Cozen O'Connor

Eleventh Circuit: Inventory Computation Exclusion Bars Alabama Employee Theft Claim

In February, we reported on an Alabama federal court decision that barred an insured from recovering for employee theft where the only evidence of shortage was a comparison between computer records and a physical inventory…more
| Commercial Law & Contracts, Insurance

Eleventh Circuit Finds No Bad Faith in Multiple-Claimant Claims-Handing Situation

In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise to…more
| Civil Procedure, Insurance

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they…more
| Commercial Law & Contracts, Labor & Employment Law

Some Lessons From Berg v. Nationwide Mut. Ins. Co.

On July 22, 2015, the Pennsylvania trial court in Berg v. Nationwide Mut. Ins. Co., Civ. Action No. 98-813 (Pa. Common Pleas, Jul. 22, 2015) filed a supplemental opinion under Pa. R.A.P. 1925(a) in connection with the appeal of…more
| Civil Remedies, Insurance

Virginia Shooting Raises Questions About Background Checks

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an ex-employee…more
| Civil Rights, Labor & Employment Law

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
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Texas Court Addresses What Constitutes an “Itemized” Appraisal Decision

On Tuesday of this week, a unanimous panel of Texas’ intermediate level appellate court rejected arguments that an appraisal award that set forth lump sum replacement cost, depreciation, and actual cash value amounts for real…more
| Commercial Law & Contracts, Insurance, Real Estate - Residential

The Ashley Madison Hack — Will It Cause Couples To Divorce?

Everyone is speculating that the Ashley Madison hack will mean an increase in business for divorce lawyers. This remains to be seen. However, the real question is what happens if your name appears on the list of users? And…more
| Family Law

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

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

Court Determines that Stepchild Does Not Fall Under Definition of Child

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born and…more
| Administrative Law, Civil Procedure, Family Law, Immigration Law

August 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s launch of an investigation of alleged price gouging by airlines following Amtrak train service disruption in the Northeast Corridor, the agency’s…more
| Civil Rights, Consumer Protection, Elections & Politics, Privacy, Transportation

California Statute Trumps Anti-Assignment Clauses in Liability Insurance Policies

In a unanimous decision that will have a serious impact on long-tail exposures, the California Supreme Court in Fluor Corp. v. Superior Court (Hartford Acc. & Indem.) has determined that policyholders may transfer liability…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

USCIS Revises Preparer’s Declaration on Form I-129

USCIS recently published a new Form I-129, Petition for a Nonimmigrant Worker. The new Form I-129 contains a revised “Petitioner’s Declaration” and revised “Preparer’s Declaration,”..…more
| Immigration Law

Hurricanes vs. Wildfires — 2015’s Dramatic Contrast

Two of this blog’s four rotating headers depict a hurricane and a fire as examples of potentially-destructive types of property damage, and the hurricane season (June through November) and the wildfire season (late spring…more
| Commercial Law & Contracts, Insurance, Real Estate - Residential

Yelp Reviewers Are Not “Employees”

In a world where the lines between employees and volunteers/interns are becoming increasingly blurred, it is nice to see at least one court easily dispense with a wage and hour lawsuit. On August 13, 2015, a federal judge in…more
| Communications & Media Law, Labor & Employment Law
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