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January 20, 2010
Publication - Business, Tax
Transfer of Residence to Trust is Taxable - Tax Alert! - A divided panel of the Commonwealth Court held that the transfer of a vacation residential property by husband and wife to themselves as trustees to benefit themselves and their children was taxable because the trust was a business trust, not an ordinary trust for realty transfer tax purposes. Kosco v. Commonwealth, No. 766 F.R. 2007 (Pa. Cmwlth. Dec. 16, 2009). The practical effect of the decision probably will be that virtually no transfer of real estate to a trust can ever qualify
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January 18, 2010
Publication - Business, Health Care & Life Sciences, Technology, Privacy & Data Security - Health Care & Life Sciences
A New Era in HIPAA Enforcement: Connecticut Attorney General Files First HITECH Act Suit - Health Law Alert! - Connecticut Attorney General Richard Blumenthal has filed a lawsuit against Health Net of Connecticut, Inc. for violations of the Health Insurance Portability and Accountability Act (“HIPAA”) following Health Net’s loss of protected health information (“PHI”) and other personally identifiable information.
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January 18, 2010
Publication - Business, Tax
MOBILE HOMES ARE REAL ESTATE - Tax Alert! - In two cases, a panel of the Commonwealth Court held
that mobile homes were taxable as real estate for real estate tax purposes. Lazor v. Board of Assessment Appeals, No. 2372 D.C. 2008 (Pa. Cmwlth., Dec. 15, 2009); Gelormino v.
Board of Assessment Appeals, No. 2371 C.D. 2008 (Pa. Cmwlth., Dec. 15, 2009). The pertinent assessment statute imposed real
estate taxes on mobile homes permanently attached to the land or connected to utility facilities.
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January 15, 2010
Publication - Business, Tax
Religious Summer Camp is Not a Charity - Tax Alert! - A panel of the Commonwealth Court held that a Jewish religious camp located in Pike County was not entitled to exemption as a purely public charity because it did not meet one of the case law requirements that an institution relieve the government of some of its burden. Mesivtah Eitz Chaim of Bobov, Inc. v. Pike County Board of Assessment Appeals, No. 2343 C.D. 2008 (Pa. Cmwlth. Dec. 29, 2009) (unreported).
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January 14, 2010
Press Release
Former U.S. Treasury Official Howard Schweitzer Joins Cozen O’Connor
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January 13, 2010
Publication - Business, Tax
Pennsylvania Tax Amnesty Program - Tax Alert! - Act 48 of 2009 established a new tax amnesty program in Pennsylvania (the “Program”). This Program will run 54 days commencing on April 26, 2010 and ending on June 18, 2010 (the “Amnesty Period”). Eligible periods for the Program include all those known and unknown periods that exist as of June 30, 2009. Periods subsequent to June 30, 2009 are not eligible for the program.
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January 08, 2010
Publication - Business
Estate Tax Repeal (or Not) - Private Client Services Alert! - s many of you will recall, the federal estate and gift tax system was significantly modified in 2001. Many of the modifications of the 2001 Tax Act were to be phased in over a number of years.
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January 07, 2010
Publication - Business, Tax
Local Head Tax Prohibited by Federal Act - Tax Alert! - The federal Third Circuit Court of Appeals held that the U.S. Department of Transportation correctly determined that a head tax imposed by Tinicum Township was prohibited by the Anti-Head Tax Act, 48 U.S.C. §40116. Township of Tinicum v. United States, No. 08-1830 (3rd Cir. Sept. 14, 2009).
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January 04, 2010
Press Release - Antitrust & Competition, Labor & Employment
Cozen O’Connor brings 2009 to a close with the announcement that another group of high-profile attorneys has joined the firm. Melissa H. Maxman, Ronald F. Wick and Marcela B. Stras have moved to Cozen O’Connor’s Washington, D.C. office from Baker Hostetler. The addition of these attorneys marks more than 100 high-level lateral hires in the past year and the continued implementation of the firm’s strategic plan, which calls for aggressive recruitment of key laterals with strong commercial litigation and corporate law practices.
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January 01, 2010
Publication - Real Estate Litigation
THE BASICS: Commercial Agreements of Sale - Cozen O'Connor Guide Book - Unlike their cousin, the residential agreement of sale (which is usually a pre‐printed form provided by a realtor), agreements for the sale of
commercial real estate tend to be highly customized legal documents tailored to the specifics of the transaction at hand. While these
agreements will vary based on, among other things, the kind of property involved (industrial, retail, office, multi‐family, etc.), all agreements of sale for commercial
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January 01, 2010
Publication - Real Estate Litigation
THE BASICS: Commercial Leases - Cozen O'Connor Guide Book - Commercial leases may involve almost any kind of space and purpose,
although office, industrial and retail leases are the most common. These
can range from relatively simple affairs of a few pre‐printed pages, to
enormously complex legal documents with hundreds of pages of highly
negotiated text, exhibits, schedules and ancillary agreements.
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January 01, 2010
Publication - Insurance Coverage - Insurance
The definitive source for 126 checklists covering virtually every aspect of insurance regulation and type of insurance, preceded by author commentary for context and application.
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December 18, 2009
Publication
Much has been written about the Second Circuit’s decision (by a panel that included now-Associate Justice Sonia Sotomayor) to affirm the district court’s grant of summary judgment to the City of New Haven in Ricci v. DeStefano. Ricci was subsequently reversed by the U.S. Supreme Court and became a major topic of discussion during Justice Sotomayor’s confirmation hearing. Commentators and senators cited Judge Jose Cabranes’ forceful dissent from the Second Circuit’s decision not to grant a rehearing en banc, particularly his comment that the case raised “novel questions of constitutional and statutory law” that the Second Circuit’s decision had “failed to grapple with.”
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December 18, 2009
Publication - Business, Tax
Pennsylvania Tax Changes - 2009/2010 Budget Bill - Tax Alert! - More than 100 days after the due date mandated by law, the Pennsylvania budget for fiscal year 2009/2010 budget was finally passed and signed into law by Governor Rendell.
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December 17, 2009
Publication - Real Estate Litigation
Signage for Your Practice: Negotiating the best options to draw attention - medicalofficetoday.com - Signage may not be your top priority when reviewing a medical lease, but it is an important element in how your practice is perceived. Signage is usually the first thing people see when approaching your office, so you want it to
appropriately represent who you are and what your practice offers, as well as lead people to your door. Nailing down
your signage specifications in your lease will assure that these needs are met.
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December 17, 2009
Publication - Labor & Employment
The United States Supreme Court has agreed to hear an appeal of a case in which a federal appeals court ruled that an employer violated an employee’s right to privacy when it audited his text messages and found sexually explicit and otherwise personal messages. The implications of the Supreme Court’s ruling will be significant.
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December 16, 2009
Publication - Business, Tax
Self-Storage Facilities Correctly Valued - Tax Alert! - In an unreported decision, a panel of the Commonwealth Court concluded that certain self-storage facilities were correctly valued for real estate tax purposes based on the actual financial results from the property, since the trial court had found that the properties were optimally managed and a buyer could not reasonably expect to improve the financial performance. Guardian Self Storage WD v. Board of Property Assessment Appeals & Review, No. 119 C.D. 2009 (Pa. Cmwth., Nov. 16, 2009).
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December 15, 2009
Publication - Business, Tax
Investment Loss Disallowed - Tax Alert! - A panel of the Commonwealth Court disallowed a claimed business loss of over $21 million on the grounds that a settlement with the Internal Revenue Service regarding the same loss amounted to an admission that the investment was not made with the intention of making a profit. Hvizdak v. Commonwealth, No. 739 F.R. 2006 (Pa. Cmwlth., Nov. 19, 2009).
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December 09, 2009
Publication - Insurance Coverage
Slim-Fast and Ground Beef Recalls - Food Contamination Coverage Alert! - On December 3, 2009 Unilever U.S. Inc. conducted a nationwide voluntary recall of all canned Slim-Fast ready-to-drink products due to the possibility of contamination by a microorganism. The recalled products may be tainted by bacillus cereus, a mild disease which can cause diarrhea, nausea and vomiting. The probability of serious adverse health consequences is remote.
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December 07, 2009
Publication - Business
End-of-Year Estate Planning - Private Client Services Alert! - As we move quickly toward year end, consider the following for this year and for 2010"End-of-Year Estate Planning".
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