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Washington Court Concludes Umbrella Insurer Has a Duty to Defend Suit Against Insured Even Though Underlying Primary Insurer Similarly Has a Duty to Defend [Global Insurance Alert]

July 27, 2012

Publication - Insurance Coverage - Insurance

Washington Court Concludes Umbrella Insurer Has a Duty to Defend Suit Against Insured Even Though Underlying Primary Insurer Similarly Has a Duty to Defend - Global Insurance Alert - In a surprising unpublished decision, the Washington State Court of Appeals recently ruled that an umbrella insurer had a duty to defend a suit against its insured despite the fact the underlying primary insurer had also previously been found to have a duty to defend the same parties in the same suit.


Pennsylvania Commonwealth Court Voids Act 13 Zoning Provisions [Energy, Environmental and Utilities Alert]

July 26, 2012

Publication - Utility & Energy

Pennsylvania Commonwealth Court Voids Act 13 Zoning Provisions - Energy, Environmental and Utilities Alert - On Thursday, July 26, 2012, the Pennsylvania Commonwealth Court issued an order voiding those provisions of Act 13 that would have required municipalities to change their zoning rules to accommodate natural gas development activities.


Recent Arizona Court Opinion Reduces Ratio of Bad Faith Punitive Damages Award to a 1:1 Ratio to Compensatory Damages [Global Insurance Alert]

July 24, 2012

Publication - Bad Faith, Insurance Coverage - Insurance

Recent Arizona Court Opinion Reduces Ratio of Bad Faith Punitive Damages Award to a 1:1 Ratio to Compensatory Damages - Global Insurance Alert - In its recent decision, the Arizona Appellate Court, Division One, affirmed a bad faith verdict in the amount of $155,000 and held that the $55 million punitive damages award against the insurer was “unconstitutionally excessive.”


FINRA's New Suitability Rule 2111: Documenting Compliance and Mitigating Litigation Risk [The Legal Intelligencer]

July 24, 2012

Publication

The Financial Industry Regulatory Authority (FINRA) recently implemented a new securities industry rule governing the obligation of broker-dealers and their registered representatives (brokers) to make "suitable" investment recommendations to customers. FINRA Rule 2111, which went into effect on July 9, broadens the scope of the predecessor suitability rule, NASD Rule 2310, in a number of important respects.


Barry Boss Discusses the Insanity Defense in an NPR Article

July 24, 2012

News

In an article titled, ''Post-Hinckley Changes Make Insanity Defense Hard for Colorado Suspect,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, discusses whether James Holmes, the man accused of killing 12 people and wounding 58 at an Aurora, Colorado movie theater, will mount an insanity defense.


The lawyers and staff of Cozen O'Connor mourn the untimely death of our partner and friend, Judith E. Siegel-Baum

July 24, 2012

News

The lawyers and staff of Cozen O'Connor mourn the untimely death of our partner and friend, Judith E. Siegel-Baum


Recent NY Enforcement Action Highlights Need for Periodic Reviews of State Ethics Requirements [Energy, Environmental and Utilities Alert]

July 23, 2012

Publication - Utility & Energy

Recent NY Enforcement Action Highlights Need for Periodic Reviews of State Ethics Requirements - Energy, Environmental and Utilities Alert - Public utilities, as well as other entities that regularly negotiate with, appear before and attempt to influence regulators, are reminded of the importance of complying with applicable ethics laws when dealing with public officials and employees of state agencies.


Cozen O'Connor Announces Addition of Utilities Attorney

July 23, 2012

Press Release

Cozen O'Connor Announces Addition of Utilities Attorney


Pitcher Struck by Batted Ball Assumed Risk of Injury [Commercial Litigation Group White Paper]

July 21, 2012

Publication

The article discusses Products Liability in the realm of NCAA baseball, specifically the surge in cases brought against bat manufacturers since the NCAA permitted the use of aluminum bats in 1974. David Shimkin and Paul Zola address the doctrine of ''assumption of risk'' amidst the increased danger of aluminum bats.


First Circuit Court of Appeals Holds Bank’s Online Security Measures “Commercially Unreasonable” in Landmark Decision [Global Insurance Group Alert]

July 20, 2012

Publication - Insurance Coverage, Technology, Privacy & Data Security - Insurance

First Circuit Court of Appeals Holds Bank’s Online Security Measures “Commercially Unreasonable” in Landmark Decision - Global Insurance Group Alert - In a landmark decision, the 1st Circuit Court of Appeals held in PATCO Construction Company, Inc. v. People's United Bank, No. 11-2031 (1st Cir. July 3, 2012) that People's United Bank (d/b/a Ocean Bank) was required to reimburse its customer, PATCO Construction Co., for approximately $580,000 that had been stolen from PATCO's bank account...


Cozen O’Connor Member Discusses Colorado Theater Shooting on Fox News

July 20, 2012

News - Family Law

Cozen O’Connor Member Discusses Colorado Theater Shooting on Fox News


Cozen O’Connor Adds Howard Grossman to Real Estate Practice

July 19, 2012

Press Release - Real Estate, Real Estate Litigation

Cozen O’Connor Adds Howard Grossman to Real Estate Practice


D.C. Circuit Upholds EPA Greenhouse Gas Regulations [Energy, Environmental and Utilities Alert]

July 19, 2012

Publication - Environmental Litigation & Enforcement, Environmental Regulatory & Due Diligence

D.C. Circuit Upholds EPA Greenhouse Gas Regulations - Energy, Environmental and Utilities Alert - On June 26, 2012, the U.S. Court of Appeals for the D.C. Circuit upheld a suite of U.S. Environmental Protection Agency (EPA) actions related to the regulation of greenhouse gas (GHG) emissions under the federal Clean Air Act (CAA).


SEC Addresses Extraordinary Volatility in Stock Market [Securities Offerings and Regulation Alert!]

July 16, 2012

Publication

SEC Addresses Extraordinary Volatility in Stock Market - Securities Offerings and Regulation Alert! - On June 1, 2012, the Securities and Exchange Commission (SEC) announced two new initiatives to address extraordinary volatility both in individual stocks and the stock market as a
whole. The initiatives were submitted by the Financial Industry Regulatory Authority (FINRA) after the stock market drastically dropped in a matter of minutes and the existing rules failed to
stop the plunge.


Ken Fisher quoted in Crain’s New York Business

July 15, 2012

News - Zoning, Land Use & Development

Ken Fisher quoted in Crain’s New York Business


Keeping Up With Escalation Clauses [New York Law Journal]

July 12, 2012

Publication

Keeping Up With Escalation Clauses - New York Law Journal - Escalation provisions are complex in form and very dry reading, however, the failure to carefully read and understand such provisions can be very costly. In the article, Menachem Kastner uses the Murray Hill Mews Owners v. Rio Restaurant Associates case to demonstrate the importance of the statement above, noting that, "In the end, the time expended to understand these clauses will be well worth it."


Joseph Dever Quoted in DJ Compliance Watch

July 10, 2012

News

In an article titled, ''New Risks in Pitching Ideas to Prospects,'' Joseph Dever, a member of Cozen O'Connor's Commercial Litigation Department, discusses the Financial Industry Regulatory Authority’s suitability rule, particularly its interpretation among brokers.


Cozen O’Connor, PLS Introduce PA Tax Recap

July 06, 2012

News - Tax

Cozen O’Connor, PLS Introduce PA Tax Recap


Chevy Cruze Recall [Subrogation and Recovery Alert!]

July 05, 2012

Publication - Subrogation & Recovery - Insurance

General Motors is recalling nearly all Chevy Cruze models built in the United States since the vehicle’s introduction two years ago. The company knows of 30 fires caused by the problem, but no injuries have been reported, spokesman Alan Adler said. Flames engulfed and destroyed cars in two cases reported to federal safety officials.


Pennsylvania Amends Municipality Authorities Act to Restrict Authority Expenditures [Energy, Environmental and Utilities Alert]

July 05, 2012

Publication - Utility & Energy

Pennsylvania Amends Municipality Authorities Act to Restrict Authority Expenditures - Energy, Environmental and Utilities Alert - On June 27, 2012, Pennsylvania Governor Tom Corbett signed into law Senate Bill 375, which had been approved by a vote of 47-0 in the Senate on June 13 and by a vote of 196-0 in the House on June 19. The bill places certain restrictions on municipal water and sewer authorities’ ability to expend resources on activities not related to their core purpose.

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