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September 18, 2014
Publication - Appellate
It is axiomatic that to certify a class, plaintiffs must show all members satisfy Article III standing and Rule 23 requirements. While federal courts "do not require each member of a class to submit evidence of personal standing, a class cannot be certified if it contains members who lack standing" to pursue the claim(s) asserted, according to Halvorson v. Auto Owners Insurance, 718 F.2d 773 (8th Cir. 2013).
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September 18, 2014
Publication
Temple Law School has long been known for its trial advocacy programs. What some may not know is that its transactional programs are growing fast, and provide students with innovative hands-on opportunities to develop competitive business transactional skills, such as negotiating and drafting corporate documents
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September 18, 2014
Publication - Aviation, Aviation Litigation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones - Aviation
This edition of the Cozen O’Connor Aviation Regulatory Update covers DOT action on Norwegian Air International’s application to serve the U.S., Congress’ and DOT’s continuing focus on airline ancillary service fees and consumer protection, new enforcement actions by DOT and FAA, and proposed changes to federal agency regulations and policies affecting the aviation industry.
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September 17, 2014
Publication - White Collar Defense & Investigations
In an article published in the Legal Intelligencer, Hayes Hunt, a member of Cozen O’Connor’s Commercial Litigation Department, and Jillian Thornton, an associate in the Commercial Litigation Department, discuss the steps companies should take if compromising information on an employee is stolen and posted online.
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September 17, 2014
Press Release - Insurance Coverage
Cozen O’Connor welcomes Wendy Enerson as a member in its Chicago office, where she brings decades of experience with insurance litigation and dispute resolution.
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September 16, 2014
Publication - Employment Litigation, Labor & Employment
The Office of Federal Contract Compliance Programs (OFCCP) has announced a proposed rule on pay transparency, to be published in the September 17, 2014 Federal Register. The proposed rule would implement Executive Order 13665, which prohibits federal contractors from retaliating against applicants and employees for inquiring about, disclosing or discussing pay information. The proposed rule applies to covered federal contracts and subcontracts exceeding $10,000 in value that are entered into or modified on or after the effective date of the final rule. While the proposed rule could change before it is finalized, it is time for federal contractors to consider their policies and practices on pay information.
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September 12, 2014
Publication - Subrogation & Recovery
The Supreme Court of Pennsylvania recently held that the implied warranty of habitability does not extend to the subsequent purchaser of a previously occupied home. See Conway v. Cutler Group, Inc., 2014 Pa. LEXIS 2084, No. 80 MAP 2013 (August 18, 2014). The court concluded that the decision of whether to extend the implied warranty of habitability, and under what circumstances such an extension would be warranted, was a matter of public policy properly left to the General Assembly.
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September 11, 2014
Publication - Employment Litigation, Labor & Employment
On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. The Act applies to public and most private employers and mandates paid sick leave to workers starting on July 1, 2015. Specifically, California employees will accrue one hour of paid sick leave for every 30 hours worked, up to a total of six paid sick days per year. Because it establishes leave based on the amount of hours worked, the law will cover part-time, temporary and seasonal workers.
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September 10, 2014
News - Securities Litigation & SEC Enforcement
In an article titled, "SEC's 'Broken Windows' Gambit Leaves No Room For Error," Joseph Dever, a member of Cozen O'Connor's Commercial Litigation Department, discusses the SEC's broken window policy, which is based on the premise that no securities law violation is too small to prosecute and that minor enforcement actions lead to greater overall compliance. "You see press releases now touting enforcement actions that involve either no or negligible investor harm, low dollar amounts for insider trading, and these are cases that the SEC a couple of years ago certainly would not have touted in a press release," observed Joseph.
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September 10, 2014
News
In an article titled, ''Seventh Circuit Rejects ‘Scandalous’ Settlement,'' Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, discusses the U.S. Court of Appeals for the 7th Circuit's scathing rebuke of class counsel in an opinion reversing the approval of the settlement in Eubank v. Pella. Referring to the case as ''eight largely wasted years,'' to the settlement as ''scandalous,'' and to the terms as ''[selling] out the class,'' Judge Posner’s opinion dealt harshly with class counsel. Tom explains the red flags that rose throughout the case and the lessons judges and lawyers can take away from them.
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September 08, 2014
Publication - Employment Litigation, Labor & Employment
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, authored an article for Law360 titled, “5 Things To Consider Before Posting Social Media Policies.” The article addresses the need for employers to develop an appropriate mindset when it comes to managing social media use by their employees and creating their social media policies and practices. Michael reviews five common workplace issues and explores the National Labor Relations Board’s position on each.
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September 08, 2014
Publication - Aviation Litigation - Aviation
David Heffernan, a member of the Aviation Practice Group at Cozen O’Connor, co-edited the recently published American Bar Association (ABA) book “Aviation Regulation in the United States.
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September 08, 2014
Publication - Bad Faith, Insurance Coverage - Insurance
In Greene v. Farmers Insurance Exchange, the Texas Supreme Court clarified the scope and application of § 862.054 of the Texas Insurance Code, the “anti-technicality” statute, holding that the clause would only operate in situations where the policyholder affirmatively violated an obligation created under the policy. The court further held that public policy did not change this result, despite the concurring opinion of two justices that argued that the court’s opinion created confusion as to whether and when public policy would dictate a different result. Specifically, the concurrence argued that the majority opinion failed to distinguish the instant case from prior cases involving a “nonmaterial breach” by a policyholder.
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September 05, 2014
News - Insurance Coverage, Intellectual Property - Insurance
Angelo Savino, of the Global Insurance Department, is quoted in this Law360 Article titled "Goldman's Vague Corporate Titles May Still Cost It Millions" on Aleynikov v. Goldman Sachs. Goldman Sachs Group Inc. may have won over the Third Circuit when the court axed an award of legal fees to a former vice president accused of stealing trading code, but the bank could have avoided the mess — and the prospect of further litigation — had it better defined what being a Goldman VP means, attorneys say.
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September 04, 2014
Publication - Appellate
In an article titled ''Preview of the U.S. Supreme Court’s October Term in 2014,'' Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, discusses some of the highlights of the U.S. Supreme Court's docket for the upcoming term.
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September 02, 2014
Publication - Tax
A panel of the Commonwealth Court held that the trial court properly denied a mortgage holder’s petition to set aside the judicial tax sale of a property in Lackawanna County due to alleged improper service of notice and other errors committed under the Real Estate Tax Sale Law (RETSL). HSBC Bank USA, N.A. v. Lackawanna County Tax Claim Bureau, No. 2027 C.D. 2013 (Pa. Commw. Aug. 1, 2014).
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September 02, 2014
News
In an article titled, “Silica Sand Firm Sues Wyoming County,” Michael Klein, a member of Cozen O’Connor’s Utility, Environmental & Energy Group, discusses a complaint filed on behalf of D&I Silica against the Wyoming County Planning Commission. The complaint alleges that the planning body “did not satisfy the explicit requirements” of the Pennsylvania Municipalities Planning Code when it declined to grant preliminary approval of a proposed transload silica sand facility at a hearing on July 16.
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September 02, 2014
Publication - Tax
The statute requires notice to be given to each owner of the property. The notice requirements of the statute are strictly construed. Rinier v. Tax Claim Bureau of Delaware County, 606 A.2d 635 (Pa Commw. 1992). There were four owners of the property. Notice was sent addressed only to one owner followed by et al. The court held that such notice was inadequate under the statute. Therefore the tax sale was invalidated.
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September 01, 2014
Publication - Real Estate
Leni Morrison Cummins, a member in the firm's Real Estate Group, discusses housing development fund corporations under New York Mayor Bill de Blasio.
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September 01, 2014
News - Family Law
Jennifer Brandt, a member of the firm's family law practice group, was recently a guest on America's Newsroom on Fox News to discuss the recently leaked celebrity nude pictures by hackers. Oscar-winning actress Jennifer Lawrence was one of the many targeted.
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