Cozen O'Connor

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1650 Market Street
Philadelphia, PA 19103, United States
Phone: (215) 665-2000
Fax: (215) 665-2013
Areas of Practice
  • Agriculture
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • Texas
  • Washington
Other Countries
  • Canada
  • United Kingdom
Number of Attorneys
400+ Attorneys

Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before…more

Breach of Contract, Claims Made Policy, D&O Insurance, Denial of Insurance Coverage, Late Notices

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Protection of Marijuana Brands in the United States

Brand protection for companies engaged in marijuana-related businesses continues to present special challenges given the federal prohibition on the sale, distribution, and possession of marijuana under the Controlled Substances…more

Brand, Controlled Substances Act, Marijuana, Marijuana Related Businesses, Trademark Registration

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The Expert Report: Key Considerations

Product liability cases often present challenging and complex issues which require the use of experts. If you are litigating in federal court, any expert you designate will be required to provide a written report…more

Civil Code, Corporate Counsel, Expert Reports, Expert Witness, Federal Rules of Civil Procedure

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Beltway Briefing: March 21

Blake Rutherford, Mark Alderman, and Howard Schweitzer, of Cozen O'Connor Public Strategies, discuss the recent developments in politics and policy in Washington, D.C. Blake: Thank you very much, and thanks to everyone for…more

Barack Obama, Donald Trump, FBI, Political Campaigns, Presidential Elections

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Delaware Supreme Court Affirms Enforcement of Agreement to Negotiate in Good Faith

In a recent case before the Delaware Supreme Court, SigaTechnologies v. PharmAthene, the court upheld a Delaware Chancery Court’s ruling that an express agreement between parties to negotiate in good faith, even if the subject…more

Breach of Contract, Contract Interpretation, Covenant of Good Faith and Fair Dealing, Damages, Negotiations

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Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - May 2017

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the…more

Airlines, Aviation Industry, Civil Monetary Penalty, Consent Order, Department of Transportation (DOT)

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Will Congress Come Together for Telemedicine?

Consistent with what we have been seeing in our own practice, and consumers’ growing demand for better access to telemedicine services, a bi-partisan movement is growing in both houses of Congress to expand telehealth services,…more

Medicare Access and CHIP Reauthorization (MACRA), MIPS, Proposed Legislation, Telemedicine

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Reservation of Rights Requirements Adopted by South Carolina Supreme Court

The South Carolina Supreme Court’s recent decision in Harleysville Group Insurance v. Heritage Communities, Inc., Appellate Case Nos. 2013-001281 and 2013-001291, 2017 WL 105021 (S.C. Jan. 11, 2017) affirms what is and is not…more

Commercial General Liability Policies, Construction Industry, Insurance Industry, Property Damage, Reservation of Rights

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Is Comp Time Finally Coming to Private Employers?

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair…more

Compensatory Time Off, FLSA, Over-Time, Private Sector, Proposed Legislation

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New California Law Takes Aim at Choice of Law Provisions in Employment Agreements

Borrowing from the famous tourism marketing tagline of its neighboring state, a new California law effectively tells employers, “what happens in California stays in California,” and gives employees the power to strike down…more

Adjudicatory Process, Employment Contract, Jerry Brown, Pre-Employment Agreements

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Fourth Circuit: Rule 23(f) Review Does Not Apply to Decertification Denials

Rule 23(f) provides for discretionary interlocutory review of an order “granting or denying class-action certification” if a party files a petition for permission to appeal within 14 days after the order is entered. Last month,…more

Appeals, Class Action, Class Certification, Rule 23(f)

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Medical Marijuana to be Legal in Pennsylvania

The Pennsylvania House of Representatives on April 13, 2016 passed Senate Bill 3, legalizing medical marijuana in the commonwealth of Pennsylvania. The Pennsylvania Senate had approved the bill earlier in the week…more

Decriminalization of Marijuana, Department of Health, Medical Marijuana, Pending Legislation

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SEC Disclosure Updates — Exhibit Hyperlinks, Industry Guide 3, and Inline XBRL

On March 1, 2017, the Securities and Exchange Commission (SEC) voted to adopt final rule and form amendments to require issuers to include hyperlinks to each exhibit included in SEC filings. The same day, the SEC also issued a…more

Bank Holding Company, Banking Sector, Final Rules, Financial Statements, Hyperlink

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Coverage to Rebuild a Foundation to Comply with Changed Building Codes Following a Fire are Subject to Code-Upgrade Endorsement’s Sublimit

Does the efficient proximate cause rule serve to afford coverage for the additional costs to rebuild the foundation of a home in compliance with changed building code requirements beyond the sublimit of liability of an optional…more

Appeals, Building Codes, Construction Industry, Construction Project, Denial of Insurance Coverage

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Coca-Cola Dodges Privacy Class Action

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of…more

Class Action, Coca Cola, Corporate Counsel, Data Breach, Personally Identifiable Information

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Trump Issues Revised Order on Immigration

The following are some of the key immigration-related implications of President Trump’s March 6 executive order (Protecting the Nation from Foreign Terrorist Entry into the United States), with a particular focus on the…more

Executive Orders, Foreign Nationals, Immigration Reform, International Travel, Travel Ban

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Oil And Gas Update For Week Ending 5/5/2017 – Attacks On Class Arbitration For Royalty Litigation In PA, TX Supremes Block Lease Busting Attempt, And TX Appellate Court Addresses Conveyance Of Mineral Vs. Royalty Interests

Oil prices based on the Brent Crude and West Texas Intermediate indices dropped significantly since our last report while natural gas spot prices rose slightly. The national rig count remains steadily climbing except that the…more

Arbitration, Class Arbitration, Commercial Leases, Contamination, Gas Royalties

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“Full Employment for CISOs in New York”: New York Proposes the Nation’s First Cybersecurity Regulation

If you’re a CISO living in New York get ready for the phone calls!!! On September 13, 2016, Governor Andrew M. Cuomo proposed the nation’s first cybersecurity regulation. Starting on September 28, 2016 there is a limited 45 day…more

CISO, Cybersecurity, Financial Institutions, NYDFS, Public Comment

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Employers May Fire Employees for State-Licensed Medical Marijuana Use, Colorado Supreme Court Holds

In a much anticipated decision, the Colorado Supreme Court confirmed an employer’s right to fire employees for drug use — even state-licensed use of medical marijuana. The court ruled in a unanimous decision that Dish Network…more

CO Supreme Court, Dish Network, Drug & Alcohol Abuse, Hiring & Firing, Medical Marijuana

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed…more

Appeals, Aviation Industry, Federal Aviation Administration (FAA), Manufacturers, Preemption

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How To Protect Yourself Before A Divorce

As a divorce lawyer, I have met with countless clients who claim they were blindsided by a divorce. While they may have seen signs that something was wrong in the marriage, they chose to ignore them hoping that things would…more

Divorce, Marital Assets, Marriage, Personal Property, Spouses

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Commonwealth Court Unanimously Holds that Local Business Privilege Tax Must be Fairly Apportioned

A panel of the Commonwealth Court unanimously held that a local Business Privilege Tax (BPT) imposed on fees paid by Pennsylvania 7-Eleven franchisees to 7-Eleven’s regional office in the township was unconstitutional because it…more

7-Eleven, Business Privilege Tax, Commerce Clause, Franchises

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New York Court Confirms: Additional Insured Coverage Limited to Contractual Privity

On September 15, 2016, the New York Supreme Court, Appellate Division, First Department found that an additional insured endorsement provided additional insured coverage only to the entity in direct contractual privity with the…more

Additional Insured Endorsements, Commercial General Liability Policies, Construction Project, Contract Terms, Multi-Party Litigation

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Battery Problems Spread to Smartphones

After more than a decade of laptop battery fires, coupled with the surge in new battery operated devices causing fires (including hoverboards and e-cigarettes), it seemed almost impossible that news of a new string of…more

Consumer Product Safety Commission (CPSC), Lithium Batteries, Manufacturers, Product Recalls, Smartphones

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Tenth Circuit Holds That Two-And-One-Half Years And Two-And-One-Half Million Dollars Do Not Constitute Prejudice

In BSC Holding, Inc. et al. v. Lexington Ins. Co., — Fed.Appx. –, 2014 WL 929194 (10th Cir., March 11, 2014), the Tenth Circuit recently underscored how difficult it can be for an insurer to demonstrate prejudice as a result of…more

Insurance Industry, Late Notices, Prejudice, Property Insurance, Summary Judgment

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Disciplining February 17 General Strikers May Cause Problems for Employers

Organizers have called for a National General Strike Against the Policies of President Trump on February 17. Many of our clients are asking what their rights are in the event some of their employees choose to participate…more

Employer Liability Issues, NLRA, NLRB, Strike, Trump Administration

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Rollback of SEC Regulations Promulgated Under Dodd-Frank Has Begun

In several uncoordinated actions, the dismantling of Securities and Exchange Commission (SEC) regulations promulgated under The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has begun. In two…more

Conflict Mineral Rules, Consumer Protection Act, Dodd-Frank, Executive Orders, Financial Regulatory Reform

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Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news, of…more

Employer Liability Issues, Exempt-Employees, FLSA, FTC, Gun Laws

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Illinois Tightens Settlement Procedures

We have all experienced the frustration of having negotiated an acceptable settlement recovery after years of loss investigation and discovery, only to have the settling defendant drag its heels in terms of proffering a release…more

Settlement

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Seventh Circuit Holds Pre-Bankruptcy Termination of Lease May Be Avoidable Transfer

Landlords dealing with troubled tenants often enter into termination agreements that dictate terms for the consensual terminations of unexpired leases. Among other benefits, such termination agreements provide certainty and…more

Commercial Bankruptcy, Commercial Leases, Corporate Counsel, Fraudulent Transfers, Lease Termination

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Using the Privilege: Fifth Amendment Fundamentals for Corporations

Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and…more

Attorney-Client Privilege, Corporate Officers, Fifth Amendment, SEC, Securities Fraud

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Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy

This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas’ intermediate level appellate court rejected policyholder…more

Appeals, Claims Made Policy, Contamination, Environmental Liability, Insurance Industry

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Third Circuit Invalidates HHS’ Medicare Wage Index Reclassification Rule

On July 23, 2015, the Third Circuit invalidated, as being contrary to the Medicare statute, the U.S. Department of Health and Human Services’ (HHS) Medicare wage index “reclassification rule,” 42 C.F.R. § 412.230(a)(5)(iii)…more

Chevron Deference, HHS, Hospitals, Medicare, Reclassification Rules

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Colorado Supreme Court Limits Use of Extrinsic Evidence and Reasonable Expectations Doctrine

On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen, No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret ambiguous policy language, not…more

Ambiguous, Auto Insurance, Bad Faith, Breach of Contract, CO Supreme Court

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Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news, of…more

Employer Liability Issues, Exempt-Employees, FLSA, FTC, Gun Laws

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2016 Year-End Tax Update: Okay, Now What?

In last year’s materials, loosely styled “Make America Great Again!,” we ruminated upon (and also thought about) what role, if any, federal income taxes might play in helping to make America great again, once the interminable…more

1099s, Affordable Care Act, Employment Tax, Estate Tax, Gift Tax

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Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase…more

Competition, Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Multidistrict Litigation

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Practice Leasing: An Alternative Worth Considering

As hospitals look to forge alignments with medical staff physicians and many “independent” physicians consider whether they want to become employees of a hospital or health system or remain independent operators of their own…more

Healthcare, Hospitals, Leases, Physicians

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Will the New General Data Protection Regulations (“GDPR”) Be a Block in the Chain?

Yes, I know that I ooze wit, but seriously, on the 25 May 2018, the new GDPR will come into force, which replaces the current data protection regulations (irrespective of Brexit). The principle at the heart of the GDPR is that…more

Blockchain, Data Protection, General Data Protection Regulation (GDPR), Personal Data, Popular

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Third Circuit Says No To Insured’s Request For Reserve Information

In a victory for insurers, the United States Court of Appeals for the Third Circuit recently rejected an insured’s discovery request for reserve information in a first-party bad faith action. In its April 29, 2014 decision in…more

Appeals, Bad Faith, Discovery, Insureds

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A New Twist in the California Debate Over Allegedly Inadequate Replacement Cost Limits in Homeowners’ Policies

The April 8, 2015 decision of the California Court of Appeals in Ass’n. of Cal. Insurance Companies v. Jones, 2015 WL 1569669, 2015 Cal. App. LEXIS 298 (Cal.Ct.App., Apr. 8, 2015) held that the state’s Insurance Commissioner…more

Appeals, Homeowner's Insurance, Insurance Litigation, Property Damage, Replacement Costs

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Pennsylvania Federal District Court: Insurer’s Reliance on “Reasonable” Interpretation of Law Does Not Automatically Bar Bad Faith

On March 13, 2017, the United States District Court, Eastern District of Pennsylvania, rejected the argument that an insurer does not act in bad faith if it relies on a reasonable interpretation of unsettled case law. The court…more

Allstate, Assault, Bad Faith, Breach of Contract, Duty to Defend

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Prohibition Against Listing Apartments or Units on Home-Sharing Sites

On Friday, October 21, 2016, Governor Cuomo signed a bill banning the illegal advertising of apartment or units in Class A buildings on home-sharing sites such as Airbnb. The bill piggybacks on the 2010 law, which banned rentals…more

Advertising, Affordable Housing, Apartments, Governor Cuomo, Rental Property

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Texas Supreme Court Clarifies Viability of Statutory Extracontractual Claims in Absence of Coverage

On Friday, April, 7, 2017, the Texas Supreme Court issued its opinion in USAA Texas Lloyds Company v. Menchaca, describing its ruling as clarifying much of the confusion that has existed among the courts in Texas with respect to…more

Breach of Contract, Policy Limits, Property Damage, TX Supreme Court, USAA

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Colorado Supreme Court Limits Use of Extrinsic Evidence and Reasonable Expectations Doctrine

On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen, No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret ambiguous policy language, not…more

Ambiguous, Auto Insurance, Bad Faith, Breach of Contract, CO Supreme Court

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The Illinois Supreme Court Opens Door to Claims Against Government Entities for Flood Losses

Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding because they enjoy immunity from tort claims. So, for…more

Flood Insurance, Government Entities, Governmental Employees Tort Immunity Act, Insurance Industry, Subrogation

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Medical Marijuana to be Legal in Pennsylvania

The Pennsylvania House of Representatives on April 13, 2016 passed Senate Bill 3, legalizing medical marijuana in the commonwealth of Pennsylvania. The Pennsylvania Senate had approved the bill earlier in the week…more

Decriminalization of Marijuana, Department of Health, Medical Marijuana, Pending Legislation

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ESOPs’ Fables: On Winning Wars but Losing Battles

As the end of the Supreme Court term approached, decisions came down fast and furious. Last week’s big decisions, at least around our nerdish water cooler, were Halliburton and Fifth Third Bancorp v. Dudenhoeffer. (Yes, we know…more

Cell Phones, Employee Benefits, ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer

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SEC Charges 71 Issuers under its Municipalities Continuing Disclosure Cooperation Initiative

On August 24, 2016, the Securities and Exchange Commission (SEC) announced enforcement actions against 71 municipal issuers and other obligated persons (collectively, the municipal issuers) under the SEC’s Municipalities…more

Disclosure Requirements, Enforcement Actions, False Statements, MCDC, Municipal Bonds

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Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy Limits?

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy…more

Appeals, Bad Faith, Car Accident, Insurance Industry, Insurance Litigation

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New IRS Reporting Rule Could Bite Unwary Foreign Investors

There are two main sources of reporting requirements for foreign investors in the United States — the Internal Revenue Service and the Bureau of Economic Analysis. The IRS recently upped its game by requiring reports from wholly…more

Annual Reports, Bureau of Economic Analysis, Covered Entities, Employer Identification Number (EIN), Foreign Investment

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

See all updates »

New York Court Confirms: Additional Insured Coverage Limited to Contractual Privity

On September 15, 2016, the New York Supreme Court, Appellate Division, First Department found that an additional insured endorsement provided additional insured coverage only to the entity in direct contractual privity with the…more

Additional Insured Endorsements, Commercial General Liability Policies, Construction Project, Contract Terms, Multi-Party Litigation

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Washington Court of Appeals Holds No Duty to Defend: An Invitation to Initiate Cleanup Is Not A Suit

On June 2, 2014, the Washington State Court of Appeals issued a published opinion regarding what constitutes a “suit” in the context of environmental liability claims under the Model Toxics Control Act (MTCA). The court held…more

Contamination, Department of Toxic Substances Control, Duty to Defend, Toxic Exposure

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Reservation of Rights Requirements Adopted by South Carolina Supreme Court

The South Carolina Supreme Court’s recent decision in Harleysville Group Insurance v. Heritage Communities, Inc., Appellate Case Nos. 2013-001281 and 2013-001291, 2017 WL 105021 (S.C. Jan. 11, 2017) affirms what is and is not…more

Commercial General Liability Policies, Construction Industry, Insurance Industry, Property Damage, Reservation of Rights

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“Uncollectibility” Is an Affirmative Defense to Legal Malpractice Claims in Washington

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to a…more

Attorney Malpractice

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The Roller Coaster Ride of the New White Collar Regulations

The Fair Labor Standards Act (FLSA) got a lot of attention in 2016, and as we move into 2017, there is significant speculation as to what will happen next…more

DOL, FLSA, Minimum Salary, Minimum Wage, Over-Time

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Delaware Legislature Considers Legalizing Recreational Marijuana Use

House Bill No. 110 (HB 110) was recently introduced in the Delaware legislature to allow for recreational marijuana use by individuals 21 years of age or older. HB 110 would create a regulatory system for recreational marijuana…more

Controlled Substances Act, Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Related Businesses

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Expanding When Liability is “Reasonably Clear”: Massachusetts Court Chips Away at Bad Faith Counterarguments

Earlier this month, a Massachusetts Appellate Court affirmed a trial court’s award of bad faith damages in a case where it found the insurer’s approach to a claim to be “at best inattentive, if not incompetent.” Although the…more

Bad Faith, Insurance Litigation, Subcontractors

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Pennsylvania High Court Rules First Manifestation Trigger Applies to Property Damage Claims

The Pennsylvania Supreme Court in Pennsylvania Nat’l Mut. Cas. Ins. Co. v. St. John, et al., 2014 WL 7088712 (December 15, 2014), has affirmed that a first manifestation trigger applies to property damage claims under a CGL…more

Commercial General Liability Policies, Insurance Litigation, Multiple Trigger, Property Damage, Triggering Event

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FERC Proposes Specifics on Allocating Real-Time Uplift to Deviations and More Information on Uplift

At its January meeting, the FERC issued a Notice of Proposed Rulemaking (NOPR) proposing (1) specific processes for allocating real-time uplift costs from deviations to market participants and (2) providing more information…more

Electricity, Energy Market, Energy Sector, Energy Storage, FERC

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Are We Becoming More Social?

It goes without saying that there’s been much attention given to the use of social media in litigation. As litigators, we regularly monitor Facebook, LinkedIn, Instagram and other social media networks to surveille those who…more

Notifications, Service of Process, Social Media, Social Networks

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Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy Limits?

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy…more

Appeals, Bad Faith, Car Accident, Insurance Industry, Insurance Litigation

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Jurisdiction Over Out-Of-State Property In A Multi-State Divorce

In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a…more

Divorce, In Rem Jurisdiction, Marital Assets, Marriage, Personal Jurisdiction

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2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the Economic…more

Asset Seizure, Damages, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens

Summary of Holding - In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the…more

Appeals, Commercial Bankruptcy, First Impression, Liens, Shipping Cargo

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Furie and DHS Settle Dispute over Largest-Ever Jones Act Fine

Furie Operating Alaska, LLC (formerly Escopeta Oil Company, LLC) and the Department of Homeland Security (DHS) jointly filed a Stipulation of Dismissal in the U.S. District Court for the District of Alaska on March 24, 2017,…more

DHS, Jones Act, MARAD, Stipulations, Vessels

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The Harbor Might Not Be Safe: Failure To Update Generic Drug Labels Can Invite a Storm of State-Law Claims

The New Jersey Supreme Court ruled on August 22 that consumers’ state-law claims that manufacturers of a generic Reglan, a heartburn medication, did not adequately warn about its risks are not preempted by federal law…more

FDA, FDCA, Generic Drugs, Marketing, NJ Supreme Court

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FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer

On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s…more

ALJ, Data Breach, Data Security, FTC, FTC Act

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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Historic U.S.-China Agreement to Cut Greenhouse Gas Emissions

In a surprise announcement last evening from Beijing, President Obama and Chinese President Xi Jinping committed to ambitious cuts in carbon emissions over the next 15 years with the hope of preventing catastrophic global…more

Carbon Emissions, China, Climate Change, Global Warming

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Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens

Summary of Holding - In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the…more

Appeals, Commercial Bankruptcy, First Impression, Liens, Shipping Cargo

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Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - May 2017

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the…more

Airlines, Aviation Industry, Civil Monetary Penalty, Consent Order, Department of Transportation (DOT)

See all updates »

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

See all updates »

IRS Proposed Regulations Attack Valuation Discounts for Family Transfers — The Clock Is Now Ticking

The U.S. Department of the Treasury and the IRS have just issued anticipated proposed regulations that, if made final, would severely limit the ability of taxpayers to transfer interests in family limited partnerships and…more

Estate Planning, Estate Tax, Family Businesses, Family Limited Partnerships, Gift Tax

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Investigating Employee Wrongdoing

Companies in every industry—private and public—struggle with the difficult task of promptly identifying employee wrongdoing and responding appropriately. The National Football League continues to be embroiled in a controversy…more

Chief Compliance Officers, Discipline, Employer Liability Issues, Employment Policies, Ethics

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Two New Laws Give DHS Increased Cybersecurity Authority

Two recently enacted laws give the Department of Homeland Security (DHS) increased authority and ability to contain cybersecurity threats and breaches. Congress passed both the Federal Information Security Modernization Act and…more

Cyber Threats, Cybersecurity, DHS, FISMA, New Legislation

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Pennsylvania Federal Court Reiterates EMTALA’s Inapplicability to Transfers of “Admitted Patients”

On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd,…more

Healthcare, Surgery

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U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices

In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham…more

Administrative Authority, Cybersecurity, Data Breach, Fair Notice, FTC

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Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for…more

Evidence, Forensic Examination, Jury Instructions, Jury Trial, Litigation Strategies

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FAA Restores India to Category 1 Under International Aviation Safety Assessment Program

On April 8, 2015, U.S. Department of Transportation (DOT) Secretary Anthony Foxx and Federal Aviation Administration (FAA) officials announced during a meeting in New Delhi with India’s Minister of Civil Aviation Ashok Gajapathi…more

Aviation Industry, Federal Aviation Administration (FAA), India

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Newly Paved Path for Asserting Construction Defect Claims in Florida

Florida Governor Rick Scott signed HB 87 into law, codified at ch. 2015-165, which amends the notice and opportunity to cure provisions of Chapter 558, Florida’s Construction Defect Statute. These amendments will go into effect…more

Amended Legislation, Commercial General Liability Policies, Construction Defects, Construction Industry, Governor Scott

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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Update No. 2: Is This The Year Florida Recognizes Direct Primary Care?

House Bill 37 (“HB 37”), a bill intended to codify and regulate direct primary care in the State of Florida, which had sailed through the Florida House with virtually unanimous support, died in the Senate as the legislative…more

Healthcare Reform, Pending Legislation

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Why Having A “Gifted” Child In NJ May Cost You More Child Support

The benefits of enrolling children in extracurricular activities are endless. Not only do they learn how to play a sport or musical instrument, but also soft skills and valuable life lessons, such as teamwork, the importance of…more

Child Custody, Child Support, Co-Parenting, Divorce, Education Expenses

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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Could Daubert be Dying in Florida?

On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for…more

Daubert Standards, Evidence, Expert Testimony, FL Supreme Court, Florida

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SEC Disclosure Updates — Exhibit Hyperlinks, Industry Guide 3, and Inline XBRL

On March 1, 2017, the Securities and Exchange Commission (SEC) voted to adopt final rule and form amendments to require issuers to include hyperlinks to each exhibit included in SEC filings. The same day, the SEC also issued a…more

Bank Holding Company, Banking Sector, Final Rules, Financial Statements, Hyperlink

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A Supplemental Whitepaper Addressing Sandy’s Impact on Commercial and Residential Property Owners and Construction Companies

Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey, New…more

Commercial Insurance Policies, Flood Insurance, Hurricane Sandy, Property Insurance

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“Fiscal Cliff” Bill Reinstates and Extends Business and Personal Tax Credits for Energy Efficient Residential Properties

On January 1, 2013, the U.S. Congress passed last minute legislation known as the American Taxpayer Relief Act of 2012 to avoid automatic increases in income taxes for millions of Americans, as well as draconian cuts to the…more

Energy Efficiency, Energy-Efficiency Tax Credits, Fiscal Cliff, Tax Credits

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Supreme Court Opens Door to Increased Role for State Courts and State Regulators in the Energy Sector

The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the…more

Energy Sector, Federal Power Act, FERC, Jurisdiction, Natural Gas Act

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Ninth Circuit Finds Plausible Claim of Damages Avoids Dismissal of Bad Faith Lawsuit

Can an insurer be potentially liable for breach of contract or bad faith where the insured can only plead a plausible claim of damages? The Ninth Circuit has answered “yes” in a recent decision in the case of Beverly Burton v…more

Bad Faith, Data Breach, Federal Rules of Civil Procedure, Insurance Industry, Life Insurance

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Supreme Court Overturns Former VA Governor’s Conviction Based on Narrowed Federal Bribery Definition

On June 27, 2016, in an 8-0 decision, the U.S. Supreme Court reversed and remanded to the Fourth Circuit the conviction of former Virginia Governor Robert McDonnell on honest services fraud charges and charges that Governor…more

Bribery, Criminal Prosecution, Governor McDonnell, Honest Services Fraud, McDonnell v US

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Supreme Court of Texas Rules Installation of Faulty Product Not Covered by Standard CGL Policy

In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the machinery…more

Commercial General Liability Policies, Exxon Mobil, Liberty Mutual Insurance Company, Policy Exclusions, Popular

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Delaware LLC Act Amended to Confirm Fiduciary Duties Exist Absent Express Agreement to the Contrary

Effective August 1, 2013, Section 18-1104 of the Delaware Limited Liability Company Act (the Act) was amended to confirm that, absent a provision in the limited liability company agreement to the contrary, the managers and…more

Delaware Limited Liability Company Act, Fiduciary Duty, Limited Liability Company (LLC), New Legislation

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Beware of Defendants Who Attempt to Push the Boundaries of the Economic Loss Rule (Texas)

In most jurisdictions today, to recover under a strict products liability theory, the Plaintiff must prove that a defect in the subject product was a producing cause of the Plaintiff’s damages. More importantly, in order to…more

Economic Damages, Economic Loss Doctrine

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PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in the…more

Employer Liability Issues, Mesothelioma, Workers' Compensation Defense

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Three Western Courts Hold Carbon Monoxide Is a Pollutant, But Washington Makes New Anti-Insurer Rules

Washington - On April 27, 2017, the Washington Supreme Court ruled that carbon monoxide discharged from a hot water heater was a pollutant “acting as a pollutant” and within the absolute pollution exclusion of the home…more

Bad Faith, Carbon Monixide Exposure, Insurance Industry, OK Supreme Court, Policy Terms

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Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that defendants…more

Appeals, Bylaws, Condominium Trust, Condominiums, Contract Terms

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

See all updates »

Texas Supreme Court Classifies Mosquitos as Wild Animals, Discharges Liability for Mosquito Bites

The Texas Supreme Court handed property owners a major victory on an issue of increasing importance as West Nile Virus and Zika Virus spread around the country. The court held that the doctrine of ferae naturae limits a property…more

Property Owners, TX Supreme Court, Zika

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Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - May 2017

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the…more

Airlines, Aviation Industry, Civil Monetary Penalty, Consent Order, Department of Transportation (DOT)

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Lessons Emerging from Pinnacle Hip Bellwether Trials

In a staggering verdict, a Texas jury recently awarded over $1 billion against Johnson & Johnson (“J&J”) and its subsidiary DePuy Orthopaedics Inc. (“DePuy”) (collectively referred to as “Defendants”) to six California…more

BMW, CA Supreme Court, DePuy Hip Replacement, Johnson & Johnson, Jury Verdicts

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Shutting Down a Capital City: How High Will Business Interruption Claims Go?

On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by…more

Business Interruption, Chemicals, Discharge of Pollutants, Environmental Claims, Environmental Liability

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One DOL Drug Testing Rule Officially Gone – Is OSHA Next?

On May 10, the Department of Labor officially nullified a rule passed during the Obama administration that limited states’ ability to require mandatory drug testing for individuals applying for unemployment benefits. As we…more

DOL, Drug Testing, OSHA, Recordkeeping Requirements, Unemployment Benefits

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Making The Divorce Process Easier For Victims Of Spousal Abuse

Pennsylvania allows parties to a divorce action to seek both no-fault and fault divorces. While fault remains available, the overwhelming majority of divorces are granted under no-fault grounds. The statutory framework for…more

Bodily Injury, Divorce, Domestic Violence, Marriage, New Legislation

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Eleventh Circuit Reaffirms There Is No Bad Faith Unless the Settlement Offer Fully Protects the Insured

Recently, the Eleventh Circuit, applying Georgia law, reaffirmed that an insurer cannot be liable for negligently failing to settle a case unless the settlement demand provides protection to the insured against all potential…more

Auto Insurance, Bad Faith, Car Accident, Release of Liability, Settlement Offer

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Ticket to Sue – Pennsylvania’s Registration Requirement for Foreign Business Entities

Consider the following scenario: You represent a foreign corporation in a breach of contract action in Pennsylvania state court. Your client is seeking substantial damages for unpaid widgets that it shipped to the defendant…more

Breach of Contract, Doing Business, Foreign Corporations, Registration Requirement

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Supreme Court Opens Door to Increased Role for State Courts and State Regulators in the Energy Sector

The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the…more

Energy Sector, Federal Power Act, FERC, Jurisdiction, Natural Gas Act

See all updates »

A Supplemental Whitepaper Addressing Sandy’s Impact on Commercial and Residential Property Owners and Construction Companies

Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey, New…more

Commercial Insurance Policies, Flood Insurance, Hurricane Sandy, Property Insurance

See all updates »

Colorado Court Finds Legal Marijuana Insurable Under Commercial Property Policy and Orders Trial on Claim for Damaged Buds

ArcView Group, which tracks the legal marijuana markets, recently estimated that legal U.S. pot sales could reach $6.7 billion in 2016. As the legal marijuana economy has grown, insurance coverage for this emerging industry has…more

Commercial General Liability Policies, Commercial Insurance Policies, Corporate Counsel, Insurance Industry, Marijuana

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Labor and Employment Observer 2012/2013

In This Issue: - Message from the Chair - A Second Obama Administration’s Impact on Labor and Employment Issues - Will There be Comprehensive Immigration Legislation After the 2012 Presidential Election? -…more

Affordable Care Act, EEOC, FMLA, Hurricane Sandy, Immigration Reform

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When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy…more

Appeals, Auto Insurance, Bad Faith, Car Accident, Corporate Counsel

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Three Western Courts Hold Carbon Monoxide Is a Pollutant, But Washington Makes New Anti-Insurer Rules

Washington - On April 27, 2017, the Washington Supreme Court ruled that carbon monoxide discharged from a hot water heater was a pollutant “acting as a pollutant” and within the absolute pollution exclusion of the home…more

Bad Faith, Carbon Monixide Exposure, Insurance Industry, OK Supreme Court, Policy Terms

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The State AG Report Weekly Update

2018 AG Elections Update- Phil Weiser Announces Bid for Colorado Attorney General- Phil Weiser has formally registered his candidacy to become Colorado AG. Weiser, a Democrat, is the first candidate to formally enter…more

Attorney Generals, Fraud, FTC, Medicare, State and Local Government

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Georgia Supreme Court: Insured Cannot Sue for Settlement Amount of Bad Faith Absent Insurer’s “Consent to Settle”

On April 20, 2015, the Georgia Supreme Court unanimously held that when an insured fails to seek its insurer’s consent to settle a claim, the insured cannot pursue litigation against its insurer to recover settlement amounts…more

All-Party Consent, GA Supreme Court, Insurance Litigation, Settlement

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Trump Administration Turns Up the Heat on Iran

On February 3, 2017, in response to recent Iranian ballistic missile tests, the U.S. Office of Foreign Assets Control (OFAC) added 13 individuals and 12 entities to the Specially Designated Nationals and Blocked Persons (SDN)…more

Iran, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA), OFAC, SDN List

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Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions

Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on this…more

Commercial Leases, Foot Locker, Landlord and Tenant Acts, Property Surrender, Tenants

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Unclaimed Property: Court Holds Life Insurer’s Escheatment Duties Not Triggered By Insured’s Death

In an opinion filed August 5, 2014, the Florida First District Court of Appeal held that under Florida’s unclaimed property law, life insurance proceeds are not “due and payable,” and the dormancy period does not begin to run,…more

Death Benefits, Escheat, Life Insurance, Notice Requirements, Unclaimed Property

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Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a Variety…more

Affirmative Action, Background Checks, Big Data, Causation, D.R. Horton

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Expanding When Liability is “Reasonably Clear”: Massachusetts Court Chips Away at Bad Faith Counterarguments

Earlier this month, a Massachusetts Appellate Court affirmed a trial court’s award of bad faith damages in a case where it found the insurer’s approach to a claim to be “at best inattentive, if not incompetent.” Although the…more

Bad Faith, Insurance Litigation, Subcontractors

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Don’t Get Burned by a “Holt Demand” in Georgia

Georgia has a very specific law called “Holt demands” concerning time-limited demands made against a liability insurance policy. In Southern General Ins. Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992), the Georgia Supreme Court…more

Bad Faith, Calculation of Damages, GA Supreme Court, Liability Insurance, Policy Limits

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Facebook "Friends", 4th Amendment Privacy & Probable Cause

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant to a…more

Evidence, Evidence Suppression, Facebook, Facebook Friends, Fourth Amendment

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Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors

In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW 4.16.190(2),…more

Healthcare, Medical Malpractice, Minors, Statute of Limitations, Tolling

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Cozen Comics, The Flame, Vol. 1, Chapters 1-4, The Subro Recovery

We have all seen the Herculean deeds of a superhero on television or in the movies. They knock over buildings, use buses as weapons and generally cause super-sized amounts of property damage. Have you ever wondered who pays for…more

Property Damage, Subrogation

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Third Circuit Affirms Bad Faith Involuntary Bankruptcy Dismissal, Increasing Risk of Punitive Damages

Last week’s decision by the U. S. Court of Appeals for the Third Circuit in In re: Forever Green Athletic Fields, Inc., No. 14-3906 (3d Cir. Oct. 16, 2015) held that an involuntary bankruptcy petition filed under 11 U.S.C. § 303…more

Bad Faith, Bankruptcy Code, Chapter 11, Chapter 7, Compensatory Damages

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Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems

On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for…more

Acquisitions, Fair Market Value, Governor Wolf, Municipalities, Public Utility

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Seventh Circuit Holds Pre-Bankruptcy Termination of Lease May Be Avoidable Transfer

Landlords dealing with troubled tenants often enter into termination agreements that dictate terms for the consensual terminations of unexpired leases. Among other benefits, such termination agreements provide certainty and…more

Commercial Bankruptcy, Commercial Leases, Corporate Counsel, Fraudulent Transfers, Lease Termination

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Washington: Third-Party Administrators and Adjusters Can Be Liable in Bad Faith Actions

On April 11, 2017, the Division III Washington Court of Appeals, on a 2 to 1 vote, held that third party administrators and adjusters can be liable in bad faith actions under multiple legal theories. Merriman v. Am. Guar. &…more

Appeals, Bad Faith, Claims Adjusters, Class Certification, Homeowner's Insurance

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Israeli Tax Authority Extends Deadline to Register Family Trusts and Elect Tax Regime

On June 29, 2015, the Israeli Tax Authority extended the deadline for registration of Family Trusts (sometimes referred to as Relatives Trusts), which are trusts created by a non-Israeli grantor for the benefit of one or more…more

Double Taxation, Family Trusts, Filing Deadlines, Income Taxes, Israel

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Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the…more

Compliance, Shipping, Vessels

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Does Arbitration Belong in the Nursing Home World?

As part of admission into a nursing home, a facility typically requires prospective residents to agree to binding arbitration. Arbitrating disputes generally allows nursing facilities to handle disputes without incurring the…more

Arbitration Agreements, Binding Arbitration, CMS, Nursing Homes, Unconscionable Contracts

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NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC…more

CIP, Cyber Attacks, Electricity, Energy Sector, NERC

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Has the DEA Overstepped by Codifying Marijuana Extracts, Including CBD, as Schedule 1 Substances?

At the end of 2016, the Drug Enforcement Agency (DEA) issued a new ruling, codified at 21 C.F.R. § 1308.11(d)(58), establishing all marijuana extracts, not just THC, as illegal under federal law. This has led to a controversy…more

DEA, Enforcement, Illegal Drugs, Marijuana

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Cybersecurity…At Least There Is One Thing Congress Can Agree On

While most political observers were focused last week on the debates surrounding passage of the so-called “Cromnibus” spending bill, less noted was the fact that the U.S. Congress managed to pass a number of cyber-security bills…more

Cybersecurity, Data Protection, DHS, National Security

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IRS Releases New Issue Price Rules

On December 9, 2016, the Internal Revenue Service (the IRS) released new regulations under Section 148 of the Internal Revenue Code of 1986, as amended, (referred to herein as the code) regarding the determination of the issue…more

Bonds, Initial Public Offerings, Internal Revenue Code (IRC), IRS, Issue Price

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New State Construction Notices Directory: A Valuable Tool for Owners

Effective December 31, 2016, Pennsylvania’s Mechanics’ Lien Law of 1963 (lien law) was amended to allow for an online State Construction Notices Directory (directory) to provide notice to parties involved in projects costing a…more

Construction Contracts, Construction Industry, General Contractors, Liens, Mechanics Lien

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A Good Faith Review of 2013

With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s law…more

Attorney-Client Privilege, Bad Faith, Confidential Information, D.R. Horton, Duty to Defend

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FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation

On Thursday, October 20, 2016, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly released Antitrust Guidance for Human Resources Professionals (guidance) to explain how…more

Compensation, DOJ, Enforcement, FTC, Hiring & Firing

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Insurer’s Denial of Mitigation Claim for Extra Costs to Prevent Cancellation of Contract Upheld

Many property insurance policies that provide coverage for business interruption losses also include “extra expense” coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal business…more

Business Income, Business Interruption, Commercial Insurance Policies, Insurance Industry, Insurance Litigation

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Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the…more

Compliance, Shipping, Vessels

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Prohibition Against Listing Apartments or Units on Home-Sharing Sites

On Friday, October 21, 2016, Governor Cuomo signed a bill banning the illegal advertising of apartment or units in Class A buildings on home-sharing sites such as Airbnb. The bill piggybacks on the 2010 law, which banned rentals…more

Advertising, Affordable Housing, Apartments, Governor Cuomo, Rental Property

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Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims

It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor…more

Assignments, Contribution Claims, Homeowner's Insurance, Liability Insurance, Licensees

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New York State Legislation Alert: April 2014

New York’s recently passed legislation, effective April 1, 2014, significantly changes its estate tax regime and income tax regime for certain trusts. This Alert discusses the implications of this legislation…more

Estate Tax, Income Taxes, State Budgets, State Taxes, Trusts

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Recent Notable Recalls

By now most subrogation professionals understand the importance of keeping current with the frequent Consumer Product Safety Commission recall notices. For this blog post we note the following recent notable recalls for the…more

Consumer Product Safety Commission (CPSC), Product Recalls, Subrogation

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FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation

On Thursday, October 20, 2016, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly released Antitrust Guidance for Human Resources Professionals (guidance) to explain how…more

Compensation, DOJ, Enforcement, FTC, Hiring & Firing

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PA DOH Releases Proposed Temporary Medical Marijuana Regulations for Doctors

On April 11, 2017, the Department of Health (DOH) released the much anticipated proposed temporary regulations for physicians that among other items, set forth requirements regarding: the physician registry, the completion by…more

Department of Health, Health Care Providers, Marijuana, Medical Marijuana, Physicians

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Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before…more

Breach of Contract, Claims Made Policy, D&O Insurance, Denial of Insurance Coverage, Late Notices

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SEC, FINRA and the MSRB Announce Compliance Outreach Program for Municipal Advisors

The Securities and Exchange Commission (the SEC), the Financial Industry Regulatory Authority (FINRA), and the Municipal Securities Rulemaking Board (the MSRB) announced today the opening of registration for the first Compliance…more

Compliance, FINRA, MSRB, Municipal Advisers, SEC

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A Supplemental Whitepaper Addressing Sandy’s Impact on Commercial and Residential Property Owners and Construction Companies

Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey, New…more

Commercial Insurance Policies, Flood Insurance, Hurricane Sandy, Property Insurance

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San Francisco Ordinance Requires Six Weeks of Fully Paid Parental Leave

San Francisco just became the first city in the United States to require employers to provide workers with up to six weeks of fully paid parental leave for the birth or adoption of a child. This benefit applies to mothers and…more

Local Ordinance, Paid Family Leave Law, Parental Leave, Wage and Hour

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Ninth Circuit: Excess Insurers Must Tread Carefully When Rejecting Demands Exceeding Primary Limits

Under California law, a liability insurer has a good faith duty to reasonably settle claims within its policy limits. In Diamond Heights Homeowners Association v. National American Insurance Co., the California Court of Appeal…more

Disparagement, Insurance Industry, Liability Insurance, Patent Infringement

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EMV Credit Cards Are Coming, But Consumers Must Stay Vigilant

Major credit card companies, including Visa, MasterCard, Discover, and American Express, have announced plans to switch to EMV cards in the United States over the course of 2015…more

Banks, Credit Cards, Cybersecurity, EMV, Fraud

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How Convenient: Vessel Registration and Mortgages in the Republics of the Marshall Islands and Liberia

Two registries of significant interest to shipowners are the registries of the Republics of the Marshall Islands and Liberia. Significantly, insofar as it does not conflict with the statutory laws, each country has adopted the…more

Federal Admiralty Law, Maritime Transport, Vessels

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How the United Kingdom’s Vote to Leave the European Union Affects Your EU Trademarks and Patents

The United Kingdom (UK) voted to leave the European Union (EU). The vote to leave the EU will not affect the UK’s relationship with the European Patent Office (EPO). The EPO is governed by the European Patent Convention…more

Community Designs, EU, European Patent Convention, European Patent Office, Intellectual Property Protection

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NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Healthcare, Hiring & Firing, Hospitals

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No Harm, No Foul in Apple E-Book Notice Screw Up

In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple’s attorneys a little concerned. Over three million potential members of the class received…more

Antitrust Litigation, Apple, Class Action, e-Books, Notice Requirements

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Supreme Court Willing to Reconsider Deference to Administrative Agencies

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to…more

Clean Water Act, EPA, Logging, Permits, SCOTUS

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Pennsylvania High Court Rules First Manifestation Trigger Applies to Property Damage Claims

The Pennsylvania Supreme Court in Pennsylvania Nat’l Mut. Cas. Ins. Co. v. St. John, et al., 2014 WL 7088712 (December 15, 2014), has affirmed that a first manifestation trigger applies to property damage claims under a CGL…more

Commercial General Liability Policies, Insurance Litigation, Multiple Trigger, Property Damage, Triggering Event

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Plaintiffs in Horizon Breach Win Key Article III Ruling at 3rd Circuit

Recently, the Third Circuit Court of Appeals overturned a United States District Court for the District of New Jersey dismissal of a class action filed in the aftermath of a data breach at Horizon Healthcare Services Inc.,…more

Article III, Corporate Counsel, Data Breach, FCRA, Personally Identifiable Information

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Seventh Circuit Says No Asylum for Bisexual Man; Posner Dissents

Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he could…more

Appeals, Asylum, Board of Immigration Appeals, Conditional Permanent Residence, Criminal Prosecution

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Are Attorneys’ Bills Privileged Once Litigation Ends – California Supreme Court Says No in ACLU Litigation?

The California Supreme Court recently held, in Los Angeles Board of Supervisors v. Superior Court (2016) that attorneys’ invoices may not be protected by the attorney-client privilege after litigation ends. The issue arose out…more

ACLU, Attorney-Client Privilege, Costco, Legal Fees, Privileged Documents

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Prohibiting Discovery of Attorney-Expert Communications

Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a bright-line…more

Appeals, Attorney-Client Privilege, Corporate Counsel, Discovery, Expert Witness

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Enforcing Confidential Mediation Settlements

It’s the morning of your big mediation and you are fully prepared to resolve your case without sacrificing key positions. You and your attorney have set your expectations as to what will happen, who will speak, what the mediator…more

Confidential Information, Enforcement, Mediation, Settlement

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Health Care Reform Implementation Update

The 113th Congress concluded its final legislative work with a $1.1 trillion spending bill, a tax extenders package, and a flurry of nomination confirmations including a new surgeon general. Additionally, the Affordable Care Act…more

Affordable Care Act, CMS, Healthcare, Healthcare Reform, HHS

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Rescission: An Underutilized Tool

The rescission of an insurance policy is one of the most underutilized tools in handling insurance claims. If used properly, it unwinds the insurance transaction and the parties are restored to their position prior to the…more

Bad Faith, Insurance Industry, Material Misrepresentation, Misrepresentation, Rescission

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Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers. The…more

Allstate, Insurance Industry, Public Policy, Residential Leases, State Farm

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The Third Parties (Rights against Insurers) Act 2010 and Its Impact on Subrogated Claims

It has been some time coming, but on August 1, 2016, the operative provisions of the Third Parties (Rights against Insurers) Act 2010 (the Act) will come into force. The Act will significantly improve the subrogation prospects…more

Insolvency, Insurance Industry, Insurance Litigation, Ireland, Policies and Procedures

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Cyber Attacks Reach Subrogation

It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears,…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Security

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Get the Insured to Sign a Subrogation Receipt

In Quebec civil law, the claim must be brought under the insurer’s name, and not under the insured’s name as in Ontario. Once the payment is made, the insurer is subrogated in the insured’s rights, and the right to bring a claim…more

Canada, Insurance Industry, Insureds, Subrogation

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The State AG Report Weekly Update

2018 AG Elections Update- Phil Weiser Announces Bid for Colorado Attorney General- Phil Weiser has formally registered his candidacy to become Colorado AG. Weiser, a Democrat, is the first candidate to formally enter…more

Attorney Generals, Fraud, FTC, Medicare, State and Local Government

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Pre-Emption of State-Law Design-Defect Claim Against Generic Drug Company

On June 24, 2013, in a 5-4 decision, the U.S. Supreme Court in Mutual Pharmaceutical Co., Inc. v. Bartlett held that state-law design-defect claims based on the inadequacy of a generic drug’s labeled warnings are pre-empted by…more

Design Defects, FDA, Generic Drugs, Mutual Pharmaceuticals v Bartlett, Preemption

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Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social…more

Class Action, Data Breach, Dismissals, Duty of Care, Economic Damages

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California Enacts New Data Privacy Legislation

California is once again initiating significant changes to protect informational privacy in the digital world. Governor Jerry Brown recently signed several pieces of legislation in an attempt to protect individuals against…more

Data Collection, Internet Privacy, New Legislation, Personally Identifiable Information, Privacy Laws

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