIlroy and discusses future implications.
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August 23, 2011
Press Release
Cozen O’Connor Names Shareholders to Board of Directors
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August 22, 2011
Publication - Government & Regulatory - Insurance
Ninth Circuit Decision Interprets Arbitration Provision Narrowly - Maritime Alert! - The U.S. Court of Appeals for the 9th Circuit recently issued a decision, Cape Flattery Limited v. Titan Maritime LLC, Docket No. 09-15682, holding that a dispute pertaining to liability for damage caused during the salvage of a vessel could proceed in court, despite the inclusion of an arbitration provision in the salvage contract. In light of this decision, we recommend reviewing the language of all contractual arbitration clauses
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August 22, 2011
Publication - Insurance Coverage, Professional Liability - Insurance
Professional Liability: The Yaron Decision and Its Impact on Insurers - Insurance Coverage Alert! - On July 5, 2011, the Philadelphia County Court of Common Pleas published its decision in Yaron, et al. v. Darwin National Insurance Company, et al., No. 502, a declaratory judgment coverage action brought by two policyholders against their professional liability insurers. The court, in an opinion authored by Judge Arnold L. New, granted summary judgment in favor of the insurers, holding that they were not obligated to pay the policyholders’ defense costs in connection with an underlying action.
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August 19, 2011
Publication - Professional Liability
When Kovel Letters Spell Trouble for a CFO - BNA - Cozen O'Connor's Aaron Krauss writes in BNA's Accounting Policy & Practice Repot that an outside accountant's work can be privileged if the accountant is providing new services at the direction of a lawyer under a specific engagement letter with the lawyer. Aaron explains that if the accountant proceeds under a Kovel letter, the accountant will have done everything possible to protect the client's interests.
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August 12, 2011
Publication - Business, Tax
Bank Shares Tax Calculation Modified - Tax Alert! - The Commonwealth Court en banc dismissed exceptions from a panel decision and held that the calculation of Bank Shares Tax must be modified to cure a constitutional defect in the application of the tax to certain post-merger institutions. Lebanon Valley Farmers Bank v. Commonwealth, No. 698 F.R. 2005 (Pa. Commw. Aug. 4, 2011).
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August 11, 2011
News - Labor & Employment
David Barron was quoted in the Houston Chronicle's article ''Employees: Getting Revenge on the Boss'' regarding Facebook's role in the workplace.
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August 11, 2011
News
Cozen O'Connor Undergraduate Interns Featured in The Legal Intelligencer
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August 10, 2011
News - Bankruptcy, Insolvency & Restructuring
Barry Klayman and Mark Felger featured in Delaware Business Court Insider
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