Cozen O'Connor

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

Virtually all property insurance policies contain an appraisal clause, which outlines the appraisal procedure in broad terms. Those broad terms sometimes do not provide much guidance about the process, or about the effect which…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

Does Your Company Need a Pokémon Policy?

The latest craze is Pokémon Go, an app for smartphones that allows people to “catch” Pokémon creatures by integrating the real world with the virtual world. So what do you do if you see one of your employees wandering around…more
| Communications & Media Law, Labor & Employment Law

The Justice Dept. Petitions the Supreme Court to Rehear United States v. Texas

Last month, the Supreme Court issued a one-sentence opinion after a 4-4 split on United States v. Texas. This decision was devastating for millions of undocumented immigrants living in the United States because it left in place…more
| Civil Procedure, Immigration Law, Labor & Employment Law

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

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the Economic…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Road to the Oval Office: Conventions Preview – July 13

Mark, Howard, and Blake preview the RNC and DNC and discuss how they see the conventions unfolding. Blake: Thank you very much. Welcome everyone to our continued series discussing the 2016 presidential race. As we noted, we…more
| Elections & Politics

China Loses Claims to the South China Sea in Landmark Decision

On Tuesday, China received a binding decision from the Permanent Court of Arbitration at The Hague, Netherlands, regarding territorial claims in the South China Sea. The international tribunal ruled unanimously that China’s…more
| Energy & Utilities, Environmental Law, International Law & Trade, Maritime Law, Transportation

New FDA Draft Guidance on Updates to Certain Generic Labeling

On July 8, 2016, the U.S. Food and Drug Administration released draft guidance amending the process for manufacturers to update labeling of generic drugs in situations where the reference drug labeling has been withdrawn for…more
| Communications & Media Law, Consumer Protection, Products Liability, Science, Computers, & Technology

More Common Sense: Coverage for Collapse Requires More Than an Engineer’s Finding of Substantial Impairment

In February this blog commented on Washington State’s newly-adopted definition of “collapse” in property insurance policies that contain no specific definition of the term. (Observer, February 8, 2016, Common Sense Prevails: …more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

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

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Subrogation recovery did not violate the made-whole-rule and was not in bad faith per Wisconsin Sup. Ct.

It is highly unusual to find an insurance bad faith case which stems from an insurance company’s subrogation recovery. On July 6th, Wisconsin’s highest court had such a case, reversing the appellate court and holding that…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury

OCR Announces New HIPAA Guidance on Ransomware

In response to the increasing prevalence of ransomware cyber-attacks by hackers on electronic health information systems in hospitals and medical practices, the Department of Health and Human Services (HHS) Office for Civil…more
| Health, Privacy, Science, Computers, & Technology

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

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

National Labor Relations Board Makes Unionizing of Staffed Workforces Much Easier

On Monday, July 11, the National Labor Relations Board gave a big gift to unions trying to organize staffing company employees and employees in workplaces combining supplied employees and employees working solely for a user…more
| Labor & Employment Law

New Regulations Increase Fines for Immigration-Related Violations

Recently, the U.S. Department of Justice (DOJ) issued an interim final rule that will increase fines on U.S. employers for violations of federal immigration law. The rule has the potential to substantially increase penalties for…more
| Immigration Law, International Law & Trade, Labor & Employment Law

Genuine Dispute Defeats Both Bad Faith and Elder Abuse

The Paslays sued State Farm for failing to pay a portion of the damage caused to their Pacific Palisades house by a heavy rainstorm and for forcing them to move back into the house while it was still under construction. The…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential
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