Cozen O'Connor

1900 Market Street
Philadelphia, PA 19103, United States

  • (215) 665-2000
  • (215) 665-2013

Supreme Court Rejects Presumption of Prudence for ESOP Fiduciaries

On June 25, 2014, the Supreme Court of the United States, in Fifth Third Bancorp v. Dudenhoffer, declared that no “presumption of prudence” applied to fiduciaries of “employee stock ownership plans” (ESOPs)…more

Corporate Counsel, Duty of Prudence, ERISA, ESOP, Fiduciary Duty

See All Updates »

California Court Holds An Adjuster May Be Personally Liable For Misrepresentations Made To The Insured

Earlier this month, an intermediate level California court rejected arguments that an insurance company’s adjuster owes no independent duty to the policyholders and cannot be liable even for “appalling” misconduct if he is…more

Claims Adjusters, Misrepresentation, Willful Misconduct

See All Updates »

Professional Services Exclusion Does Not Preclude Coverage for Deceptive Advertising Claim

Recently, in Rob Levine & Associates Ltd. v. Travelers Casualty and Surety Co., No. 13-560-M, 2014 U.S. Dist. LEXIS 15807 (D.R.I. Feb. 3, 2014), the U.S. District Court for the District of Rhode Island held that a legal services…more

D&O Insurance, False Advertising, Professional Liability

See All Updates »

Health Care Reform Implementation Update

Over the past several days, the second open enrollment period through the Affordable Care Act’s (ACA’s) health insurance exchanges began; Republican lawmakers, now with majorities in both the House and the Senate, explored…more

Affordable Care Act, CMS, Dialysis Providers, Employer Mandates, Health Insurance Exchanges

See All Updates »

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

See All Updates »

Texas Supreme Court Clarifies Scope and Application of the “Anti-Technicality” Statute

In Greene v. Farmers Insurance Exchange, the Texas Supreme Court clarified the scope and application of § 862.054 of the Texas Insurance Code, the “anti-technicality” statute, holding that the clause would only operate in…more

Breach of Contract, Insureds, Insurers, Materiality, Public Policy

See All Updates »

Oregon Supreme Court Declines to Apply $500,000 Cap on Non-Economic Damages to Birth Injuries Claim

In Klutschkowski v. Peacehealth, et al., No. 160615518 (Ore., Sept. 26, 2013), the Oregon State Supreme Court unanimously held that an Oregon statute capping non-economic damages at $500,000 was unconstitutional as applied to a…more

Birth Injuries, Damage Caps, Damages, Medical Liability, Medical Malpractice

See All Updates »

An Update on FAA Regulatory Revisions, DOT and FAA Enforcement Actions, and Other Aviation-Related Regulatory Matters

This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and state…more

Air Canada, Aircraft, Airlines, Airports, Aviation Industry

See All Updates »

New Executive Order Seeks to Improve Security of Consumer Financial Transactions

The Obama Administration is taking new steps aimed at improving the security of consumer financial transactions. Specifically recognizing that identity crimes, including credit card fraud, are a risk to U.S. economic activity,…more

Credit Cards, Executive Orders, Fraud, Identity Theft, Personally Identifiable Information

See All Updates »

Department of Labor Targeting Oil and Gas Contractors

On December 9, 2014, the U.S. Department of Labor (“DOL”) announced that it had achieved $4.5 million dollars in settlements from private employers as a result of a two year investigation into contractors working in the…more

DOL, Employer Liability Issues, Enforcement Actions, Marcellus Shale, Oil & Gas

See All Updates »

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)

See All Updates »

Supreme Court Issues Landmark Clean Air Act Ruling, Revives Cross-State Air Pollution Rule

On April 29, 2014, in a very significant 6-2 decision, the U.S. Supreme Court affirmed EPA’s Cross-State Air Pollution Rule (CSAPR or the Rule), overturning a 2012 D.C. Circuit Court of Appeals decision invalidating the Rule…more

Air Pollution, Clean Air Act, Cross-State Air Pollution, EPA, EPA v EME Homer City

See All Updates »

Our Dysfunctional Congress Skedaddles, Leaving TRIA to Die

Last Friday we reported that the House of Representatives had finally passed a bill reauthorizing the Terrorism Risk Insurance Act (TRIA) and sent it to the Senate. The post included a picture of a cartoon bomb with a lit fuse…more

Appropriations Bill, Legislative Agendas, Terrorism Insurance, TRIA

See All Updates »

The Washington Supreme Court Holds That in First-Party Bad Faith Litigation There Is a Presumption of No Attorney-Client Privilege

When an insured sues an insurer for bad faith, how much of the claims file maintained by the insurer is discoverable? In a 5-4 decision, the Washington Supreme Court recently weakened insurers’ ability to protect confidential…more

Attorney-Client Privilege, Bad Faith, Civil Fraud Exception, Discovery, Fiduciary Duty

See All Updates »

“LoProCo”, 12,915 Complaints, and Other Lessons from OCR/NIST

12,915 complaints were reported in 2013 to the Department of Health and Human Services Office of Civil Rights (“OCR”) according to Illiana L. Peters, Senior Adviser for HIPAA Compliance and Enforcement. Cozen O’Connor attended…more

Cybersecurity, Data Protection, EHR, HIPAA, NIST

See All Updates »

Two Basics: Don’t Accept Candy From Strangers and Avoid Falling Into the “Document Dump[s]”

A recent order issued by M.J. Paul Grewal in Venture Corp. Ltd., et al. v. Barrett, No. 5:13-cv-03384, 2014 WL 5305575 (N.D. Cal. October 16, 2014) provides a useful reminder for all litigators: “Rule 34 (Producing Documents,…more

Discovery, Document Productions, Electronically Stored Information, Tangible Property

See All Updates »

Use-It-or-Lose-It Rule Modified for Health Care FSAs

The IRS has issued IRS Notice 2013-71, allowing limited carry-over of amounts in employees’ flex plan accounts to the following plan year. Under the guidance employers may permit participants to carry over up to $500 of unused…more

Carryover Basis, Flexible Spending Accounts, Healthcare, IRS

See All Updates »

Making The Holidays Happy For Kids During A Divorce

In a recent post on Avvo’s Naked Law Blog, I discussed the effect of divorce on children and offered some tips on how to deal with custody in light of a separation and/or divorce. Issues regarding custody become magnified…more

Child Visitation, Divorce, Holidays

See All Updates »

Mixed-Use Housing Is Exempt

A panel of a Commonwealth Court concluded that a mixed-use housing project owned by municipality was exempt from real estate tax. Reading Housing Authority v. Board of Assessment Appeals of Berks County, No. 1937 C.D. 2013 (Pa…more

Affordable Housing, Mixed-Use Zoning, Municipalities, Tax Exempt

See All Updates »

New York Court Erodes Privilege for Attorney-Insurer Communications

On July 31, 2014, the New York Supreme Court, Appellate Division, First Department chipped away at the privilege protections available to insurers. In National Union Fire Ins. Co. of Pittsburgh, Pennsylvania v. TransCanada…more

Attorney-Client Privilege, Insurers, Qualified Privilege

See All Updates »

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities. With…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Information Governance

See All Updates »

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

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

See All Updates »

New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government

Continuing to use executive authority to act in the absence of Congressional action, President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and…more

Discrimination, Executive Orders, Federal Contractors, Gender Identity, LGBT

See All Updates »

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

See All Updates »

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, Fifth Amendment, Officers, SEC, Securities Fraud

See All Updates »

With a New Year Rolls in a New OIG Work Plan

Recently, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) released its Work Plan for Fiscal Year 2015 (“Work Plan”). The OIG protects the integrity of HHS programs by identifying fraud…more

Affordable Care Act, Health Care Providers, Health Insurance, HHS, HIPAA

See All Updates »

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a Joint and Several Obligation

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from…more

Attorney's Fees, Bad Faith, Breach of Contract, Construction Defects, Declaratory Relief

See All Updates »

Severance Payments Remain Taxable Wages for Purposes of FICA

In an eight to zero decision (with Justice Kagan recused), the U.S. Supreme Court held on March 25 in United States v. Quality Stores, Inc. that severance payments made to involuntarily terminated employees are “wages” under the…more

FICA Taxes, Severance Pay

See All Updates »

2014 Year-End Tax Update

I. A LOOK BACK AT 2014 TAX MATTERS: A. Some Random Observations - ..1. This year’s update is brought to you by the letter “I,” as in “inversions.” ..2. Tired of waiting for Congress to address what they view…more

Corporate Taxes, Income Taxes, Inversion

See All Updates »

Here We Go Again: Primary Jurisdiction and Deference to FDA

We have been here before: in an attempt to capitalize on the ambiguities and uncertainties in product labeling, the plaintiffs’ bar focuses on phrases and ingredients for which there is little FDA guidance. Last year, the…more

Evaporated Cane Juice, FDA, Food Labeling, Food Safety, GMO

See All Updates »

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, Reserve Information

See All Updates »

Ninth Circuit Water Loss Case Provides Guidance on Bad Faith Standard for “Genuine Dispute”

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the 9th Circuit, relying on California law, upheld a grant of summary judgment dismissing the…more

Bad Faith, Covenant of Good Faith and Fair Dealing, Daubert Hearing, Daubert Standards, Expert Witness

See All Updates »

Fifth Circuit Reaffirms the Importance of a Reasonable Claim Investigation Prior to Denial

In Santacruz v. Allstate Texas Lloyds, Inc., 2014 WL 5870429 (Nov. 13, 2014), the 5th Circuit allowed a policyholder to pursue a claim for common law and statutory bad faith even though the policyholder repaired the alleged…more

Bad Faith, Homeowner's Insurance, Insurance Investigations, Property Damage, Property Insurance

See All Updates »

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

See All Updates »

Florida Appellate Court: “Coverage Liability” Can Be Basis for Bad Faith in Suit Involving First Party Appraisal

On Wednesday, Florida’s Fourth District Court of Appeal issued an opinion concerning the prerequisites for bringing bad faith claims in Florida. In an en banc ruling, the Court held in Cammarata v. State Farm Florida Ins. Co.,…more

Appeals, Appraisal, Bad Faith, Breach of Contract, En Banc Review

See All Updates »

Court Holds that Privacy Violations Allegations Are Not Covered

A federal court in Washington recently issued an unpublished decision affirming that a common policy exclusion protects insurers from having to provide coverage in certain cases of alleged privacy violations. The same court…more

Commercial General Liability Policies, Corporate Counsel, Insurers, Personally Identifiable Information, Policy Exclusions

See All Updates »

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

See All Updates »

Use-It-or-Lose-It Rule Modified for Health Care FSAs

The IRS has issued IRS Notice 2013-71, allowing limited carry-over of amounts in employees’ flex plan accounts to the following plan year. Under the guidance employers may permit participants to carry over up to $500 of unused…more

Carryover Basis, Flexible Spending Accounts, Healthcare, IRS

See All Updates »

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

See All Updates »

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to timely…more

Bad Faith, Burden of Proof, Evidence, Insurers, Outrageous Conduct

See All Updates »

“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

See All Updates »

Pennsylvania Federal Court Precludes Testimony of Proposed Bad Faith Expert for the Second Time

In the recent decision of Schifino v. GEICO General Ins. Co. et al., 2013 WL 2404115 (W.D.Pa. 2013), and for the second time in less than a year, the district court for the Western District of Pennsylvania precluded a plaintiff…more

Bad Faith, Expert Testimony, Expert Witness, GEICO, Investigations

See All Updates »

State GMO Labeling Laws: Friend or Foe?

Despite Vermont’s passage of its GMO labeling law and other states’ consideration of similar statutes, food manufacturers continue to support uniform federal legislation over the hodgepodge state-by-state approach that is…more

FDA, Food Labeling, Food Safety, GMO, Popular

See All Updates »

Florida, Georgia And Texas Appraisal Update: Is Causation A Coverage Question For The Court Or A Damages Question For The Panel?

In most jurisdictions, underlying coverage issues must be resolved prior to invoking appraisal in a first-party property claim. The question of what constitutes a coverage issue (typically reserved for a court’s judicial…more

Appraisal, Causation, Damages, Homeowner's Insurance, Insurance Companies

See All Updates »

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection…more

Consumer Protection Act, Cybersquatting, Damages, Domain Names, Facebook

See All Updates »

Can Grandma and Grandpa Get Custody In Pennsylvania?

We constantly receive calls from grandparents inquiring about their custody rights. In some instances, the grandparent has been the child’s primary caretaker from birth…more

Child Custody

See All Updates »

Claims of Branding, Acquisition and Control Satisfy Single-Employer Test

The Worker Adjustment and Retraining Notification Act (WARN Act) was enacted in 1988 to allow workers to adjust to the prospective loss of employment from a plant closing or mass layoff. It requires employers to give affected…more

Brand, Employee Rights, Notice Requirements, Right to Control, Termination

See All Updates »

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

See All Updates »

OIG’s New Work Plan Focuses on the Security of Health Information

On October 31, 2014, The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Work Plan for fiscal year (FY) 2015. The Work Plan summarizes “new and ongoing reviews of activities…more

HHS, HIPAA, OIG, Patient Privacy Rights, PHI

See All Updates »

Paid Sick Leave Now Mandatory in California: What Employers Need to Know Now!

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. The Act applies to public and most private employers and mandates paid sick leave to workers starting…more

Employee Rights, Employer Liability Issues, New Legislation, Paid Leave, Sick Leave

See All Updates »

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

See All Updates »

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

See All Updates »

U.S. Congress Fails to Renew TRIA – for Now

The U.S. Senate wrapped up the 113th Congress and left Washington without holding a vote to renew the Terrorism Risk Insurance Act (TRIA). In the closing weeks of the session, Senator Chuck Schumer (D-N.Y.) had negotiated an…more

Terrorism Insurance, TRIA

See All Updates »

OFCCP Announces Proposed Rule on Pay Transparency

The Office of Federal Contract Compliance Programs (OFCCP) has announced a proposed rule on pay transparency, to be published in the September 17, 2014 Federal Register…more

Employer Liability Issues, Executive Orders, Federal Contractors, OFCCP, Proposed Regulation

See All Updates »

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

See All Updates »

Disclaimer Requirement of N.Y. Insurance Law § 3420(d)(2) Held Not to Apply to Property Damage Claims

The New York Court of Appeals recently confirmed that the heightened timeliness of disclaimer requirement in New York Insurance Law § 3420(d)(2) does not apply to claims arising from property damage, in KeySpan Gas East Corp. v…more

Disclaimers, Duty to Defend, Insurers, Property Damage

See All Updates »

Special (Limited) CMS Offer to Settle Claims on Appeal

With little fanfare just before the Labor Day weekend, CMS announced a program in which it would enter into administrative agreements with eligible providers in exchange for the providers’ withdrawal of pending appeals…more

Appeals, CMS, Healthcare, Hospitals, RACs

See All Updates »

Florida No-Fault Examination Under Oath Requirement – One of These Policies Is Not Like the Other

Due to changes effective January 1, 2013, the Florida Motor Vehicle No-Fault Law now codified the insured’s obligation to submit to an examination under oath (EUO). The newly amended statutory language explicitly states..…more

Auto Insurance, Car Accident, Examinations Under Oath, Insureds, Motor Vehicles

See All Updates »

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

See All Updates »

U.S. Announces Major Policy Shift on Cuba

On December 17, 2014, President Obama announced the beginning of major reforms regarding the relationship between the United States and Cuba. In a statement made from the White House, President Obama announced that the country…more

Barack Obama, Cuba, Export Controls, Foreign Relations, Sanctions

See All Updates »

President Obama Announces Immigration Bills: Real Reform or Band-Aid Fixes?

On November 20, 2014 President Obama announced a series of executive actions to reform the “broken” immigration system after Congress failed to pass a comprehensive immigration reform bill this year. These initiatives have not…more

Barack Obama, DACA, DAPA, Deportation, DHS

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 »

“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

See All Updates »

“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

See All Updates »

Congressional Questions on LNG Exports Could Impact the Jones Act

Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves…more

Exports, Jones Act, Liquid Natural Gas, Maritime Transport, Natural Gas

See All Updates »

Revisiting the New York Convention as Burundi Becomes its 150th Signatory

In recognition of the ever-increasing importance of international arbitration as a method of resolving international commercial disputes, Burundi recently became the 150th country to adopt the New York Convention on the…more

Arbitration, Arbitration Agreements, Arbitration Awards, Foreign Arbitration Clauses, International Arbitration

See All Updates »

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, LLC, New Legislation

See All Updates »

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

See All Updates »

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

See All Updates »

PlayStation Problems: No Defense in Sony’s Cyberattack Suits

On February 21, 2014, a New York state trial court judge ruled that Zurich American Insurance Company has no duty to defend the Sony Corporation in lawsuits relating to a 2011 cyberattack on its PlayStation network. This…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Sony

See All Updates »

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

See All Updates »

An Update on FAA Regulatory Revisions, DOT and FAA Enforcement Actions, and Other Aviation-Related Regulatory Matters

This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and state…more

Air Canada, Aircraft, Airlines, Airports, Aviation Industry

See All Updates »

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

See All Updates »

Data Breach Liability Exclusion – It’s Not Your Father’s CGL

No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach, Liability Insurance

See All Updates »

Fifth Circuit Reaffirms the Importance of a Reasonable Claim Investigation Prior to Denial

In Santacruz v. Allstate Texas Lloyds, Inc., 2014 WL 5870429 (Nov. 13, 2014), the 5th Circuit allowed a policyholder to pursue a claim for common law and statutory bad faith even though the policyholder repaired the alleged…more

Bad Faith, Homeowner's Insurance, Insurance Investigations, Property Damage, Property Insurance

See All Updates »

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client’s intentions…more

Attorney-Client Privilege, Contract Disputes, Crime-Fraud Exception, Facebook, Fraud

See All Updates »

New Jersey Becomes Latest State to “Ban the Box”

On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey’s version of “ban the box.” When the law takes effect on March 1, 2015, companies who employ 15 or more employees will be…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

See All Updates »

Financeable Ground Leases – They’re Not Just for Development Sites Anymore

In years past, ground leases were used primarily as vehicles for the development or redevelopment of “stand alone” real estate. The fee owner – typically an investment group that purchased an income property years ago and now…more

Land Developers, Leases, Lenders, Mortgages, Real Estate Development

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 »

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

See All Updates »

Washington Appellate Court Holds That Below-Limits Settlement Fails to Trigger Excess Policies

On November 12, 2013, in Quellos Group LLC v. Federal Insurance Company, the Washington Court of Appeals affirmed summary judgment in favor of two excess professional liability insurers because the excess policies “require[d]…more

Excess Policies, Policy Limits, Settlement

See All Updates »

NE Supreme Court Issues Insurer-Friendly Decision on the Applicability of the Pollution Exclusion

In interpreting the scope of the pollution exclusion, one question seems to appear in case after case — what exactly does the pollution exclusion exclude? In State Farm Fire & Casualty Company v. Dantzler, 289 Neb. 1 (2014), the…more

Contamination, Pollution Exclusion, Property Damage, Property Insurance

See All Updates »

U.S. Announces Major Policy Shift on Cuba

On December 17, 2014, President Obama announced the beginning of major reforms regarding the relationship between the United States and Cuba. In a statement made from the White House, President Obama announced that the country…more

Barack Obama, Cuba, Export Controls, Foreign Relations, Sanctions

See All Updates »

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

See All Updates »

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

See All Updates »

The FCC Asserts its Role as Regulator of Data Security

The FCC recently signaled its intention to move aggressively into the realm of data security regulation. On October 24, 2014, the agency released a Notice of Apparent Liability for Forfeiture (NAL), ordering two…more

Corporate Counsel, Data Breach, Data Protection, FCC, Forfeiture

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Claims of Branding, Acquisition and Control Satisfy Single-Employer Test

The Worker Adjustment and Retraining Notification Act (WARN Act) was enacted in 1988 to allow workers to adjust to the prospective loss of employment from a plant closing or mass layoff. It requires employers to give affected…more

Brand, Employee Rights, Notice Requirements, Right to Control, Termination

See All Updates »

S.D.N.Y. Disqualifies Securities Class Action Plaintiffs’ Expert and Denies Class Certification

Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and…more

Class Action, Class Certification, Daubert Standards, Disqualification, Expert Witness

See All Updates »

Utilities Sector To Be a Focus of Executive Order Directing Development of Critical Infrastructure Cybersecurity Framework

Little more than a week after reports of cyber attacks targeted at the Department of Energy, The New York Times and The Wall Street Journal, President Obama declared in his State of the Union address that these forms of attacks…more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Cybersecurity Framework, DHS

See All Updates »

Supreme Court Rejects Class Plaintiff’s Attempt To Avoid Federal Court By Stipulation Damages Will Be Less Than $5,000,000

In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by “stipulating” he will not seek damages in excess of…more

Amount in Controversy, CAFA, Class Action, Class Certification, Damages

See All Updates »

Court Escalates a $4 million Covenant Judgment to a $20 million Bad Faith Judgment

Last week, the Washington Court of Appeals held that “in an insurance bad faith case, the amount of a reasonable covenant judgment sets a floor, not a ceiling, on the damages the jury may award.” Miller v. Safeco Ins. Co., No…more

Appeals, Auto Insurance, Bad Faith, Car Accident, Covenant Judgments

See All Updates »

Supreme Court: Reverse Payment Settlements Subject to Antitrust Scrutiny

On June 17, 2013, the U.S. Supreme Court handed down a decision that addressed a “reverse payment” settlement agreement between a brand-name pharmaceutical company (plaintiff patent holder) and multiple generic drug companies…more

ANDA, Antitrust Litigation, FTC, FTC v Actavis, Generic Drugs

See All Updates »

Benefit Corporations – A New Type Of Corporation – Are Now Authorized In Pennsylvania

On January 23, 2013, the Pennsylvania Benefit Corporation Act (the Act) became effective. The Act authorizes a new type of for-profit business corporation known as a benefit corporation. Pennsylvania is now one of 12 states that…more

Benefit Corporations, Directors, Investors, Officers, Shareholders

See All Updates »

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

See All Updates »

Highlights of the Omnibus HIPAA/HITECH Final Rule

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus Rule)…more

Affirmative Defenses, Business Associates, Compliance, Data Breach, Enforcement

See All Updates »

New Jersey Creates Energy Resilience Bank to Develop and Harden Energy Assets of Critical Facilities

One of the most important and sobering lessons learned in the wake of Superstorm Sandy was how susceptible New Jersey’s critical facilities, such as water and wastewater treatment centers, transportation centers, emergency…more

Critical Infrastructure Sectors, Electricity, Emergency Generators, Emergency Management Plans, Energy

See All Updates »

Collectibility in Legal Malpractice Suits – A Required Element in Proving Damages: Schmidt v. Coogan

In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to prove…more

Attorney Malpractice, Damages

See All Updates »

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

See All Updates »

Benchmarking Begins for Owners of Large Commercial Buildings in Philadelphia

Last year, we notified you that the city of Philadelphia adopted new energy benchmarking requirements to track and assess energy and water consumption for large commercial buildings. The time has come for owners to comply with…more

Benchmarks, Commercial Leases, Commercial Property Owners, Energy Efficiency, Environmental Policies

See All Updates »

IRS Releases Guidance on Private Business Use, and ACOs and Management Contracts

On October 25, 2014, the Internal Revenue Service (the IRS) released Notice 2014-67 that provides interim guidance on (i) participation in the Medicare Shared Savings Program through an accountable care organization (ACO) and…more

ACOs, CMS, Healthcare, IRS, Medicare

See All Updates »

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

American Guarantee & Liability Ins. Co., Attorney-Client Privilege, Bad Faith, Confidential Information, D.R. Horton

See All Updates »

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

See All Updates »

The Start of a Promising New Relationship Between the U.S. and India

Narendra Modi, the newly elected prime minister of India and leader of more than 1 billion people, made his maiden visit to the White House at President Obama’s invitation en route to the U.N. General Assembly. Last May, Modi…more

Foreign Policy, India, Trade Policy, WTO

See All Updates »

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

See All Updates »

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

CPSC, Product Recalls, Subrogation

See All Updates »

CMS Releases Final Rule That Increases Difficulty of Medicare Enrollment

In early December, CMS released a final rule that implements certain provider (i.e., Hospitals, SNFs, physicians, etc.) and supplier (i.e., DME companies, etc.) enrollment requirements (“Rule”). The goal of CMS’ implementation…more

CMS, Enrollment, HHS, Hospitals, Medical Devices

See All Updates »

Third Circuit Upholds Defense Cost Reimbursement Clause in Professional Liability Policy

On October 10, 2014, the 3rd Circuit Court of Appeals decided Camico Mutual Ins. Co. v. Heffler, Radetich & Saitta, LLP, where it enforced a policy clause providing for repayment to the insurer of defense costs, and confirmed…more

Fraud, Professional Liability, Reimbursements

See All Updates »

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

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 »

Will the Supreme Court Take a Stand on Standing in BP Case?

It is axiomatic that to certify a class, plaintiffs must show all members satisfy Article III standing and Rule 23 requirements. While federal courts "do not require each member of a class to submit evidence of personal…more

Article III, BP, Rule 23, SCOTUS, Standing

See All Updates »

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

See All Updates »

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection…more

Consumer Protection Act, Cybersquatting, Damages, Domain Names, Facebook

See All Updates »

Supreme Court Cans Three Obama Recess Appointments to the National Labor Relations Board

The U.S. Supreme Court yesterday released its much-anticipated opinion in National Labor Relations Board v. Noel Canning, holding that President Obama exceeded his authority in appointing Sharon Block, Richard Griffin, and…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

See All Updates »

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

See All Updates »

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

See All Updates »

Connecticut High Court Clarifies Aggregate Limit and Number of SIRs Under Professional Liability Policy

On January 28, 2014, the Supreme Court of Connecticut, in Lexington Ins. Co. v. Lexington Healthcare Group, Inc., 311 Conn. 29, addressed three issues that define the extent of coverage available under a medical professional…more

Medical Liability, Occurrence, Professional Liability

See All Updates »

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

See All Updates »

Supreme Court’s Myriad Decision on Patenting Isolated DNA

The Supreme Court of the United States has now ruled on the patent eligibility of isolated DNA. On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc., the Court unanimously held that a “naturally…more

AMP v Myriad, DNA, Gene Patenting, Human Genes, Myriad

See All Updates »

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

See All Updates »

Health Care Reform Implementation Update

We are now more than two weeks into the Affordable Care Act (ACA’s) second open enrollment period, and 765,000 individuals have obtained coverage through HealthCare.gov. On Capitol Hill, House lawmakers filed a lawsuit against…more

ACOs, Affordable Care Act, CMS, Employer Mandates, FDA

See All Updates »

Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure Requirements for Expert Materials

The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with…more

Discovery, Expert Witness, Rule 26, Subject Matter Experts, Subrogation

See All Updates »

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private Right of Action for Bad Faith Claim Handling

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim…more

Actual Malice, Attorney's Fees, Bad Faith, Damages, Hurricane Sandy

See All Updates »

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, Insureds, Insurers, Subrogation

See All Updates »

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

American Guarantee & Liability Ins. Co., Attorney-Client Privilege, Bad Faith, Confidential Information, D.R. Horton

See All Updates »

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

See All Updates »

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

See All Updates »

If You Uncover Potential Juror Bias, Do You Tell The Court? Yes

On the eve of a criminal trial, you decide to Google the names of a few prospective jurors. One appears to have been suspended from the practice of law due to a criminal conviction. The next day at voir dire, however, the…more

Juror, Jury Selection

See All Updates »

NLRB Rules Employees Have Right to Use Employers’ Email Systems for Nonbusiness Purposes

On Thursday, December 11, the National Labor Relations Board reversed what had been well-settled law regarding the rights of employers to prevent employees from using their employer’s email system for nonbusiness reasons. If…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

See All Updates »

President Obama Announces Immigration Bills: Real Reform or Band-Aid Fixes?

On November 20, 2014 President Obama announced a series of executive actions to reform the “broken” immigration system after Congress failed to pass a comprehensive immigration reform bill this year. These initiatives have not…more

Barack Obama, DACA, DAPA, Deportation, DHS

See All Updates »

First and Ten: Will College Athletes Be the Next Wave of Unionization?

Everyone recognizes that college athletics are big business for the schools, but do they exploit the student athletes under the guise of amateurism? Thanks to a new decision out of the Chicago office of the National Labor…more

College Athletes, NLRB, Unions

See All Updates »

Halliburton Decided! World Does Not End

Yesterday, the Supreme Court released its highly-anticipated decision in Hallburton Co. v. Erica P. John Fund, Inc. As we (and, to be fair, others) predicted after the oral argument, the Court did not have the appetite to…more

Basic v Levinson, Class Action, Class Certification, Corporate Counsel, Fraud

See All Updates »

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

See All Updates »

Prepare for Changes to CMS’ Five Star Quality Rating System for Nursing Homes

Choosing a nursing home can be a daunting task for consumers who often have myriad questions regarding the quality of care available at the nursing homes in their areas. To help answer these questions, CMS has created the…more

CMS, Healthcare, Nursing Homes, Quality of Care Standards

See All Updates »

Carrier's Website Does Not Limit Liability Under Carmack Amendment

A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers’ arguments about purported limitations of…more

Damages, Interstate Commerce, Limitation of Liability Clause, Subrogation

See All Updates »

Fiscal Cliff Deal and Healthcare: 3-Point Bulletin

On January 1, President Obama signed the American Taxpayer Relief Act of 2012 into law to prevent the country from going over the proverbial “fiscal cliff.” The fiscal cliff deal prevents the scheduled 26.5% cut in reimbursement…more

Affordable Care Act, American Taxpayer Relief Act, CLASS Act, Co-Op, Fiscal Cliff

See All Updates »

Repetitive Water Heater Failure Claims – New Theories of Recovery

It can be frustrating when pursuit of a products liability case is not economically feasible due to the small dollar value of the claim. This is especially true with repetitive failure claims – when the same type of product…more

Boilers, Manufacturers, Manufacturing Defects, Recovery Laws

See All Updates »

Bill Introduced to Congress Which Establishes National Hiring Standards for Motor Carriers

The recent introduction of H.R. 4727 in the House of Representatives marks the first step toward insulating freight brokers and third-party logistics providers (3PLs) from claims by plaintiffs who seek an alternate source for…more

Commercial Truck Drivers, Hiring & Firing, Trucking Industry

See All Updates »

OIG Releases Proposed Gainsharing Regulation

In early October, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) released a proposed rule that included, among other provisions, a proposed gainsharing regulation (“Proposed Rule”),…more

Affordable Care Act, Gainsharing, HHS, Hospitals, OIG

See All Updates »

Additional California Rulings on Right to Repair Act Defense

In August 2013, we reported that Christmas had come early for the California subrogation community due to a recent decision from the Court of Appeals which found that the “Right to Repair Act” (SB 800) did not apply to cases in…more

Actual Injuries, Construction Defects, Damages, Right to Repair, Subrogation

See All Updates »

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

See All Updates »

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities. With…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Information Governance

See All Updates »

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

See All Updates »

Legislation Alters Shipping Act Treatment of Attorneys’ Fees

Late yesterday, both the U.S. House of Representatives and the U.S. Senate passed S. 2444, the Howard Coble Coast Guard and Maritime Transportation Act of 2014…more

Attorney's Fees, Federal Maritime Commission, Maritime Transport, Shipping

See All Updates »

New Jersey Becomes Latest State to “Ban the Box”

On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey’s version of “ban the box.” When the law takes effect on March 1, 2015, companies who employ 15 or more employees will be…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

See All Updates »

CMS Proposes Prospective Payment System Update Rules for Inpatient and Long Term Care Hospitals

On Friday, April 26, the Centers for Medicare and Medicaid Services (CMS) issued a crucial payment system rule that proposes updated rates and regulatory policies for inpatient hospitals (including inpatient psychiatric…more

CMS, Document Coding, Healthcare, Hospitals, Long Term Care Facilities

See All Updates »

A Study Analysis and Recommendations on Approaches to First U.S. Acquisitions by Non-U.S. Companies: How Chinese Companies May Succeed in Overseas M&A Transactions

Recently, as the pace of “going global” speeds up, a large amount of Chinese companies have participated in M&A, control investments and substantial minority investments in businesses and properties located outside of China…more

Acquisitions, China, Cross-Border

See All Updates »

30 (b)(6) Corporate Designee Depositions - What You Need to Know

In a world where the overwhelming majority of cases never make it to trial, depositions take on outsized importance. They will almost certainly be the only in-person testimony either party has the opportunity to elicit and the…more

Corporate Designee, Depositions, Federal Rules of Civil Procedure, Litigation Strategies

See All Updates »

Washington Appellate Court Holds That Below-Limits Settlement Fails to Trigger Excess Policies

On November 12, 2013, in Quellos Group LLC v. Federal Insurance Company, the Washington Court of Appeals affirmed summary judgment in favor of two excess professional liability insurers because the excess policies “require[d]…more

Excess Policies, Policy Limits, Settlement

See All Updates »

Indiana: New Home Warranties Must Be Insured

When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the builder…more

Construction Defects, Implied Warranty of Habitability, Warranties

See All Updates »

Will the Supreme Court Take a Stand on Standing in BP Case?

It is axiomatic that to certify a class, plaintiffs must show all members satisfy Article III standing and Rule 23 requirements. While federal courts "do not require each member of a class to submit evidence of personal…more

Article III, BP, Rule 23, SCOTUS, Standing

See All Updates »

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, LLC, New Legislation

See All Updates »

Disclaimer Requirement of N.Y. Insurance Law § 3420(d)(2) Held Not to Apply to Property Damage Claims

The New York Court of Appeals recently confirmed that the heightened timeliness of disclaimer requirement in New York Insurance Law § 3420(d)(2) does not apply to claims arising from property damage, in KeySpan Gas East Corp. v…more

Disclaimers, Duty to Defend, Insurers, Property Damage

See All Updates »

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating…more

Advertising, Cybersecurity, Data Protection, Employer Liability Issues, Facebook

See All Updates »

Mixed-Use Housing Is Exempt

A panel of a Commonwealth Court concluded that a mixed-use housing project owned by municipality was exempt from real estate tax. Reading Housing Authority v. Board of Assessment Appeals of Berks County, No. 1937 C.D. 2013 (Pa…more

Affordable Housing, Mixed-Use Zoning, Municipalities, Tax Exempt

See All Updates »

Socially Responsible Procurement and Best Value

The New York Times had an article yesterday by Ian Urbina, The Shopping List as Policy Tool, that analyzes the possibility of using the government’s purchasing power to cure a range of social challenges, including limiting harsh…more

Federal Contractors, Procurement Guidelines

See All Updates »

California Health Care Providers Successfully Ward Off Data Breach Lawsuits

In a pair of recent cases, two California health care providers successfully warded off lawsuits arising from unauthorized data breaches of patient files. These cases illustrate that improper disclosure of electronically stored…more

CMIA, Data Breach, Eisenhower Medical, Electronic Medical Records, Health Care Providers

See All Updates »

Pennsylvania Extends Life and Applicability of Chapter 14 of the Public Utility Code

On October 22, 2014, Governor Corbett signed Act 155 into law. The Act will go into effect 60 days from the date the governor signed it or approximately December 21, 2014. Among other things, this Act revises Section 510 and…more

Electricity, Funding, Natural Gas, New Legislation, Public Utilities Commission

See All Updates »

Ninth Circuit Water Loss Case Provides Guidance on Bad Faith Standard for “Genuine Dispute”

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the 9th Circuit, relying on California law, upheld a grant of summary judgment dismissing the…more

Bad Faith, Covenant of Good Faith and Fair Dealing, Daubert Hearing, Daubert Standards, Expert Witness

See All Updates »

Extreme Makeover: EPA Edition

The Home and Garden Channel (HGTV) is the top rated cable network on the weekends. At the end of every remodeling show on HGTV is the big reveal, dramatic "before and after" footage of the transformation of the kitchen or…more

See All Updates »

Third Circuit Holds Insurer’s Interpretation of Employer’s Liability Exclusion is Fairly Debatable

A recent 3rd Circuit decision, ArcelorMittal Plate, LLC v. Joulé Technical Services, Inc., 558 Fed.Appx. 205 (3d Cir. 2014) reiterates that under New Jersey law, an insurer does not act in bad faith when denying a claim that is…more

Bad Faith, Bodily Injury, Breach of Contract, Commercial General Liability Policies, Insurers

See All Updates »

Benefit Corporations – A New Type Of Corporation – Are Now Authorized In Pennsylvania

On January 23, 2013, the Pennsylvania Benefit Corporation Act (the Act) became effective. The Act authorizes a new type of for-profit business corporation known as a benefit corporation. Pennsylvania is now one of 12 states that…more

Benefit Corporations, Directors, Investors, Officers, Shareholders

See All Updates »

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

POM Wonderful LLC (“POM”) produces and sells a pomegranate-blueberry juice blend. POM brought a Lanham Act suit against Coca-Cola for allegedly marketing one of its juices in such a way that it misled consumers into thinking…more

Coca Cola, Compliance, Enforcement, FDA, FDCA

See All Updates »

The FCC Asserts its Role as Regulator of Data Security

The FCC recently signaled its intention to move aggressively into the realm of data security regulation. On October 24, 2014, the agency released a Notice of Apparent Liability for Forfeiture (NAL), ordering two…more

Corporate Counsel, Data Breach, Data Protection, FCC, Forfeiture

See All Updates »

Court Holds Excise Tax Does Not Apply to Foreign Retrocessional Reinsurance

In Validus Reinsurance, Ltd. v. United States, No. 13-0109 (ABJ), 2014 WL 462886 (D.D.C. 2014), the U.S. District Court for the District of Columbia found that although foreign reinsurance contracts covering certain U.S. risks…more

See All Updates »

Potential Recovery Opportunities Arising From Pollution Claims

Energy production in the United States is at an all-time high. In 2013, an average of 7.5 million barrels of oil were pumped every day, which bested the previous production record (2012) by one million barrels. Domestic oil…more

Contaminated Properties, Environmental Claims, Environmental Liability, Environmental Policies, Oil & Gas

See All Updates »

FDA Proposes Regulations on Safe Food Transport

In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act. The proposed rule seeks to prevent the contamination of…more

FDA, Food Safety, FSMA, Shipping, Trucking Industry

See All Updates »

Cuba Revisited

On December 17 President Obama announced a plan to normalize relations with Cuba and open a US Embassy in Havana. The President also asked Congress to reconsider the trade embargo with Cuba which has been in place since 1962. …more

Barack Obama, Cuba, Embargo, Foreign Relations, Sanctions

See All Updates »

Halliburton Decided! World Does Not End

Yesterday, the Supreme Court released its highly-anticipated decision in Hallburton Co. v. Erica P. John Fund, Inc. As we (and, to be fair, others) predicted after the oral argument, the Court did not have the appetite to…more

Basic v Levinson, Class Action, Class Certification, Corporate Counsel, Fraud

See All Updates »

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

See All Updates »

Your Client is Hacked and Personal Information is Leaked Online – Now What?

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his…more

Celebrities, CEOs, Copyright, Copyright Infringement, Corporate Counsel

See All Updates »

Attack on Citizens’ Bad Faith Immunity Receives a Chilly Reception at Florida Supreme Court

In 2002, the Florida Legislature created Citizens Property Insurance Company Corporation (Citizens) to make affordable insurance available to Florida citizens who were not otherwise able to obtain property insurance. In adopting…more

Bad Faith, Citizens Property Insurance Corporation, Insurers, Intentional Torts, Liability

See All Updates »

Piracy, Kidnap & Ransom: UK Bans Ransom Payments by Insurers

On 26 November 2014 the British Home Secretary introduced the Counter-Terrorism and Security Bill (the Bill) to Parliament, part of which deals specifically with prohibiting the payment of insurance claims in respect of payments…more

Counter-Terrorist, Insurers, New Legislation, UK

See All Updates »

Court Holds Excise Tax Does Not Apply to Foreign Retrocessional Reinsurance

In Validus Reinsurance, Ltd. v. United States, No. 13-0109 (ABJ), 2014 WL 462886 (D.D.C. 2014), the U.S. District Court for the District of Columbia found that although foreign reinsurance contracts covering certain U.S. risks…more

See All Updates »

U.S. DOT Emergency Order Impacts Crude Oil Testing, Rail Shipping Requirements

In an emergency order issued on February 25, 2014, the U.S. Department of Transportation (DOT) directed all parties offering for transport or transporting petroleum crude oil to ensure that product is properly tested and…more

DOT, Hazardous Substances, Oil & Gas, Railways

See All Updates »

Mixed-Use Housing Is Exempt

A panel of a Commonwealth Court concluded that a mixed-use housing project owned by municipality was exempt from real estate tax. Reading Housing Authority v. Board of Assessment Appeals of Berks County, No. 1937 C.D. 2013 (Pa…more

Affordable Housing, Mixed-Use Zoning, Municipalities, Tax Exempt

See All Updates »

Significant Restrictions on Local Government Debt and Swaps Introduced in the Pennsylvania General Assembly

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…more

Economic Development, Funding, Legislative Agendas, Municipalities, Ultra Vires

See All Updates »

Claims Handling Reminders for Oklahoma Storm Losses

In light of the recent devastating storms in Oklahoma, it is worth bearing in mind: (1) Oklahoma’s basic rules for interpreting insurance policies, including the “reasonable expectation doctrine,” (2) Oklahoma’s standard for…more

Bad Faith, Covenant of Good Faith and Fair Dealing, Oklahoma Tornado

See All Updates »

Supreme Court Denies Pay for Security Check Time

So do all those Amazon.com workers filling your holiday orders need to be paid extra for undergoing security screenings at the end of their shift? The U.S. Supreme Court said no. The Court’s highly anticipated, unanimous ruling…more

FLSA, Integrity Staffing v Busk, SCOTUS, Security Checks, Wage and Hour

See All Updates »

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

See All Updates »

“John Doe” Saves the Day in Washington: Avoiding S.O.L. Defense by Properly Naming “Doe” Defendants

In Powers v. W.B. Mobile Servs., Inc., 311 P.3d 58, 2013 WL 5645561 (2013), Division Two of the Washington Court of Appeals held that if a plaintiff (1) names a “John Doe” defendant with “reasonable particularity,” files suit…more

Insurers, Pleading Standards, Pleadings, Statute of Limitations, Subrogation

See All Updates »

Revisiting the New York Convention as Burundi Becomes its 150th Signatory

In recognition of the ever-increasing importance of international arbitration as a method of resolving international commercial disputes, Burundi recently became the 150th country to adopt the New York Convention on the…more

Arbitration, Arbitration Agreements, Arbitration Awards, Foreign Arbitration Clauses, International Arbitration

See All Updates »

Zhang v. Sup. Ct.: Violation of Unfair Insurance Practices Act May Support Unfair Competition Claim

In a highly awaited decision, the California Supreme Court in Zhang v. Sup. Ct. of San Bernardino County (August 1, 2013) 2013 Cal. LEXIS 6520, Case No. S178542, considered whether insurance practices that violate the California…more

Insurers, Third-Party, Unfair Competition, Unfair Insurance Practices Act

See All Updates »

Binding Arbitration Agreements in Insurance Contracts are Void in Washington

In Washington State Department of Transportation v. James River Insurance Company, Wash. No. 87644-4 (January 17, 2013), the Washington Supreme Court declared binding arbitration agreements in insurance contracts void and…more

Arbitration, Arbitration Agreements, Binding Arbitration

See All Updates »

NE Supreme Court Issues Insurer-Friendly Decision on the Applicability of the Pollution Exclusion

In interpreting the scope of the pollution exclusion, one question seems to appear in case after case — what exactly does the pollution exclusion exclude? In State Farm Fire & Casualty Company v. Dantzler, 289 Neb. 1 (2014), the…more

Contamination, Pollution Exclusion, Property Damage, Property Insurance

See All Updates »

“Buying Your Peace” in a Class Action Settlement

For defense attorneys negotiating class action settlements, a major consideration is ensuring that their client has indeed “bought its peace”—and won’t be facing follow-on litigation from plaintiffs who may not be bound by the…more

CAFA, Civil Monetary Penalty, Class Action, Injunctive Relief, Intelligender

See All Updates »

If You Uncover Potential Juror Bias, Do You Tell The Court? Yes

On the eve of a criminal trial, you decide to Google the names of a few prospective jurors. One appears to have been suspended from the practice of law due to a criminal conviction. The next day at voir dire, however, the…more

Juror, Jury Selection

See All Updates »

Sixth Circuit Limits Scope of Disgorgement Provision in E&O Policy

In a cutting-edge decision, the federal 6th Circuit Court of Appeals has ruled that an exclusion barring coverage for an insured’s liability for “disgorgement” of “remuneration” or “advantage” is limited to “acquiring” funds as…more

Board of Directors, D&O Insurance, Disgorgement, Professional Liability, Remuneration

See All Updates »

Think You Cannot Be Sued For Bad Faith Because You Haven’t Issued A Policy to A Plan Participant? Think Again . . .

Just because there is no insurance policy may not mean there is no cause of action for bad faith according to a recent Hawaii Supreme Court decision analyzing the Joint Underwriting Program (“JUP”) statute. Willis v. Swain case…more

Bad Faith, Covenant of Good Faith and Fair Dealing, Insurers

See All Updates »

Caveat Empty Box

In a strong defense victory from earlier this year, the U.S. District Court for the Eastern District of California denied a proposed class of laptop purchasers the opportunity to proceed against Toshiba as a class, instead…more

Arbitration, Arbitration Agreements, Class Action, Manufacturers, Toshiba

See All Updates »

And You Thought Your Teenager’s Cell Phone Bill Was High…NFL Team’s Texts Cost $3 Million

Fans everywhere like to complain about their team’s picks in the NFL draft. Maybe their team drafted a quarterback instead of a cornerback, or maybe it fell for that highly overrated prospect. Most such complaints stay safely in…more

FCC, NFL, TCPA, Text Messages, Texting

See All Updates »

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client’s intentions…more

Attorney-Client Privilege, Contract Disputes, Crime-Fraud Exception, Facebook, Fraud

See All Updates »

Pennsylvania Extends Life and Applicability of Chapter 14 of the Public Utility Code

On October 22, 2014, Governor Corbett signed Act 155 into law. The Act will go into effect 60 days from the date the governor signed it or approximately December 21, 2014. Among other things, this Act revises Section 510 and…more

Electricity, Funding, Natural Gas, New Legislation, Public Utilities Commission

See All Updates »

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

See All Updates »

Coverage Opinions Remain Privileged in Bad Faith Action Even Where Gist of Recommendation is Set Forth in Letter to Insured

As a matter of first impression, the Supreme Court of West Virginia recently held that coverage opinion letters were protected by the attorney-client privilege even though the insurer subsequently sent correspondence to its…more

Attorney-Client Privilege, Bad Faith, Privilege Waivers, Waivers

See All Updates »

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
See more
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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.