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January 20, 2011
News - White Collar Defense & Investigations
In an article titled, ''Insanity Defense Could Be A Tough Sell For Loughner,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, comments on the attempted assassination of Rep. Gabrielle Giffords, specifically regarding an insanity defense. Boss states, ''The defense now has to prove by clear and convincing evidence, which is an extremely high burden ...that the defendant did not understand the wrongfulness of his conduct.''
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January 19, 2011
Publication - Business, Tax
PEO Did Not Sell Help Supply Services - Tax Alert! - The Commonwealth Court en banc affirmed a panel decision that a professional employer organization (PEO) did not provide help supply services taxable for Sales and Use Tax purposes, but on different grounds. All Staffing, Inc. v. Commonwealth, No. 325 F.R. 2006 (Pa. Commw. Dec. 2, 2010), aff’g All Staffing Inc. v. Commonwealth, 987 A.2d 849 (Pa. Commw. 2010).
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January 19, 2011
Publication - Real Estate Litigation - Real Estate & Construction
Pennsylvania Licensing Boards' Penalty Assessments Increasing - Real Estate Alert! - This Alert cautions Pennsylvania real estate owners and property managers to examine whether their customary operating practices could lead to severe fines for the unlicensed practice of real estate brokerage by their executives and employees. While the Alert focuses on Pennsylvania law, the basic message is valid in all jurisdictions -- a periodic review of your customary operating procedures is critical to avoid a "drift" into administrative or regulatory minefields.
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January 18, 2011
Publication - Business, Tax
Expedia Not Required to Collect Philadelphia Hotel Tax - Tax Alert! - The Philadelphia Court of Common Pleas affirmed a decision by the City’s Tax Review Board that an Internet hotel reservation company was not liable to collect Philadelphia’s Hotel Tax. City of Philadelphia v. City of Philadelphia Tax Review Board, Mar. Term 2010 No. 00764 (Phila. C.P. Jan. 14, 2011)
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January 18, 2011
Publication - Products Liability - Health Care & Life Sciences
Adverse Incident Reports: How Many Is Too Many? - Life Sciences Alert - On January 10, 2011, the U.S. Supreme Court heard argument in the matter Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167 (9th Cir. 2009), and suggested that some major changes may be in store for pharmaceutical companies which could forever alter how they handle adverse reports.
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January 17, 2011
News
John Williams' Move to Cozen O'Connor Featured in The AmLaw Daily, Bloomberg News, Law360 and Law.com
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January 17, 2011
News
Scott Schwartz's Departure from Cozen O'Connor Featured in Philadelphia Business Journal
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January 13, 2011
Publication - Subrogation & Recovery - Insurance
It's All About YouTube: How Social Media Can Make or Break Your Subrogation Action - Subrogation and Recovery Alert! - YouTube can be a surprising source of evidence in proving your claims. Video of fires, explosions, collapses and other casualty events is provided almost in real time by participants and observers. Documentation of the incipient stages of a loss often is of critical importance in reconstructing what occurred. This Alert discusses how to obtain and use YouTube video evidence, including identifying potential witnesses.
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January 12, 2011
Publication - Real Estate Litigation
The purpose of this article is to survey the relevant legal precedent discussing the judicial exceptions to the Four Year Rule, note the patterns, and then formulate a cogent conclusion to assist in predicting under which circumstances the Four Year Rule will apply, and under which circumstances its exceptions will apply.
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January 11, 2011
Publication - Insurance Coverage
On January 4, 2011, in response to concerns regarding food-borne illnesses and related product recalls, President Obama signed into law the Food and Drug Administration Food Safety Modernization Act, H.R. 2751 (''FSMA'' or ''the Act''), which is being heralded as the most significant expansion of food safety requirements since the 1938 enactment of the Food, Drug, and Cosmetic Act. The Act focuses on preventive controls and expands the Food and Drug Administration’s (''FDA'') regulatory authority.
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January 10, 2011
Publication
U.S. Supreme Court Likely to Continue Robust Free Speech Protection - The Legal Intelligencer - Each year, the Supreme Court considers several cases testing the contours of the First Amendment's protection of speech. The justices' enthusiasm for these cases should not be surprising. The free speech guarantee is a core element of our country's founding spirit and calls to protect dissident voices appeal to our visceral aversion to tyranny. In addition to those lofty principles, the underlying facts of
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January 10, 2011
News - Subrogation & Recovery - Insurance
Cozen O'Connor Team of “Experts” Recognized in National Law Journal Article
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January 07, 2011
News
Jonathan Grossman Quoted in New York Times
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January 05, 2011
Publication - Subrogation & Recovery - Insurance
A Quiet Revolution: International Acceptance of Contingent Fee Structures - Subrogation and Recovery Alert! - Have an international loss but wary of pursuing due to concerns over high hourly rates? International resistance to contingent fee representation is rapidly evolving towards permitting such arrangements. This Alert describes jurisdictions now permitting contingent fee representation
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January 05, 2011
News
Sean Carter, member in the firm’s Philadelphia office, aids Senate Judiciary Committee Members with regard to new bill concerning Federal Court pleading standards
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January 04, 2011
Publication - Subrogation & Recovery
Ethical Issues In The Context Of Investigaiton And Pursuit Of Property Damage Subrogation Claims - Subro Publications; Loss Site Investigations - I. LOSS SITE INVESTIGATIONS/ SPOLIATION AND PRESERVATION OF EVIDENCE
What are the implications of the insured being advised that the insurer is undertaking a subrogation investigation? Does this undertaking necessarily include protection of the insured’s interests with respect to its uninsured losses? If the insured affirmatively requests the insurer to share information arising from the subrogation
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January 04, 2011
Publication - Subrogation & Recovery
Calif. E-Discovery Rules Welcomed, With Questions - Law 360 - California's new e-discovery regulations should provide some needed guidance on handling electronic data in the nation's largest state court system, although exactly how the new rules will play out in a practical sense remains to be seen, experts said.
"My take on the new California rules is that they're very similar to the federal rules," said
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January 01, 2011
Publication - Insurance Coverage - Insurance
Social Media Users: R U Insurable? - Texas Bar Journal - In the advent of social media, companies should be aware that insurers offer particular types of coverage for Internet-based
business activity, which have improved over the past few years. Policyholders who are willing to invest in reviewing and comparing choices and wording can tailor the coverage to their
needs and potential exposures.
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January 01, 2011
Publication
Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure - PBA Civil Litigation Section Newsletter - Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure
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January 01, 2011
Publication
Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure - PBA Civil Litigation Section Newsletter - Federal Court Declines to Recognize Self-Critical Analysis Privilege Where Documents Were Generated Through Voluntary Self-Assessment Procedure
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