Government regulations and oversight present businesses and business leaders with some of the greatest challenges they face today. As globalization and technological innovation have remade the marketplace, governments around the world have imposed more regulations — and more complicated regulations — to try to keep pace. It is a fact of corporate life that organizations must understand and comply with government regulations covering a vast and growing range of topics. Companies need experienced counsel who can advise and litigate when public policy and business conduct overlap.
Cozen O’Connor has been providing government and regulatory counsel to sophisticated clients for more than 40 years. We represent public and private companies, family businesses, corporate boards and committees, directors and officers, investors and investment funds, nonprofits, and trade associations in a wide range of industries. With more than 600 attorneys in 23 cities on two continents, we routinely handle matters that cross borders and cross legal jurisdictions. Our attorneys are deeply knowledgeable about the regulatory requirements and decision-making processes at the federal, state, and local level.
We have experience in all major areas of oversight, including antitrust and trade regulation, transportation and logistics, health care, energy and environment, and consumer protection and privacy. Our attorneys take a distinctly proactive approach to the regulatory practice. This means that we use our knowledge to help clients achieve compliance quickly and efficiently, and with minimum business disruption. It also means that we identify areas where clients might leverage government regulations or available incentives to grow their business or become more competitive. Where others see restrictions, we find opportunities.
In addition, Cozen O’Connor Public Strategies is a bipartisan government relations firm that represents clients before all branches of the federal government and before state decision makers in Pennsylvania, Delaware, Maryland, New York and New Jersey. Our skilled professionals undertake legislative and executive branch advocacy, policy analysis, government procurement and funding program assistance, and crisis management. We help navigate the complex maze of governmental policy, politics, and process, and make sure that our clients’ voices are heard.
Antitrust & Trade Regulation
Transportation & Logistics
Energy & Environmental
Consumer Protection & Privacy
Cozen O’Connor Public Strategies
July 07, 2015
Ahaviah Glaser discusses the history of disability rights law, the major employment barrier addressed by the Transition to Independence Act, what it might take for this bill to become law and what will be necessary to address problems the disabled face more broadly.
April 21, 2015
The Supreme Court today allowed the states a greater role in regulating the energy sector.
March 10, 2014
On March 5, 2014, the House of Representatives passed H.R. 2126, the “Energy Efficiency Improvement Act of 2014.” The bill was co-sponsored by Representatives David McKinley (R-W.Va.) and Peter Welch (D-Vt.). The bill received bipartisan support, passing the House by a vote of 375-36.
January 22, 2014
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.
December 23, 2013
As the formulas from Part 1 demonstrate, OFAC’s regulations strongly incentivize cooperation to reduce a violator’s penalty. The next section examines a few recent enforcement actions in which companies have taken advantage of these regulatory formulas to minimize penalties resulting from violations.
November 20, 2013
Recent settlements in civil enforcement proceedings brought by the Office of Foreign Assets Control (OFAC) suggest that cover-ups, not crimes, may invite the stiffest penalties. Frequently, companies that cooperate with OFAC investigations, admit wrongdoing and take remedial actions to prevent future violations escape the enforcement process with mild punishments. Indeed, even companies that eventually cooperate after some initial resistance fare well in OFAC’s administrative enforcement process and often avoid criminal penalties altogether — penalties that, aside from the reputational damage, carry much more severe consequences, including prison time for individuals and massive financial impact.
September 06, 2013
Legislation (Senate Bills No. 901, 902, 903 and 904 (SB 901, SB 902, SB 903 and SB 904)) has been introduced in the Pennsylvania General Assembly that, if passed, in whole or in part, could significantly affect certain types of municipal finance transactions involving municipal authorities and other local governments.
April 03, 2012
Washington State Supreme Court Refuses to Cap Punitive Damages Imposed under Federal Maritime Law - Clausen v. Icicle Seafoods, Inc. - Global Insurance Alert! - On the Ides of March, the Washington State Supreme Court delivered the latest pronouncement on the issue of punitive damages under the archaic system of maintenance, cure, and unearned wages for maritime workers who go to sea.
August 22, 2011
Ninth Circuit Decision Interprets Arbitration Provision Narrowly - Maritime Alert! - The U.S. Court of Appeals for the 9th Circuit recently issued a decision, Cape Flattery Limited v. Titan Maritime LLC, Docket No. 09-15682, holding that a dispute pertaining to liability for damage caused during the salvage of a vessel could proceed in court, despite the inclusion of an arbitration provision in the salvage contract. In light of this decision, we recommend reviewing the language of all contractual arbitration clauses
February 08, 2011
Before You Settle ... - Maritime Alert! - In an ironic twist on January 31, 2011, the U.S. Court of Appeals for the 2nd Circuit in “In re: DG Harmony,” affirmed the district court’s ruling that by settling with cargo plaintiffs and “… not pursuing its indemnity claims at trial, Cho Yang forfeited its indemnity claim.”
November 05, 2010
The first U.S. chief operating officer? - Washington Post - Mark Alderman and Howard Schweitzer, along with former Senator Bob Kerrey (D-Neb.), call for a new, statutory position in the White House in their Washington Post opinion piece, “The First U.S. Chief Operating Officer?”
November 04, 2010
2010 Midterm Election Analysis - Public Strategies Alert! - The election of 2010 is history – but was it historic? As with so many events that appear in retrospect to have been pivotal, we will not know the impact of the 2010 midterm elections until we have the opportunity to judge the policy and political consequences of that vote. In the short term, what does the new order in Washington mean for the upcoming lame duck session of Congress? What can we expect to come out of Washington in the next Congress?
September 21, 2010
Legal Ease - The Beacon 6 - The Deepwater Horizon Oil Spill in the
Gulf of Mexico, potentially one of the most
devastating oil spills in U.S. history, will no
doubt cause the government to re-examine
the legal and regulatory scheme governing
oil pollution in U.S. waters. Until then, we
should consider the current legal regime
governing civil and criminal liability for oil
pollution under U.S. law.
July 21, 2010
FCC Offers ‘Third Way’ On Authority Over Internet Service - New York Law Journal - The U.S. Court of Appeals for the D.C. Circuit recently ruled that the Federal Communications
Commission (FCC) lacked jurisdiction over Comcast’s
Internet service. Comcast Corp. v. FCC, Docket No. 08-1291 (D.C. Cir. April 6, 2010). Therefore, the FCC lacked authority to impose upon Comcast nondiscriminatory obligations regarding such
July 12, 2010
Philadelphia Enacts New Law Regulating Lobbying - Public Strategies Alert! - On June 16, 2010, Mayor Michael Nutter signed into law the first ever registration and reporting requirements for individuals engaged in lobbying with the city of Philadelphia. The law largely tracks the statutes which govern lobbying on the state level. It does not go into effect immediately, but will govern actions taken on or after July 1, 2011.
February 22, 2010
Government Ethics Reform: A Work in Progress - New York Law Journal - There seems to be a widespread consensus that the public's lack of trust in the political
process should be a genuine concern for both officials and advocates. However, elected
officials at all levels struggle with avoiding compromising situations and appearances,
while not stifling the free flow of information and political relationships which inform the
January 22, 2010
Landmark Supreme Court Ruling on Corporate Political Speech - Public Strategies Alert! - In a landmark campaign finance opinion released Thursday morning, the Supreme Court of the United States held that the government cannot ban corporations from making direct expenditures from their own funds for speech in support of, or in opposition to, candidates for elected office. The decision explicitly overturns decades of precedent allowing such bans, and is effective immediately.
October 19, 2009
Second Circuit Overturns its Prior Decision in Winter Storm - Maritime Alert! - On October 16, 2009, the U.S. Court of Appeals for
the Second Circuit in a case entitled “The Shipping Corporation of India v. Jaldhi Overseas Pte Ltd.” filed under Case No. 08-3477-cv, held that electronic fund transfers (“EFTs”) being processed by an intermediary bank are not property subject to attachment under Rule B, and with the consent of all active judges of the Second Circuit, overruled Winter Storm Shipping, Ltd. v. TPI, 310 F.3d 263 (2nd Cir. 2002)and all of its progeny.
October 15, 2009
Cabotage - Maritime Alert! - Cabotage laws deal with the transportation of goods or passengers between two points in the same country. In the United States, such transport can only be performed by U.S. flagged carriers which include, ocean vessels, air, rail and truck.
March 25, 2009
Second Circuit Decision Will Limit Rule B Attachments - Maritime Alert! - The past six years witnessed the spawning of what
one New York court termed a “cottage industry for
Rule B attachments” of Electronic Fund Transfers
(EFT). On March 19, 2009, however, the Second Circuit Court of Appeals, issued an opinion in STX Panocean (UK) Ltd v. Glory
Wealth Shipping PTE Ltd, 2009 WL 704722, which is likely to cause a slow down of these attachments. By registering with the New York Secretary of State to do business in New York,
March 20, 2009
Southern District of Florida Finds 'Fear of Loss' Sufficient to Establish Cargo Arrived in 'Damaged' Condition and Inter-Company Transfer Price is a Proper Measure of Damage - Maritime Alert! - On March 10, 2009, the U.S. District Court for the
Southern District of Florida in a case entitled “Eli
Lilly and Company, et al. v. Air Express International
USA, Inc. d/b/a DHL Global Forwarding, et al.” filed under Case
No. 06-23047-CV-MOORE, found that plaintiffs Eli Lilly and its
insurers could recover full damages, approximately $10
million, from defendant air carrier DHL.
March 05, 2009
2009 American Recovery and Reinvestment Act Amends Longshore and Harbor Workers Compensation Act - Maritime Alert! - In addition to providing for the expenditure of billions of
dollars to stimulate the American economy, the 2009
American Recovery And Reinvestment Act limits the
reach and scope of the Longshore and Harbor Workers
Compensation Act, 33 U.S.C. Sec. 901, et seq. (the “LHWCA”).
October 01, 2008
International Litigation: The U.S. Jurisdiction To Prescribe and the Doctrine Of Forum Non Conveniens - The Federal Lawyer - Since the 1945 decision by Judge learned hand in United States v. Aluminum Co. of America (colloquially known as the "Alcoa" case), it has become well-established law that the Sherman Antitrust Act-legislation that was adopted over 100 years ago-applies to and prohibits conduct in foreign countries if that conduct has an illegal "effect" in the United States. The very important issue today is the extent to which the
October 01, 2008
HHS' First Resolution Agreement for Alleged HIPAA Violations and What it Means for You - Health Law Alert! - The Department of Health and Human Services
(“HHS”) has entered into its first resolution
agreement with a covered entity to settle alleged
violations of the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy and security rules.1 According to HHS, the resolution agreement with Providence Health & Services (“Providence”), a Seattle-based not-for-profit health system, addresses a series
September 01, 2008
Going it Alone: - Maritime Risk International - Erik Kowalewsky, of Cozen O’Connor, looks at California’s bid to regulate fuel sulphur within its waters. On 24 July 2008, the California Air Resources Board (CARB) adopted regulations mandating that oceangoing cargo and passenger cruise vessels use low-sulphur marine distillate fuel within 24 nautical miles of the shore and prohibiting use of less-expensive heavy fuel oil, so-called bunker fuel.
August 08, 2008
Why shopping around for forum is a sensible move - Insurance Day - James F Campise examines how decisions over which jurisdiction to use can influence the outcome of the case.
August 01, 2008
The United States and the European Union in International Aviation - The Federal Lawyer - This article will focuse on two major topics that are of very current interest in both the European Union (EU) and the United States. I have been deeply involved in both of these issues for many years.
July 03, 2008
Supreme Court Rules on Availability of Punitive Damages Under Federal Maritime Law - Maritime Alert! - 3 pgs total. In June 2008, in Exxon Shipping Co. v. Baker, the Supreme Court of the U.S. decided a number of federal maritime legal issues in a case of first impression. Even though this case has been a focus of media attention for years, a little background and review is necessary to understand what the Supreme Court decision says—and what issues it did not resolve. The decision provides clarity to marine insurers and may shape potential lower court rulings.
May 01, 2008
U.S. Cargo Security - Cozen O'Connor Presentation - What is the foremost security
threat from shipping containers?
• Covert nuclear devices & materials
• Prevention of contraband is a side-benefit
• Cargo loss or damage is not a concern
How to inspect without interrupting
commerce? Use of non-intrusive technologies to scan containers, including
April 04, 2008
Utmost Good Faith Doctrine Alive and Well - Maritime Alert! - 2 pgs total. The import of the Federal v. PPG decision is that in this international economy, marine insurers have many tools at their disposal to investigate risks and although uberrimae fidea is still a valid and enforceable doctrine in marine insurance, courts may nevertheless expect insurers to employ those tools prior to binding.
March 01, 2008
US Toughens Up - Maritime Risk International - 2 pgs total. This article looks at a wave of recent developments to protect maritime trade and improve both the economy and safety.
January 24, 2008
Houston Court of Appeals Holds That Post-Injury Arbitration Agreement Was Not Exempted From FAA or Invalid Under FELA - Maritime Alert! - 3 pgs total. Recognizing that mandamus review is an extraordinary remedy that will issue only to correct a clear abuse of discretion when the abuse cannot be remedied by appeal, the court held that a party has no remedy for wrongful denial of its right to arbitrate under an agreement subject to the Federal Arbitration Act (“FAA”).
November 15, 2007
Can a Limitation of Liability Provision in a Bill of Lading Invalidate My Perfectly Good Carmack Amendment Claim? - Maritime Alert! - 2 pgs total. All too often, a cargo owner and/or its subrogated insurer establishes the elements necessary to prove a claim under the Carmack Amendment and conclusively negates the defenses available to a motor carrier, only to be met with the dreaded and feared “Bill of Lading” which contains a limitation of liability provision.
October 09, 2007
Sompo vs. Altadis/COGSA vs Carmack - Maritime Alert! - 4 pgs total. In conclusion, despite the U.S. Supreme Court’s efforts in Kirby to adopt a single default rule on cargo liability for intermodal shipments, federal courts throughout the U.S. are nevertheless split on how to apply COGSA and Carmack in a consistent and methodical fashion. Until then, we recommend that our maritime clients take all necessary steps to protect their respective interests under both COGSA and Carmack.
October 01, 2007
Navigating – And Working To Reconcile – A Sea Of Conflicting Cargo Laws - Maritime Risk International - Recent court opinions in the US concerning the geographical boundaries of maritime cargo and land transit law have aimed to work toward uniformity, but have unfortunately achieved the opposite result.
It is beyond debate that vessel and cargo
interests need as consistent and predictable a
framework of law as possible, to give effect to
their expectations under intermodal contracts
July 13, 2007
US court applies the doctrine of equitable estoppel - Insurance Day - A recent Southern District of New York court ruling took the rare step of applying the
doctrine of equitable estoppel to grant coverage in contravention of a marine policy’s
express terms. The ruling arguably broadens insurers’ duties of communication to
the insured during the adjustment of a claim, according to Erik Kowalewsky and
David Loh of Cozen O’Connor.
October 11, 2006
Non-traditional Theories of Recovery for Losses Arising Out of Maritime Casualties - Maritime Recovery Update - 10/11/2006 - 3 pgs total. When significant cargo losses result from sinking, fire or some other casualty, the usual targets against which subrogation efforts are focused are the vessel, its owner and possibly the vessel’s charterer. Unfortunately, this narrow approach can leave marine insurers with a bleak recovery prospect. One theory of recovery has entailed prosecution of a cargo shipper. Another category of defendants which has been targeted by hull and cargo insurers is the classification society.
September 01, 2006
Using Mental Health Records for Research - Compliance Today - The Health Insurance Portability and Accountability Act’s Privacy Rule (the “Privacy Rule”) strikes a balance between restricting the unauthorized disclosure of medical records and permitting health care providers to operate effectively, including participation in research studies. Specifically, the Privacy Rule takes into account that getting patient authorization for a disclosure can be problematic for researchers who do not interact directly with