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February 06, 2014
Publication - Securities Litigation & SEC Enforcement
In two sets of cases this term, the U.S. Supreme Court is set to decide questions that could significantly alter securities litigation on behalf of large groups of investors under both federal and state law.
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February 05, 2014
Publication - Bad Faith - Insurance
With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s law is often the basis for this year’s lawsuit. The best strategy to prevent bad faith litigation is to be aware of the current trends and decisions (see links). The following bad faith decisions showcase some of the best and the worst holdings for insurers in 2013. We will continue to monitor and report on any major developments in 2014.
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February 05, 2014
News - Employment Litigation, Labor & Employment
In an article titled "When the clocks spring forward, what happens to paychecks?" David Barron, a member of Cozen O'Connor's Labor & Employment Department, discusses daylight-saving time and its impact on employees who work overnight.
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February 03, 2014
Publication - Bankruptcy, Insolvency & Restructuring
Simon Fraser discusses the importance of specificity in tax-sharing agreements after a U.S. Bankruptcy Court for the District of Delaware ruling.
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January 28, 2014
Publication - Employment Litigation, Labor & Employment, Labor Relations & Disputes
The U.S. Supreme Court yesterday released its much-anticipated decision in the case of Sandifer v. United States Steel Corporation, and held that Section 203(o) of the Fair Labor Standards Act (FLSA) — which allows parties to a collective bargaining agreement to decide for themselves through negotiations whether “time spent in changing clothes … at the beginning or end of each workday” is compensable — applies to articles of protective clothing such as flame-retardant jackets, pants, hoods, snoods, wristlets, leggings, hardhats, work gloves and steel-toed boots.
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January 28, 2014
News - Subrogation & Recovery
Joe Rich, a member of the Subrogation and Recovery Department in our Philadelphia office, has been appointed as the 2014 Chapter Co-Chair of NASP's revived DC/MD Chapter.
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January 28, 2014
Publication - Employment Litigation, Labor & Employment
New Jersey Governor Chris Christie signed into law last week a bill that specifically adds pregnancy to the New Jersey Law Against Discrimination (NJ LAD) and requires employers to offer reasonable accommodations to pregnant employees who request accommodation. The new law, which was passed unanimously by the state Senate and with just one dissenting vote in the state Assembly, makes several major changes to existing law. Employers should be mindful of this new law because it strengthens the already tough NJ LAD and goes farther than the federal Pregnancy Discrimination Act.
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January 27, 2014
News - Government & Regulatory, Real Estate - Real Estate & Construction
Ken Fisher, of the Government & Regulatory and the Real Estate Practice Groups, was quoted in a Crain's New York Business article titled, "A Glimmer of Hope on City Council for Developers." The article examines David Greenfield and his role as chair of the Committee on Land Use on the New York City Council. Fisher offers his remarks on Greenfield by stating, "The power of the job comes in helping to shape the debate."
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January 27, 2014
Publication - Bad Faith, Insurance Coverage - Insurance
In Ewing Construction Co. Inc. v. Amerisure Ins. Co., No. 12-0661, 2014 WL 185035 (Tex. Jan. 17, 2014), the Texas Supreme Court held that a general contractor who agrees to perform construction work in a “good and workmanlike manner” does not “assume liability” for damages arising out of the contractor’s defective work so as to trigger the contractual liability exclusion in a commercial general liability policy. This holding substantially clarifies the Texas Supreme Court’s prior holding in Gilbert Texas Construction LP v. Underwriters at Lloyd’s London, 327 S.W.3d 118 (Tex. 2010).
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January 24, 2014
Publication - Public & Project Finance
Mark Vacha discusses how November 5, 2013 marked the first time the Securities and Exchange Commission (the “SEC”) assessed a financial penalty against a municipal issuer. The SEC charged The Greater Wenatchee Regional Events Center Public Facilities District (the “District”), a municipal corporation located within Washington state, with misleading investors in an offering of bond anticipation notes (the “2008 BANs”) issued to finance an arena for ice hockey and other uses (the “Regional Center”).
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January 24, 2014
News - Employment Litigation, Labor & Employment
In an article titled “HR Plaintiffs Build Their Case Against Lowe’s,” David Shadovitz, editor at Human Resource Executive, favorably cites David Barron’s HR headaches blog post titled “New Trend in Overtime Suits – HR Managers?” to explain that HR departments aren’t immune from overtime laws.
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January 23, 2014
Publication - Subrogation & Recovery - Insurance
Farmers tend to their crops by considering factors such as temperature, humidity, chemical levels and the impact of rodents and insects, but the methods of monitoring and responding to these core concepts have evolved. Farmers, like the rest of us, want to work efficiently and cost effectively. Thus, they are using agriculture-monitoring devices to handle these tasks and determine when to water, when to cover their crops and when to till their soils.
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January 23, 2014
Publication - Subrogation & Recovery
January 5-7, 2014, a wide swath of subzero temperatures impacted much of the United States, from Montana eastward to New York, and southward to parts of Oklahoma and northern Alabama. Several major cities recorded their lowest temperatures in more than 20 years.
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January 23, 2014
Publication - Transportation & Trade
Wayne Rohde, a member of Cozen O’Connor’s Transportation and Logistics practice group, authored a chapter in the newly-released book, Inside the Minds: Complying with Transportation Regulations.
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January 23, 2014
Publication - Insurance Coverage - Insurance
A recent shift in 2nd Circuit law may lead to a rise in class action litigation under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case shed light on the proper interpretation of a section of the TCPA, the U.S. Court of Appeals for the 2nd Circuit took up the question on December 3, 2013 and paved the way for TCPA class action suits in New York federal courts.
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January 22, 2014
Publication - Antitrust & Competition, Government & Regulatory, White Collar Defense & Investigations
OFAC does not deal only with cooperating entities, of course. On one hand, non-cooperating entities certainly run a risk that OFAC will refer their violations to criminal authorities. But even a non-cooperator can receive benefits, even grudgingly, under OFAC’s administrative-penalty regime — especially compared to companies that become targets of criminal prosecution and the severe penalties attendant to that process. That comparison between administrative and criminal punishments of non-cooperating entities, as discussed infra, may yield useful, persuasive data to criminal defense lawyers representing an entity under criminal investigation.
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January 22, 2014
Publication
The Pennsylvania Supreme Court recently adopted a new Code of Judicial Conduct. Effective July 1, 2014, new rules will apply to the extrajudicial activities for Pennsylvania judges. Businesses and nonprofits need to accommodate these changes to ensure that their board members from the judiciary comply with the code and to avoid adverse consequences in litigation. Litigation is costly enough for the private sector and defending against motions for disqualification will only add to that bill. Even organizations without judges serving as board members need to be aware of the potential impact of charitable donations and campaign contributions on their interests in litigation under the new code.
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January 22, 2014
News - Public & Project Finance
Suzanne Mayes, chair of the firm's Public & Project Finance Department, was recently featured in Law360’s Powerbrokers Q&A series. In the Q&A, Suzanne answers questions about challenges she's faced being a woman at a senior level within a law firm, whether she's encountered sexism in her career, and what advice she has for aspiring female attorneys.
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January 17, 2014
Publication - Employment Litigation, Labor & Employment
Employers operating in New York City should be reminded of two significant additions to the checklist of employment obligations that will become effective in the coming weeks.
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January 16, 2014
Publication - Subrogation & Recovery
On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by Freedom Industries, just 1.5 miles upstream from a major intake used by the largest water utility in the state, West Virginia American Water.
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