Cozen O'Connor

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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Avoid Inconsistent Communications By “Revolving Door” Adjusters

In CE and CLE courses, we hear all the time that the most often cited reason for a grievance or complaint is lack of communication. This truism provides a useful rule of thumb to avoid bad faith claims. Remember, for most…more

Bad Faith, Construction Industry, Insurance Adjusters, Insurance Industry, Insurance Investigations

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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

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Olympus Duodenoscope Recall: Lessons Learned on How to Manage a Class II Device Failure

Earlier this year Olympus Corp. (“Olympus”) announced that it would recall and redesign its TJF-Q180V duodenoscope following its link to deadly patient infections in the United States and abroad. This situation presents an…more

Antibiotic Resistance, Congressional Reports, EU, Failure To Warn, FDA

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Road to the Oval Office: Live at the RNC – July 19

Live from Cleveland, Mark Alderman, Blake Rutherford and Jim Schultz provide an update on developments unfolding at the Republican National Convention. Blake: Thanks, and welcome everyone to the eleventh call in our series…more

Bernie Sanders, Donald Trump, Hillary Clinton, Political Campaigns, Political Candidates

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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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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, Insurance Industry, Insureds, Materiality, Public Policy

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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

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August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements…more

Air Carriers, Airlines, Airports, Amazon, Applications

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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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Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and…more

Builder's Risk Exclusion, Construction Project, Denial of Insurance Coverage, Fire Damage, Homeowner's Insurance

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Texas Supreme Court Decides that PRP Letters Issued by the EPA Under CERCLA Constitute a “Suit”

In McGinnes Industrial Maintenance Corporation v. The Phoenix Insurance Company, No. 14-0465, —S.W.3d— (Tex. June 26, 2015), a 5-4 majority of the Texas Supreme Court held that the undefined term “suit” in the standard-form CGL…more

CERCLA, Commercial General Liability Policies, Duty to Defend, EPA, Potentially Responsible Party (PRP)

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Allocation Clause Held Enforceable in a Duty To Defend D&O Policy

In Housing. Auth. of New Orleans v. Landmark Ins. Co., 2016 U.S. Dist. LEXIS 24419 (E.D. La. Feb. 29, 2016), the court provided a rare analysis of the interplay between a duty to defend in a D&O policy and the allocation clause…more

Contract Terms, Cost Allocation, D&O Insurance, Duty to Defend, Indemnification Clauses

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New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,…more

Appeals, At-Will Employment, Concealed Weapons, Corporate Counsel, Employer No-Weapons Policies

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SCOTUS Opens the Door to Representative Evidence in Donning and Doffing Cases

In a decision that comes as a surprise to many observers, the U.S. Supreme Court held this week in Tyson Foods, Inc. v. Bouaphakeo et al. that plaintiffs can use representative evidence in a donning and doffing class or…more

Admissible Evidence, Calculation of Damages, Class Action, Class Certification, Class Members

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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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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

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SEC Proposes Changing Smaller Reporting Company Definition and Streamlining Disclosure Requirements

The Securities and Exchange Commission (SEC) recently released two separate proposals, one that aims to expand “smaller reporting company” eligibility and another that is designed to streamline disclosure requirements…more

Disclosure Requirements, Emerging Growth Companies, GAAP, IFRS, Proposed Amendments

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Vermont: First-Party Pollution Exclusions Are Not Confined to Traditional Environmental Pollution.

Courts in a number of American states, notably California, have found that pollution exclusions in first-party policies are “inherently ambiguous” and that the purpose of such provisions is “to address liability arising from…more

Homeowner's Insurance, Insurance Industry, Pesticides, Pollution Exclusion

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Is a Rock a Landslide? Montana Supreme Court Says Yes

In a recent decision, the Montana Supreme Court upheld application of an Earth Movement exclusion to bar coverage for damage to a home when a single large boulder rolled down a hill and smashed into it. In doing so, the court…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, MT Supreme Court, Policy Exclusions

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Data Breach Plaintiffs Continue to Face Article III Standing Challenges

Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims against…more

Article III, Class Action, Corporate Counsel, Cybersecurity, Data Breach

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Commonwealth Court Approves PA PUC’s Implementation of Distribution System Improvement Charge

The Commonwealth Court of Pennsylvania issued a decision on November 3, 2015, available here, that has significant implications for public utilities in Pennsylvania seeking to recover costs associated with distribution system…more

Cost Recovery, Income Taxes, Public Utilities Commission, Tax Deductions, Tax Rates

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Data Security Plays a Key Role in the Adoption and Success of Precision Medicine

The White House recently released a guidance document for those in the precision medicine community to help ensure that participants’ data and resources remain secure. The document, titled “Precision Medicine Initiative: Data…more

Data Protection, Data Security, Precision Medicine Initiative (PMI)

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When “Shhh” turns to “Oh $%*#!” – No Pseudonyms for Ashley Madison Plaintiffs

Nothing good has come from the Ashley Madison hacking incident, except hopefully some well-deserved apologies to loved ones. Now the E.D. Mo. Court hearing the In Re Ashley Madison Customer Security Breach Litigation, MDL No…more

Ashley Madison, Cybersecurity, Data Breach, Data Privacy, Data Protection

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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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Vague COBRA Notices Could Prove Venomous

A recent class action settlement serves to remind employers that the Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA, has real fangs in the hands of the plaintiffs’ bar. A large financial services…more

Class Action, COBRA, Corporate Counsel, Employer Group Health Plans, Employer Liability Issues

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“Auto-Pilot” May Not Be Perfect, But It May Be Better

Virtually every day there are media reports regarding the introduction of driverless cars to mainstream consumers. As driverless cars rapidly accelerate from concept to commercialization, it is becoming increasingly apparent…more

Auto Manufacturers, Automotive Industry, Black Box, Car Accident, Causation

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Truths and Myths About Divorce Mediation

When clients visit my office for an initial consultation about their impending divorce, they invariably ask about the benefits and pitfalls of mediation. Over the last several years, the use of alternate dispute resolution in…more

Binding Arbitration, Divorce, Marital Assets, Marriage, Mediation

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Net Operating Loss Cap is Unconstitutional

In RB Alden Corp. v. Commonwealth, No. 73 F.R. 2011 (Pa. Commw. June 15, 2016), the court addressed the taxpayer’s liability for 2006 Corporate Net Income (CNI) Tax on gain from the sale of part of its interest in a partnership…more

Appeals, Corporate Net Income, Corporate Taxes, Department of Revenue, Partnerships

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New York’s Highest Court Creates Exception to Pro Rata Allocation

On May 3, 2016, the New York Court of Appeals answered two certified questions posed by the Delaware Supreme Court regarding the appropriate allocation method for long-tail claims among successive excess carriers. The first…more

Anti-Stacking Provisions, Asbestos Litigation, Contract Interpretation, DE Supreme Court, Excess Policies

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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

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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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Federal Contractors Must Report All Federal Labor Law Violations

Federal contractors and subcontractors soon will be required to report all federal “labor law violations” to the government, for review by contracting officers. Here’s what you need to know about this sweeping new requirement…more

Disclosure Requirements, DOL, EEOC, Executive Orders, Fair Pay and Safe Workplaces

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Crowdfunding: SEC Publishes CD&Is and Small Entity Issuer Compliance Guide

The crowdfunding regulations of the Securities and Exchange Commission (SEC) became effective on May 16, 2016, and the agency has issued Compliance and Disclosure Interpretations (C&DIs) providing interpretive guidance on…more

C&DIs, Crowdfunding, Disclosure Requirements, Regulation C, SEC

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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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2015 Year End Tax Update

A BRIEF LOOK BACK - Where We Are Now – The View from Bucks County, Thanksgiving 2015 - 1. “Make America Great Again!” Sounds like a terrific idea, even for those (few?) of us who think America is already great and who…more

Affordable Care Act, Corporate Taxes, Data Breach, FICA Taxes, IRS

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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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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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Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss

In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its…more

Denial of Insurance Coverage, Insurance Industry, Loss of Use, TX Supreme Court, Uninsured and Under-Insured Motorists

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New Condominium Sponsor-Developers Guidelines Go Into Effect November 1: Certificates of Occupancy

Earlier this week, the Real Estate Finance Bureau of the New York State Office of the Attorney General (REF) provided significant guidance on several issues facing sponsor-developers of new construction and gut-renovation…more

Board of Directors, Certificates of Occupancy, Condominium Corporation, Condominiums, Construction Project

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Hawaii Supreme Court Holds a Primary Insurer Cannot Gamble with the Excess Insurer’s Money

On June 29, 2015, in responding to a certified question from the U.S. District Court for the District of Hawaii, the Hawaii Supreme Court held in St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Ins. Co., SCCQ-14-0000727, that…more

Bad Faith, Covenant of Good Faith and Fair Dealing, Equitable Subrogation, Excess Policies, Insurance Settlements

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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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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 Regulators Approve Policy Language Aimed at Limiting “Assignments of Benefits” Claim Practice

Insurance companies that write property risks in Florida are getting in line to request approval from the Office of Insurance Regulation (OIR) for two key policy revisions intended to control losses from a water damage property…more

Assignments, Citizens Property Insurance Corporation, Fee-Shifting, Insurance Industry, Insurance Litigation

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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, Insurance Industry, Personally Identifiable Information, Policy Exclusions

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Vague COBRA Notices Could Prove Venomous

A recent class action settlement serves to remind employers that the Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA, has real fangs in the hands of the plaintiffs’ bar. A large financial services…more

Class Action, COBRA, Corporate Counsel, Employer Group Health Plans, Employer Liability Issues

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New York’s Highest Court Creates Exception to Pro Rata Allocation

On May 3, 2016, the New York Court of Appeals answered two certified questions posed by the Delaware Supreme Court regarding the appropriate allocation method for long-tail claims among successive excess carriers. The first…more

Anti-Stacking Provisions, Asbestos Litigation, Contract Interpretation, DE Supreme Court, Excess Policies

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DOL Issues Re-Proposed Regulations Defining Investment Advice Fiduciary and Proposes New PTEs

The U.S. Department of Labor (DOL) issued long awaited re-proposed regulations governing fiduciary status and investment advice titled “Definition of the Term ‘Fiduciary’; Conflict of Interest Rule—Investment Advice” for public…more

DOL, ERISA, Fiduciary Duty, FINRA, Investment Adviser

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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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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, Insurance Industry, Third-Party

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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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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 NOPR Seeks Connected Entity Data from Virtual Traders and Financial Transmission Rights Holders

The Federal Energy Regulatory Commission (FERC) recently proposed that virtual traders and financial transmission rights holders (collectively Virtual/FTR Participants), which are not FERC electric market based rate holders but…more

Connected Entities, Energy Market, FERC, NOPR, Public Comment

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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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In The Know - 1st Edition, May 2016

Welcome to the first edition of IN, a quarterly digest designed to keep insurers in the know on both the development, as well as the ongoing evolution, of legal trends relevant to first-party property coverage and bad faith law…more

Bad Faith, Big Data, Commercial Property Owners, Insurance Industry, Lead Paint

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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

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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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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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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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2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the…more

Affordable Care Act, Barack Obama, Big Data, Cybersecurity, E-Verify

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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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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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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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August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements…more

Air Carriers, Airlines, Airports, Amazon, Applications

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2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the…more

Affordable Care Act, Barack Obama, Big Data, Cybersecurity, E-Verify

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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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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, Insurance Industry, Property Damage

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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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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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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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Progress in Medicare Takes Many Forms: Moving Ahead with Maintenance Care After Jimmo

Somehow, although certainly not from a clear reading of the Medicare statute, there was long a perceived rule that Medicare would only cover certain services if the patient was making measurable improvement. This created the…more

CMS, Healthcare, Medicare

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Chicago Mandates Paid Sick Time

Effective July 1, 2017, Chicago will join a growing contingent of cities and states that require employers to offer paid sick leave to employees. The Chicago City Council unanimously passed an ordinance last week requiring every…more

Accrual Method, Local Ordinance, Paid Leave, Paid Sick Leave Act, Sick Leave

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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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What the Union Persuader Rule’s “Indirect Persuasion” Focus Means for Employers

Unless Congress steps in, effective July 1, 2016, employers and the labor relations consultants, including lawyers, with whom they work to counter unionization efforts will be subject to the U.S. Department of Labor’s (DOL) new…more

DOL, Federal Register, Persuader Rules, Political Debates, Reporting Requirements

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2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the…more

Affordable Care Act, Barack Obama, Big Data, Cybersecurity, E-Verify

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SEC Proposes Changing Smaller Reporting Company Definition and Streamlining Disclosure Requirements

The Securities and Exchange Commission (SEC) recently released two separate proposals, one that aims to expand “smaller reporting company” eligibility and another that is designed to streamline disclosure requirements…more

Disclosure Requirements, Emerging Growth Companies, GAAP, IFRS, Proposed Amendments

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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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Hawaii Supreme Court Holds a Primary Insurer Cannot Gamble with the Excess Insurer’s Money

On June 29, 2015, in responding to a certified question from the U.S. District Court for the District of Hawaii, the Hawaii Supreme Court held in St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Ins. Co., SCCQ-14-0000727, that…more

Bad Faith, Covenant of Good Faith and Fair Dealing, Equitable Subrogation, Excess Policies, Insurance Settlements

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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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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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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

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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, 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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Should You Withdraw The Reservation of Rights To Avoid Entry of a Consent Judgment?

An insurer that defends its insured against a third party’s lawsuit, while reserving rights to deny coverage to its insured for any judgment, may face a decision point when underlying settlement discussions become ripe to…more

Consent Order, Coverage Defense, Duty to Settle, Insurance Industry, Insurance Litigation

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2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the…more

Affordable Care Act, Barack Obama, Big Data, Cybersecurity, E-Verify

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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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August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements…more

Air Carriers, Airlines, Airports, Amazon, Applications

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Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage

Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation…more

Allstate, Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Property Damage

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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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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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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

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Don’t Mess with the Texas Prompt Payment of Claims Act: One Court’s Appraisal Result

Virtually all property insurance policies contain an appraisal clause, which outlines the appraisal procedure in broad terms. Those broad terms sometimes do not provide much guidance about the process, or about the effect which…more

Appraisal, Appraisal Awards, Bad Faith, Breach of Contract, Insurance Industry

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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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Young v. UPS Calls for a Review of Accommodations Offered to Pregnant Employees

On March 25, 2015, the U.S. Supreme Court held that a plaintiff can demonstrate at least a genuine dispute as to whether an employer violates the Pregnancy Discrimination Act (PDA) by accommodating certain categories of injured…more

Essential Functions, PDA, Pregnancy Discrimination, Reasonable Accommodation, SCOTUS

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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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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

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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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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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SCOTUS to Consider Whether FCRA Violation Confers Article III Standing on Individual

On April 27, 2015 the Supreme Court of the United States granted certiorari on a petition filed by Spokeo, Inc., asking the court to review the Ninth Circuit opinion in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014)…more

Article III, ERISA, FCRA, SCOTUS, Spokeo v Robins

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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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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

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2016 Presidential Prognostications & Insights: The Democratic Race Winds Down

Mark, Howard and Blake discuss the state of the Democratic race. Also, Bernie Nash and Lori Kalani, co-chairs of Cozen O'Connor's State AG practice, discuss the State AG races…more

Bernie Sanders, Donald Trump, Hillary Clinton, Political Candidates, Presidential Elections

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Indiana Court Dismisses Bad Faith Allegations and Praises Insurer for Timely Claims-Handling

A recent federal District Court decision from Indiana, Autumn Glen Homeowners Ass’n. v. Travelers Ind. Co. of America, 2015 WL 1256391, 2015 U.S. Dist. LEXIS 33317 (S.D. Ind., Mar. 18, 2015) provides insight into both…more

Good Faith, Homeowners' Association, Insurance Industry, Insurance Litigation, Property Damage

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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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OFAC and BIS Continue to Ease Cuba Shipping, Travel and Banking Sanctions

The Department of Treasury’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) have respectively published another round of amendments to the Cuban Assets Control…more

Banking Sector, BIS, Cuba, Cuban Assets Control Regulations (CACR), Exports

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Text Messages Add New Layer of Risk to Deal-Making in the Modern Age

Texting is becoming ubiquitous in this era of 24/7 connectivity, but a recent court decision stands as a strong reminder that those quickly composed texts can be held up as a “writing” sufficient to seal a multi-million dollar…more

Commercial Real Estate Contracts, Contract Terms, Electronic Communications, Letters of Intent, Offers

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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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Sixth Circuit Refuses to Create a Cause of Action for Reverse Bad Faith

In an opinion handed down last week, the Sixth Circuit Court of Appeals refused to adopt a new cause of action under Kentucky law for a reverse bad faith claim by an insurer against its insured where the Kentucky Supreme Court…more

Appeals, Bad Faith, Indictments, Insurance Fraud, Insurance Industry

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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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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

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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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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

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Oregon Adopts Covenants Not To Execute/Assignments

This past week, the Supreme Court of Oregon overturned 42 years of precedent, holding that Stubblefield v. St. Paul Fire & Marine, 267 Ore. 397, 517 P.2d 262 (1973) erred when it decided that a covenant not to execute given in…more

Assignments, Construction Defects, Insurance Litigation, Negligence, OR Supreme Court

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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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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

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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, Corporate Officers, Directors, Investors, Shareholders

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August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements…more

Air Carriers, Airlines, Airports, Amazon, Applications

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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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FERC NOPR Seeks Connected Entity Data from Virtual Traders and Financial Transmission Rights Holders

The Federal Energy Regulatory Commission (FERC) recently proposed that virtual traders and financial transmission rights holders (collectively Virtual/FTR Participants), which are not FERC electric market based rate holders but…more

Connected Entities, Energy Market, FERC, NOPR, Public Comment

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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

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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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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

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IRS Releases Final Regulations Facilitating P3s and Mixed-Use Developments, and Remedial Actions

On October 26, 2015, the Internal Revenue Service released final allocation and accounting regulations (the Final Regulations) under Section 141 of the Internal Revenue Code of 1986, as amended (the Code) related to accounting…more

501(c)(3), Accounting, Allocation of Funds, Bond Financing, Final Rules

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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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Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and…more

Builder's Risk Exclusion, Construction Project, Denial of Insurance Coverage, Fire Damage, Homeowner's Insurance

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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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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

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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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New Grower/Processor Regulations Released

On August 18, 2016, the Secretary of Pennsylvania’s Department of Health (“DOH”), Dr. Karen Murphy, announced that the DOH has posted draft temporary regulations (“Regulations”) focusing on the 25 medical marijuana…more

Department of Health, Dispensaries, Marijuana, Medical Marijuana

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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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State Farm v. Hansen: Nevada Supreme Court Adopts California Independent Counsel Rules

The Nevada Supreme Court has adopted California’s independent counsel rules, holding that an insured is entitled to select its own counsel where an insurer’s coverage reservation creates an actual conflict of interest between…more

Attorney's Fees, Conflicts of Interest, Cumis Counsel, Duty to Defend, Insurance Industry

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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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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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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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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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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

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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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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

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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

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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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2016 Presidential Prognostications & Insights: The Democratic Race Winds Down

Mark, Howard and Blake discuss the state of the Democratic race. Also, Bernie Nash and Lori Kalani, co-chairs of Cozen O'Connor's State AG practice, discuss the State AG races…more

Bernie Sanders, Donald Trump, Hillary Clinton, Political Candidates, Presidential Elections

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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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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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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

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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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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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Supreme Court Sends ERISA Plans Racing to the Courthouse for Subrogation Recoveries

The Supreme Court of the United States recently handed down a decision that opens the door for participants in ERISA-covered benefits plans to stop a lawsuit against them in its tracks by doing something that most people love to…more

Corporate Counsel, Employer Group Health Plans, Equitable Relief, ERISA, Medical Expenses

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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

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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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The Duty to Follow-up Part II: When The Underlying Litigation Changes

Last month, we discussed the duty to follow-up in the context of an offer to settle made by a tort claimant and how neglect of that duty cost an insurer dearly by converting a claim that could have been settled for $25,000 into…more

Auto Insurance, Bad Faith, Damages, Insurance Industry, Partial Summary Judgments

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No Closure Yet on the Issue of Aggregation of Claims Against Solicitors

The Court of Appeal in AIG Europe Ltd v OC320301 LLP (formerly The International Law Partnership LLP) has ordered a retrial of the question of whether actions brought by 214 investors in two failed holiday property schemes in…more

Aggregation Rules, Appeals, Commercial Court, Escrow Accounts, Indemnity Insurance

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Medical Marijuana in Pennsylvania: What Physicians Should Know

On April 17, 2016, Governor Wolf signed Act 16 of 2016, making Pennsylvania the 24th state (plus the District of Columbia) to legalize marijuana for medical use. Physicians, not surprisingly, will play a vital role in…more

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

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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

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Click it to Stick it: Guide to Creating Binding Online Agreements

Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age, consumers…more

Actual or Constructive Knowledge, Amazon, Arbitration, Barnes and Noble, Browsewrap Agreement

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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

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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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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

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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

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New Grower/Processor Regulations Released

On August 18, 2016, the Secretary of Pennsylvania’s Department of Health (“DOH”), Dr. Karen Murphy, announced that the DOH has posted draft temporary regulations (“Regulations”) focusing on the 25 medical marijuana…more

Department of Health, Dispensaries, Marijuana, Medical Marijuana

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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

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Group Homes Were Not Charitable

A panel of the Commonwealth Court of Pennsylvania held that group homes maintained by a nonprofit for persons with intellectual disabilities were not entitled to real estate tax exemptions as charities. ARC Human Services, Inc…more

Non-Profits, Property Tax, Tax Exemptions

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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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Reflections on Low-E Glass vs. Vinyl Siding

From luxury vehicles melting on the streets of London to sunbathers being attacked by a “death ray” at a Las Vegas pool, splashy news reports highlight unanticipated hazards associated with the use of low-e glass in new…more

Exclusions, Negligence, Property Damage, Subrogation, Warranties

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Proposed Florida Advisory Opinion Would Allow Attorneys to Advise Clients to Clean Up Social Media before Litigation Starts

On January 23, 2015, the Professional Ethics Committee of the Florida Bar issued Proposed Advisory Opinion 14-1, in which the Committee found that “a lawyer may advise the client pre-litigation to remove information from a…more

Ethics, Popular, Social Media, Social Networks, Trial Preparation

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Colorado Supreme Court: Indefinite, Future Assignment of Insurance Proceeds Unenforceable Against Insurer

It is not uncommon for injured persons to assign their rights to insurance proceeds to a third party, and the enforceability of those assignments has been the subject of frequent litigation around the country. In the most recent…more

Assignments, Car Accident, CO Supreme Court, Insurance Industry

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SEC and FINRA Announce 2015 Exam Priorities

The U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) recently announced their 2015 exam priorities for their respective examination programs. Both the SEC and FINRA have…more

Broker-Dealer, FINRA, Industry Examinations, Investment Adviser, OCIE

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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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Third Circuit Decisions Affirms Contractual Extension/Modification of Maritime Liens

A decision issued by the U.S. Court of Appeals for the Third Circuit on April 20, 2016, affirms the ability of ocean carriers and their customers to extend and/or modify the possessory lien that carriers have on cargo under…more

Contract Terms, Federal Maritime Commission, Liens, Shipping Cargo, Vessels

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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

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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

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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

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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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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

Depositions, Federal Rules of Civil Procedure, Litigation Strategies

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Road to the Oval Office: Live at the RNC – July 19

Live from Cleveland, Mark Alderman, Blake Rutherford and Jim Schultz provide an update on developments unfolding at the Republican National Convention. Blake: Thanks, and welcome everyone to the eleventh call in our series…more

Bernie Sanders, Donald Trump, Hillary Clinton, Political Campaigns, Political Candidates

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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

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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

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New FDA Draft Guidance on Benefit-Risk Factors Affecting Medical Device Compliance and Enforcement

In June, the U.S. Food and Drug Administration released draft guidance to clarify the benefit and risk factors it may consider in compliance and enforcement actions involving medical devices. Medical device manufacturers…more

Draft Guidance, FDA, Manufacturers, Medical Benefits, Medical Devices

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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, LLC, New Legislation

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Allocation Clause Held Enforceable in a Duty To Defend D&O Policy

In Housing. Auth. of New Orleans v. Landmark Ins. Co., 2016 U.S. Dist. LEXIS 24419 (E.D. La. Feb. 29, 2016), the court provided a rare analysis of the interplay between a duty to defend in a D&O policy and the allocation clause…more

Contract Terms, Cost Allocation, D&O Insurance, Duty to Defend, Indemnification Clauses

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Banning Employee E-Mailing?

“Everything in moderation,” I’m always saying. Exercise, TV, French fries. Well, I tend to moderate my exercise a tad more than my French fries, but I digress. What about technology? Social media? Those who know me know that I…more

DOL, Electronic Devices, Email, Wage and Hour

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Group Homes Were Not Charitable

A panel of the Commonwealth Court of Pennsylvania held that group homes maintained by a nonprofit for persons with intellectual disabilities were not entitled to real estate tax exemptions as charities. ARC Human Services, Inc…more

Non-Profits, Property Tax, Tax Exemptions

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Road to the Oval Office: Live at the RNC – July 19

Live from Cleveland, Mark Alderman, Blake Rutherford and Jim Schultz provide an update on developments unfolding at the Republican National Convention. Blake: Thanks, and welcome everyone to the eleventh call in our series…more

Bernie Sanders, Donald Trump, Hillary Clinton, Political Campaigns, Political Candidates

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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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Road to the Oval Office: Live at the RNC – July 19

Live from Cleveland, Mark Alderman, Blake Rutherford and Jim Schultz provide an update on developments unfolding at the Republican National Convention. Blake: Thanks, and welcome everyone to the eleventh call in our series…more

Bernie Sanders, Donald Trump, Hillary Clinton, Political Campaigns, Political Candidates

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How to Protect Corporate Attorney-Client Privilege – Defense Fails in Sex Discrimination Case

Last month, a Pennsylvania federal judge rejected a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee…more

Attorney-Client Privilege, Employer Liability Issues, Rules of Professional Conduct, Sex Discrimination

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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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Forgery May Not Constitute “Theft” Under an Employee Dishonesty Coverage

Ruling in favor of the insurer on a motion for summary judgment, on July 29, 2016 the Fifth Circuit Court of Appeals held that under the terms of a commercial crime policy, proof of a forgery by the insured’s employee in…more

Appeals, Breach of Contract, Commercial Crime Insurance Polices, Corporate Counsel, Employees

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In Suing Commonwealth of PA, Clean Air Council Takes A Stand For Up-To-Date Building Codes

There is a war on building codes across the United States, and Pennsylvania is ground zero. After years of regular building code updates, a law was passed in 2011 (Act 1) at the urging of the Pennsylvania Builders…more

Building Codes, Construction Industry, New Legislation, Real Estate Development

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Texas PUC to Submit Proposed Rules for Adoption

In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to…more

Consumer Utility Costs, Public Utilities Commission, Utilities Sector, Wastewater, Water Supplies

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Pennsylvania Supreme Court Rules Statutory Bad Faith Claims are Assignable

On December 15, 2014, the Supreme Court of Pennsylvania held, in a 5-1 decision, that bad faith claims brought pursuant to 42 Pa. C.S. § 8371 may be assigned by an insured to an injured third party under Pennsylvania law. See…more

Allstate, Assignments, Bad Faith, Insurance Litigation

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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, Corporate Officers, Directors, Investors, Shareholders

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Courts: We Hear No Suit Based on Cyber Crime Before its Time

Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach…more

Actual Damages, Confidential Information, Cyber Crimes, Data Breach, Standing

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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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New Partnership Audit Rules Require Careful Review of Partnership and LLC Agreements

If you are a partner of a partnership or a member of a limited liability company (LLC) taxed as a partnership, or are entering into a new partnership or LLC, you may have some important decisions to make in light of impending…more

Audits, Bipartisan Budget, Corporate Counsel, IRS, LLC

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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

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Phishing and Spoofing Scams — A Few Tips to Protect Yourself and Your Business

The phone rings. The caller ID says it’s your attorney’s office. When you answer, you are told you owe your attorney additional money and are directed to call a toll-free number. When you call the number, you are told how to…more

Cyber Crimes, Cybersecurity, Data Security, Phishing Scams, Popular

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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

See All Updates »

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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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

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China Loses Claims to the South China Sea in Landmark Decision

On Tuesday, China received a binding decision from the Permanent Court of Arbitration at The Hague, Netherlands, regarding territorial claims in the South China Sea. The international tribunal ruled unanimously that China’s…more

China, Energy Exploration, Environmental Violations, Fishing Industry, Navigable Waters

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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

See All Updates »

New York Court of Appeals Rejects Litigation Science under Frye Standard

Put quotes around the phrase “litigation science” and Google it. Go ahead, we’ll wait. . . . . What did you find? Not good, right. You found a lot. Too much. The first Google page alone shows how controversial this subject…more

Birth Defects, Daubert Standards, Evidence, Expert Testimony, Kelly-Frye Test

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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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Policy Limit demands + Quirke Legal Issues = Call Lawyer

The recent California decision Barickman v. Mercury Casualty Company, 2016 WL 3975279, (Calif. App. – July 25, 2016), previously reported in Cozen’s bad faith blog on July 28, 2016, is worth revisiting on a bigger picture issue…more

Insurance Litigation, Policy Limits, Restitution, Settlement Negotiations

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NLRB Decides Private University Teaching and Research Assistants Can Unionize

Continuing a recent trend of upending long-standing decisions, the National Labor Relations Board ruled yesterday that student teaching and research assistants at private colleges and universities are statutory employees who can…more

Colleges, Educational Institutions, Graduate Students, NLRA, NLRB

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Overview of Chinese Insurance Law

As global insurers continue to penetrate the Chinese market, our offices are seeing an ever increasing number of Chinese law related inquiries, including in the fields of credit and political risk, property and other lines…more

China, Condition Precedent, Confidential Information, Duty to Disclose, Exemptions

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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 »

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

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

Department of Transportation (DOT), Hazardous Substances, Oil & Gas, Railways

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Group Homes Were Not Charitable

A panel of the Commonwealth Court of Pennsylvania held that group homes maintained by a nonprofit for persons with intellectual disabilities were not entitled to real estate tax exemptions as charities. ARC Human Services, Inc…more

Non-Profits, Property Tax, Tax Exemptions

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

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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

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DOL Issues Final Rule on FLSA Overtime Rules: Action Items for Employers

This week the U.S. Department of Labor (DOL) released final regulations regarding the Fair Labor Standards Act’s (FLSA) executive, administrative and professional overtime exemptions, also known as the “white collar” exemptions…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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Tax Law Hampering Airport Improvements, Government Accountability Office Finds

Since 1970, the federal Airport and Airway Trust Fund (referred to as the Aviation Trust Fund) has been an important source of finance for airport improvements. But the fund has dwindled thanks to a 2006 law, passed to quell…more

Airports, Aviation Industry, Aviation Trust Fund, Federal Funding, Fraud

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Civil Seizure to Dominate Litigation Under the Defend Trade Secrets Act

With a stroke of the pen, President Obama signed into law the first-ever federal trade secrets regime, opening federal courthouse doors to all trade secrets litigants. While federal subject matter jurisdiction is widely heralded…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Private Right of Action

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Recent Washington Decisions Illustrate Need to Handle Property Claims in Timely Manner

An issue that often arises in the context of property insurance is whether a carrier’s delay in adjusting a claim can create a basis for a viable bad faith claim.  The law in each state is different and the prudent practice is…more

Adjustment of Status, Bad Faith, Delay Claims, Insurance Industry, Property Insurance

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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

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August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements…more

Air Carriers, Airlines, Airports, Amazon, Applications

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NLRB Decides Private University Teaching and Research Assistants Can Unionize

Continuing a recent trend of upending long-standing decisions, the National Labor Relations Board ruled yesterday that student teaching and research assistants at private colleges and universities are statutory employees who can…more

Colleges, Educational Institutions, Graduate Students, NLRA, NLRB

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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

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

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Unanimous Washington Supreme Court: No Coverage for Water Damage to Vacant Building

The Washington Supreme Court, often described as pro-policyholder, issued a unanimous decision in favor of an insurance company on June 9, 2016: Lui v. Essex Insurance Company, No. 91777-9 (Wash., Jun. 9, 2016). Addressing a…more

Endorsements, Policy Exclusions, Property Damage, Vacant Properties, WA Supreme Court

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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

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When Does a Defendant Have Standing to Challenge an Attorney Fee Award?

The class action has settled. There is a possibility that a portion of the settlement fund, if otherwise unclaimed, will ultimately revert to the defendant. Does this possibility give the defendant standing to object to class…more

Appeals, Attorney's Fees, Class Action, Corporate Counsel, Reversionary Rights

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Overview of Chinese Insurance Law

As global insurers continue to penetrate the Chinese market, our offices are seeing an ever increasing number of Chinese law related inquiries, including in the fields of credit and political risk, property and other lines…more

China, Condition Precedent, Confidential Information, Duty to Disclose, Exemptions

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How to Protect Corporate Attorney-Client Privilege – Defense Fails in Sex Discrimination Case

Last month, a Pennsylvania federal judge rejected a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee…more

Attorney-Client Privilege, Employer Liability Issues, Rules of Professional Conduct, Sex Discrimination

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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

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2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the…more

Affordable Care Act, Barack Obama, Big Data, Cybersecurity, E-Verify

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Analysis of Recent Cases Reveals What Justice Garland Could Mean for Employers

Amid a swarm of controversy created by Senate Republicans’ vow to stonewall a hearing or vote on any Supreme Court nominee during this election year, President Obama has nominated Merrick Garland, chief judge of the U.S. Court…more

ADA, Agency Deference, Barack Obama, Corporate Counsel, Employer Liability Issues

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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, Insurance Industry

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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

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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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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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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

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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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DOL Issues Final Rule Providing FMLA Rights To All Workers in Legal Same-Sex Marriages

The Department of Labor issued its Final Rule on Family Medical Leave Act (FMLA) rights on February 25, joining the Internal Revenue Service in adopting the “place of celebration”/“state of celebration” test. By virtue of this…more

DOL, FMLA, Leave of Absence, Medical Leave, Same-Sex Marriage

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Texas 5th Circuit Holds Settlement for Less than Policy Limits Did Not Exhaust Primary Policy

In a recent decision, the Fifth Circuit held that a primary policy was not exhausted, after the primary insurer made settlement payments that did not exceed the primary policy limits, even though the insured contributed amounts…more

Denial of Insurance Coverage, Excess Policies, Exhaustion Doctrine, Insurance Litigation, Policy Limits

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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

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Contact

1900 Market Street
Philadelphia, PA 19103, United States

  • (215) 665-2000
  • (215) 665-2013

Areas of Practice
  • Agriculture
  • Antitrust & Trade Regulation
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Other U.S. Locations
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Number of Attorneys

400+ Attorneys

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