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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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December 31, 2010
Publication
越来越多的中国公司在美国进行收购、成立合资企业或参与新建项目投资，从而推进他们的特定战略目标。 新近的交易案例包括阿里巴巴公司完成两笔对美国公司的收购以及广州中望龙腾软件股份有限公司完成对一家美国CAD/CAM 软件公司的收购。
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December 22, 2010
Publication - Business
Important Estate, Gift and Generation Skipping Tax Changes - Private Client Services Alert! - Congress has passed the 2010 “Tax Relief Act” which includes enormously important provisions affecting the federal estate tax, gift tax and generation-skipping tax. This legislation impacts the tax laws in effect for 2010, 2011 and 2012, and has a sunset provision of December 31, 2012
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December 22, 2010
News - White Collar Defense & Investigations
Bruce Maffeo, a member of Cozen O'Connor's White Collar Crimes and Criminal Defense Practice Group, was a call-in guest with Daryl Longullo from ON THE MONEY!
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December 22, 2010
Publication - Labor & Employment
NLRB Proposes Posting Requirement to Inform Employees of Rights Under the National Labor Relations Act - Labor & Employment Alert! - On Wednesday, December 22, 2010, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking (NPR) in the Federal Register requesting comments on a proposed requirement that all private sector employers subject to the National Labor Relations Act (NLRA) post a notice informing employees of their rights under the Act.
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December 21, 2010
Publication - Subrogation & Recovery - Insurance
When the Toyota Way Went Wrong - The National Law Review - Initially, many companies point the finger at others instead of taking responsibility for the problem. When Toyota heard reports of sudden acceleration in its vehicles, the company first blamed the floor mats, then the throttle pedals, then its pedal supplier, CTS of Indiana.
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December 21, 2010
Publication - Subrogation & Recovery
Use of Breach of Warranty Claims in Pursuing Subrogation Claims - Subrogation White Paper - The primary causes of action available to plaintiffs in typical property damage subrogation cases come from the law of torts with negligence and strict liability claims or the law of contract with breach of contract claims. In certain circumstances, breach of warranty provides an avenue of recovery. There is no single source of warranty law. Rather, there are different strands, some of which are statutory,
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December 21, 2010
Publication - Insurance Coverage, Technology, Privacy & Data Security
The Dos and Don'ts of Navigating the Cloud: a Business Guide for Cloud Computing - Corporate Counsel -
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December 20, 2010
Publication - Subrogation & Recovery - Insurance
That Sinking Feeling: Losses Arising from Sinkholes - Subrogation and Recovery Alert! - Sinkhole claims are emblematic of a number of different loss scenarios that may be one part mother nature and one part human error. The challenge from a subrogation perspective is to recognize and perfect the recovery opportunities arising from these complex claims, including engineering and construction deficiencies that may contribute to the subterranean failure, and to do so in a way that takes into account time bars triggered by statutes of repose.
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December 16, 2010
Publication - Subrogation & Recovery
Subrogation In Year 2000 Losses - Cozen O'Connor Whitepaper - Now that the Year 2000 has arrived, there is an avalanche of opinions concerning the disruptions that are likely to occur as a result of the Year Two Thousand or Y2K. This paper will explore the pursuit of subrogation actions following the payment of property claims that are traced, in whole or in part, to a Y2K source. This paper will not address coverage issues in first party claims. Obviously, because the topic is
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December 16, 2010
Publication - Subrogation & Recovery
Subrogation and The Economic Loss Doctrine: A 50 State Survey - Subrogator - All of the above claim scenarios, or ones similar to them, should be familiar to insurance claims and subrogation professionals. All of them appear to have good subrogation potential. But look again! Each of the above scenarios involves a situation in which the defendant manufacturer was able to avoid liability due to the application of an often-misunderstood doctrine known as the Economic Loss Doctrine (ELD). Being familiar with
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December 16, 2010
Publication - Subrogation & Recovery
Statues of Repose - Cozen O'Connor Whitepaper - Statutes of repose generally bar a cause of action after a specified time period, regardless of whether or not any property damage has occurred within that period. Statutes of repose typically begin to run on the date of a causative event (such as defective construction or negligent manufacture), rather than the date the damages occur. The statute of repose differs from a statute of limitations because a statute
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December 13, 2010
Publication - Subrogation & Recovery
Don't Let Wind Turbine Claims Blow Over: How to Assess Recovery: Subrogation potential exists even when lightning fuels first-party claims - National Underwriter - According to the 2010 U.S. Wind Industry Monitor, significant growth in the use of the wind turbines in the United States is projected over the next several years. Indeed, the U.S. recently surpassed Germany as having the largest usable wind capacity in the world.
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December 12, 2010
Publication - Antitrust & Competition, Business, Health Care & Life Sciences
House Judiciary Hearing Provides Few Answers for ACO Participants - Health Law Alert! - At the recent House Judiciary Committee’s hearing on the effects of antitrust laws in the heath care industry, testimony relating to accountable care organizations (ACOs) was plentiful, but unrevealing. Industry representatives and federal antitrust enforcers agreed that ACOs have the potential to successfully lower costs and improve quality of care, but government witnesses declined to provide a roadmap as to how ACOs may avoid running afoul of the antitrust laws.
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December 09, 2010
Publication - Subrogation & Recovery
Material Failures - Cozen O'Connor Whitepaper - Many losses involve, in one form or another, material failures. In some cases, the material at issue causes the loss. In other cases, the subject material contributes to the size or severity of the loss. In either event, material failures represent an opportunity, albeit sometimes overlooked, for subrogation recovery.
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December 09, 2010
Publication - Subrogation & Recovery
Parties to A Products Liability Action - Subrogation Publications - Individuals, corporations, and other business entities may allege strict product liability tort claims. A strict product liability plaintiff, whether an individual or a business, must allege personal injury and/or property damage caused by the product defect. As described previously herein, the product liability plaintiff need not be the purchaser of the product and need not be in privity with the defendant.
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December 09, 2010
Publication - Subrogation & Recovery - Insurance
Natural Catastrophes: Recovering Damages in the Afterman of Disaster - Subrogation and Recovery Alert! - A hurricane sweeps across the Southeast shattering its structures. Fires rage through the West ravaging the landscape. A flood runs through the Midwest ruining crops and city buildings. A blizzard blasts through the Northeast bringing businesses to the brink of bankruptcy. Lives are lost, and livelihoods. Whole industries take a hit, the insurance industry in particular.
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December 08, 2010
Publication - Subrogation & Recovery
Investigaiton and Analysis of Subrogation Claims Arising from Spontaneous Combustion and Chemically Induced Fires - Cozen O’Connor Technical Handbook - At one time or another, most claim professionals encounter fires caused by spontaneous combustion. Some of these losses involve well known auto-igniters, such as products containing boiled linseed oil. The February 1991 fire at One Meridian Plaza, for example, was ignited by spontaneous combustion of oily rags; this tragic loss caused over $100 million in property damage and cost three Philadelphia firefighters their
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December 04, 2010
Publication - Subrogation & Recovery
Infrastructure Failures - Regional Updates in Subro Law and Litigation - I. MUNICIPAL INFRASTRUCTURE INCLUDES VARIOUS SUPPORT SYSTEMS AND STRUCTURES SUCH AS WATER DISTRIBUTION SYSTEMS, SANITARY SEWAGE, ELECTRICITY, TRANSPORTATION, SUBWAYS, HIGHWAYS, STREETS, ETC.
A. Infrastructure failures may be directly related to utilization, age and maintenance protocols.
B. Infrastructure development was piecemeal
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December 02, 2010
Publication - Subrogation & Recovery
Avoiding Daubert Challenges ... and Surviving Them When You Can't - Subrogation and Recovery Powerpoint -
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