Recent Developments in Excess Insurance, Surplus Lines Insurance and Reinsurance Law [Tort Trial & Insurance Practice Law Journal, Winter 2010]

Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance

The Nonadmitted and Reinsurance Reform Act of 2009 would reduce the complexity of complying with state insurance regulations and tax regimes applicable to policies issued by nonadmitted insurers that cover risk exposures in more than one state.

Are You Up To The Test? [Construction Today]

Publication - Construction Law

Given the myriad of research over the last decade, it is now fair to say that drug and alcohol use in the construction industry is a significant issue to all involved: workers, unions, trade contractors, developers and owners.

Fall 2010 [Labor and Employment Observer]

Publication - Labor & Employment

We are pleased to present the latest edition of the Labor and Employment Observer. We hope you find this issue both useful and informative.

Cozen O’Connor Ranked Fourth in Nation For Summer Associates Program

Press Release

Cozen O’Connor Ranked Fourth in Nation For Summer Associates Program

Investigational Devices and the Defenses that Protect Them [Cozen O'Connor Paper]

Publication - Products Liability

Investigational Devices and the Defenses that Protect Them - Cozen O'Connor Paper -

Naming John Doe: Suing a Fictitious Defendant to Further Your Investigation and Toll the Statute of Limitations [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

Naming John Doe: Suing a Fictitious Defendant to Further Your Investigation and Toll the Statute of Limitations - Subrogation and Recovery Alert! - Do you have a statute of limitations running out but the correct defendant is not known yet? It happens to everyone now and then. What do you do to avoid losing your potential subrogation recovery? This Alert discusses suing a "fictitious" Doe defendant to help preserve the subrogation case while conducting additional discovery.

The United States Supreme Court to Consider the Reach of Personal Jurisdiction in Product Liability Actions [Litigation Alert!]

Publication

The United States Supreme Court to Consider the Reach of Personal Jurisdiction in Product Liability Actions - Litigation Alert! - On September 28, 2010, the United States Supreme Court granted certiorari in two product liability cases, J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343, 2010 U.S. LEXIS 5747, *1 (U.S. Sept. 28, 2010) and Goodyear Luxembourg Tires, S.A. v. Brown, No. 10-76, 2010 U.S. LEXIS 5750, *1 (U.S. Sept. 28, 2010), which are to be “argued in tandem.” In both cases, state courts found that they had personal jurisdiction over foreign companies.

OSHA Proposes New Interpretation of Noise Standard for Construction and General Industry [Labor & Employment Alert!]

Publication - Labor & Employment - Real Estate & Construction

On October 19, 2010, the Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register proposing to change the way in which the noise exposure standards for construction and general industry are interpreted, and modifying its enforcement policy accordingly.

DOJ Follows Through on Pledge; Sues BCBS of Michigan Over MFN Clauses [Health Law Alert!]

Publication - Antitrust & Competition, Business, Health Care & Life Sciences

DOJ Follows Through on Pledge; Sues BCBS of Michigan Over MFN Clauses - Health Law Alert! - The U.S. Department of Justice filed an antitrust lawsuit today against Blue Cross of Michigan alleging that “most favored nation” clauses (“MFNs”) in its hospital contracts violate §1 of the Sherman Act because they serve to raise hospital prices, prevent other insurers from entering the marketplace, and discourage hospitals from providing discounts to other insurers. DOJ seeks to have MFNs between Blue Cross and hospitals declared illegal, to

The Developers' To-Do List While Waiting for Money to Thaw [Real Estate Alert!]

Publication - Real Estate Litigation - Real Estate & Construction

The Developers' To-Do List While Waiting for Money to Thaw - Real Estate Alert! - Tempting though it may be to spend time and effort on projects and tasks that got shunted aside during the heyday of the last real estate boom, but never went away, or on non-business pursuits, this is a perfect time -- even a critical time -- to position yourself and your businesses for the next economy. Please call us for additional suggestions, implementation advice, or just a good sounding board for your own ideas.

Immigration Alert [Labor & Employment Alert!]

Publication - Labor & Employment

Immigration Alert - Labor & Employment Alert! - We are pleased to present our Immigration Alert informing our clients of the current availability of the H-1B Temporary Worker Visas, the Diversity Visa Lottery and a Legislative Update

Wildfire Losses: Igniting a Recovery Claim [Claims Advisor]

Publication - Insurance Coverage, Subrogation & Recovery

Wildfire Losses: Igniting a Recovery Claim - Claims Advisor - Your BlackBerry beeps, revealing a series of new loss assignments. It must be fire season—again. So far in 2010, California has seen a multitude of wildfires (Crown, West, Bull, etc). Colorado also experienced devastating property loss from late summer blazes, and other states—albeit with fewer headlines—fell victim to widespread forest fires and the resulting economic losses. For insurance professionals, wildfire claims can

Stay Off the Hook for TCPA Claims [Law.com]

Publication

Stay Off the Hook for TCPA Claims - Law.com - Automatically dialing cell phones could land your company in court and cost you millions, with a growing number of
cases alleging violations of the Telephone Consumer Protection Act (TCPA) ...

Anticipating Changes in Food Packaging [Food Safety Magazine - eDigest]

Publication - Insurance Coverage - Insurance

According to the Centers for Disease Control and Prevention, an estimated 76 million cases of foodborne illness occur each year in the United States, resulting in approximately 325,000 hospitalizations and 5,000 deaths. These staggering statistics, along with a seemingly endless list of food recalls and associated public outrage, have prompted the government to react.

Curbing an Employee Classification Mistake [Risk and Insurance Online]

Publication - Insurance Coverage - Insurance

Curbing an Employee Classification Mistake - Risk and Insurance Online - Misclassifying employees as independent contractors is costing employers, with increased litigation and regulatory action. A
proactive approach can avoid missteps.

Product Identification in New York: Concerted Action, Market Share Liability, & Alternative Liability

Publication

Consent to Settlement Agreement May Not Bar Negligence Claim [The Legal Intelligencer]

Publication

Consent to Settlement Agreement May Not Bar Negligence Claim - The Legal Intelligencer - In Guido v. Duane Morris LLP , the New Jersey Supreme Court held in a June 8 opinion that a client's consent to settlement does not necessarily bar a malpractice action arising from that settlement. The court also held that the client need not seek to vacate the underlying settlement agreement as a prerequisite to the malpractice action. In so ruling, the New Jersey Supreme Court pulled back from an earlier

The Second Circuit Issues an Important Decision Regarding the Scope of the Bespeaks-Caution Doctrine [Securities and Financial Services Litigation and Securities Regulation Alert!]

Publication - Business

The Second Circuit Issues an Important Decision Regarding the Scope of the Bespeaks-Caution Doctrine - Securities and Financial Services Litigation and Securities Regulation Alert! - In a recent decision, the United States Court of Appeals for the Second Circuit made clear that the bespeaks-caution doctrine applies to forward-looking statements only and not to characterizations that communicate present or historical facts. Any company that makes public statements should take heed. Disclosures about risks will cover forward-looking statements; but where a plaintiff can show that an allegedly false or misleading statement pertains to present or historical facts,

NFPA Bans Use of Antifreeze in Sprinkler Systems [Subrogation and Recovery Alert!]

Publication - Subrogation & Recovery - Insurance

NFPA Bans Use of Antifreeze in Sprinkler Systems - Subrogation and Recovery Alert! - In an incredibly ironic turn of events, the National Fire Protection Association has determined that the use of antifreeze within wet pipe sprinkler systems-to avoid freeze-ups-actually creates a fire hazard by virtue of the extreme flammability of the antifreeze solution. Consequently, the NFPA now has issued a safety alert recommending that residential wet pipe fire systems should be drained of antifreeze and filled with plain old water.

H. Robert Fiebach Appointed to American Bar Association’s Advisory Committee

Press Release

H. Robert Fiebach, a senior attorney in Cozen O’Connor’s Commercial Litigation Department, was appointed to the Advisory Committee of the American Bar Association’s Standing Committee on Substance Abuse after completing a three year term as a member of the Committee, during which he served as Chair of the Committee for two and a half years.