Cozen O'Connor

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

OTDP After PTA: What You Need to Know

The Federal Circuit just rendered a decision In re Cellect, LLC, Case Nos. 2022-1293; -1294; -1295; -1296 (Fed. Cir. Aug. 28, 2023), which raises potential validity issues where multiple patents by the same Applicant have claims…more

Obviousness, OTDP, Patent Expiration, Patent Invalidity, Patent Litigation

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New Jersey Privacy Law

On January 16, Governor Murphy signed legislation requiring legal entities who collect consumer information to make certain disclosure to consumers. The law further requires that businesses provide consumers with an option to…more

Consumer Fraud, Consumer Privacy Rights, Customer-Loyalty Programs, Data Protection, Governor Murphy

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USCIS Fee Increase: What You Need to Know to Plan Your 2024 Immigration Budget

Starting April 1, 2024, United States Citizenship and Immigration Services (USCIS) will implement a meaningful fee increase, the first increase since 2016. Numerous case types and specific forms will receive significant fee…more

EB-5, Filing Fees, Form I-129, H-1B, I-140

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New York Assembly Passes Bill to Ban Non-Competes

On June 20, 2023, the New York State Assembly passed S3100A (Ryan)/A1278B (Joyner) on non-compete agreements and certain restrictive covenants. All Democratic Senators and all but eight Democratic Assembly members voted for the…more

Employment Contract, New York, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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Trump vs. Biden: HEALTH CARE POLICY

While the policy and politics of health care have dominated the last several election cycles, never have they been so prominent as they are today. As the country continues to battle COVID-19, there are now health care…more

Donald Trump, Drug Pricing, Health Insurance, Healthcare Reform, Joe Biden

See all updates »

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

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

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

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Pennsylvania Support Changes

January 1, 2022 saw the changes made pursuant to Pennsylvania’s quadrennial review of child support go into effect. While most of the changes and updates were minor, there are some that may impact existing child support orders…more

Child Support, Child Support Modification, Divorce, PA Supreme Court, Pennsylvania

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Virginia General Assembly Approves Legalization of Marijuana

Simple possession of marijuana, up to one ounce, by adults 21 and older, will now be legal in Virginia beginning July 1, 2021. On April 7, the Democratic controlled Virginia General Assembly approved Governor Ralph Northam’s…more

Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Related Businesses, Medical Marijuana

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State AG Pulse | AGs Clock In On Wages

State AGs’ authority is by no means limited to their more traditional jurisdictions - consumer protection, privacy, and antitrust - as several recent actions by state AGs in the labor and employment arena clearly demonstrate. In…more

Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification, State Attorneys General

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FY25 New York State Budget Update

Monday evening, Governor Hochul announced the “parameters of a conceptual agreement” on the budget. Some highlights of the announced $237B budget are below: Housing - •NYC - •New 485-a incentive to build housing and 6-year…more

Affordable Housing, Asylum, Healthcare, New York, Public Safety

See all updates »

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex. 2019),…more

Appellate Courts, Appraisal Awards, Attorney's Fees, Insurance Code, Insurance Litigation

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Illinois Shuts Down Most Gatherings, Expands Unemployment Benefits

Following on the heels of Illinois executive orders closing all public and private schools and limiting gatherings of 1,000 or more people, on March 16, 2020, the governor of the state of Illinois issued yet another executive…more

Coronavirus/COVID-19, Emergency Management Plans, Event Cancellation, Executive Orders, Infectious Diseases

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California Appellate Court Greenlights Enforcement of Privacy Regulations

Since late June 2023, the California Privacy Protection Agency (CPPA) has been prohibited by court order from enforcing the regulations it finalized on March 29 of last year. According to that ruling, because the text of the…more

California, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights

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Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024

On January 1, 2024, the hourly minimum wage for certain federal contractor employees will increase to $17.20, according to a Notice issued by the Wage and Hour Division of the United States Department of Labor (DOL) and…more

Davis-Bacon Act, Department of Labor (DOL), Executive Orders, Federal Contractors, Federal Property and Administrative Services Act (FPASA)

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Effects of COVID-19 Emergency on Canadian Civil Procedures and Limitation Periods

The emergency measures that have been taken across the provinces to address the COVID-19 crisis have significantly impacted our court systems. Here is how recent developments may affect your subrogated claims…more

Canada, Coronavirus/COVID-19, Courthouses, Emergency Management Plans, Judicial Proceedings

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The SEC Adopts Rule 15c2-12 Amendments Regarding Material Financial Obligations: Some Initial Q&A

Recent Rule 15c2-12 Amendments - The Securities and Exchange Commission (the SEC) on August 20, 2018, announced that it has adopted amendments (the 2018 Amendments) to Rule 15c2-12 of the Securities Exchange Act of 1934. The…more

EMMA, Rule 15c2-12, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Trump vs. Biden: HEALTH CARE POLICY

While the policy and politics of health care have dominated the last several election cycles, never have they been so prominent as they are today. As the country continues to battle COVID-19, there are now health care…more

Donald Trump, Drug Pricing, Health Insurance, Healthcare Reform, Joe Biden

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Newly Issued Mandatory Advice Submissions List Reveals NLRB GC’s Priorities

Peter Robb, confirmed last month as the general counsel of the National Labor Relations Board, issued a memorandum on December 1 that serves as a valuable heads up to both employers and unions as to what we might expect during…more

NLRB, NLRB General Counsel, Unions

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Employment Law Now VI-118 - Overturning Roe v. Wade and the Impact on Employers and Employees

In today's episode, Michael Schmidt offers the takeaways from the Supreme Court's June 2022 Dobbs decision overturning Roe v. Wade, and is joined by his Cozen O'Connor colleagues for a roundtable discussion on the impact of the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Liability Issues, Pregnancy

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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, FRCP 23(f)

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Landmark Cannabis Legislation Approved by Judiciary Committee

On Wednesday, November 20, 2019, the House Judiciary Committee approved, by a vote of 24 to 10, a bill that is being referred to by many advocates as a landmark bill for the cannabis community. This bill, titled the Marijuana…more

Cannabis Products, Controlled Substances Act, Decriminalization of Marijuana, Marijuana, SAFE

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SEC Adopts Final Private Fund Adviser Rules

On August 23, 2023, the Securities and Exchange Commission (SEC) voted three to two (Commissioners Peirce and Uyeda dissenting) to adopt new and amended rules (Final Rules) under the Investment Advisers Act of 1940 (Advisers…more

Audits, Clawbacks, Final Rules, Investment Adviser, Investment Advisers Act of 1940

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Coca-Cola Dodges Privacy Class Action

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

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

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Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction

Generally, Pennsylvania’s private prompt payment act, the Contractor and Subcontractor Payment Act, (CASPA) does not apply to improvements to real property that consists of six or fewer residential units. But, in a recent issue…more

Breach of Contract, CASPA, Collateral Estoppel, Construction Contracts, Construction Industry

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Is there CGL Coverage for Cyber Breach Claims?

The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial…more

Class Action, Commercial General Liability Policies, Cyber Insurance, Data Breach, Home Depot

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Update on California Fires

Woolsey Fire - Fire Status Update and Investigation - The Woolsey Fire erupted at approximately 2:24 p.m., on November 8, 2018, near the intersection of E. Street and Alfa Road near the Santa Susana Field Laboratory…more

Insurance Industry, Natural Disasters, Wildfires

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Montana: Settlement Without Defending Insurer Is Not Presumptively Reasonable

In Draggin' Y Cattle Co., Inc. v. Junkermier, Clark, Campanella, Stevens, P.C., --- P.3d ---, 2019 MT 97 (Mont. 2019), the Montana Supreme Court held that where an insurer is defending, a settlement by the insured and the…more

Bad Faith, Insurance Industry, Insurer Liability, MT Supreme Court

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USCIS Fee Increase: What You Need to Know to Plan Your 2024 Immigration Budget

Starting April 1, 2024, United States Citizenship and Immigration Services (USCIS) will implement a meaningful fee increase, the first increase since 2016. Numerous case types and specific forms will receive significant fee…more

EB-5, Filing Fees, Form I-129, H-1B, I-140

See all updates »

Mayor’s Proposal to Expedite Environmental Review for Certain Housing Scheduled for Public Hearings

Building on its “Get Stuff Built” plan, Mayor Eric Adams’ administration has proposed amendments to the Rules of the City of New York that would remove layers of environmental review for certain residential developments. The…more

Affordable Housing, Department of Environmental Protection, Housing Developers, Mayors, New York

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Corporate Transparency Act: anche gli USA impongono l’obbligo di comunicare i titolari effettivi

Il 1° gennaio 2024 entrerà in vigore negli Stati Uniti il Corporate Transparency Act (CTA), un nuovo regolamento adottato dal Financial Crimes Enforcement Network dell’U.S. Department of Treasury (FinCEN) con lo scopo di…more

Anti-Money Laundering, Beneficial Owner, CEOs, CFOs, Corporate Transparency Act

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COVID Cash Crunch: Options for Reorganizing or Winding Down Your Company in Illinois

The financial distress caused by the COVID-19 pandemic has left many companies reeling. With no clear end in sight, the bad news is that some businesses will be forced to pursue options for winding down or reorganizing…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Coronavirus/COVID-19, Financial Distress

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Getting Ready for Canada’s Upcoming Ban on Wage-Fixing & No-Poach Agreements

Wage-fixing and no-poach agreements will be illegal and subject to criminal penalties and damages actions in Canada as of June 23, 2023, as part of a package of amendments to the Competition Act passed in 2022. The new…more

Canada, Competition Act, Corporate Counsel, Franchises, Independent Contractors

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Transitioning for the End of LIBOR

In July 2017, Andrew Bailey, chief executive of the UK Financial Conduct Authority (FCA), announced that by the end of 2021, the FCA would no longer seek to compel or persuade panel banks to submit quotes for LIBOR…more

Benchmarks, Consumer Financial Products, Financial Conduct Authority (FCA), Financial Services Industry, Interest Rates

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The Department of Justice Announces the First-of-its-Kind Cryptocurrency Enforcement Framework

On October 8, 2020, Attorney General William Barr announced the release of a Cryptocurrency Enforcement Framework produced by the Department of Justice (DOJ) Cyber-Digital Task Force. The 83-page framework is intended to help…more

AML/CFT, Anti-Money Laundering, Blockchain, BSA/AML, Corruption

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New York Enacts LLC Transparency Act, Requiring LLCs to Disclose Beneficial Owners

The federal Corporate Transparency Act (CTA) is not the only legislation that will be effective in 2024, requiring the disclosure of beneficial owners. On December 22, 2023, New York’s governor, Kathy Hochul, signed the New York…more

Beneficial Owner, Corporate Governance, Corporate Transparency Act, Limited Liability Company (LLC), Money Laundering

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Don’t Leave A Prenup Off Of Your Wedding Checklist

Now that Valentine’s Day is past and Spring is almost upon us, many couples are starting to plan or are in the midst of preparation for their upcoming nuptials. While the focus is usually on the event itself, couples often start…more

Alimony, Divorce, Marital Assets, Marriage, Prenuptial Agreements

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SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains a…more

401k, 403(b) Plans, Automatic Enrollment, Consolidated Appropriations Act (CAA), Employee Benefits

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Broad Street Brief: Councilmember Gilmore-Richardson Pushes for Greener City Buildings

Councilmember Gilmore-Richardson Pushes for Greener City Buildings Philadelphia’s new public buildings may soon be held to a higher environmental standard than before. Councilmember Gilmore-Richardson introduced new legislation…more

American Rescue Plan Act of 2021, City Councils, City Planning Departments, Coronavirus/COVID-19, School Districts

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New Jersey Eliminates S Election as of December 22, 2022

New Jersey will automatically treat federal S corporations as New Jersey S corporations, effective for periods beginning on or after December 22, 2022. Historically, the New Jersey Division of Revenue and Enterprise Services…more

Business Taxes, C-Corporation, Federal Taxes, Mergers, New Jersey

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NY Appellate Court: Liability Insurer Cannot Recover Defense Costs Absent Express Policy Provision

Given the breadth of the duty to defend, liability insurers often must defend insureds against claims that do not ultimately trigger the duty to indemnify. In some states, an insurer can offer a defense under a reservation of…more

Consumer Insurance Products, Duty to Defend, Duty to Indemnify, Insurance Claims, Legal Costs

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California Wildfire Alert - Mill Fire and Fairview Fire

Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity, and we are actively…more

California, Insurance Claims, Insurance Industry, Property Insurance, Wildfires

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Coronavirus and Commercial Real Estate Leases

This Alert is part one in a series of articles intended to examine the effect of the novel coronavirus (COVID-19) outbreak in the United States and its effect on commercial real estate assets whose tenant occupants are…more

Business Disruption, Commercial Leases, Commercial Real Estate Contracts, Contract Terms, Coronavirus/COVID-19

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California Wildfire Alert - Mill Fire and Fairview Fire

Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity, and we are actively…more

California, Insurance Claims, Insurance Industry, Property Insurance, Wildfires

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SEC Adopts Amendments to MD&A and Other Financial Disclosures

On November 19, 2020, by a three-to-two vote, the Securities and Exchange Commission (SEC) voted to adopt amendments to Regulation S-K in an effort to modernize, simplify, and enhance certain financial disclosures. The SEC…more

Corporate Governance, Disclosure Requirements, Financial Regulatory Reform, MD&A Statements, Publicly-Traded Companies

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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, Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC), Gun Laws

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Trump vs. Biden: HEALTH CARE POLICY

While the policy and politics of health care have dominated the last several election cycles, never have they been so prominent as they are today. As the country continues to battle COVID-19, there are now health care…more

Donald Trump, Drug Pricing, Health Insurance, Healthcare Reform, Joe Biden

See all updates »

Lahaina, Hawaii Wildfire Alert

On August 8, 2023, a wildfire exploded on the west coast of Maui and quickly spread due to high winds. The fire’s ignition was just to the east of the historic town of Lahaina (affectionately referred to by locals as…more

Fires, Hawaii, Insurance Claims, Insurance Industry, Natural Disasters

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Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies

Pennsylvania Governor Tom Wolf, in his 2021 budget address on February 3, 2021, again pressed the Pennsylvania Legislature to legalize adult-use recreational marijuana. His recommendation stems from a report by Lieutenant…more

Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies, Labor Regulations

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Recent OSHRC Decisions Reinforce The Principle That Unsafe Employee Conduct May Mitigate Against Reasonable Employer Safety Precautions In The Context Of OSHA Citations

On September 21, 2020, the Occupational Safety and Health Review Commission (OSHRC) unanimously vacated two machine-guard citations levied against employers by the Occupational Safety and Health Administration (OSHA) and…more

Employer Liability Issues, OSHA, OSHRC, Risk Management, Workplace Hazards

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Wisconsin Modifies Civil Procedure, Limits Discovery, and Reduces Repose Period for Improvements to Realty

Typically, the Wisconsin Supreme Court proposes new rules of civil procedure and submits them to the Wisconsin Judicial Council for review and comment. After receipt of comments from the Judicial Council, the Supreme Court is…more

Discovery, Federal Rules of Civil Procedure, Statute of Repose, Subrogation, WI Supreme Court

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Zoning Hurdles for Budding Pennsylvania Cannabis Businesses

The Pennsylvania Medical Marijuana Act (Act 16) establishes three different categories of permits for operators: (1) grow/process permits, (2) dispensary permits, and (3) clinical registrant permits. A limited number of clinical…more

Medical Marijuana, Permits, Zoning Laws

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Ninth Circuit Nixes California’s AB 51, Reopening the Door for Mandatory Employment Arbitration

Earlier this week, a Ninth Circuit panel ruled, in the case of Chamber of Commerce of the United States of America v. Bonta, that California’s Assembly Bill (AB) 51, which had forbidden California employers from requiring…more

Arbitration Agreements, California, Federal Arbitration Act, Mandatory Arbitration, State and Local Government

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Michigan Dam Collapses

On May 19, 2020, at 5:46 p.m., a dam on the Tittabawassee River in Edenville, Michigan collapsed. The resulting floodwaters devastated the cities of Edenville and Midland and damaged or destroyed hundreds of properties…more

Construction Defects, Dams, Flood Control, Flooding, Gross Negligence

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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, Creditors, Fraudulent Transfers

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Coastal Communities Require Permits from Coastal Commission and from HCD for Mobile Home Construction

In a landmark ruling last week, the California Court of Appeal held that park owners and residents in coastal manufactured housing communities must obtain permits from the California Coastal Commission (CCC), as well as from the…more

Building Permits, California Coastal Commission, Coastal Real Estate, Manufactured Housing, Real Estate Development

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Fifth Circuit Refuses to Enforce the NLRB’s Ban on Uniform Requirements

The Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board is a victory for employers seeking to enforce their uniform requirement without fear of running afoul of federal labor laws. The decision affirms an…more

Dress Codes, Labor Relations, NLRA, NLRB, Tesla

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The Ins and Outs of Convertible Debt

Congratulations! Your startup has developed a viable product that you are ready to test in the market. But you need some early money to fund this critical phase! Convertible debt can allow a startup to raise money with more…more

Borrowers, Conversion, Convertible Debt, Discounts, Equity Securities

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FY25 New York State Budget Update

Monday evening, Governor Hochul announced the “parameters of a conceptual agreement” on the budget. Some highlights of the announced $237B budget are below: Housing - •NYC - •New 485-a incentive to build housing and 6-year…more

Affordable Housing, Asylum, Healthcare, New York, Public Safety

See all updates »

Under Texas Law, No Tender Means No Obligation To Defend

The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands a…more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Notice Requirements

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1.56 Million Additional Gree Manufactured Dehumidifiers Recalled for Fire Hazards

The use of portable dehumidifiers poses a significant fire risk, as almost every major dehumidifier brand has been recalled in the last 10 years. Approximately 10 million dehumidifiers have been recalled in the last 10 years…more

Fires, Insurance Claims, Insurance Industry, Product Recalls, Property Damage

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Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them

On June 24, 2019, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Assoc., Inc., Case No. 17SC583, 2019 WL 2571645 (Colo. June 24, 2019), holding that when parties invoke an…more

Appraisal Clauses, CO Supreme Court, Condominium Associations, Insurance Industry

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SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains a…more

401k, 403(b) Plans, Automatic Enrollment, Consolidated Appropriations Act (CAA), Employee Benefits

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State AG Pulse | High Profile Candidates, Big Issues Dominate in the NC Race

In our second State AG Pulse episode in season 4, Stephen Cobb talks North Carolina politics with Swain Wood, former North Carolina Chief Deputy AG, and WRAL correspondent, Will Doran. They consider the local and national issues…more

Political Campaigns, Political Candidates, State and Local Government, State Attorneys General, State Elections

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FDA Issues Final Guidance on “Labeling for Biosimilar Products”

The FDA’s final “Labeling for Biosimilar Products Guidance for Industry” (Final Guidelines) should be viewed as a clear effort to boost timely access to biosimilars, drive down costs of existing biologics, and increase…more

Biosimilars, Food and Drug Administration (FDA), Labeling, Pharmaceutical Industry

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New Jersey Appellate Division Rules Insurers Not Obligated to Cover Certain Business COVID-19 Related Losses

A recent New Jersey Appellate Division ruling follows the general trend nationally in which courts are, by and large, rejecting insureds’ claims for coverage for business income losses due to government orders related to…more

Business Interruption, Business Losses, Civil Authority Coverage, Commercial Insurance Policies, Coronavirus/COVID-19

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SEC Adopts Final Rule for Enhancement and Standardization of Climate-Related Disclosures

On March 6, 2024, almost two years after the Securities and Exchange Commission’s (SEC) proposed amendments “to enhance and standardize climate-related disclosures for investors,” the SEC adopted a final rule on climate-related…more

Administrative Procedure Act, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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Developments in Offshore Wind: Part Two

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the interplay…more

CERCLA, Energy Policy, Infrastructure, Investment Tax Credits, Jones Act

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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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An Election Agenda for Management if Biden Becomes President

Although the election will be the buzz in every workplace for at least the rest of this week, the prospect of a Biden administration has prompted companies and executives to begin planning for significant changes affecting a…more

Biden Administration, Corporate Management, Diversity and Inclusion Standards (D&I), Estate Planning, Federal Labor Laws

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2023 NAAG Capital Forum: AI Front and Center for AGs

From December 5-6, 2023, the National Association of Attorneys General (NAAG) hosted its annual Capital Forum in Washington D.C., marking the organization’s final major event of the year. The forum, attended by 29 AGs from…more

Artificial Intelligence, Healthcare, National Association of Attorneys General (NAAG), Opioid, Professional Conferences

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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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Rethinking Restrictive Covenants: Delaware Courts’ Movement in Favor of the Restricted

In the first half of 2023, the Delaware Chancery Court issued two decisions regarding non-competition and non-solicitation provisions that should make parties carefully consider whether restrictive covenants are appropriately…more

DE Supreme Court, Federal Trade Commission (FTC), Limited Liability Company (LLC), NLRB, Non-Solicitation Agreements

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Corporate Transparency Act—Does It Apply to New York Cooperatives and Condominiums?

The new year rang in new requirements for business entities that are created by the filing of a document with the secretary of state, including cooperatives (coops) and perhaps condominiums (condos), to report personal…more

Beneficial Owner, CEOs, CFOs, Condominiums, Corporate Transparency Act

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Amendment to DGCL §102(b)(7); Expanding Exculpation Rights to Apply to Corporate Officers

For more than 35 years, Section 102(b)(7) of the General Corporation Law of the State of Delaware (DGCL) has permitted a Delaware corporation to include a provision in its certificate of incorporation that eliminates or limits a…more

Board of Directors, Breach of Duty, Corporate Officers, DE Supreme Court, Duty of Care

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Texas Supreme Court Identifies Claims that Survive the Payment of an Insurance Appraisal Award

On June 28, 2019, a divided Supreme Court of Texas issued a pair of important opinions addressing how an insurer’s timely payment of an appraisal award impacts the viability of a policyholder’s contractual and extracontractual…more

Appraisal Awards, Bad Faith, Insurance Industry, Prompt Payment, State Farm

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SEC Proposes Amendments Impacting Beneficial Ownership Reporting

On February 10, 2022, in a 3-1 vote, the U.S. Securities and Exchange Commission (SEC) proposed amendments to Schedules 13D and 13G that govern beneficial ownership reporting. SEC Chair Gary Gensler issued a statement regarding…more

Beneficial Owner, Comment Period, Proposed Amendments, Reporting Requirements, Securities and Exchange Commission (SEC)

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Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction

Generally, Pennsylvania’s private prompt payment act, the Contractor and Subcontractor Payment Act, (CASPA) does not apply to improvements to real property that consists of six or fewer residential units. But, in a recent issue…more

Breach of Contract, CASPA, Collateral Estoppel, Construction Contracts, Construction Industry

See all updates »

Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them

On June 24, 2019, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Assoc., Inc., Case No. 17SC583, 2019 WL 2571645 (Colo. June 24, 2019), holding that when parties invoke an…more

Appraisal Clauses, CO Supreme Court, Condominium Associations, Insurance Industry

See all updates »

State AG Pulse | Swinging Through the Rust Belt, the Sun Belt and the South

In our third State AG Pulse episode in season 4, we spotlight the pivotal Pennsylvania race with the benefit of insights from Cozen Public Strategies’ Jim Davis in Harrisburg and Joe Hill in Philadelphia. Meghan Stoppel and…more

Attorney General, General Elections, Political Campaigns, Political Candidates, Presidential Elections

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Navigating Improved Rules for HVCRE Loans – What You Need to Know

On May 24, 2018, the Economic Growth, Regulatory Relief and Consumer Protection Act (the Economic Growth Act or the Act, as applicable) was signed into law. Section 214 of the Economic Growth Act contains provisions that modify…more

Basel III, Commercial Real Estate Market, Financial Institutions, HVCRE, HVCRE Loans

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COVID-Driven Commercial Litigation – What Businesses Can Expect

As the nation (and much of the world) remains gripped in uncertainty surrounding the COVID-19 pandemic and the impact of the unprecedented measures being taken to combat its spread, one thing appears beyond doubt on the legal…more

Business Litigation, Commercial Contracts, Commercial Court, Contract Terms, Coronavirus/COVID-19

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Deal for Wizards and Capitals is a Major Win for Downtown D.C.

Last week, downtown D.C. received another huge boost when it was announced that Mayor Bowser and Monumental Sports entered into a non-binding agreement that will keep the Washington Wizards and Washington Capitals playing in…more

Affordable Housing, Arenas and Stadiums, Mayors, Office Space, Washington

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PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

PennDOT recently awarded the second phase of a local state highway improvement project to Allan Myers, L.P., one of the top nonunion construction and materials companies building infrastructure projects throughout the…more

Bid Protests, Collective Bargaining Agreements (CBA), Competitive Bidding, Construction Industry, Contractors

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Recent SEC Review of Accredited Investor Definition

The Securities and Exchange Commission (SEC) recently released a staff report reviewing the definition of "accredited investor" in Rule 501(a) of Regulation D under the Securities Act of 1933 (Securities Act), as required at…more

Accredited Investors, Dodd-Frank, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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The Great Repricing: Commercial Real Estate Eyes the Abyss

The U.S. commercial real estate market, valued at $20 trillion in 2021 by some estimates, touches nearly every facet of urban and suburban dwellers’ lives – from where they live (multi-family housing or apartment buildings) to…more

CMBS, Commercial Real Estate Market, Coronavirus/COVID-19, Interest Rates, Loans

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DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations

On February 28, 2024, the U.S. Department of Transportation (DOT) released an advance copy of a Notice of Proposed Rulemaking (NPRM) titled “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs.”…more

Accessibility Rules, Air Carrier Access Act (ACAA), Airlines, Americans with Disabilities Act (ADA), Anti-Discrimination Policies

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SEC Finds 10b5-1 Trading Plan was Misused, Charges Tech Company Executives with Insider Trading

A recent Securities and Exchange Commission (SEC) enforcement action charged two executives with insider trading violations despite the fact that the executives had adopted a purported 10b5-1 trading plan…more

10b5-1 Plans, CEOs, Enforcement Actions, Insider Trading, Securities and Exchange Commission (SEC)

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Florida Enacts Broad Insurance Reforms Focusing on Bad Faith

From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional…more

Bad Faith, Fee-Shifting, Florida, Governor DeSantis, Insurance Industry

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Paycheck Protection Program Extended

The Paycheck Protection Program is scheduled to expire March 31, 2021. However, the program still has a large amount of unspent money, and there is still considerable support for the program in Congress…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Infectious Diseases, Paycheck Protection Program (PPP)

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Illinois to Implement Guaranteed Paid Leave for All Workers

On March 13, 2023, Illinois Governor J.B. Pritzker signed the Paid Leave for All Workers Act (the Act) two months after it passed through the Illinois Legislature. While Chicago and Cook County employers are sure to be familiar…more

Governor Pritzker, New Legislation, Paid Leave, Paid Time Off (PTO), State Labor Laws

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IP Maintenance Payments for Russian Rights

On May 5, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued a new General License (General License No. 31) authorizing certain transactions related to patents, trademarks, and…more

General Licenses, Office of Foreign Assets Control (OFAC), Renewal Fees, Russia, Third-Party

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U.S. Department of Commerce Proposes a New KYC Rule Applicable to U.S. IaaS Providers

On January 29, 2024, the U.S. Department of Commerce’s (Department) Bureau of Industry and Security issued a notice of proposed rulemaking (Proposed Rule) that proposes a new Customer Identification Program (CIP) and other…more

Artificial Intelligence, Beneficial Owner, Bureau of Industry and Security (BIS), Cybersecurity, Foreign Suppliers

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US DOT Updates its Rules Regarding the Disadvantaged Business Enterprise Program

On April 9, 2024, The U.S. Department of Transportation (DOT) announced numerous revisions to its in-place rules for administering its Disadvantaged Business Enterprise (DBE) Program. The new rule follows a Notice of Proposed…more

Department of Transportation (DOT), Design-Build, Equal Opportunities, Federal Contractors, Federal Grants

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SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains a…more

401k, 403(b) Plans, Automatic Enrollment, Consolidated Appropriations Act (CAA), Employee Benefits

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COVID Cash Crunch: Options for Reorganizing or Winding Down Your Company in Illinois

The financial distress caused by the COVID-19 pandemic has left many companies reeling. With no clear end in sight, the bad news is that some businesses will be forced to pursue options for winding down or reorganizing…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Coronavirus/COVID-19, Financial Distress

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New D.C. Law Will Require Disclosure of Ownership of LLCs

If you are considering forming a District of Columbia LLC, already have a District of Columbia LLC, or have an LLC that is doing business in the District of Columbia, a recently enacted law will require disclosure of certain…more

Beneficial Owner, Disclosure Requirements, Limited Liability Company (LLC), Real Estate Development, Regulatory Agencies

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Cozen Cities - April 10, 2024

CHICAGO — Gov. JB Pritzker Announces Plan to Make Chicago Quantum Technology Capital- Illinois Governor JB Pritzker announced a plan to make Chicago a quantum technology capital at M-Hub, a business incubator on Chicago’s Near…more

Affordable Housing, Business Disruption, City Councils, Coronavirus/COVID-19, Economic Development

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Third Circuit Court Opines on Donning and Doffing Under FLSA

In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by employees may be compensable under the Fair Labor Standards Act (FLSA). …more

Appellate Courts, Compensation, Corporate Counsel, De Minimis Claims, Doffing

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Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was Not Liable For $14 M Excess Verdict

On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not liable…more

Appeals, Diversity Jurisdiction, Good Faith, Insurance Industry, Insurance Litigation

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SCOTUS: Denial of Religious Accommodation Requires More Than De Minimis Cost to Employers

Employers faced with an employee’s request for a religious accommodation may no longer use a de minimis increase in cost as a defense for not providing such an accommodation. For the first time since its decision in Trans World…more

Americans with Disabilities Act (ADA), Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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The Roller Coaster Ride of the New White Collar Regulations

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

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Minimum Wage, Over-Time

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New Jersey’s First in the Nation State Environmental Justice Law

On September 18, 2020, New Jersey Governor Phil Murphy signed Senate Bill 232 into law requiring the New Jersey Department of Environmental Protection (NJDEP) “to evaluate the environmental and public health impacts of certain…more

Energy Projects, Environmental Claims, Environmental Policies, Infrastructure, Permits

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Navigating Consumer Refund Demands on Account of the COVID-19 Pandemic

If any events served as harbingers of the oncoming halt of social life as we know it, it may well have been the abrupt, mid-March cancellations of college basketball conference tournaments and interruption of the NBA season…more

Business Interruption, Business Litigation, Coronavirus/COVID-19, Event Cancellation, Event Tickets

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Pennsylanvia Supremes to Decide Whether Actual Cash Value Includes General Contractor Overhead and Profit

Insurance companies may no longer be allowed to rely on clear policy language that expressly excludes general contractor overhead and profit (“GCOP”) from actual cash value payments.  The Pennsylvania Supreme Court recently…more

Breach of Contract, Cash Value, Class Action, General Contractors, Insurance Litigation

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NLRB Makes it Harder to Discipline Employees who Engage in Abusive Behavior

In Lion Elastomers LLC, 372 NLRB No. 83 (5/1/2023)(Lion Elastomers), the National Labor Relations Board (NLRB or Board) revisited the issue of what happens when an employee engages in abusive or inappropriate conduct while also…more

Abusive Acts, Employee Misconduct, Employer Liability Issues, NLRA, NLRB

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Deed in a Box: An Advantageous Loan Workout Method in the Time of the COVID-19 Pandemic

Most real estate attorneys would typically be dismissive of a transaction that places a deed in escrow as collateral for a loan. This is because it is universally known that any loan term that interferes with a borrower’s equity…more

Borrowers, Deeds, Foreclosure, Lenders, Loan Documentation

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Claims Notes: March 2024

After a yacht ran aground, the owner filed a maritime insurance claim. Despite a New York choice of law provision in the insurance policy, the owner contended that Pennsylvania law applied. The Third Circuit had protected the…more

Artificial Intelligence, Auto Insurance, D&O Insurance, Insurance Claims, Insurance Industry

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What Marketers Should Know About the Regulation of CBD-Based Products

The passage of the Agriculture Improvement Act of 2018, commonly known as the Farm Bill, removed hemp and all of its cannabinoids, including CBD, from the Controlled Substances Act. Agriculture Improvement Act of 2018, H.R.2,…more

Agricultural Sector, Cannabidiol (CBD) oil, Controlled Substances Act, Farm Bill, Food and Drug Administration (FDA)

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California Time Rounding Policies – The Beginning of the End?

California Courts of Appeal have historically permitted fair and neutral rounding policies which, over a period of time, result in a net surplus of compensation and benefit to the employees collectively. However, Camp v. Home…more

California, Home Depot, Private Attorneys General Act (PAGA), Rounding, State Labor Laws

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Lahaina, Hawaii Wildfire Alert

On August 8, 2023, a wildfire exploded on the west coast of Maui and quickly spread due to high winds. The fire’s ignition was just to the east of the historic town of Lahaina (affectionately referred to by locals as…more

Fires, Hawaii, Insurance Claims, Insurance Industry, Natural Disasters

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State AG Pulse | Swinging Through the Rust Belt, the Sun Belt and the South

In our third State AG Pulse episode in season 4, we spotlight the pivotal Pennsylvania race with the benefit of insights from Cozen Public Strategies’ Jim Davis in Harrisburg and Joe Hill in Philadelphia. Meghan Stoppel and…more

Attorney General, General Elections, Political Campaigns, Political Candidates, Presidential Elections

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The Deductibility of Future Alimony Payments Just Might Depend on the Past

The Tax Cuts & Jobs Act of 2017 eliminated the tax deduction previously allowed for alimony payments effective January 1, 2019.  This meant that alimony payments made pursuant to an agreement executed after December 31, 2018…more

Alimony, Divorce, Income Taxes, IRS, Spousal Support

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Hurricane Harvey Litigation Update: Conflicting Opinions Spur Trial on Damages and Appeal

Litigation arising out of Hurricane Harvey (Harvey) has been ongoing since the first lawsuit was filed within days of Harvey making landfall on August 25, 2017, inundating Houston with an unprecedented amount of rainfall and…more

Bellwether Verdicts, Flood Control, Flooding, Hurricane Harvey, Insurance Claims

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The Duty to Bargain When Reopening

Our May 4, 2020 blog – Employers With Unionized Workforces Need to be Prepared – discussed how employers with collective bargaining agreements (CBA) should start preparing for a union’s response to the Coronavirus (COVID-19)…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, NLRB

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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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Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado

In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy…more

Deductibles, Insurance Claims, Insurance Industry, Insurance Litigation, Natural Disasters

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IP Maintenance Payments for Russian Rights

On May 5, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued a new General License (General License No. 31) authorizing certain transactions related to patents, trademarks, and…more

General Licenses, Office of Foreign Assets Control (OFAC), Renewal Fees, Russia, Third-Party

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Harmony at Last? – Coast Guard Takes Steps to Embrace State Titling Laws

On September 22, 2021, the U.S. Coast Guard published a Notice of Proposed Rulemaking (NPRM), which would implement various changes relating to the certification of states’ titling systems for undocumented vessels. The NPRM aims…more

Coast Guard, Maritime Liens, Maritime Transport, Mortgages, NPRM

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Brooklyn Development Roadmap 2023

While the New York City real estate market has never been for the faint-hearted or undercapitalized, the combination of post-pandemic shifts in office demand and high interest rates has made this the most challenging era since…more

Affordable Housing, Interest Rates, Light Rail, Multi-Family Development, Multi-Family Housing

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The Clock Is Ticking on Estate and Gift Planning

November’s election results could have a profound effect on the estate and gift tax laws. Among a number of significant issues are..…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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8th Circuit Reverses to Uphold Successor Liability Defense, Highlighting The Importance of Consistent, Clear Descriptions Of Acquisitions To Avoid the de facto Merger Exception

On April 5, the Court of Appeals for the Eighth Circuit wiped out a jury verdict in a products liability action and $13 million punitive damages award against a manufacturer and its wholly owned subsidiary on the basis that the…more

Acquisitions, Estoppel, Jury Verdicts, Mergers, Product Defects

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HHS Proposes $9 Billion Lump Sum Payment for Hospitals to Remedy Unlawful 340B Payment Reductions

On Friday, July 7, 2023, the Centers for Medicare & Medicaid Services (CMS) published their long-awaited proposed remedy to the unlawful 340B drug payment reductions. Background: In 2018, CMS significantly reduced the Average…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Hospitals, Medicare, OPPS

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DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations

On February 28, 2024, the U.S. Department of Transportation (DOT) released an advance copy of a Notice of Proposed Rulemaking (NPRM) titled “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs.”…more

Accessibility Rules, Air Carrier Access Act (ACAA), Airlines, Americans with Disabilities Act (ADA), Anti-Discrimination Policies

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How Can Boards of Coops and Condos Prevent Fires and Other Injuries Due to Electrical Vehicles and Similar Devices?

In recent months, there has been a dramatic increase in fires resulting from faulty or malfunctioning lithium-ion batteries and chargers used in e-bikes, e-scooters, and other electronic mobility devices…more

Batteries, Condominiums, Electric Vehicles, Lithium Batteries, Public Safety

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California Adopts Emergency Cannabis Regulations

California’s Bureau of Cannabis Control has announced that on February 1, 2021, the Office of Administrative Law approved the adoption of emergency regulations implementing processes for cannabis businesses to authorize the…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Financial Institutions, Financial Services Industry, Information Sharing

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Federal Legislators Introduce the American Privacy Rights Act

A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. On April 7, 2024, House Energy and Commerce chair Rep. Cathy McMorris Rogers (R-WA) and Senate…more

California Consumer Privacy Act (CCPA), Communications Act of 1934, Consumer Privacy Rights, Data Privacy, Federal Trade Commission (FTC)

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Policy Alert – Subcontractor Protections Bill

On February 8, 2024, City Councilmember Jim Harrity (At Large) reintroduced legislation that would implement new protections for building service workers, including subcontracted workers, who are “displaced” when the properties…more

Janitorial Services, Layoffs, Notice Requirements, Office Space, Subcontractors

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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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Post-Abandonment Practice and Avoiding Inequitable Conduct

Patent prosecution costs can weigh heavily on cash-strapped clients, who may still face USPTO rejections after spending significant money. Unfortunately (and often), cash-strapped clients are not responsive. And to be fair, even…more

Abandonment, Inequitable Conduct, Patent Applications, Patent Litigation, Patents

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May 2018 Update on Significant DOT, FAA, and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the U.S. House of Representatives’ passage of a five-year Federal Aviation Administration (FAA) reauthorization bill, the FAA’s Airworthiness Directives…more

Airlines, Aviation Industry, Department of Homeland Security (DHS), Department of Transportation (DOT), Federal Aviation Administration (FAA)

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Congress Offers Limited Monetary Relief to Certain Defense Contractors Battling Inflation

As part of the FY23 National Defense Authorization Act (NDAA) passed in December 2022, Congress granted the Department of Defense (DoD) new authority to modify existing fixed-price contracts to compensate defense contractors for…more

Department of Defense (DOD), Federal Contractors, Fixed Price Contracts, General Services Administration (GSA), NDAA

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Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs

Michael Schmidt is joined by a panel that includes EEOC Commissioner Andrea Lucas and Cozen O'Connor Labor & Employment Attorneys Debra Friedman and Alan Pittler to discuss the Supreme Court's June 29, 2023 decision on…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Diversity and Inclusion Standards (D&I)

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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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Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation - Winter 2024

Whistleblower Watch is a comprehensive source for all False Claims Act (FCA) news and information. Every quarter, Cozen O’Connor will provide in-house counsel and compliance professionals with a summary of the most notable FCA…more

Anti-Kickback Statute, CIGNA, Department of Justice (DOJ), False Billing, False Claims Act (FCA)

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SEC Finds 10b5-1 Trading Plan was Misused, Charges Tech Company Executives with Insider Trading

A recent Securities and Exchange Commission (SEC) enforcement action charged two executives with insider trading violations despite the fact that the executives had adopted a purported 10b5-1 trading plan…more

10b5-1 Plans, CEOs, Enforcement Actions, Insider Trading, Securities and Exchange Commission (SEC)

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The Ever Evolving Regsitrability of Trademarks for CBD Products

Examining attorneys at the U.S. Patent and Trademark Office (USPTO) are citing a recent 2020 decision by the Trademark Trial and Appeal Board (TTAB) to support the position that trademarks for many products (particularly…more

Cannabidiol (CBD) oil, Cannabis Products, FDA Approval, Federal Food Drug and Cosmetic Act (FFDCA), Intellectual Property Protection

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CMS Approves Medicaid Waiver Requiring “Community Engagement”

As a first in the history of the Medicaid program, the Centers for Medicare & Medicaid Services (CMS) approved, on January 12, 2018, Kentucky’s section 1115 waiver application that imposes on many beneficiaries a “community…more

Beneficiaries, Centers for Medicare & Medicaid Services (CMS), Medicaid, State and Local Government

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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, Federal Trade Commission (FTC)

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Final Rules on Special Purpose Acquisition Companies, Shell Companies, and Projections

On January 24, 2024, the Securities and Exchange Commission (SEC) adopted the final rules intended to augment investor protections in initial public offerings by special purpose acquisition companies (SPACs) and in subsequent…more

Emerging Growth Companies, Financial Statements, General-Business, Initial Public Offering (IPO), Private Securities Litigation Reform Act of 1995

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New Congress, New Investigations

Early Saturday morning, after 15 rounds of voting, Kevin McCarthy (R-Calif. 20th District) finally clinched the speaker’s gavel and swore in members of the 118th Congress. The Republican-led Congress ushers in a new period of…more

Civil Liberties, Coronavirus/COVID-19, Department of Justice (DOJ), Donald Trump, FBI

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BCSC Guidance on Joint Actors in Proxy Contests and Early Warning Disclosure Requirements

On December 22, 2023, the British Columbia Securities Commission (the BCSC) rendered a decision in NorthWest Copper Corp. (Re) clarifying when parties are considered to be “acting jointly or in concert” and the appropriate…more

Beneficial Owner, British Columbia Securities Commission (BCSC), Canada, Disclosure Requirements, Early Warning Regime

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Post-Abandonment Practice and Avoiding Inequitable Conduct

Patent prosecution costs can weigh heavily on cash-strapped clients, who may still face USPTO rejections after spending significant money. Unfortunately (and often), cash-strapped clients are not responsive. And to be fair, even…more

Abandonment, Inequitable Conduct, Patent Applications, Patent Litigation, Patents

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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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Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor…more

Alcohol Testing, Commercial Truck Drivers, Department of Transportation (DOT), Drug Testing, Employer Liability Issues

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Know Thyself (And Thy Own Discovery Obligations) -- A Case Law Update

A recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian: the judge denied the motion, finding it was the movant’s burden to…more

Business Disputes, Business Litigation, Custodians, Discovery, Document Productions

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New Laws on Independent Contractors Could Be Coming to a City and State Near You

Following in the footsteps of California, New York and Illinois are proposing their own versions of Assembly Bill 5 (AB5). The result could be a dramatic shift in how workers are classified. While these laws are intended to…more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Minimum Wage

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Employment Law Now VI-113 - Panel Discussion on Significant Equal Pay Legislation

Equal pay issues are becoming more prominent across the country, and significant new legislation in Illinois is worth noting (whether or not the company does business there). Joining Michael Schmidt to discuss the law and its…more

Equal Pay, Illinois, New Legislation, State Labor Laws, Wage and Hour

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Pennsylvania District Court Finds No Coverage for Foreseeable Damages to Third-Party Property Caused By Faulty Workmanship

In Berkley Specialty Ins. Co. v. Masterforce Constr. Corp., No. 4:19-CV-01162, 2021 U.S. Dist. LEXIS 14006 (M.D. Pa. Jan. 26, 2021) (Brann, J.), the Court recently concluded that, under Pennsylvania law, all reasonably…more

Commercial General Liability Policies, Construction Defects, Construction Project, Denial of Insurance Coverage, Duty to Defend

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Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those discussed…more

Florida, Governor DeSantis, Insurance Claims, Investigations, Property Improvements

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CFTC Issues New Guidance Prioritizing Compliance Programs in Enforcement Decisions

On September 10, 2020, the Commodity Futures Trading Commission (the CFTC) issued a new guidance memorandum outlining factors that the Division of Enforcement (the division) will consider when evaluating compliance programs in…more

CFTC, Commodity Exchange Act (CEA), Cooperative Compliance Regime, Corporate Misconduct, Enforcement Guidance

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A Third Party in New Jersey May be Unable to Avoid Fee Awards Under an Exception to the American Rule

As a cautionary tale, in Accounteks.Net, Inc. v. CKR Law, LLP, and Christian Montes, the New Jersey Appellate Court ruled on May 9, 2023, that, under an exception to the American Rule, a third party can be liable for attorneys’…more

American Rule, Attorney's Fees, Breach of Contract, Information Technology, Restrictive Covenants

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Illinois Employers See Equal Pay Certification Looming on the Horizon

Last year, Illinois made sweeping amendments to its state Equal Pay Act (EPA). Governor J.B. Pritzker twice signed bills passed by the Illinois legislature — first on March 23, 2021, and then on June 25, 2021, (the EPA…more

Compensation, Data Protection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay

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CMS Issues Final Rule Impacting Prior Authorization Process

Last week CMS issued its final rule “CMS Interoperability and Prior Authorization” (CMS-0057-F), unchanged from its proposed rule in 2022, which addresses prior authorizations. Prior authorization, a “utilization management”…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Final Rules, Medicaid, Medicare

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Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor…more

Alcohol Testing, Commercial Truck Drivers, Department of Transportation (DOT), Drug Testing, Employer Liability Issues

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Illinois Supreme Court Curtails Tenant Implied Co-Insured Precedent

On November 28, 2022, the Illinois Supreme Court unanimously reversed the appellate court’s decision that an insurer would have to defend a rental property’s tenants against a third-party negligence claim arising from a fire…more

Co-Insured Issues, Contribution Claims, Duty to Defend, IL Supreme Court, Insurance Industry

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Federal Circuit Signals Patentees Entitled to Jurisdictional Discovery Before Ruling on Motion to Dismiss

On Monday, June 13, 2022, the Federal Circuit issued an opinion in Univ. of Mass. v. L’Oréal S.A. that signals a new trend in allowing a patentee the benefit of jurisdictional discovery prior to ruling on a foreign defendant’s…more

Foreign Defendants, Limited Jurisdictional Discovery, Motion to Dismiss, Patent Infringement, Patents

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Ninth Circuit Nixes California’s AB 51, Reopening the Door for Mandatory Employment Arbitration

Earlier this week, a Ninth Circuit panel ruled, in the case of Chamber of Commerce of the United States of America v. Bonta, that California’s Assembly Bill (AB) 51, which had forbidden California employers from requiring…more

Arbitration Agreements, California, Federal Arbitration Act, Mandatory Arbitration, State and Local Government

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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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Repeal of McCarran-Ferguson Act — Ramifications for Insurance Clients

Health insurance companies are now no longer immune from antitrust scrutiny for activities previously found to be “the business of insurance.” Last week, the Competitive Health Insurance Reform Act (CHIRA) was enacted, repealing…more

Anti-Competitive, Antitrust Provisions, Competition, Health Insurance, Immunity

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The Clock Is Ticking on Estate and Gift Planning

November’s election results could have a profound effect on the estate and gift tax laws. Among a number of significant issues are..…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer Of its Franchisee

On October 1, 2019, the 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th…more

Appeals, Franchises, Joint Employers, McDonalds, Private Attorneys General Act (PAGA)

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Yeah, About That Consignment Agreement … How You Can Lose Your Goods in a Retail Bankruptcy

You just heard a rumor that your largest retail customer is in financial distress and may file for bankruptcy. After a moment of panic, you review your consignment agreement with the retailer (this assumes that you have a…more

Chapter 11, Commercial Bankruptcy, Contract Terms, Creditors, Debtors

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Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute

A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s  Property…more

Breach of Contract, Commercial General Liability Policies, Insurance Claims, Insurance Industry, Insurance Litigation

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New Guidance on Tax Holiday Suspension for Air Transportation Federal Excise Tax

As previously reported, one of the benefits from the Coronavirus Aid, Relief, and Economic Security (CARES) Act was that the 7.5 percent air transportation federal excise tax (FET) that applies to commercial operations,…more

Aviation Industry, CARES Act, Excise Tax, IRS, Relief Measures

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Employer Back to School Guide

Employees with school-aged children are quickly learning that back to school will not be a return to normalcy. Most schools are implementing modified education plans to provide for student and teacher safety in light of COVID-19…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Re-Opening Guidelines, Relief Measures

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Eastland Complex Wildfires Alert

Only a year has passed since Texas was devastated by freezing temperatures and rolling blackouts. Now, Texans are facing a new devastation — the Eastland Complex wildfires. The specific fires that make up the Eastland Complex…more

Insurance Claims, Insurance Industry, Natural Disasters, Property Damage, Property Insurance

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SEC Orders Stay of New Share Repurchase Disclosure Modernization Rule Until Further Notice

On November 22, 2023, the Securities and Exchange Commission (SEC) issued an order to stay the effective date of its Share Repurchase Disclosure Modernization rules adopted in May 2023. The rules, which became effective on July…more

Chamber of Commerce, Disclosure, Form 10-K, Repurchases, Securities and Exchange Commission (SEC)

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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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Virginia Viewpoint - The Power of the Pen

With only a few days remaining to act on legislation that passed during the regular session, Governor Youngkin has issued a flurry of vetoes including several that stymie Democratic priorities from this session. Meanwhile, the…more

Arenas and Stadiums, Governor Vetoes, Marijuana Related Businesses, Minimum Wage, State and Local Government

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The Canadian Trademarks Opposition Board Reduces Deadlines and Available Extensions of Time

The Canadian Intellectual Property Office (CIPO) implemented significantly reduced deadlines and more limited extensions of time in trademark opposition and section 45 proceedings. These changes, effective December 1, 2023, and…more

Canada, Canadian Intellectual Property Office (CIPO), Cooling-Off Rule, Extraordinary Circumstances Exception, Time Extensions

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Texas Supreme Court Adopts a Revised Northfield Exception to the Eight-Corners Rule

In February, the Supreme Court of Texas issued two opinions important to Texas’s duty-to-defend analysis. First, the court settled a split among Texas appellate courts by endorsing a limited exception to the eight-corners rule…more

Auto Insurance, Duty to Defend, Extrinsic Evidence, Insurance Industry, Property Damage

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Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law

The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of…more

Amicus Briefs, Anti-Discrimination Policies, Anti-Harassment Policies, Appellate Courts, Constitutional Challenges

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Dealing with Employee Protests and Strikes due to COVID-19 Concerns

The COVID-19 outbreak has rendered many workplaces dormant, but frontline workers in the grocery, delivery, and medical fields are feeling the effects of the massive influx in demand for their services caused by the pandemic…more

CARES Act, Coronavirus/COVID-19, Employee Rights, Labor Relations, NLRA

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Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor…more

Alcohol Testing, Commercial Truck Drivers, Department of Transportation (DOT), Drug Testing, Employer Liability Issues

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State AG Pulse | Wrangling Acronyms: SAGs, ORC and AI

Organized retail crime or ORC is one of the few bipartisan issues that lawmakers at both the federal and state levels agree has no upside for consumers or retailers, and regulators are stepping up. Artificial intelligence or…more

Artificial Intelligence, New Regulations, Retailers

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Virginia Viewpoint - The Power of the Pen

With only a few days remaining to act on legislation that passed during the regular session, Governor Youngkin has issued a flurry of vetoes including several that stymie Democratic priorities from this session. Meanwhile, the…more

Arenas and Stadiums, Governor Vetoes, Marijuana Related Businesses, Minimum Wage, State and Local Government

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FAA Proposes to Increase Rest Periods for U.S. Airline Flight Attendants

The FAA has issued a notice of proposed rulemaking (NPRM) to require that flight attendants at large U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less. Under…more

Airlines, Aviation Industry, Comment Period, Federal Aviation Administration (FAA), Flight Crews

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Lessons Emerging from Pinnacle Hip Bellwether Trials

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

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

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Virginia Viewpoint - The Power of the Pen

With only a few days remaining to act on legislation that passed during the regular session, Governor Youngkin has issued a flurry of vetoes including several that stymie Democratic priorities from this session. Meanwhile, the…more

Arenas and Stadiums, Governor Vetoes, Marijuana Related Businesses, Minimum Wage, State and Local Government

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Broad Street Brief: City Works to Address Kensington’s Opioid Crisis

The 100th Mayor’s First 100 Days- In her first 100 days, Mayor Cherelle Parker has tackled issues including boosting public safety, stabilizing Kensington, combating the city's “Filthadelphia” reputation, creating more…more

Budgets, Mayors, Public Safety, Public Transportation, Restaurant Industry

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Will Pay Transparency Laws Level the Playing Field?

According to the federal government, “[a]lthough the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man earns, according to 2020 data from the Bureau of Labor…more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Pay Equity Laws, Pay Transparency

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A Big Win For BIPA's Health Care Exclusion

On November 30, 2023, in a unanimous decision, the Illinois Supreme Court issued its decision in the consolidated cases Mosby v. Ingalls Memorial Hospital, et al., and Mazya v. Northwestern Memorial Health Care, No 2023 IL…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints, Health Insurance Portability and Accountability Act (HIPAA)

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Do Recent Changes and Legal Challenges to the Independent Contractor Test Affect OSHA?

Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the area…more

Classification, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors, IRS

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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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Employment Law Now VI-113 - Panel Discussion on Significant Equal Pay Legislation

Equal pay issues are becoming more prominent across the country, and significant new legislation in Illinois is worth noting (whether or not the company does business there). Joining Michael Schmidt to discuss the law and its…more

Equal Pay, Illinois, New Legislation, State Labor Laws, Wage and Hour

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Fifth Circuit Refuses to Enforce the NLRB’s Ban on Uniform Requirements

The Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board is a victory for employers seeking to enforce their uniform requirement without fear of running afoul of federal labor laws. The decision affirms an…more

Dress Codes, Labor Relations, NLRA, NLRB, Tesla

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New Jersey Privacy Law

On January 16, Governor Murphy signed legislation requiring legal entities who collect consumer information to make certain disclosure to consumers. The law further requires that businesses provide consumers with an option to…more

Consumer Fraud, Consumer Privacy Rights, Customer-Loyalty Programs, Data Protection, Governor Murphy

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Split McAleer Ruling Leaves Attorney-Client Privilege Fiduciary Exception In Limbo

In a recent Pennsylvania Supreme Court case, In re: Estate of William K. McAleer, the state high court addressed the issue of whether Pennsylvania law recognizes the fiduciary exception to attorney-client privilege…more

Attorney's Fees, Attorney-Client Privilege, Beneficiaries, Disclosure, Fiduciary Exception

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A Compelling Case for Judicial Education

Two recent coordinated decisions from the Pennsylvania Superior Court quashing appeals brought by factoring companies and their investors highlight not only the intent behind structured settlement protection acts, but also the…more

Beneficiaries, Beneficiary Designations, Structured Settlement Protection Act (SSPA), Structured Settlements, Transfers

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NY DFS’s Regulation 187 – Consumers’ Best Interests

On February 1, 2020, the New York Department of Financial Services’ Regulation 187 will go into effect for life insurance products. Although Regulation 187 went into effect with regard to annuity products on August 1, 2019, its…more

Annuities, Best Interest Standard, Department of Financial Services, Life Insurance

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Proposed CFIUS Rules Affirm Evolution and Growth of Review Process, Expansion of Penalties

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed update expanding its mitigation and enforcement provisions, the first such action since the enactment of the Foreign…more

CFIUS, Civil Monetary Penalty, False Statements, FIRRMA, Foreign Entities

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Important Information Regarding U.S. Corporate Transparency Act / 美国企业透明法重要信息

A new regulation under the federal Corporate Transparency Act (CTA) that, for the first time, will require disclosure of information about all U.S. formed corporations, limited liability companies, and limited partnerships…more

Beneficial Owner, CEOs, Corporate Transparency Act, Financial Crimes, FinCEN

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Texas Supreme Court Clarifies Whether Bad Faith Liability May Exist in Absence of a Policy Breach

In Menchaca v. USAA Texas Lloyds Company, Cause No. 14-0721 (Tex.2018) the Texas Supreme Court replaced its prior 2017 opinion. The court continues to hold that where there has been no breach of the insurance policy, generally…more

Bad Faith, Insurance Industry, TX Supreme Court

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Hurricane Harvey Litigation Update: Conflicting Opinions Spur Trial on Damages and Appeal

Litigation arising out of Hurricane Harvey (Harvey) has been ongoing since the first lawsuit was filed within days of Harvey making landfall on August 25, 2017, inundating Houston with an unprecedented amount of rainfall and…more

Bellwether Verdicts, Flood Control, Flooding, Hurricane Harvey, Insurance Claims

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Developments in Offshore Wind: Part Two

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the interplay…more

CERCLA, Energy Policy, Infrastructure, Investment Tax Credits, Jones Act

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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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DOJ Antitrust Division Endorses International Cooperation in Cartel Investigations

In July 2020, the Antitrust Division of the U.S. Department of Justice (Antitrust Division) applauded the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Cartels, Corporate Misconduct

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And a (Happy?) New Year!

As we bid farewell to 2023 and welcome the New Year, Minnesota employers are in for a wave of changes. Here's a comprehensive overview of crucial details that your business should be mindful of as we step into the upcoming…more

Decriminalization of Marijuana, Documentation, Employee Benefits, Notice Requirements, Paid Leave

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SEC Adopts Final Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

On July 26, 2023, the Securities and Exchange Commission (SEC) announced the adoption of final rules relating to cybersecurity risk management, strategy, governance, and incident disclosures. The new rules define a cybersecurity…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules, Regulation S-K

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SEC Orders Stay of New Share Repurchase Disclosure Modernization Rule Until Further Notice

On November 22, 2023, the Securities and Exchange Commission (SEC) issued an order to stay the effective date of its Share Repurchase Disclosure Modernization rules adopted in May 2023. The rules, which became effective on July…more

Chamber of Commerce, Disclosure, Form 10-K, Repurchases, Securities and Exchange Commission (SEC)

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One Year with the Listed Issuer Financing Exemption

It has been one year since the Canadian Securities Administrators (the CSA) introduced the listed issuer financing exemption (the LIFE Exemption) under Part 5A of National Instrument 45-106 Prospectus Exemptions, which is…more

Broker-Dealer, Canada, Canadian Securities Administration, Corporate Officers, Debt

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BCSC Guidance on Joint Actors in Proxy Contests and Early Warning Disclosure Requirements

On December 22, 2023, the British Columbia Securities Commission (the BCSC) rendered a decision in NorthWest Copper Corp. (Re) clarifying when parties are considered to be “acting jointly or in concert” and the appropriate…more

Beneficial Owner, British Columbia Securities Commission (BCSC), Canada, Disclosure Requirements, Early Warning Regime

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PA Supreme Court Holds General Contractor Overhead and Profit Can be Withheld From ACV Payments

On August 18, 2020, the Supreme Court of Pennsylvania held, in a 4-3 decision, that insurer, Truck Insurance Exchange, was entitled to withhold general contractor overhead and profit expenses (“GCOP”)..…more

Cash Value, General Contractors, Insurance Claims, Insurance Litigation, PA Supreme Court

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Employment Law Now IV-68 - The Impact of Covid-19 on Union Organizing

In this episode, Mike Schmidt is joined by his colleague, Dan Johns, to discuss the impact that the Covid-19 pandemic is having on union organizing and other traditional labor issues. …more

Coronavirus/COVID-19, Union Organizers, Unions

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State AG Pulse | Wrangling Acronyms: SAGs, ORC and AI

Organized retail crime or ORC is one of the few bipartisan issues that lawmakers at both the federal and state levels agree has no upside for consumers or retailers, and regulators are stepping up. Artificial intelligence or…more

Artificial Intelligence, New Regulations, Retailers

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En Banc Fourth Circuit Affirms Dismissal of False Claims Act Lawsuit and Vacates Panel Opinion

We previously reported that the Fourth Circuit, via a 2-1 decision in United States ex rel. Sheldon v. Allergan Sales, LLC, 24 F.4th 340 (4th Cir. 2022), affirmed the dismissal of a False Claims Act (“FCA”) qui tam lawsuit…more

En Banc Review, False Claims Act (FCA), Medicaid, Medicaid Drug Rebate Program, Underpayment

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Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA

On February 2, 2023, the Supreme Court of Illinois ruled that the state’s Biometric Information Privacy Act (BIPA or the Act) is subject to a five-year “catch-all” statute of limitations. In so ruling, the court settled a…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Fingerprints

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SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains a…more

401k, 403(b) Plans, Automatic Enrollment, Consolidated Appropriations Act (CAA), Employee Benefits

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The White House Calls for a Sweeping Review of the Government’s Approach to Cryptocurrency

On March 9, President Biden issued an Executive Order on Ensuring Responsible Development of Digital Assets. Here are a few key takeaways to keep in mind: The order aims to secure the United States’ position as a leader in…more

Central Bank Digital Currency (CBDCs), Cryptocurrency, Digital Assets, Digital Currency, Executive Orders

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Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay rent…more

Business Interruption, Business Litigation, Commercial Leases, Commercial Tenants, Contract Terms

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U.S. District Court for the Northern District of Alabama Finds CTA Unconstitutional: National Small Business United, et al v. Yellen et al

In a case brought by the National Small Business Association and an individual owner of a small business (Plaintiffs), the U.S. federal district court for the Northern District of Alabama has ruled that the Corporate…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Transparency Act, FinCEN

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One Year with the Listed Issuer Financing Exemption

It has been one year since the Canadian Securities Administrators (the CSA) introduced the listed issuer financing exemption (the LIFE Exemption) under Part 5A of National Instrument 45-106 Prospectus Exemptions, which is…more

Broker-Dealer, Canada, Canadian Securities Administration, Corporate Officers, Debt

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AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Construction Disputes

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NLRB Reaffirms Its Commonsense Approach to the Validity of Employee Rules

LA Specialty Produce is a distributor of produce and other fine and specialty foods. LA Specialty’s employee manual contains, among other rules, a confidentiality rule and a media contact rule. The confidentiality rule states,…more

Confidentiality Agreements, NLRA, NLRB

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Washington State Reopens Some Construction, with Restrictions

On April 24, 2020, Washington Governor, Jay Inslee, signed an addendum to Proclamation 20-25 that allows a limited restart to construction projects in the state. Developed by the governor’s Construction Working Group, the Phase…more

Construction Project, Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines

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Unnoticed Provision of New Tax Bill Makes Sex Harassment Settlements Subject to NDAs Not Deductible

A provision in the tax bill President Trump signed into law on December 22, 2017, has important implications for the settlement of sexual harassment claims. The new law includes a post-Weinstein, #MeToo era provision aimed at…more

Non-Disclosure Agreement, Sexual Harassment, Tax Deductions, Tax Reform, Trump Administration

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Observations on Erie Insurance Exchange v. Moore: A Misapplication of Precedent

The duty to defend is a critical threshold determination in all liability coverage disputes. The Pennsylvania Supreme Court has provided a clear and consistent directive on the issue: facts alleged in the complaint control…more

Denial of Insurance Coverage, Duty to Defend, Insurance Claims, Insurance Litigation, Liability Insurance

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Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit

The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM…more

Exclusions, Fire Damage, Homeowner's Insurance, Insurance Claims, Insurance Industry

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Ask JeePT: Does ChatGPT replace a traditional trademark availability search?

Unless you live under a rock, you have likely heard of ChatGPT, the artificial intelligence-powered chatbox, and the praises being sung regarding its unlimited functions. Ask it anything, they say. Have it summarize research…more

Artificial Intelligence, Brand, Goods or Services, Google, Inventors

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Federal Legislators Introduce the American Privacy Rights Act

A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. On April 7, 2024, House Energy and Commerce chair Rep. Cathy McMorris Rogers (R-WA) and Senate…more

California Consumer Privacy Act (CCPA), Communications Act of 1934, Consumer Privacy Rights, Data Privacy, Federal Trade Commission (FTC)

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Virginia Viewpoint - The Power of the Pen

With only a few days remaining to act on legislation that passed during the regular session, Governor Youngkin has issued a flurry of vetoes including several that stymie Democratic priorities from this session. Meanwhile, the…more

Arenas and Stadiums, Governor Vetoes, Marijuana Related Businesses, Minimum Wage, State and Local Government

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NLRB Deals Another Blow to Gig Workers’ Rights Under NLRA

Last week, the Division of Advice of the National Labor Relations Board (Board) released a previously issued advice memorandum (memorandum) concluding that drivers for the ride-sharing platform Uber are independent contractors…more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Lyft

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Connecticut Supreme Court Clarifies (and Relaxes) the Default Rule for Subrogation Against Tenants

Subrogated insurers get a big win in Connecticut. In April, the Connecticut Supreme Court clarified, and effectively relaxed, the “default rule” for subrogation claims against a tenant in Connecticut. In DiLullo v. Joseph, 259…more

CT Supreme Court, Landlords, Subrogation, Tenants

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

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

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

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Pennsylvania April 15 COVID-19 Health Measures Order for Certain Businesses, Including Utilities

On April 15, 2020, Pennsylvania Health Secretary Dr. Rachel Levine issued an order requiring the implementation of additional protective measures for critical workers of businesses that are authorized to maintain in-person…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Legislative Agendas, Operators of Essential Services

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Missouri Takes A Stand On Depreciation

On June 28, the Missouri Court of Appeals upheld a lower court’s decision finding Lexington Insurance Company (“Lexington”) breached its policy with homeowner Cynthia Franklin. Franklin’s home has sustained damage in a May 2016…more

Breach of Duty, Cash Value, Depreciation, Insurance Industry, Invoices

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

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

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

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Congressional Oversight Report on CARES Act Funding — Not Much to Oversee Here (Yet)

On May 18, 2020, the Congressional Oversight Commission released its first report relating to $500 billion in Department of Treasury funding available under Subtitle A of the CARES Act…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Main Street Expanded Loan Facility, Main Street New Loan Facility

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New York City Releases Proposed Text for City of Yes for Housing Opportunity

On April 11, 2024, the New York City Department of City Planning (DCP) released the draft zoning text for the City of Yes for Housing Opportunity proposal, the third of the Adams administration’s City of Yes zoning initiatives. …more

Affordable Housing, City of New York, Homeless Issues, Housing Developers, Mayors

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TSX Venture Exchange Launches Passport Listing Process

On December 13, 2023, the TSX Venture Exchange (the TSXV) launched its TSXV Passport Listing Process (TSXV Passport), which offers advanced applicants that meet specified criteria an expedited route to listing on the TSXV. TSXV…more

Canada, Capital Markets, Passports, Toronto Stock Exchange, TSX Venture Exchange

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The SDNY Pilots a New Program for Whistleblowers

Last week, the U.S. Attorney’s Office for the Southern District of New York (SDNY) launched a pilot program to incentivize individuals to come forward and report illegal activity. Under the program, participants in specified…more

Illegal Activity, Incentives, New York, State Attorneys General, State Pilot Programs

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What Do You Mean I am Responsible for Mom and Dad’s Nursing Home Bills?

Adult children in Pennsylvania with aging parents might be shocked to learn that they can be financially responsible for their parents’ nursing home bills. Pennsylvania, along with many other states, has filial support laws that…more

Abuse of Discretion, Debt, Elder Care, Financial Responsibility Standards, Inpatient Rehab Facilities

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Will The Standard of Liability Under The 60-Day Repayment Rule Change?

At the end of last year, the Centers for Medicare & Medicaid Services (CMS) proposed changes to the so-called 60-day repayment rule. The proposed changes include eliminating the current “reasonable diligence” standard that…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Overpayment, Reasonably Continuous Exercise of Diligence Standard, Reckless Disregard

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2017 AIA Contract Documents Update

Roughly every 10 years, the American Institute of Architects (AIA) updates its construction contract documents, which are among the most widely used and accepted forms in the construction industry, to reflect legal and business…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

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California Employers Can Let Cal/OSHA Know Federal OSHA COVID-19 ETS Potential Workplace Impacts

The California Division of Occupational Safety and Health (Cal/OSHA) maintains an occupational safety and health plan that is approved and monitored by the federal Occupational Safety and Health Administration (federal OSHA). As…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, State Labor Laws

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DOJ Continues Crackdown on No-Poach-Agreements

The Department of Justice (DOJ) is continuing its crackdown on alleged “no poach” or “wage fixing” market collusion between competitors. Last week, DOJ announced charges against four individuals operating home health care…more

Collusion, Competition, Department of Justice (DOJ), Home Health Care, No-Hire/No-Solicitation Agreements

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U.S. District Court for the Northern District of Alabama Finds CTA Unconstitutional: National Small Business United, et al v. Yellen et al

In a case brought by the National Small Business Association and an individual owner of a small business (Plaintiffs), the U.S. federal district court for the Northern District of Alabama has ruled that the Corporate…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Transparency Act, FinCEN

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“Untying the Knot”: Practical Considerations for the Newly Divorced

I was asked recently by a financial advisor in New York, to review and comment on a chart he had put together which was designed to help newly-divorced people in get back on their feet. The draft document I received covered…more

Divorce, Estate Planning, Financial Planning, Income Taxes, Individual Retirement Account (IRA)

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Is qEEG Evidence Admissible to Show a Brain Injury? A Washington State Court Says No

In Washington, nearly every injury lawsuit now includes a traumatic brain injury claim. As brain MRIs and CT scans are almost always normal, plaintiffs’ counsel are seeking new ways to “show” the jury “proof” of the brain…more

Admissible Evidence, Bodily Injury, Evidence, Motion to Exclude, Traumatic Brain Injuries

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Developments in Offshore Wind: Part Two

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the interplay…more

CERCLA, Energy Policy, Infrastructure, Investment Tax Credits, Jones Act

See all updates »

SECURE ACT — Notable Changes to Retirement Plan Benefits

On December 20, 2019, the president signed into law the Secure Act. The Secure Act, among other things, changes certain rules regarding retirement plans. These changes may have an impact on your estate plan, which could require…more

Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement, Retirement Plan

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FY25 New York State Budget Update

Monday evening, Governor Hochul announced the “parameters of a conceptual agreement” on the budget. Some highlights of the announced $237B budget are below: Housing - •NYC - •New 485-a incentive to build housing and 6-year…more

Affordable Housing, Asylum, Healthcare, New York, Public Safety

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The Frustrating Reality of Fair Use: AWF v. Goldsmith

On May 18, 2023, the U.S. Supreme Court released its long-awaited opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. In 1981, rock and roll photographer Lynn Goldsmith photographed the…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artists, Copyright, Copyright Infringement, Fair Use

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Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as a…more

Appeals, Appellate Courts, Bodily Injury, Conflicts of Interest, Constitutional Challenges

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Virginia Viewpoint - The Power of the Pen

With only a few days remaining to act on legislation that passed during the regular session, Governor Youngkin has issued a flurry of vetoes including several that stymie Democratic priorities from this session. Meanwhile, the…more

Arenas and Stadiums, Governor Vetoes, Marijuana Related Businesses, Minimum Wage, State and Local Government

See all updates »

Delaware Supreme Court Rejects Fundamentally Identical Relatedness Standard

On March 16, 2022, in a unanimous decision the Delaware Supreme Court affirmed a Superior Court ruling that a securities class action and a later-filed opt out action were related claims, and thus the subsequent action was…more

Class Action, D&O Insurance, DE Supreme Court, Misrepresentation, Securities Fraud

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Structuring Lease Agreements To Maximize Subrogation Recoveries

One of the most frustrating scenarios in the subrogation world is when a promising claim with clear liability on the part of a tenant is barred or limited based on lease language. When it comes to lease agreements, a potential…more

Insurance Industry, Landlords, Leases, Liability Insurance, Property Damage

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NAAG Consumer Protection Conference Explores Dark Patterns, Advertising Law, Fake Reviews & AI

On Tuesday, November 7, the National Association of Attorneys General (NAAG) held its Fall 2023 Consumer Protection Conference in Washington, D.C., welcoming representatives from 43 state AG offices, the FTC, and an equal number…more

Artificial Intelligence, Fake Reviews, Federal Trade Commission (FTC), National Association of Attorneys General (NAAG), Online Reviews

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First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have…more

Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Appeals, Food and Drug Administration (FDA)

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DOJ Signals Increased Emphasis on Data Analytics to Prosecute FCPA Global Corruption

On November 29, 2023, Department of Justice (DOJ or Department) policymakers announced explicitly that they are, for the first time, leveraging data analytics to help proactively identify and prosecute crimes in foreign…more

Analytics, Anti-Corruption, Bribery, Corporate Counsel, Criminal Conspiracy

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Whirlpool Fined $11.5M for Failing to Notify of Faulty Cooktops

In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) approved a settlement with Whirlpool Corp., which requires Whirlpool to pay $11.5 million in civil penalties for allegedly ignoring reports from consumers…more

Bodily Injury, Consumer Product Safety Commission (CPSC), Failure to Report, Insurance Claims, Insurance Industry

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

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

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

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Recent SEC Review of Accredited Investor Definition

The Securities and Exchange Commission (SEC) recently released a staff report reviewing the definition of "accredited investor" in Rule 501(a) of Regulation D under the Securities Act of 1933 (Securities Act), as required at…more

Accredited Investors, Dodd-Frank, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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DOJ Antitrust Division Endorses International Cooperation in Cartel Investigations

In July 2020, the Antitrust Division of the U.S. Department of Justice (Antitrust Division) applauded the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Cartels, Corporate Misconduct

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Proposed CFIUS Rules Affirm Evolution and Growth of Review Process, Expansion of Penalties

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed update expanding its mitigation and enforcement provisions, the first such action since the enactment of the Foreign…more

CFIUS, Civil Monetary Penalty, False Statements, FIRRMA, Foreign Entities

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Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is…more

Attorney's Fees, Bad Faith, Comparative Negligence, Governor DeSantis, Insurance Industry

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NYC Council’s Preliminary Budget Response

Earlier this week, the New York City Council released its response to the Mayor’s Fiscal Year 2025 Preliminary Budget. The response identifies $6.15 billion in newly available funds, citing higher-than-expected tax revenue from…more

Budgets, City Councils, Mayors, New York, State and Local Government

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Fox News v. TVEyes: Implementing Internal Policies to More Likely Remain Within the Realm of Fair Use

This week’s Second Circuit decision in Fox News Network, LLC, v. TVEyes, Inc. (No. 15-3885(L)) has muddled the already challenging doctrine of fair use in copyright infringement lawsuits, particularly in the context of rapidly…more

Copyright, Copyright Infringement, Fair Use, Fox News

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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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State AG Pulse | The Broad Sweep of State AGs’ Antitrust Authority

Supply chain disruption, rising inflation and a tight employment market have led to an uptick in antitrust scrutiny by both Republican and Democratic AGs. Working alone, in multistates, or in coordination with federal agencies,…more

Antitrust Provisions, Price Inflation, Supply Chain

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Trump v. Biden: CANNABIS LEGALIZATION

With the 2020 presidential election just days away, the future of cannabis legalization will likely rest on the shoulders of whoever is sitting in the Oval Office on January 20, 2021. So where do Donald Trump and Joe Biden stand…more

Cannabis Products, Controlled Substances, Controlled Substances Act, Decriminalization of Marijuana, Department of Justice (DOJ)

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Trump v. Biden: CANNABIS LEGALIZATION

With the 2020 presidential election just days away, the future of cannabis legalization will likely rest on the shoulders of whoever is sitting in the Oval Office on January 20, 2021. So where do Donald Trump and Joe Biden stand…more

Cannabis Products, Controlled Substances, Controlled Substances Act, Decriminalization of Marijuana, Department of Justice (DOJ)

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USTR Annual Report to Congress on China’s Compliance with WTO: Request for Public Comments

China became a member of the World Trade Organization (WTO) on December 11, 2001. In accordance with Section 421 of the U.S.-China Relations Act of 2000, The Office of the United States Trade Representative (USTR) is required to…more

China, Comment Period, Compliance, Customs and Border Protection, Imports

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California Wildfire Alert - Mill Fire and Fairview Fire

Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity, and we are actively…more

California, Insurance Claims, Insurance Industry, Property Insurance, Wildfires

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The SEC Adopts Rule 15c2-12 Amendments Regarding Material Financial Obligations: Some Initial Q&A

Recent Rule 15c2-12 Amendments - The Securities and Exchange Commission (the SEC) on August 20, 2018, announced that it has adopted amendments (the 2018 Amendments) to Rule 15c2-12 of the Securities Exchange Act of 1934. The…more

EMMA, Rule 15c2-12, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Avoiding Online Scams in the Time of Coronavirus

What do tornadoes, hurricanes, earthquakes, wildfires, and the coronavirus have in common? Scams. Disasters seem to beget scammers well versed in both price gouging and knockoff peddling, as well as phishing schemes and malware…more

China, Coronavirus/COVID-19, Cyber Crimes, Data Breach, Data Protection

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Tax Court: Limited Partner Exception to Self-Employment Taxes Is…Limited

The Tax Court recently ruled that a limited partner’s share of business income may be earnings from self-employment. Earnings from self-employment are subject to the self-employment tax. Earnings from self-employment…more

Business Income, Exclusions, IRS, Limited Partnerships, Self-Employment Tax

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Fair Use, Copyright, and Trademark Implications of Generative AI

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely on…more

Artificial Intelligence, Copyright, Copyright Office, Fair Use, Machine Learning

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Cybersecurity Disclosure Guidance for Municipal Bonds

Cyberattacks against municipal entities and 501(c)(3) organizations are becoming increasingly sophisticated and severe. The potential impact of these cyberattacks on entities is significant in both the time required to address…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Municipalities

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IP Maintenance Payments for Russian Rights

On May 5, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued a new General License (General License No. 31) authorizing certain transactions related to patents, trademarks, and…more

General Licenses, Office of Foreign Assets Control (OFAC), Renewal Fees, Russia, Third-Party

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NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property Policies

Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a first-of-its…more

Appellate Courts, Business Closures, Commercial Leases, Coronavirus/COVID-19, Damages

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Corporate Transparency Act—Does It Apply to New York Cooperatives and Condominiums?

The new year rang in new requirements for business entities that are created by the filing of a document with the secretary of state, including cooperatives (coops) and perhaps condominiums (condos), to report personal…more

Beneficial Owner, CEOs, CFOs, Condominiums, Corporate Transparency Act

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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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The Latest McHugh Battleground: Class Certification

We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the…more

CA Supreme Court, Class Certification, Death Benefits, Declaratory Relief, Insurance Industry

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Update to California’s New Pay Disclosure Requirements

On January 1, 2023, Senate Bill 1162 went into effect. This new law imposes significant new pay scale disclosure requirements on California employers. It also leaves a number of questions unanswered, which the Department of…more

California, Disclosure Requirements, Job Descriptions, New Legislation, Pay Data

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Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as a…more

Appeals, Appellate Courts, Bodily Injury, Conflicts of Interest, Constitutional Challenges

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Non-Competes: The NLRB Has Entered The Chat

On May 30, 2023, National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the Memo), titled "Non-Compete Agreements that Violate the National Labor Relations Act." In the…more

NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements, Restrictive Covenants

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The Third Circuit Finds Defense Owed for Potentially Covered Advertising Injury

On January 5, 2022, the Third Circuit confirmed that the “potentially covered” standard for the duty to defend is far broader than the “actually covered” standard for the duty to indemnify, also confirming that the duty to…more

Advertising Injury, Bodily Injury, Dilution, Disparagement, Duty to Defend

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Federal Legislators Introduce the American Privacy Rights Act

A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. On April 7, 2024, House Energy and Commerce chair Rep. Cathy McMorris Rogers (R-WA) and Senate…more

California Consumer Privacy Act (CCPA), Communications Act of 1934, Consumer Privacy Rights, Data Privacy, Federal Trade Commission (FTC)

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New U.S. Ban on Chinese Cotton Suppliers Adds Stress to Fashion Industry’s Weakened Supply Chain

Trade tensions between the United States and China, coupled with a global pandemic, have had devastating effects on the fashion industry — highlighting the problem of reliance upon China as a major, if not sole, source of goods…more

Agribusiness, China, Customs and Border Protection, Fashion Industry, Federal Bans

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How Zoning Changes Will Impact Data Centers & the Energy Market

The data center permitting and entitlement review process might be getting more difficult in Northern Virginia. Home to nearly 300 data centers, Northern Virginia has become known as “Data Center Alley.” Scattered across…more

Board of Supervisors, County Planning Commissions, Data Centers, Land Developers, Zoning Laws

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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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Important Information Regarding U.S. Corporate Transparency Act / 美国企业透明法重要信息

A new regulation under the federal Corporate Transparency Act (CTA) that, for the first time, will require disclosure of information about all U.S. formed corporations, limited liability companies, and limited partnerships…more

Beneficial Owner, CEOs, Corporate Transparency Act, Financial Crimes, FinCEN

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New Planning Opportunity for Florida SLATs

A new law was recently passed in Florida that will allow a grantor spouse of a Spousal Limited Access Trust (SLAT) to be added as a beneficiary of the SLAT following the death of the beneficiary spouse. Please see below for a…more

Beneficiaries, Exemptions, Fair Market Value, Florida, Gift Tax

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Michigan Dam Collapses

On May 19, 2020, at 5:46 p.m., a dam on the Tittabawassee River in Edenville, Michigan collapsed. The resulting floodwaters devastated the cities of Edenville and Midland and damaged or destroyed hundreds of properties…more

Construction Defects, Dams, Flood Control, Flooding, Gross Negligence

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Florida Appeals Court Reverses Appraisal Ordered In Storm Suit

On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with appraisal and staying litigation until that appraisal was completed. Florida’s…more

Appeals, Appellate Courts, Appraisal, Florida, Homeowner's Insurance

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Pay-If-Paid No Longer Enforceable in Virginia

On January 1, 2023, “pay-if-paid” clauses in new contracts became void as against public policy and unenforceable as a result of Virginia Senate Bill 550 (SB 550) going into effect. See Va. Code §§ 2.2-4354 and 11-4.6. Moreover,…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Pay if Paid

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Courts Continue to Grapple with Constitutional Limits of Personal Jurisdiction

In three recent opinions, two state and one federal, courts reached different results on the constitutional limits of courts exercising personal jurisdiction. All involved the same product and defendant, LG Chem Ltd. and its…more

Bodily Injury, Lithium Batteries, Personal Jurisdiction, Vaping

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Keep Calm — and Look at Your Contract(s)

Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not…more

Business Interruption, China, Contract Terms, Coronavirus/COVID-19, Critical Infrastructure Sectors

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NY State Legislators Introduce Legislation to Protect SoHo/NoHo Residents

New York State Senator Brian Kavanagh and New York State Assembly member Deborah Glick have each introduced state legislation to amend the New York Multiple Dwelling Law in relation to joint live-work quarters for artists…more

Artists, Certifications, Fines, New York, Zoning Laws

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USTR Invites Comments in Four Year Review of Section 301 Duties on Chinese Goods

On October 12, 2022, the Office of the United States Trade Representative (USTR) announced that it is seeking public comments in connection with its review of Section 301 duties on Chinese goods. The comment period will run from…more

China, Comment Period, Imports, Section 301, Supply Chain

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Commonwealth Court of Pennsylvania Reverses the PUC and Upholds Certain Municipal Permitting Fees

In February 2021, the Pennsylvania Public Utility Commission (PUC) issued a declaratory order finding that a utility did not need to pay certain municipal permitting fees because those fees were preempted by the Pennsylvania…more

Fees, Municipalities, PA Supreme Court, Pennsylvania, Public Utilities Commission

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The State AG Report – 4.28.2023

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •FTC Targets Optometrists, Ophthalmologists Suspected of…more

Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, Data Protection, Discrimination

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FY2025 H-1B Lottery Registration Begins

On January 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2025 H-1B Cap Lottery will open at noon Eastern Time (EST) on March 6, 2024, and run through noon…more

Foreign Residents, H-1B, Immigration Procedures, Lottery, Processing Fees

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SCOTUS Goes to Mall of America: Court Recognizes Jurisdiction Over Appeals of Bankruptcy Sale Orders

In August 1992, the largest indoor shopping mall in the continental United States opened to great fanfare in suburban Minneapolis, Minnesota. Dubbed the Mall of America (MOA), this sprawling retail center enjoyed 330 stores,…more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Commercial Leases, Landlords

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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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District of Maryland Rejects ACV Standard for Property Damages in Fire Case

A recent decision from the U.S. District Court of Maryland should remind litigators and subrogation professionals the goal of awarding damages is to put the plaintiff back into the same position they were before the harm. When…more

Fires, Insurance Claims, Insurance Industry, Insurance Litigation, Maryland

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Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain

In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a…more

Consumer Protection Act, IFCA, Insurance Claims, Insurance Industry, Insurance Litigation

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Federal Judge to Rule on “Fundamental Clash” Between PA’s Medical Marijuana Act and Federal Law

Judge Gene E.K. Pratter of the Eastern District of Pennsylvania issued an important memorandum opinion regarding the conflict between federal criminal law and the operation of medical marijuana businesses under Pennsylvania law…more

Decriminalization of Marijuana, Marijuana Related Businesses, Medical Marijuana, Zoning Laws

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

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

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

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USCIS Offers Clarification of Policy on L-1 Petition

On Friday, October 20, 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying the two following points with respect to the L-1 petition for intracompany transferees: A sole proprietorship…more

Immigration Procedures, Intracompany Transferees, L-1 Visas, Policy Manuals, Sole Proprietorship

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Tennessee Wildfires of March 30 and 31, 2022

Wildfires swept across eastern Tennessee on March 30 and 31, 2022, causing destruction of thousands of acres of land and damaging hundreds of structures, with the heaviest damage occurring in Sevier County. As of April 5, the…more

Insurance Industry, Investigations, Tennessee, Wildfires

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No Action for Theft of Personal Information Without Loss

Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,…more

Canada, Class Action, Cyber Attacks, Damages, Data Breach

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The Canadian Trademarks Opposition Board Reduces Deadlines and Available Extensions of Time

The Canadian Intellectual Property Office (CIPO) implemented significantly reduced deadlines and more limited extensions of time in trademark opposition and section 45 proceedings. These changes, effective December 1, 2023, and…more

Canada, Canadian Intellectual Property Office (CIPO), Cooling-Off Rule, Extraordinary Circumstances Exception, Time Extensions

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Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation - Winter 2024

Whistleblower Watch is a comprehensive source for all False Claims Act (FCA) news and information. Every quarter, Cozen O’Connor will provide in-house counsel and compliance professionals with a summary of the most notable FCA…more

Anti-Kickback Statute, CIGNA, Department of Justice (DOJ), False Billing, False Claims Act (FCA)

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First Circuit Affirms Insurer’s Denial for Late Notice Under Claims-Made Policy

On August 9, 2023, the U.S. Court of Appeals for the First Circuit affirmed the holding of the District of Massachusetts that failure to provide notice according to a claims-made policy’s terms and conditions forfeits any right…more

Civil Rights Act, Claims Made Policy, College Admissions, Equal Protection, Insurance Claims

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Rethinking Restrictive Covenants: Delaware Courts’ Movement in Favor of the Restricted

In the first half of 2023, the Delaware Chancery Court issued two decisions regarding non-competition and non-solicitation provisions that should make parties carefully consider whether restrictive covenants are appropriately…more

DE Supreme Court, Federal Trade Commission (FTC), Limited Liability Company (LLC), NLRB, Non-Solicitation Agreements

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Circuit Court Clarifies Employer Burdens in Religious Accommodation Cases

Religious accommodation cases continue to vex employers. Especially since the rise of COVID-19, employers have had to face a rising tide of employee claims that their religious beliefs entitle them to an exemption from otherwise…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Reasonable Accommodation, Religious Accommodation

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Third Circuit Upholds Philadelphia Wage History Ordinance

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any aspect…more

Appeals, Employer Liability Issues, Employment Litigation, Equal Pay, First Amendment

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What’s in a Name (Insured)? Pennsylvania Federal Court Holds Homeowners’ Insurance Policy’s Requirement to Submit to Examination Under Oath Applies Only to Named Insured

A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination under oath (“EUO”). In Michelle…more

Homeowner's Insurance, Homeowners, Insurance Claims, Insurance Industry, Insurance Litigation

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Florida Enacts Broad Insurance Reforms Focusing on Bad Faith

From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional…more

Bad Faith, Fee-Shifting, Florida, Governor DeSantis, Insurance Industry

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Hurricane Laura: What Can Insurers Expect with Claims in Texas and Louisiana?

Last week Hurricane Laura became the strongest hurricane on record to make landfall in the state of Louisiana since 1856. The Category 4 storm claimed at least 10 lives and caused an estimated $4 to $7 billion in property damage…more

Concurrent Causation, Endorsements, Flood Insurance, Hurricane Season, Insurance Claims

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SEC Proposes Extensive New Regulations for Private Fund Advisers

In an extensive release,1 the U.S. Securities and Exchange Commission (SEC), proposed new and amended rules (collectively, the Proposed Rules) under the Investment Advisers Act of 1940 (the Act) that would impose specific…more

Audits, Disclosure Requirements, Fees, Financial Statements, Investment Adviser

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Turbine Rotors Worldwide May Be Victims of Forged Inspection Data

Japan Steel Works (JSW) is one of the largest manufacturers of power generation equipment parts, including rotor shafts for turbines and retaining rings that fasten the coils of generators. The company supplies these components…more

False Reporting, Inspections, Large Generators, Manufacturers, Recovery Plans

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California Enacts New COVID-19 Supplemental Paid Sick Leave Requirements With Retroactive Application

SB 95, recently signed into law by Governor Newsom, provides immediate COVID-19 paid sick leave protections for many California employees. The new law continues and expands the requirements for COVID-19-related sick pay ..…more

Earned Sick Time, Employee Rights, Employer Liability Issues, Families First Coronavirus Response Act (FFCRA), Labor Reform

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Does a Shipper Have a Duty to Procure Insurance when Shipping Artwork?

An important question for subrogation that arises when artwork is shipped and damaged or lost is: “Did the shipper have a duty to procure insurance?” This precise issue of law was recently raised in a decision issued by District…more

Duty to Procure Insurance, FedEx, Insurance Industry, Interstate Commerce, Liability

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Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs

Michael Schmidt is joined by a panel that includes EEOC Commissioner Andrea Lucas and Cozen O'Connor Labor & Employment Attorneys Debra Friedman and Alan Pittler to discuss the Supreme Court's June 29, 2023 decision on…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Diversity and Inclusion Standards (D&I)

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Michigan Dam Collapses

On May 19, 2020, at 5:46 p.m., a dam on the Tittabawassee River in Edenville, Michigan collapsed. The resulting floodwaters devastated the cities of Edenville and Midland and damaged or destroyed hundreds of properties…more

Construction Defects, Dams, Flood Control, Flooding, Gross Negligence

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AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Construction Disputes

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USPTO Issues Revised Guidances Concerning 35 U.S.C. §§ 101 and 112

On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued two new guidances setting forth revised procedures for examining patent applications. These procedures apply to all patent applications, regardless of when…more

Patent Applications, Patent-Eligible Subject Matter, Patents, Section 101, USPTO

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SEC Adopts Final Rule for Enhancement and Standardization of Climate-Related Disclosures

On March 6, 2024, almost two years after the Securities and Exchange Commission’s (SEC) proposed amendments “to enhance and standardize climate-related disclosures for investors,” the SEC adopted a final rule on climate-related…more

Administrative Procedure Act, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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Oregon Legislature Falls Short On Passage of Statutory Bad Faith Cause of Action

In an unexpected and last minute turn of events, the Oregon legislature failed to pass a final-stage version of House Bill 3242 before its regular session adjourned on June 25, 2023 for the remainder of the year. Generally, if…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Proposed Legislation

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Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit

In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations…more

Bodily Injury, Class Action, Commercial General Liability Policies, Damages, Disposal Wells

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Fairfax County Zoning Ordinance Declared Void

The Virginia Supreme Court ruled last week in Berry v. Board of Supervisors of Fairfax County that the Fairfax County Zoning Ordinance, known as “zMOD,” is void ab initio and has had no legal effect since it was adopted by the…more

FOIA, Local Ordinance, Open Meetings Act, VA Supreme Court, Virtual Meetings

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US DOT Updates its Rules Regarding the Disadvantaged Business Enterprise Program

On April 9, 2024, The U.S. Department of Transportation (DOT) announced numerous revisions to its in-place rules for administering its Disadvantaged Business Enterprise (DBE) Program. The new rule follows a Notice of Proposed…more

Department of Transportation (DOT), Design-Build, Equal Opportunities, Federal Contractors, Federal Grants

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States Must Step Up to Fill Federal Delta-8 Loophole

When Congress passed the Farm Act in 2018, removing hemp and hemp-derived products from the definition of marijuana in the Controlled Substances Act, many argued that Congress inadvertently legalized delta-8—a psychoactive…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Hemp, Public Health

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The Absentee Custodian

When a vessel is arrested in the United States, the U.S. Marshals Service is the federal agency that takes the vessel into the arresting court’s custody. However, the U.S. Marshals Service is a law enforcement agency and is…more

Arrest, Creditors, Custodians, Debtors, Liens

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Circuit Court of Appeals Upholds Dismissal of ADA Lawsuit for Failure to Exhaust Administrative Remedies

In a 2-1 decision, a panel of the Third Circuit Court of Appeals upheld the dismissal of a retaliation suit under the ADA, where the claim was not included in, and did not relate to, the plaintiff’s original administrative…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation

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Texas Panhandle Wildfires

Six separate wildfires, including the massive Smokehouse Creek wildfire, are burning at this time in the Texas panhandle. Hutchinson, Hemphill, Roberts, Lipscomb, and Moore counties issued evacuation orders on February 27, and…more

Insurance Industry, Natural Disasters, Subrogation, Texas, Wildfires

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Force Majeure from the Trenches: Cancelling Contracts in the Midst of a Global Pandemic

Eight weeks ago, coronavirus was an obscure term of modest significance to nearly everyone detached from the narrow band of doctors and scientists who study such things…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards, Supply Chain

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Employment Law Now VI-118 - Overturning Roe v. Wade and the Impact on Employers and Employees

In today's episode, Michael Schmidt offers the takeaways from the Supreme Court's June 2022 Dobbs decision overturning Roe v. Wade, and is joined by his Cozen O'Connor colleagues for a roundtable discussion on the impact of the…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Liability Issues, Pregnancy

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New Final Rules under the No Surprises Act: Four Takeaways

On August 19, 2022, the United States Departments of Health and Human Services, Labor and Treasury released final rules (“Final Rules”) revising certain provisions of their previously issued interim final rules regarding the No…more

Department of Health and Human Services (HHS), Disclosure Requirements, Dispute Resolution, Health Care Providers, Interim Final Rules (IFR)

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SEC Releases Guidance Regarding COVID-19 Disclosure Considerations

On June 23, 2020, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance (Division) issued guidance, CF Disclosure Guidance: Topic No. 9A, focused on disclosure considerations regarding operations,…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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FY2025 H-1B Lottery Registration Begins

On January 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2025 H-1B Cap Lottery will open at noon Eastern Time (EST) on March 6, 2024, and run through noon…more

Foreign Residents, H-1B, Immigration Procedures, Lottery, Processing Fees

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Decades-Old Family Feud Over Steinbeck Estate And Control Of His Works Finally Concludes

A family's decades-long battle over the rights to the work of literary giant John Steinbeck appears to have come to an end. The Ninth U.S. Circuit Court of Appeals sided with Steinbeck's step daughter, affirming a compensatory…more

Estate Planning, Royalties, Wills

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Predictive Analysis, Negotiation, Tech Tools, Aggregation of Claims and Legislative Solutions

Negotiation: Tips, Tools, and Techniques - Not Bank Robbery Settlements - ..Defense Unaware of Applicable Subro Waiver ..Defense Paid RCV on Contents... …more

Aggregation Rules, Legislative Rule, Negotiations, Predictive Analytics

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Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those discussed…more

Florida, Governor DeSantis, Insurance Claims, Investigations, Property Improvements

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BCSC Reaches First-Ever Settlement Agreements for Violation of Section 52(2) of the Securities Act

In September 2021, the British Columbia Securities Commission (the BCSC) issued a Notice of Hearing against an investor relations (IR) firm called Stock Social Inc. (Stock Social), its sole director, and five of its clients and…more

British Columbia Securities Commission, Failure To Disclose, Investors, Securities Act, Settlement Agreements

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Ninth Circuit Finds that “Subsidence Exclusion” Bars Coverage for Landslide Loss

The Ninth Circuit Court of Appeals recently issued an unpublished opinion in Atain Specialty Insurance Company v. JKT Associates, Inc., Case No. 20-16366 (9th Cir., March 11, 2022), finding that a liability policy’s “Subsidence…more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance

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Just In: New Jersey Supreme Court Adopts Daubert Factors For Assessing The Reliability Of Expert Testimony

On August 1, the Supreme Court of New Jersey issued a seminal ruling elucidating the state’s standard for admission of expert testimony in civil litigation. In a unanimous decision, the Court adopted the Daubert factors for…more

Admissibility, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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Seventh Circuit Affirms Ruling that Notice of an Amended Complaint was Untimely

On October 24, 2022, the U.S. Court of Appeals for the Seventh Circuit, in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022) (applying Illinois law), affirmed a district court’s…more

Amended Complaints, Claims Made Policy, D&O Insurance, Denial of Insurance Coverage, Insurance Claims

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AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Construction Disputes

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Coronavirus and Commercial Real Estate Leases

This Alert is part one in a series of articles intended to examine the effect of the novel coronavirus (COVID-19) outbreak in the United States and its effect on commercial real estate assets whose tenant occupants are…more

Business Disruption, Commercial Leases, Commercial Real Estate Contracts, Contract Terms, Coronavirus/COVID-19

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New Amendments to Florida’s Construction Lien Law

On June 12, 2023, Governor Ron DeSantis signed Florida House Bill 331 into law. This new bill amends Florida’s Construction Lien Law, Chapter 713, Fla. Stats. The new legislative amendments go into effect on October 1,…more

Amended Legislation, Arbitrators, Building Permits, Construction Liens, Florida

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One Year with the Listed Issuer Financing Exemption

It has been one year since the Canadian Securities Administrators (the CSA) introduced the listed issuer financing exemption (the LIFE Exemption) under Part 5A of National Instrument 45-106 Prospectus Exemptions, which is…more

Broker-Dealer, Canada, Canadian Securities Administration, Corporate Officers, Debt

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Federal Maritime Commission Charges Forward with Interim Procedures for OSRA 22 Complaints

On December 1, 2022, the Federal Maritime Commission (FMC or the Commission) released “Interim Procedures for Processing Charge Complaints” filed with the Commission under the Ocean Shipping Reform Act of 2022 (OSRA 22). In OSRA…more

Federal Maritime Commission, Fees, Ocean Transportation System, Order to Show Cause, Shipping

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California Fire Alert

Woolsey Fire - Fire Status and Investigation - The Woolsey Fire erupted at approximately 2:24 p.m., on November 8, 2018, near the intersection of E. Street and Alfa Road near the Santa Susana Field Laboratory (Rocketdyne…more

Natural Disasters, Recovery Plans, Subrogation, Wildfires

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U.S. Department of Commerce Proposes a New KYC Rule Applicable to U.S. IaaS Providers

On January 29, 2024, the U.S. Department of Commerce’s (Department) Bureau of Industry and Security issued a notice of proposed rulemaking (Proposed Rule) that proposes a new Customer Identification Program (CIP) and other…more

Artificial Intelligence, Beneficial Owner, Bureau of Industry and Security (BIS), Cybersecurity, Foreign Suppliers

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New Congress, New Investigations

Early Saturday morning, after 15 rounds of voting, Kevin McCarthy (R-Calif. 20th District) finally clinched the speaker’s gavel and swore in members of the 118th Congress. The Republican-led Congress ushers in a new period of…more

Civil Liberties, Coronavirus/COVID-19, Department of Justice (DOJ), Donald Trump, FBI

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The Only Constant is Change: Colorado Employment Law Updates

For Colorado employers of all sizes, the last five years have proven the truth of the adage that “the only constant is change.” Starting in 2019 with the signing of a ground-breaking pay transparency law, the Equal Pay for Equal…more

Colorado, Equal Pay, Family Medical Leave, Minimum Wage, Non-Compete Agreements

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House Ways and Means Committee Proposes Reduction of QSBS Exclusion

On September 15, 2021, the House Ways and Means Committee approved its draft tax legislation that was released on September 13, 2021, as part of the “Build Back Better” budget reconciliation program. Included in the draft…more

C-Corporation, Capital Gains, Capital Gains Tax, Corporate Taxes, Gain Exclusion

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Eight Million Portable Dehumidifiers Recalled in The Last 10 Years

Believe it or not, there are just six more weeks until spring. As the weather warms up and humidity rises, homeowners will start to use their portable dehumidifiers. The use of portable dehumidifiers poses a significant fire…more

Distributors, Manufacturers, Product Defects, Product Recalls

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Court Differentiates Vandalism from Theft in First Party Insurance Policy

The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung v…more

Allstate, Consumer Protection Act, Denial of Insurance Coverage, IFCA, Insurance Claims

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

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

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

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Navigating Improved Rules for HVCRE Loans – What You Need to Know

On May 24, 2018, the Economic Growth, Regulatory Relief and Consumer Protection Act (the Economic Growth Act or the Act, as applicable) was signed into law. Section 214 of the Economic Growth Act contains provisions that modify…more

Basel III, Commercial Real Estate Market, Financial Institutions, HVCRE, HVCRE Loans

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Fifth Circuit Overturns Ultimate Employer Decision Requirement, Expanding Anti-Bias Rights

On Friday, August 18, 2023, the Fifth Circuit Court of Appeals reversed its long-standing precedent that limited adverse employment actions to ultimate employment decisions, such as hiring, firing, and promotions. This decision…more

Adverse Employment Action, Employment Discrimination, Hiring & Firing, Title VII, Wage and Hour

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HIPAA “Right of Access” Enforcement Trend Continues

The Office of Civil Rights of the Department of Health and Human Services (“OCR”) announced the resolution of three more right of access cases, bringing the total to a whopping 41 since the start of its drive to increase…more

Civil Monetary Penalty, Compliance, Dental Practice, Enforcement Actions, Health Care Providers

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Delaware Supreme Court Rejects Fundamentally Identical Relatedness Standard

On March 16, 2022, in a unanimous decision the Delaware Supreme Court affirmed a Superior Court ruling that a securities class action and a later-filed opt out action were related claims, and thus the subsequent action was…more

Class Action, D&O Insurance, DE Supreme Court, Misrepresentation, Securities Fraud

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New York City Releases Proposed Text for City of Yes for Housing Opportunity

On April 11, 2024, the New York City Department of City Planning (DCP) released the draft zoning text for the City of Yes for Housing Opportunity proposal, the third of the Adams administration’s City of Yes zoning initiatives. …more

Affordable Housing, City of New York, Homeless Issues, Housing Developers, Mayors

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SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains a…more

401k, 403(b) Plans, Automatic Enrollment, Consolidated Appropriations Act (CAA), Employee Benefits

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BCSC Guidance on Joint Actors in Proxy Contests and Early Warning Disclosure Requirements

On December 22, 2023, the British Columbia Securities Commission (the BCSC) rendered a decision in NorthWest Copper Corp. (Re) clarifying when parties are considered to be “acting jointly or in concert” and the appropriate…more

Beneficial Owner, British Columbia Securities Commission (BCSC), Canada, Disclosure Requirements, Early Warning Regime

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Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer Of its Franchisee

On October 1, 2019, the 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th…more

Appeals, Franchises, Joint Employers, McDonalds, Private Attorneys General Act (PAGA)

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Employment Law Now VIII-140 - 7th Anniversary Episode: The Current State of Politics for Employers

In today's special 7th anniversary episode, Michael Schmidt brings back his inaugural and annual guest, Howard Schweitzer, to discuss the current state of politics in this election year and the impact on employers…more

Employer Liability Issues, Labor Reform, Labor Regulations, Legislative Agendas, Regulatory Agenda

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Minnesota Adult-Use Cannabis Bill Emerges from Reconciliation

On April 25, 2023, the Minnesota House passed House File 100 (HF100), a bill authorizing adult-use cannabis, by a vote of 71-59. Three days later, the Minnesota Senate passed Senate File 73 (SF73), a companion bill to HF100, on…more

Agribusiness, Business Licenses, Cannabidiol (CBD) oil, Dispensaries, Governor Walz

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Small Business Relief Programs Receive Additional Funding

On April 24, President Trump signed into law the Paycheck Protection Program and Health Care Enhancement Act, which appropriates an additional $310 billion in funding to the Paycheck Protection Program (PPP) and an additional…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Financial Stimulus

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Wayfair Decided – E-commerce Subject to Use Tax Collection

In a 5-4 decision, the U.S. Supreme Court ruled that out-of-state online retailers can be held responsible for collecting use tax from their customers without having a physical presence in the state. South Dakota v. Wayfair,…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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When Better Late Than Never Isn’t Good Enough: Florida Federal Court Grants Summary Judgment For Insurer In Late-Reported Hurricane Claim

On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case no…more

Commercial Real Estate Market, Denial of Insurance Coverage, Evidence, Hurricane Irma, Insurance Claims

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The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for the…more

Appraisal, Attorney's Fees, Homeowners, Insurance Industry, Prompt Payment

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Hurricane Harvey: Analysis of Subrogation Opportunities for Upstream and Downstream Losses

Just over five years ago, on August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane with wind gusts in excess of 130 mph. The storm produced more than four days of torrential rain: in the aggregate, in excess…more

Hurricane Harvey, Insurance Claims, Insurance Industry, Natural Disasters, Subrogation

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FY25 New York State Budget Update

Monday evening, Governor Hochul announced the “parameters of a conceptual agreement” on the budget. Some highlights of the announced $237B budget are below: Housing - •NYC - •New 485-a incentive to build housing and 6-year…more

Affordable Housing, Asylum, Healthcare, New York, Public Safety

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Pennsylvania Amends Tax Treatment of Grantor Trusts As of January 1, 2025

Starting January 1, 2025, the individual who is the grantor of a trust that qualifies as a grantor trust under Sections 671 through 679 of the Internal Revenue Code will himself or herself be subject to Pennsylvania Personal…more

Beneficiaries, Grantor Trusts, Income Taxes, Internal Revenue Code (IRC), Irrevocable Trusts

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Proposed CFIUS Rules Affirm Evolution and Growth of Review Process, Expansion of Penalties

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed update expanding its mitigation and enforcement provisions, the first such action since the enactment of the Foreign…more

CFIUS, Civil Monetary Penalty, False Statements, FIRRMA, Foreign Entities

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The Latest McHugh Battleground: Class Certification

We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the…more

CA Supreme Court, Class Certification, Death Benefits, Declaratory Relief, Insurance Industry

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Cozen Currents: Look Out Below

The Cozen Lens - •In the inverse of traditional political wisdom, down ballot candidates may be more helpful to President Biden’s re-election than the other way around. •As the importance of immigration rises in voters’ minds,…more

Abortion, Border Security, Consumer Privacy Rights, Data Privacy, Donald Trump

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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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Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024

On January 1, 2024, the hourly minimum wage for certain federal contractor employees will increase to $17.20, according to a Notice issued by the Wage and Hour Division of the United States Department of Labor (DOL) and…more

Davis-Bacon Act, Department of Labor (DOL), Executive Orders, Federal Contractors, Federal Property and Administrative Services Act (FPASA)

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New Jersey Repeals Estate Tax

As a result of new legislation, New Jersey has eliminated its estate tax as of January 1, 2018. Under the estate tax, New Jersey levies a tax on all assets of a decedent’s estate in excess of $675,000 (except assets passing to…more

Death Tax, Estate Planning, Estate Tax, Inheritance Tax

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Third Circuit Rules PTO Not Salary in Win For Employers

In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA)…more

Classification, Exempt-Employees, Fair Labor Standards Act (FLSA), Fringe Benefits, Over-Time

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PA Supreme Court Addresses Level of Proof Required Under Statutory Bad Faith Claim

In an opinion dated September 28, 2017, the Pennsylvania Supreme Court, Western District, considered as an issue of first impression the level of proof required to prevail in a bad faith claim, examining the elements of a bad…more

Bad Faith, Burden of Proof, Cancer, Employer Group Health Plans, Insurance Industry

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Ninth Circuit Brings Clarity To Made In The USA Labeling

Thanks to the California legislature and the Ninth Circuit’s recent unpublished opinion in Fitzpatrick v. Tyson Foods, food manufacturers and distributors in California can label their products “Made in the USA,” even if the…more

Labeling, Made in the USA, Manufacturers, Product Labels, Retailers

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Industry Interactions with Physicians Continue to be a Hot Topic for Civil False Claims Act Enforcement Actions under Private Qui Tam Litigation

In a continuing wave of fraud and abuse civil enforcement actions brought by qui tam relators, big pharma giant, Biogen, is the latest corporate actor to reach a mega settlement with the U.S. Department of Justice (DOJ) for…more

Anti-Kickback Statute, Bribery, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay rent…more

Business Interruption, Business Litigation, Commercial Leases, Commercial Tenants, Contract Terms

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A Big Win For BIPA's Health Care Exclusion

On November 30, 2023, in a unanimous decision, the Illinois Supreme Court issued its decision in the consolidated cases Mosby v. Ingalls Memorial Hospital, et al., and Mazya v. Northwestern Memorial Health Care, No 2023 IL…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints, Health Insurance Portability and Accountability Act (HIPAA)

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Biden Administration’s Voluntary AI Safety Agreement

The Biden administration announced that it brokered a voluntary agreement with several of the biggest technology and artificial intelligence (AI) companies. The agreement, available here, has the companies taking a number of…more

Artificial Intelligence, Bias, Biden Administration, Cyber Threats, Cybersecurity

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House Ways and Means Committee Proposes Reduction of QSBS Exclusion

On September 15, 2021, the House Ways and Means Committee approved its draft tax legislation that was released on September 13, 2021, as part of the “Build Back Better” budget reconciliation program. Included in the draft…more

C-Corporation, Capital Gains, Capital Gains Tax, Corporate Taxes, Gain Exclusion

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Lease Forbearance Agreements in the Age of COVID-19

As retail businesses around the country begin the process of slowly restarting after the COVID-19 shut down, many tenants still find it difficult, if not impossible, to meet their rent and other financial obligations. Some…more

CARES Act, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Forbearance Agreements

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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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Compensation Clawbacks and Preservation of Messaging App Communications Top DOJ Changes to its Evaluation of Corporate Compliance Programs

As part of a sweeping revamp of its white-collar criminal enforcement policies that began last year, the Department of Justice (DOJ) announced two significant changes last week. The first is a new three-year pilot program that…more

Clawbacks, Corporate Misconduct, Department of Justice (DOJ), Executive Compensation, Incentives

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Supreme Court Defines "Contributing Factor" Standard in Whistleblower Cases

On February 8, 2024, the Supreme Court issued its long-awaiting decision in Murray v. UBS Securities. Murray interpreted the “contributing factor” element that a plaintiff must prove to make out a claim of whistleblower…more

Adverse Employment Action, Anti-Retaliation Provisions, Murray v UBS Securities LLC, Protected Activity, Retaliation

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Hurricane Harvey: Analysis of Subrogation Opportunities for Upstream and Downstream Losses

Just over five years ago, on August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane with wind gusts in excess of 130 mph. The storm produced more than four days of torrential rain: in the aggregate, in excess…more

Hurricane Harvey, Insurance Claims, Insurance Industry, Natural Disasters, Subrogation

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Federal Legislators Introduce the American Privacy Rights Act

A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. On April 7, 2024, House Energy and Commerce chair Rep. Cathy McMorris Rogers (R-WA) and Senate…more

California Consumer Privacy Act (CCPA), Communications Act of 1934, Consumer Privacy Rights, Data Privacy, Federal Trade Commission (FTC)

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U.S. Airlines, Aviation Contractors to Receive Additional $15 Billion Under American Rescue Plan Act

On March 11, 2021, the American Rescue Plan Act of 2021 (the Rescue Plan Act) was signed into law, providing much-needed relief to keep employees on airline payrolls. The Act provides “eligible air carriers” with $14 billion ..…more

Air Carriers, Airlines, American Rescue Plan Act of 2021, Aviation Industry, Biden Administration

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New York Sets Maximum Construction Contract Retainage at 5% for Private Projects

On November 17, 2023, Governor Kathy Hochul signed Senate Bill 3539, amending Section 756-a and Section 756-c of the New York General Business Law (more commonly referred to as the Prompt Payment Act) to set the maximum…more

Amended Legislation, Construction Contracts, Construction Industry, Construction Project, Contractors

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DOJ Signals Increased Emphasis on Data Analytics to Prosecute FCPA Global Corruption

On November 29, 2023, Department of Justice (DOJ or Department) policymakers announced explicitly that they are, for the first time, leveraging data analytics to help proactively identify and prosecute crimes in foreign…more

Analytics, Anti-Corruption, Bribery, Corporate Counsel, Criminal Conspiracy

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New York City Releases Proposed Text for City of Yes for Housing Opportunity

On April 11, 2024, the New York City Department of City Planning (DCP) released the draft zoning text for the City of Yes for Housing Opportunity proposal, the third of the Adams administration’s City of Yes zoning initiatives. …more

Affordable Housing, City of New York, Homeless Issues, Housing Developers, Mayors

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Arkansas Court of Appeals: Longshore Harbor Workers’ Compensation Act Payments Not Assignable

In a recent unanimous decision, a three-judge panel of the Arkansas Court of Appeals held that Section 916 of the Longshore and Harbor Workers’ Compensation Act (LHWCA) bars the transfer of LHWCA structured settlement annuity…more

Anti-Assignment Clauses, Appellate Courts, Federal Contractors, Longshoremen, Lump Sum Payments

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Developments in Offshore Wind: Part Two

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the interplay…more

CERCLA, Energy Policy, Infrastructure, Investment Tax Credits, Jones Act

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COVID-19 FAQs For California Employers

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Retaliation Provisions, California, California Family Rights Act (CFRA)

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Cannabis Legalization Sweeps the United States

While the votes are still being counted for the presidential election, the results are in for cannabis ballot initiatives. Voters around the country voted in favor of legalizing recreational and medicinal cannabis in each state…more

Agribusiness, Cannabis Products, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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State AG Pulse | Swinging Through the Rust Belt, the Sun Belt and the South

In our third State AG Pulse episode in season 4, we spotlight the pivotal Pennsylvania race with the benefit of insights from Cozen Public Strategies’ Jim Davis in Harrisburg and Joe Hill in Philadelphia. Meghan Stoppel and…more

Attorney General, General Elections, Political Campaigns, Political Candidates, Presidential Elections

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Fifth Circuit Overturns Ultimate Employer Decision Requirement, Expanding Anti-Bias Rights

On Friday, August 18, 2023, the Fifth Circuit Court of Appeals reversed its long-standing precedent that limited adverse employment actions to ultimate employment decisions, such as hiring, firing, and promotions. This decision…more

Adverse Employment Action, Employment Discrimination, Hiring & Firing, Title VII, Wage and Hour

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Wildfire Smoke Exposure: What are an Employer’s Obligations?

When it became apparent yesterday that the wildfire smoke cascading throughout parts of the Northeastern United States was having a serious health effect on anyone outside and exposed to the harmful particulates contained in…more

Air Quality Standards, Cal-OSHA, Environmental Protection Agency (EPA), NIOSH, Occupational Exposure

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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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Coronavirus and Commercial Real Estate Leases

This Alert is part one in a series of articles intended to examine the effect of the novel coronavirus (COVID-19) outbreak in the United States and its effect on commercial real estate assets whose tenant occupants are…more

Business Disruption, Commercial Leases, Commercial Real Estate Contracts, Contract Terms, Coronavirus/COVID-19

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States of Flux — What Employers Need to Know About Election 2020 and New State Laws

With so much focus on the presidential election, there has been little mention of the meaningful changes to state laws approved by voters across the country. As noted below, many of these changes will have a significant impact…more

Biden Administration, Decriminalization of Marijuana, Gig Economy, Independent Contractors, Labor Reform

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Are Your Old Cannabis and CBD Contracts Enforceable? Maybe Not.

Individuals and businesses involved in the cannabis or CBD industry are likely in the habit of making sure they are apprised of new laws and regulations in the jurisdictions impacting their businesses…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Contract Terms, Marijuana

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DAGA Policy Conference Highlights Democratic AG Priorities, Including Protecting Youth on Digital Platforms and Increasing Antitrust Enforcement

The Democratic Attorneys General Association (DAGA) held a Policy Conference in Seattle, WA from February 14-16, 2024. The conference was well-attended, including 14 Democratic AGs and high-level staff from an additional three…more

Antitrust Investigations, Attorney General, Enforcement, National Association of Attorneys General (NAAG), Professional Conferences

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An Election Agenda for Management if Biden Becomes President

Although the election will be the buzz in every workplace for at least the rest of this week, the prospect of a Biden administration has prompted companies and executives to begin planning for significant changes affecting a…more

Biden Administration, Corporate Management, Diversity and Inclusion Standards (D&I), Estate Planning, Federal Labor Laws

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District of Columbia Legislation of Interest to Owners of Real Property in the District

ELIMINATION OF TERMINATION EXEMPTION FOR DISTRICT OF COLUMBIA UNINCORPORATED BUSINESS FRANCHISE TAX - Under District of Columbia Code, resident or nonresident limited liability companies and general and limited partnerships…more

Franchise Taxes, General Partnerships, Legislative Agendas, LIHTC, Limited Liability Company (LLC)

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Illinois Ban on Salary History Inquiries Dies on Governor’s Desk

Illinois Governor Bruce Rauner has vetoed amendments to the Illinois Equal Pay Act that would have removed wage and salary history from the equation for employers when considering job applicants. Employers are cheering the move,…more

Corporate Counsel, Equal Pay, Equal Pay Act, Pay Equity Laws, Salary/Wage History

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Global Insurance Perspectives on Climate Change

Evolving climate change data presents an ominous trend that has the potential to upend historical assumptions of actuarial science. For example, in the last several years global risk markets have weathered historically…more

Business Judgment Rule, Climate Change, Commercial General Liability Policies, D&O Insurance, Greenwashing

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NYC Council’s Preliminary Budget Response

Earlier this week, the New York City Council released its response to the Mayor’s Fiscal Year 2025 Preliminary Budget. The response identifies $6.15 billion in newly available funds, citing higher-than-expected tax revenue from…more

Budgets, City Councils, Mayors, New York, State and Local Government

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Chicago City Counsel Delays Private Right of Action in Fair Workweek Ordinance

With the July 1 deadline looming and most businesses still closed or operating at a reduced capacity, the Chicago City Council has amended the Fair Workweek (FWW) Ordinance to delay the filing of private employee lawsuits until…more

Deadlines, Employee Rights, Employer Liability Issues, Fair Workweek, Local Ordinance

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The Importance of “Thanks-Giving” in the Workplace

Approaching the Thanksgiving holiday, many people take time to give thanks for what they have. This is a good time to remind employers of the positive impact “giving thanks” has on their employees, work environments and their…more

Corporate Culture, Employee Engagement, Employment Policies

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Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds

In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance…more

Additional Insured, Builders Risk Insurance, Construction Contracts, Insurance Claims, Insurance Industry

See all updates »

NY State Legislators Introduce Legislation to Protect SoHo/NoHo Residents

New York State Senator Brian Kavanagh and New York State Assembly member Deborah Glick have each introduced state legislation to amend the New York Multiple Dwelling Law in relation to joint live-work quarters for artists…more

Artists, Certifications, Fines, New York, Zoning Laws

See all updates »

Pennsylvania Amends Tax Treatment of Grantor Trusts As of January 1, 2025

Starting January 1, 2025, the individual who is the grantor of a trust that qualifies as a grantor trust under Sections 671 through 679 of the Internal Revenue Code will himself or herself be subject to Pennsylvania Personal…more

Beneficiaries, Grantor Trusts, Income Taxes, Internal Revenue Code (IRC), Irrevocable Trusts

See all updates »

Top (Bottom?) Ten of Tax Headaches (Challenges) for Municipal Bond Issuers

Sometimes the first step to solving (or mitigating or avoiding) problems is to identify what the problem may be to, among other things, put time on one’s side. For issuers of tax-exempt municipal bonds, there tend to be…more

Aggregation Rules, Arbitrage, Bond Financing, Debt, Internal Revenue Code (IRC)

See all updates »

EPA Signals Enforcement Direction Shifts

The EPA has made public an April 30 memo from the acting assistant administrator for the Office of Enforcement and Compliance Assurance (OECA) to the national and regional enforcement managers that signals clear and specific…more

Enforcement Guidance, Environmental Liability, Environmental Policies, Environmental Protection Agency (EPA), Next Generation

See all updates »

A Revised Post-Coronavirus Return to Work Checklist

In light of recent guidance issued by the Center for Disease Control and the Equal Employment Opportunity Commission (EEOC), we have updated our Return to Work Checklist.  This checklist is designed to help employers navigate…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Infectious Diseases, Masks

See all updates »

IRS Proposes Helpful Rules for Energy Tax Credits

On November 22, 2023, the Internal Revenue Service published proposed regulations concerning Sections 48, 6417, and 6418. These proposed rules would affect the conditions for claiming energy credits, the amount of energy credits…more

Apprenticeships, Carbon Capture and Sequestration, Department of Energy (DOE), Energy Projects, Investment Tax Credits

See all updates »

Fifth Circuit: Covenant Not to Execute is a Settlement — Relieves Primary Insurer of Duty to Defend

On November 11, 2019, the U.S. Court of Appeals for the Fifth Circuit ruled in Aggreko, L.L.C. v. Chartis Specialty Ins. Co., No. 18-40325, 2019 WL 5866880 (5th Cir. Nov. 11, 2019) that, under both Texas and Louisiana law, a…more

Duty to Defend, Insurance Industry, Insurance Litigation, Policy Limits, Wrongful Death

See all updates »

Secondary Market Investor Files Interest Rate Class Action

After years of pursuing life insurers with Cost of Insurance (COI) class actions, we are now seeing a new life insurance secondary market investor strategy — suing life insurers on a class action basis for not paying enough…more

Breach of Contract, Class Action, COI Rates, Covenant of Good Faith and Fair Dealing, Insurance Litigation

See all updates »

It’s a New Year – With Many New State Minimum Wage Laws

The new year brings a host of new state wage and hour laws. Employers should take note that as of January 1, 2022, almost half of U.S. states increased their minimum wage rate. As a result, 30 states and the District of Columbia…more

Corporate Counsel, Employer Liability Issues, Minimum Salary, Minimum Wage, Over-Time

See all updates »

Harmony at Last? – Coast Guard Takes Steps to Embrace State Titling Laws

On September 22, 2021, the U.S. Coast Guard published a Notice of Proposed Rulemaking (NPRM), which would implement various changes relating to the certification of states’ titling systems for undocumented vessels. The NPRM aims…more

Coast Guard, Maritime Liens, Maritime Transport, Mortgages, NPRM

See all updates »

Property Owners Owe Duty of Reasonable Care to Neighbors in Maryland if Circumstances Create Hazard

In June of last year we reported an affirmance from the Maryland Court of Special Appeals holding that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that property…more

Duty of Care, Expert Testimony, Insurance Litigation, Property Owners, Standard of Care

See all updates »

USTR Annual Report to Congress on China’s Compliance with WTO: Request for Public Comments

China became a member of the World Trade Organization (WTO) on December 11, 2001. In accordance with Section 421 of the U.S.-China Relations Act of 2000, The Office of the United States Trade Representative (USTR) is required to…more

China, Comment Period, Compliance, Customs and Border Protection, Imports

See all updates »

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines (ALERT)

California’s Private Attorney’s General Act (“PAGA”) has created an extremely friendly litigation environment for employees in California. While the 2021 Ninth Circuit decision in Bernstein v. Virgin Am., Inc., 3 F.4th 1127 (9th…more

Administrative Agencies, Arbitration, California, Class Action, Commerce Clause

See all updates »

Ninth Circuit Confirms: Text Messages Are NOT “Prerecorded Voice Messages” Under TCPA

On August 8, 2023, the Ninth Circuit Court of Appeals issued a substantial win for Telephone Consumer Protection Act (TCPA) defendants in a case of first impression styled Trim v. Reward Zone. In the aftermath of Facebook,…more

Auto-Dialed Calls, Consent, Do Not Call List, Facebook Inc v Duguid, Robocalling

See all updates »

Transitioning for the End of LIBOR

In July 2017, Andrew Bailey, chief executive of the UK Financial Conduct Authority (FCA), announced that by the end of 2021, the FCA would no longer seek to compel or persuade panel banks to submit quotes for LIBOR…more

Benchmarks, Consumer Financial Products, Financial Conduct Authority (FCA), Financial Services Industry, Interest Rates

See all updates »

Climate Change – Real Estate Impact

Perception becomes reality. Whether alarmist or denier, believer or skeptic, those responsible for making decisions in response to the perceived threat of climate change have taken the side of caution over indecision and…more

Capital Improvements, Climate Change, Construction Industry, Construction Project, Earthquakes

See all updates »

USPTO Issues Revised Guidances Concerning 35 U.S.C. §§ 101 and 112

On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued two new guidances setting forth revised procedures for examining patent applications. These procedures apply to all patent applications, regardless of when…more

Patent Applications, Patent-Eligible Subject Matter, Patents, Section 101, USPTO

See all updates »

U.S. District Court for the Northern District of Alabama Finds CTA Unconstitutional: National Small Business United, et al v. Yellen et al

In a case brought by the National Small Business Association and an individual owner of a small business (Plaintiffs), the U.S. federal district court for the Northern District of Alabama has ruled that the Corporate…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Transparency Act, FinCEN

See all updates »

CBP Proposes Changes to APIS System to Strengthen Aviation Security

On February 2, 2023, the U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking (NPRM) designed to strengthen international air travel security by enhancing information that commercial aircraft operators…more

Airline Passengers, Airlines, Aviation Industry, Customs and Border Protection, NPRM

See all updates »

Employers Must Vigilantly Evaluate WARN Obligations As Pandemic Continues

American employers are in their fifth month of dealing with the impact of the coronavirus pandemic. Government limitations aimed at minimizing the spread of the virus and drops in product demand due to the coronavirus pandemic…more

Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing, Labor Regulations, Layoff Notices

See all updates »

Broad Street Brief: City Works to Address Kensington’s Opioid Crisis

The 100th Mayor’s First 100 Days- In her first 100 days, Mayor Cherelle Parker has tackled issues including boosting public safety, stabilizing Kensington, combating the city's “Filthadelphia” reputation, creating more…more

Budgets, Mayors, Public Safety, Public Transportation, Restaurant Industry

See all updates »

Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law

The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of…more

Amicus Briefs, Anti-Discrimination Policies, Anti-Harassment Policies, Appellate Courts, Constitutional Challenges

See all updates »

Class Certification Denied in Portion of COI Case Based on Argument that the Policies are STOLI

The United States District Court for the Southern District of New York recently issued a decision denying class certification to sub-classes in a cost of insurance (“COI”) class action based upon the insurer’s defense that…more

Class Action, Class Certification, COI Rates, Consumer Insurance Products, Insurance Litigation

See all updates »

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

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

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

See all updates »

Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law

The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of…more

Amicus Briefs, Anti-Discrimination Policies, Anti-Harassment Policies, Appellate Courts, Constitutional Challenges

See all updates »

Are You Secure? DOJ’s Cyber-Fraud Initiative and Heightened FCA Enforcement

False Claims Act (FCA) enforcement has routinely targeted false information supplied to Medicare and Medicaid. A new trend in false-reporting cases is emerging under the FCA’s broad authority — cybersecurity enforcement. Under…more

Corporate Counsel, Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors

See all updates »

Caveat Empty Box

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

Arbitration, Arbitration Agreements, Class Action, Manufacturers, Toshiba

See all updates »

Council President Clarke Introduces District Overlay Requiring Affordable Housing in New Construction

On October 20, Philadelphia City Council President Darrell Clarke introduced legislation that would institute mandatory inclusionary zoning in a portion of his district. The legislation would expand both requirements imposed…more

Affordable Housing, City Planning Departments, Construction Project, State and Local Government, Urban Planning & Development

See all updates »

State AG Pulse | AG Elections: Summing Up 2023 and Eying Up 2024

The 2023 AG elections showed Republican wins across the board, contrasting with Democratic success across the country on ballot initiatives in Ohio, judicial races in Pennsylvania, legislative races in Virginia and the Kentucky…more

Political Campaigns, Regulatory Agenda, State and Local Government, State Attorneys General, State Elections

See all updates »

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as a…more

Appeals, Appellate Courts, Bodily Injury, Conflicts of Interest, Constitutional Challenges

See all updates »

Continuing the “Return to Normalcy” at the Pennsylvania Public Utility Commission

The Pennsylvania Public Utility Commission (PUC), like many other public and private organizations, is gradually returning to pre-pandemic procedures. Commission staff will soon return to the office and the PUC has issued orders…more

Coronavirus/COVID-19, Filing Requirements, Natural Disasters, Public Utility, Reporting Requirements

See all updates »

USTR Annual Report to Congress on China’s Compliance with WTO: Request for Public Comments

China became a member of the World Trade Organization (WTO) on December 11, 2001. In accordance with Section 421 of the U.S.-China Relations Act of 2000, The Office of the United States Trade Representative (USTR) is required to…more

China, Comment Period, Compliance, Customs and Border Protection, Imports

See all updates »

Hurricane Laura: What Can Insurers Expect with Claims in Texas and Louisiana?

Last week Hurricane Laura became the strongest hurricane on record to make landfall in the state of Louisiana since 1856. The Category 4 storm claimed at least 10 lives and caused an estimated $4 to $7 billion in property damage…more

Concurrent Causation, Endorsements, Flood Insurance, Hurricane Season, Insurance Claims

See all updates »

Fair Use, Copyright, and Trademark Implications of Generative AI

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely on…more

Artificial Intelligence, Copyright, Copyright Office, Fair Use, Machine Learning

See all updates »

The Latest McHugh Battleground: Class Certification

We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the…more

CA Supreme Court, Class Certification, Death Benefits, Declaratory Relief, Insurance Industry

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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