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July 11, 2011
Publication - Business, Corporate
Don't Ask And Don't Tell: How to Avoid GINA Liability - The Corporate Counselor -
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July 08, 2011
Publication - Insurance Coverage - Insurance
The Applicability of Morrison v. Nab to Foreign-Cubed Claims by the SEC - Insurance Coverage Alert! - On June 10, 2011, Judge Barbara Jones of the U.S. District Court for the Southern District of New York issued a decision in the case SEC v. Goldman Sachs & Co., No. 10-3229 (Goldman Sachs), that applied the Supreme Court’s Morrison decision to claims by the SEC under both the Securities Exchange Act of 1934 and the Securities Act of 1933. Goldman Sachs had previously settled the claims against it for $550 million,
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July 07, 2011
Publication - Intellectual Property
Protecting Your Inventions - MDT Medical Design Technology - For engineers and designers of medical devices, familiarity with U.S. patent rights is necessary to
protect inventions. Before filing an application, it is important to distinguish "prior-art" from
"novel" inventions.
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July 05, 2011
Publication - Insurance Coverage - Insurance
Supreme Court of New Jersey Broadens the Defense Obligation in Emotional Distress Claims - Insurance Coverage Alert! - Portee claims, named after the 1980 Portee v. Jaffe case, may be brought by close family members who witnessed the death or severe injury of a loved one. The decision in Abouzaid v. Mansard Gardens Assoc., LLC, A5-10, will require insurers with policies covering bodily injuries to defend a Portee claim from the outset, even if the complaint is silent regarding physical injuries caused by the alleged emotional distress, unless the defense of the claim is specifically excluded.
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July 05, 2011
Publication - Real Estate Litigation - Real Estate & Construction
New Accounting Rules to Require Tenants to Reflect Operating Leases on Balance Sheet - Real Estate Alert! - consider the possible impact of new accounting rules to be issued shortly by the Financial Accounting Standards Board and the International Accounting Standards Board. These rules likely will eliminate the accounting distinctions between an operating lease and a capital lease, thus eliminating a tenant's ability to keep "liabilities" under an operating lease off its balance sheet.
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July 01, 2011
Publication - Construction Law, Subrogation & Recovery
Recovering from Construction Defect Claims - Property Casualty 360 - In the past 10 years, more than 25 states have enacted specific builder-friendly construction defect notice and resolution statutes that may affect subrogation claims.
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July 01, 2011
Publication - Subrogation & Recovery - Insurance
Recovery Potential in the 2011 New Mexico Ongoing Wildfires - Subrogation and Recovery Alert! - Following up on our Arizona Wildfire Alert earlier this month, Cozen O'Connor continues to follow the seemingly ceaseless series of wildfires that have been plaguing the United States this year. We offer the attached summary of presently known information concerning the circumstances surrounding the causes of the recent wildfires in New Mexico.
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July 01, 2011
Publication - Subrogation & Recovery - Insurance
Investigating the microstructure of CSST after exposure to electrical arcing and corrosion - FIRE & ARSON INVESTIGATOR - As CSST grew in
popularity, correlation appeared between lightning strikes and fires in
structures with installed CSST. The phenomenon comes from perforations
in the CSST caused by its thin wall construction combined with
the overabundance of energy as lightning dissipates through the CSST
to ground.
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July 01, 2011
Publication - Labor & Employment
Our Summer 2011 Labor and Employment Law Observer covers topics of interest to in-house counsel, human resources professionals and corporate management.
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June 30, 2011
News - Tax
Cozen O’Connor Member Talks to Philadelphia Inquirer About Pennsylvania's State Tax Equalization Board
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June 30, 2011
Publication - Insurance Coverage - Insurance
Supreme Court of New Jersey Rejects Insured's Argument That There is No Right to a Jury Trial in Rova Farms Cases - Insurance Coverage Alert! - On June 14, 2011, the Supreme Court of New Jersey unanimously ruled in Wood v. New Jersey Manufacturers Insurance Co. that a claim against a liability insurer alleging that the insurer acted in bad faith by refusing to settle an underlying tort action within the policy limits was a traditional breach of contract claim to which the right to a jury trial attached.
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June 29, 2011
Publication - Utility & Energy
"Let the sun shine in: Owners guide to solar rooftop agreements" - Real Estate Weekly - In New York City, the Bloomberg administration recognizes that renewable energy will play a significant role in our energy supply with solar having the greatest potential to generate electricity in the five boroughs. Tax credits and other incentives have been established to make installation of solar photovoltaic systems on buildings more economically attractive. This includes a Solar Electric Generating System
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June 29, 2011
Publication - Business, Labor & Employment, Tax
Further Updates - FBAR Reporting Requirements for Employee Benefit Plans - Employee Benefits & Executive Compensation Alert! - Since our previous Alert, the Treasury Department has issued final regulations and a new disclosure form for the Report of Foreign Bank and Financial Accounts (FBAR), instituted a new Offshore Voluntary Disclosure Program, and provided certain individuals with extensions of filing deadlines.
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June 29, 2011
Publication - Insurance Coverage - Insurance
- Insurance Coverage Alert! - While recent high-profile network security breaches at companies such as Epsilon and Sony (with crisis management and other costs estimated to range from $1 billion to multiples thereof in the case of Sony) have helped raise awareness about the need to adequately protect personal identifiable information, the problem has existed for decades.
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June 26, 2011
News - Antitrust & Competition
Jonathan Grossman quoted in USA Today
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June 23, 2011
Press Release - Bankruptcy, Insolvency & Restructuring
Cozen O’Connor Member Named Co-Chair of Firm’s Bankruptcy, Insolvency & Restructuring Group
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June 22, 2011
Press Release - Insurance
Stephen A. Cozen Presents Keynote Address at 15th Annual America’s Claims Event
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June 21, 2011
Publication - Bankruptcy, Insolvency & Restructuring, Business
Bankruptcy Court Rejects Bright- Line Rule for Substantially Contemporaneous Exchange - Delaware Business Court Insider - Bankruptcy Court Judge Kevin Gross, in In re J. Silver Clothing Inc., a 2011 case
out of the District of Delaware, rejected an argument that the 10-day (now 30-
day) period in Bankruptcy Code Section 547(e)(2) provides a bright-line limit as
to whether a transfer is "substantially contemporaneous"
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June 21, 2011
Press Release
Cozen O’Connor’s New York Office Expands Intellectual Property Practice with Addition of 19 Lawyers from Cohen Pontani Lieberman & Pavane
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June 21, 2011
Publication - Subrogation & Recovery - Insurance
Arizona Wildfires 2011: Is There Recovery? - Subrogation and Recovery Alert! - Cozen O'Connor, like all of you, is carefully following the seemingly ceaseless series of wildfires that have been plaguing the U.S. this year. We offer the attached summary of presently known information concerning the circumstances surrounding the causes of the recent wildfires in Arizona. Our Wildfire Subrogation Task Force members will continue to analyze and gather intelligence regarding these and other wildfire losses, and will keep you apprised of developments.
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