OFCCP Announces Proposed Rule on Pay Transparency [Labor & Employment Alert]

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.

Pennsylvania Court Holds Implied Warranty of Habitability Does Not Extend to Subsequent Purchasers [Subrogation & Recovery Alert]

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.

Paid Sick Leave Now Mandatory in California: What Employers Need to Know Now! [Labor & Employment Alert]

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.

Joseph Dever Discusses the SEC's Broken Window Policy in Law360

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.

Thomas Wilkinson Discusses the U.S. Court of Appeals for the Seventh Circuit's Scathing Rebuke of Class Counsel in ABA Litigation News

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.

5 Things To Consider Before Posting Social Media Policies [Law360]

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.

Aviation Regulation in the United States [American Bar Association]

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.

Texas Supreme Court Clarifies Scope and Application of the “Anti-Technicality” Statute [Global Insurance Alert]

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.

Preview of the U.S. Supreme Court's October Term in 2014 [The Legal Intelligencer]

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.

Mortgage Holder’s Petition to Set Aside Judicial Tax Sale Rejected [Tax Alert]

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).

Michael Klein Discusses Complaint Against Wyoming County Planning Commission in The Scranton Times Tribune

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.

Tax Sale Invalidated Due to Inadequate Notice [Tax Alert]

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.

Housing Development Fund Corporations [The Cooperator]

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.

Jennifer Brandt Appears on America's Newsroom on Fox News to Discuss Leaked Celebrity Nude Photos

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.

Menachem Kastner Named to New York City Bar’s State Courts of Superior Justice Committee

News - Real Estate

The State Courts of Superior Justice Committee is involved in all aspects affecting the state court system, including drafting/commenting on legislation, submitting briefs, sponsoring continuing legal education and other programs, interacting with those seeking Judicial appointment, and participating in public service projects.

David Barron Discusses Right-to-Work States in Society for Human Resource Management

News - Labor & Employment, Labor Relations & Disputes

In an article titled “Myths Abound About Right-to-Work States,” David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the relationship between companies and unions in right-to-work states. “The reality is that companies often get along better with unions in right-to-work states because the union must actively justify its usefulness to newly hired workers and existing employees who can withdraw at any time. This incentivizes the company and union to work together for mutual benefit,” says David.

Patent Depending [Supplier Global Resource]

Publication - Intellectual Property, Patents

Cozen O'Connor Ranked First in Philadelphia, Third Nationally in American Lawyer's Best Places to Work

Press Release

Cozen O’Connor is ranked first in Philadelphia, for the fifth year in a row, and third in the nation in The American Lawyer’s 2014 Mid-Level Associate Satisfaction Survey. The American Lawyer surveys third, fourth and fifth year associates on 12 aspects of job satisfaction. On a scale of 1 to 5, Cozen O’Connor scored a 4.781.

Third Circuit Clarifies False Claims Act Pleading Requirements [The Legal Intelligencer]

Publication - Appellate

There is a split among the circuits regarding what a whistleblower must plead to survive a motion to dismiss in False Claims Act (FCA) cases. The U.S. Court of Appeals for the Third Circuit has now spoken for the first time on the issue. In June, the Third Circuit decided Foglia v. Renal Ventures Management, 754 F.3d 153 (3d Cir. 2014). In its decision, the Third Circuit reversed a district court order granting a motion to dismiss for insufficient detail in the pleadings. In so ruling, the Third Circuit sided with those circuits adopting the less demanding of the competing FCA pleading standards.

Michael Schmidt Discusses HR's Challenge with Wearable Technology in Human Resource Executive Online

News - Employment Litigation, Labor & Employment

In an article titled, ‘’Banning Wearable Tech at Work,’’ Michael Schmidt, vice chair of the firm’s Labor & Employment Department, discusses the challenge human resource departments are facing with the evolution and popularity of wearable technology (i.e. Google Glass). Michael says the main HR challenge is to find ''the proper balance between and employee’s reasonable and protected interests in communicating and depicting workplace conditions and the company’s interests in protecting its valid business interests and ensuring they have productive employees during working time.''