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
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • Minnesota
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • Texas
  • Washington
Other Countries
  • Canada
  • United Kingdom
Number of Attorneys
400+ Attorneys

Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before…more

Breach of Contract, Claims Made Policy, D&O Insurance, Denial of Insurance Coverage, Late Notices

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Protection of Marijuana Brands in the United States

Brand protection for companies engaged in marijuana-related businesses continues to present special challenges given the federal prohibition on the sale, distribution, and possession of marijuana under the Controlled Substances…more

Brand, Controlled Substances Act, Marijuana, Marijuana Related Businesses, Trademark Registration

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Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important aspect…more

Advertising, Advertising Substantiation, Burden of Proof, Class Action, Dismissals

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Beltway Briefing: March 21

Blake Rutherford, Mark Alderman, and Howard Schweitzer, of Cozen O'Connor Public Strategies, discuss the recent developments in politics and policy in Washington, D.C. Blake: Thank you very much, and thanks to everyone for…more

Barack Obama, Donald Trump, FBI, Political Campaigns, Presidential Elections

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

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

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

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November 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive…more

Aviation Industry, BIS, Cuba, Department of Transportation (DOT), Federal Aviation Administration (FAA)

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Will Congress Come Together for Telemedicine?

Consistent with what we have been seeing in our own practice, and consumers’ growing demand for better access to telemedicine services, a bi-partisan movement is growing in both houses of Congress to expand telehealth services,…more

Medicare Access and CHIP Reauthorization (MACRA), MIPS, Proposed Legislation, Telemedicine

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Flood Exclusion Unambiguously Excludes Coverage For $49.5M In Hurricane Sandy Losses Caused By Storm Surge

Cozen O’Connor attorneys Thomas McKay III, Richard Mackowsky, Charles Jesuit, and Melissa Brill recently secured summary judgment from the United States District Court for the Eastern District of New York in favor of Great…more

All-Risks Insurance, Commercial Insurance Policies, Flood Insurance, Flooding, Hurricane Sandy

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In Re: Hurricane Harvey, Inverse Condemnation And Potential Subrogation Actions

I. OVERVIEW - On August 25, 2017, Hurricane Harvey made landfall near Rockport, Texas as a Category 4 Atlantic hurricane. It then stalled over Houston. After landfall, winds diminished but precipitation did not, and over the…more

Flooding, Hurricane Harvey, Inverse Condemnation, Property Damage, Subrogation

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Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment…more

Adverse Employment Action, Anti-Harassment Policies, C-Suite Executives, Civil Rights Act, Employee Training

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I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster…more

Collective Bargaining Agreements (CBA), Compliance, DOL, EEO-1, Employer Liability Issues

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Fourth Circuit: Rule 23(f) Review Does Not Apply to Decertification Denials

Rule 23(f) provides for discretionary interlocutory review of an order “granting or denying class-action certification” if a party files a petition for permission to appeal within 14 days after the order is entered. Last month,…more

Appeals, Class Action, Class Certification, Rule 23(f)

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Medical Marijuana to be Legal in Pennsylvania

The Pennsylvania House of Representatives on April 13, 2016 passed Senate Bill 3, legalizing medical marijuana in the commonwealth of Pennsylvania. The Pennsylvania Senate had approved the bill earlier in the week…more

Decriminalization of Marijuana, Department of Health, Medical Marijuana, Pending Legislation

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SEC Issues Guidance on Initial Coin Offerings

On July 25, 2017, the Securities and Exchange Commission (SEC) Division of Enforcement issued an investigative report on a hot new fundraising phenomenon being used by emerging companies, venture capital funds, and hedge funds…more

Bitcoin, Blockchain, Emerging Growth Companies, Hedge Funds, Initial Coin Offering (ICOs)

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Coverage to Rebuild a Foundation to Comply with Changed Building Codes Following a Fire are Subject to Code-Upgrade Endorsement’s Sublimit

Does the efficient proximate cause rule serve to afford coverage for the additional costs to rebuild the foundation of a home in compliance with changed building code requirements beyond the sublimit of liability of an optional…more

Appeals, Building Codes, Construction Industry, Construction Project, Denial of Insurance Coverage

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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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Subrogation Against Parents for Actions of Their Children

Can parents be held responsible for property damage caused by their children? Almost every state in the country has adopted some form of a parental liability statute, which forms the legal basis for holding parents vicariously…more

Negligence, Property Damage, Subrogation, Supervision, Vicarious Liability

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Important Update Regarding 2019 Diversity Immigrant Visa Lottery Program

As announced in our Immigration Alert posted September 18, 2017, the U.S. Department of State (DOS) announced the opening of the registration period for the 2019 Diversity Immigrant Visa Program. Registration was set to begin on…more

Diversity Lottery, Immigrants, Registration Requirement, US Department of State, Visas

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At The Well Weekly – Oil And Gas Update For Week Ending 11/17/2017 – WV/China MOU For Natural Gas Development Investments Makes Headlines, Fuel Gas Royalty Class Action Survives In Oklahoma, Colo. Supremes OK Refund For Overpaid Oil/Gas Production Taxes

Spot prices in Appalachia increased since our last report based largely on cold temperature forecasts while the rig count and oil prices maintained their positions. In Appalachia, West Virginia reports that it reached a…more

Commodities, Energy Sector, Natural Gas, Oil & Gas, Oil Prices

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“Full Employment for CISOs in New York”: New York Proposes the Nation’s First Cybersecurity Regulation

If you’re a CISO living in New York get ready for the phone calls!!! On September 13, 2016, Governor Andrew M. Cuomo proposed the nation’s first cybersecurity regulation. Starting on September 28, 2016 there is a limited 45 day…more

CISO, Cybersecurity, Financial Institutions, NYDFS, Public Comment

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Employers May Fire Employees for State-Licensed Medical Marijuana Use, Colorado Supreme Court Holds

In a much anticipated decision, the Colorado Supreme Court confirmed an employer’s right to fire employees for drug use — even state-licensed use of medical marijuana. The court ruled in a unanimous decision that Dish Network…more

CO Supreme Court, Dish Network, Drug & Alcohol Abuse, Hiring & Firing, Medical Marijuana

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed…more

Appeals, Aviation Industry, Federal Aviation Administration (FAA), Manufacturers, Preemption

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The Do’s And Don’ts Of Summertime Custody

Summertime and the living is easy, that is, except for those involved in a custody dispute. With relaxed schedules, vacations, camp, and changing activities, summertime custody can prove to be more difficult for parties to…more

Child Custody, Co-Parenting, Custody, Divorce, Parenting Plans

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Commonwealth Court Unanimously Holds that Local Business Privilege Tax Must be Fairly Apportioned

A panel of the Commonwealth Court unanimously held that a local Business Privilege Tax (BPT) imposed on fees paid by Pennsylvania 7-Eleven franchisees to 7-Eleven’s regional office in the township was unconstitutional because it…more

7-Eleven, Business Privilege Tax, Commerce Clause, Franchises

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New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known

Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of…more

Construction Defects, Insurance Industry, Property Damage, Subcontractors

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Battery Problems Spread to Smartphones

After more than a decade of laptop battery fires, coupled with the surge in new battery operated devices causing fires (including hoverboards and e-cigarettes), it seemed almost impossible that news of a new string of…more

Consumer Product Safety Commission (CPSC), Lithium Batteries, Manufacturers, Product Recalls, Smartphones

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Tenth Circuit Holds That Two-And-One-Half Years And Two-And-One-Half Million Dollars Do Not Constitute Prejudice

In BSC Holding, Inc. et al. v. Lexington Ins. Co., — Fed.Appx. –, 2014 WL 929194 (10th Cir., March 11, 2014), the Tenth Circuit recently underscored how difficult it can be for an insurer to demonstrate prejudice as a result of…more

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

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Rumored Merger of OFCCP into EEOC Bolstered by Proposed Budget

In a move that could affect all employers, and significantly change the handling of discrimination charges and federal contractors’ affirmative action requirements, the Trump administration’s draft budget proposes a merger…more

Affirmative Action, EEOC, Federal Contractors, Mergers, Non-Discrimination Rules

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Rollback of SEC Regulations Promulgated Under Dodd-Frank Has Begun

In several uncoordinated actions, the dismantling of Securities and Exchange Commission (SEC) regulations promulgated under The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has begun. In two…more

Conflict Mineral Rules, Consumer Protection Act, Dodd-Frank, Executive Orders, Financial Regulatory Reform

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Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news, of…more

Employer Liability Issues, Exempt-Employees, FLSA, FTC, Gun Laws

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Illinois Tightens Settlement Procedures

We have all experienced the frustration of having negotiated an acceptable settlement recovery after years of loss investigation and discovery, only to have the settling defendant drag its heels in terms of proffering a release…more

Settlement

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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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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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Using the Privilege: Fifth Amendment Fundamentals for Corporations

Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and…more

Attorney-Client Privilege, Corporate Officers, Fifth Amendment, SEC, Securities Fraud

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Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy

This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas’ intermediate level appellate court rejected policyholder…more

Appeals, Claims Made Policy, Contamination, Environmental Liability, Insurance Industry

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The White House’s One-Two Punch to Obamacare: A Knockout Blow To The ACA?

In moves that stunned and alarmed insurers, providers, and consumers alike, on October 12, the White House issued an announcement and an Executive Order that appear to be purposefully designed to decimate the Health Insurance…more

Affordable Care Act, Executive Orders, Health Insurance, Healthcare Reform, Trump Administration

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Colorado Supreme Court Limits Use of Extrinsic Evidence and Reasonable Expectations Doctrine

On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen, No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret ambiguous policy language, not…more

Ambiguous, Auto Insurance, Bad Faith, Breach of Contract, CO Supreme Court

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Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news, of…more

Employer Liability Issues, Exempt-Employees, FLSA, FTC, Gun Laws

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DOL Fiduciary Rule Taking Effect June 9 Is Low-Calorie, But Still Hard for Some to Swallow

Though many in the financial services industry were hoping for a reprieve, anyone who receives compensation for providing investment advice in connection with an ERISA plan or IRA will be considered a fiduciary effective June 9,…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Rule, Financial Services Industry

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Sports Teams Can Deduct Full Cost of Pre-Game Meals for Traveling Employees at Hotels at Away Games

Overview - In a surprising decision, the Tax Court has allowed the owners of the Boston Bruins hockey team (a subchapter S corporation) to deduct 100 percent of the cost of pre-game meals at hotels for employees while…more

IRS, Meal and Entertainment Expenditures, S-Corporation, Tax Court, Tax Deductions

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Moving Out of State? – Relocation Standards in New Jersey and Pennsylvania

New Jersey – The New Relocation Standard - Can a custodial parent in New Jersey move to another state and still retain custody if permission is not obtained from the other parent? A recent New Jersey State Supreme Court…more

Child Custody, Co-Parenting, Parenting Plans, Parenting Time, Physical Custody

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Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase…more

Competition, Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Multidistrict Litigation

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Practice Leasing: An Alternative Worth Considering

As hospitals look to forge alignments with medical staff physicians and many “independent” physicians consider whether they want to become employees of a hospital or health system or remain independent operators of their own…more

Healthcare, Hospitals, Leases, Physicians

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Will the New General Data Protection Regulations (“GDPR”) Be a Block in the Chain?

Yes, I know that I ooze wit, but seriously, on the 25 May 2018, the new GDPR will come into force, which replaces the current data protection regulations (irrespective of Brexit). The principle at the heart of the GDPR is that…more

Blockchain, Data Protection, General Data Protection Regulation (GDPR), Personal Data, Popular

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Third Circuit Says No To Insured’s Request For Reserve Information

In a victory for insurers, the United States Court of Appeals for the Third Circuit recently rejected an insured’s discovery request for reserve information in a first-party bad faith action. In its April 29, 2014 decision in…more

Appeals, Bad Faith, Discovery, Insureds

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A New Twist in the California Debate Over Allegedly Inadequate Replacement Cost Limits in Homeowners’ Policies

The April 8, 2015 decision of the California Court of Appeals in Ass’n. of Cal. Insurance Companies v. Jones, 2015 WL 1569669, 2015 Cal. App. LEXIS 298 (Cal.Ct.App., Apr. 8, 2015) held that the state’s Insurance Commissioner…more

Appeals, Homeowner's Insurance, Insurance Litigation, Property Damage, Replacement Costs

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Pennsylvania Federal District Court: Insurer’s Reliance on “Reasonable” Interpretation of Law Does Not Automatically Bar Bad Faith

On March 13, 2017, the United States District Court, Eastern District of Pennsylvania, rejected the argument that an insurer does not act in bad faith if it relies on a reasonable interpretation of unsettled case law. The court…more

Allstate, Assault, Bad Faith, Breach of Contract, Duty to Defend

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New Law Requires NYC Condos and Coops to Adopt Smoking Policies

Every residential building in New York City is now required to establish and display a smoking policy that specifies where smoking is and is not permitted on the property by August 28, 2018, pursuant to Local Law 147 (LL 147)…more

Bylaws, Condominiums, Public Policy, Residential Property Owners, Smoking Bans

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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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Colorado Supreme Court Limits Use of Extrinsic Evidence and Reasonable Expectations Doctrine

On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen, No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret ambiguous policy language, not…more

Ambiguous, Auto Insurance, Bad Faith, Breach of Contract, CO Supreme Court

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Subrogation Against Parents for Actions of Their Children

Can parents be held responsible for property damage caused by their children? Almost every state in the country has adopted some form of a parental liability statute, which forms the legal basis for holding parents vicariously…more

Negligence, Property Damage, Subrogation, Supervision, Vicarious Liability

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Medical Marijuana to be Legal in Pennsylvania

The Pennsylvania House of Representatives on April 13, 2016 passed Senate Bill 3, legalizing medical marijuana in the commonwealth of Pennsylvania. The Pennsylvania Senate had approved the bill earlier in the week…more

Decriminalization of Marijuana, Department of Health, Medical Marijuana, Pending Legislation

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ESOPs’ Fables: On Winning Wars but Losing Battles

As the end of the Supreme Court term approached, decisions came down fast and furious. Last week’s big decisions, at least around our nerdish water cooler, were Halliburton and Fifth Third Bancorp v. Dudenhoeffer. (Yes, we know…more

Cell Phones, Employee Benefits, ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer

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SEC Charges 71 Issuers under its Municipalities Continuing Disclosure Cooperation Initiative

On August 24, 2016, the Securities and Exchange Commission (SEC) announced enforcement actions against 71 municipal issuers and other obligated persons (collectively, the municipal issuers) under the SEC’s Municipalities…more

Disclosure Requirements, Enforcement Actions, False Statements, MCDC, Municipal Bonds

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Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy Limits?

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy…more

Appeals, Bad Faith, Car Accident, Insurance Industry, Insurance Litigation

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New IRS Reporting Rule Could Bite Unwary Foreign Investors

There are two main sources of reporting requirements for foreign investors in the United States — the Internal Revenue Service and the Bureau of Economic Analysis. The IRS recently upped its game by requiring reports from wholly…more

Annual Reports, Bureau of Economic Analysis, Covered Entities, Employer Identification Number (EIN), Foreign Investment

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Texas Reforms Insurance Litigation – Section 542A of the Texas Insurance Code 60 Days to Get Your House in Order

Texas has finally enacted statutory reforms specifically designed to combat abusive insurance litigation. Enacted primarily in response to hailstorm lawsuits, the scope of the reforms are much broader. Effective September 1,…more

Insurance Code, Insurance Industry, Insurance Litigation, Litigation Strategies, Notice Requirements

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DOL Fiduciary Rule Taking Effect June 9 Is Low-Calorie, But Still Hard for Some to Swallow

Though many in the financial services industry were hoping for a reprieve, anyone who receives compensation for providing investment advice in connection with an ERISA plan or IRA will be considered a fiduciary effective June 9,…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Rule, Financial Services Industry

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New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known

Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of…more

Construction Defects, Insurance Industry, Property Damage, Subcontractors

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“Legitimate Business Interests” Justifying Non-Competes Are Not Limited to those Listed in Statute

On September 14, 2017, the Florida Supreme Court, in White v. Mederi Caretenders Visiting Services of S. E. Florida, LLC, et. al., 2017 WL 4053930, 42 Fla. L. Weekly S 803a (Fla. 2017) issued a ruling finding that referral…more

Employment Contract, FL Supreme Court, Health Care Providers, Legitimate Business Interest

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Washington Court of Appeals Holds No Duty to Defend: An Invitation to Initiate Cleanup Is Not A Suit

On June 2, 2014, the Washington State Court of Appeals issued a published opinion regarding what constitutes a “suit” in the context of environmental liability claims under the Model Toxics Control Act (MTCA). The court held…more

Contamination, Department of Toxic Substances Control, Duty to Defend, Toxic Exposure

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Reservation of Rights Requirements Adopted by South Carolina Supreme Court

The South Carolina Supreme Court’s recent decision in Harleysville Group Insurance v. Heritage Communities, Inc., Appellate Case Nos. 2013-001281 and 2013-001291, 2017 WL 105021 (S.C. Jan. 11, 2017) affirms what is and is not…more

Commercial General Liability Policies, Construction Industry, Insurance Industry, Property Damage, Reservation of Rights

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“Uncollectibility” Is an Affirmative Defense to Legal Malpractice Claims in Washington

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to a…more

Attorney Malpractice

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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

DOL, FLSA, Minimum Salary, Minimum Wage, Over-Time

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Delaware Legislature Considers Legalizing Recreational Marijuana Use

House Bill No. 110 (HB 110) was recently introduced in the Delaware legislature to allow for recreational marijuana use by individuals 21 years of age or older. HB 110 would create a regulatory system for recreational marijuana…more

Controlled Substances Act, Decriminalization of Marijuana, Dispensaries, Marijuana, Marijuana Related Businesses

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Expanding When Liability is “Reasonably Clear”: Massachusetts Court Chips Away at Bad Faith Counterarguments

Earlier this month, a Massachusetts Appellate Court affirmed a trial court’s award of bad faith damages in a case where it found the insurer’s approach to a claim to be “at best inattentive, if not incompetent.” Although the…more

Bad Faith, Insurance Litigation, Subcontractors

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The Growing Business of Marijuana

Cannabis is a banned controlled substance under the federal Controlled Substances Act and thus manufacturing, selling, or distributing cannabis violates federal criminal law. That notwithstanding, the marijuana business is…more

Controlled Substances Act, DOJ, Marijuana, Marijuana Related Businesses

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Court Rejection of FERC’s Actions on PJM MOPR Filing Likely to Change FERC Decision Making

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Federal Energy Regulatory Commission (FERC) actions modifying PJM’s Minimum Offer Price Rule filing. NRG Power Marketing, LLC, et al. v…more

Energy Sector, Federal Power Act, FERC, Natural Gas Act, Oil & Gas

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Are We Becoming More Social?

It goes without saying that there’s been much attention given to the use of social media in litigation. As litigators, we regularly monitor Facebook, LinkedIn, Instagram and other social media networks to surveille those who…more

Notifications, Service of Process, Social Media, Social Networks

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Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy Limits?

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy…more

Appeals, Bad Faith, Car Accident, Insurance Industry, Insurance Litigation

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Jurisdiction Over Out-Of-State Property In A Multi-State Divorce

In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a…more

Divorce, In Rem Jurisdiction, Marital Assets, Marriage, Personal Jurisdiction

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

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the Economic…more

Asset Seizure, Damages, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens

Summary of Holding - In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the…more

Appeals, Commercial Bankruptcy, First Impression, Liens, Shipping Cargo

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Time to Get Moving: Transportation and Coast Guard Regulatory Reform Opportunities

The U.S. Department of Transportation (DOT) and the U.S. Coast Guard (USCG) will publish notices on June 8, 2017, soliciting public comments to help shape their regulatory reform efforts under Executive Order (EO) 13771,…more

Coast Guard, Department of Transportation (DOT), Executive Orders, Federal Aviation Administration (FAA), MARAD

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What De Blasio’s Land Use Agenda Means for Brooklyn Real Estate Development

Even with all the development of the last 20 years, Brooklyn, the most populous of New York City’s five boroughs, now approaching 2.7 million residents, continues to attract strong interest from developers, each scouring the…more

Industrial Design, Mayor di Blasio, Property Tax, Public Transportation, Real Estate Development

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Proposed Legislation to Relax Rules on Medical Device Reporting Passes U.S. House

On July 13, 2017, the U.S. House of Representatives passed a bill that would triple the amount of time in which medical device manufacturers are required to report certain malfunctions of some products to the Food and Drug…more

FDA, Manufacturing Defects, Medical Devices, Proposed Legislation, Reporting Requirements

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Hospitals Will Need Psychiatrists And Mental Health Professionals To Satisfy EMTALA

Hospitals that have emergency departments should call upon their “available resources” to screen and stabilize patients with mental health emergencies as required by the Emergency Medical Treatment and Labor Act (“EMTALA”)…more

CMS, EMTALA, Health Care Providers, Healthcare Facilities, HHS

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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Historic U.S.-China Agreement to Cut Greenhouse Gas Emissions

In a surprise announcement last evening from Beijing, President Obama and Chinese President Xi Jinping committed to ambitious cuts in carbon emissions over the next 15 years with the hope of preventing catastrophic global…more

Carbon Emissions, China, Climate Change, Global Warming

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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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November 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive…more

Aviation Industry, BIS, Cuba, Department of Transportation (DOT), Federal Aviation Administration (FAA)

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

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IRS Proposed Regulations Attack Valuation Discounts for Family Transfers — The Clock Is Now Ticking

The U.S. Department of the Treasury and the IRS have just issued anticipated proposed regulations that, if made final, would severely limit the ability of taxpayers to transfer interests in family limited partnerships and…more

Estate Planning, Estate Tax, Family Businesses, Family Limited Partnerships, Gift Tax

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Investigating Employee Wrongdoing

Companies in every industry—private and public—struggle with the difficult task of promptly identifying employee wrongdoing and responding appropriately. The National Football League continues to be embroiled in a controversy…more

Chief Compliance Officers, Discipline, Employer Liability Issues, Employment Policies, Ethics

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Two New Laws Give DHS Increased Cybersecurity Authority

Two recently enacted laws give the Department of Homeland Security (DHS) increased authority and ability to contain cybersecurity threats and breaches. Congress passed both the Federal Information Security Modernization Act and…more

Cyber Threats, Cybersecurity, DHS, FISMA, New Legislation

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Pennsylvania Federal Court Reiterates EMTALA’s Inapplicability to Transfers of “Admitted Patients”

On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd,…more

Healthcare, Surgery

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U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices

In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham…more

Administrative Authority, Cybersecurity, Data Breach, Fair Notice, FTC

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Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for…more

Evidence, Forensic Examination, Jury Instructions, Jury Trial, Litigation Strategies

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FAA Restores India to Category 1 Under International Aviation Safety Assessment Program

On April 8, 2015, U.S. Department of Transportation (DOT) Secretary Anthony Foxx and Federal Aviation Administration (FAA) officials announced during a meeting in New Delhi with India’s Minister of Civil Aviation Ashok Gajapathi…more

Aviation Industry, Federal Aviation Administration (FAA), India

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Newly Paved Path for Asserting Construction Defect Claims in Florida

Florida Governor Rick Scott signed HB 87 into law, codified at ch. 2015-165, which amends the notice and opportunity to cure provisions of Chapter 558, Florida’s Construction Defect Statute. These amendments will go into effect…more

Amended Legislation, Commercial General Liability Policies, Construction Defects, Construction Industry, Governor Scott

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

See all updates »

Chicago Employers Have Until June 16 to Weigh In On Proposed Paid Sick Leave Regs

Effective July 1, 2017, Chicago and Cook County will join a growing contingent of localities that require employers to offer paid sick leave to employees. Here’s what employers need to understand now to avoid being caught off…more

Corporate Counsel, Covered Employee, Employer Liability Issues, FMLA, Local Ordinance

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Update No. 2: Is This The Year Florida Recognizes Direct Primary Care?

House Bill 37 (“HB 37”), a bill intended to codify and regulate direct primary care in the State of Florida, which had sailed through the Florida House with virtually unanimous support, died in the Senate as the legislative…more

Healthcare Reform, Pending Legislation

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Why Having A “Gifted” Child In NJ May Cost You More Child Support

The benefits of enrolling children in extracurricular activities are endless. Not only do they learn how to play a sport or musical instrument, but also soft skills and valuable life lessons, such as teamwork, the importance of…more

Child Custody, Child Support, Co-Parenting, Divorce, Education Expenses

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

See all updates »

Could Daubert be Dying in Florida?

On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for…more

Daubert Standards, Evidence, Expert Testimony, FL Supreme Court, Florida

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SEC Expands Confidential Review Process for Draft Registration Statements

On June 29, 2017, the Securities and Exchange Commission (SEC) announced that, beginning July 10, 2017, the SEC Division of Corporation Finance will permit all issuers to confidentially submit draft registration statements under…more

Emerging Growth Companies, Initial Public Offerings, JOBS Act, SEC, Securities Act of 1933

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A Supplemental Whitepaper Addressing Sandy’s Impact on Commercial and Residential Property Owners and Construction Companies

Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey, New…more

Commercial Insurance Policies, Flood Insurance, Hurricane Sandy, Property Insurance

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“Fiscal Cliff” Bill Reinstates and Extends Business and Personal Tax Credits for Energy Efficient Residential Properties

On January 1, 2013, the U.S. Congress passed last minute legislation known as the American Taxpayer Relief Act of 2012 to avoid automatic increases in income taxes for millions of Americans, as well as draconian cuts to the…more

Energy Efficiency, Energy-Efficiency Tax Credits, Fiscal Cliff, Tax Credits

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Supreme Court Opens Door to Increased Role for State Courts and State Regulators in the Energy Sector

The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the…more

Energy Sector, Federal Power Act, FERC, Jurisdiction, Natural Gas Act

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Texas Amends Insurance Code In Response To Weather Claims

On May 26, 2017, Texas Governor Greg Abbot signed into law Texas House Bill 1774/Senate Bill 10. The new law makes changes to the Texas Insurance Code that will impact the way in which weather claims are brought and how those…more

Amended Regulation, Attorney's Fees, Insurance Code, Insurance Industry, Notice Requirements

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Supreme Court Overturns Former VA Governor’s Conviction Based on Narrowed Federal Bribery Definition

On June 27, 2016, in an 8-0 decision, the U.S. Supreme Court reversed and remanded to the Fourth Circuit the conviction of former Virginia Governor Robert McDonnell on honest services fraud charges and charges that Governor…more

Bribery, Criminal Prosecution, Governor McDonnell, Honest Services Fraud, McDonnell v US

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Supreme Court of Texas Rules Installation of Faulty Product Not Covered by Standard CGL Policy

In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the machinery…more

Commercial General Liability Policies, Exxon Mobil, Liberty Mutual Insurance Company, Policy Exclusions, Popular

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Delaware LLC Act Amended to Confirm Fiduciary Duties Exist Absent Express Agreement to the Contrary

Effective August 1, 2013, Section 18-1104 of the Delaware Limited Liability Company Act (the Act) was amended to confirm that, absent a provision in the limited liability company agreement to the contrary, the managers and…more

Delaware Limited Liability Company Act, Fiduciary Duty, Limited Liability Company (LLC), New Legislation

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Beware of Defendants Who Attempt to Push the Boundaries of the Economic Loss Rule (Texas)

In most jurisdictions today, to recover under a strict products liability theory, the Plaintiff must prove that a defect in the subject product was a producing cause of the Plaintiff’s damages. More importantly, in order to…more

Economic Damages, Economic Loss Doctrine

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PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in the…more

Employer Liability Issues, Mesothelioma, Workers' Compensation Defense

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Three Western Courts Hold Carbon Monoxide Is a Pollutant, But Washington Makes New Anti-Insurer Rules

Washington - On April 27, 2017, the Washington Supreme Court ruled that carbon monoxide discharged from a hot water heater was a pollutant “acting as a pollutant” and within the absolute pollution exclusion of the home…more

Bad Faith, Carbon Monoxide Exposure, Insurance Industry, OK Supreme Court, Policy Terms

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Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that defendants…more

Appeals, Bylaws, Condominium Trust, Condominiums, Contract Terms

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2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more

21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions

See all updates »

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

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

Property Owners, TX Supreme Court, Zika

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November 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive…more

Aviation Industry, BIS, Cuba, Department of Transportation (DOT), Federal Aviation Administration (FAA)

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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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Shutting Down a Capital City: How High Will Business Interruption Claims Go?

On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by…more

Business Interruption, Chemicals, Discharge of Pollutants, Environmental Claims, Environmental Liability

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OSHA’s 2017 Top Ten List

OSHA recently announced its top 10 most cited violations for fiscal year ending 2017. Although the order may change from year to year, it usually reflects the usual suspects of violations and this year’s list is no different…more

Employer Liability Issues, OSHA, Slip and Fall, Workplace Hazards, Workplace Injury

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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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The Ascent Of State Attorneys General As Quasi-Policymakers

Casual observers understand the important and dynamic role that State Attorneys General (“AGs”) play across the country, whether that role is actively enforcing their state’s laws, challenging the federal government, or joining…more

Attorney Generals, Consumer Protection Laws, Cybersecurity, Disclosure Requirements, Human Trafficking

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Texas Amends Insurance Code In Response To Weather Claims

On May 26, 2017, Texas Governor Greg Abbot signed into law Texas House Bill 1774/Senate Bill 10. The new law makes changes to the Texas Insurance Code that will impact the way in which weather claims are brought and how those…more

Amended Regulation, Attorney's Fees, Insurance Code, Insurance Industry, Notice Requirements

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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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Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has signaled…more

Appellate Courts, Certiorari, Fourth Amendment, Internal Investigations, Jurisdiction

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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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Colorado Court Finds Legal Marijuana Insurable Under Commercial Property Policy and Orders Trial on Claim for Damaged Buds

ArcView Group, which tracks the legal marijuana markets, recently estimated that legal U.S. pot sales could reach $6.7 billion in 2016. As the legal marijuana economy has grown, insurance coverage for this emerging industry has…more

Commercial General Liability Policies, Commercial Insurance Policies, Corporate Counsel, Insurance Industry, Marijuana

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Labor and Employment Observer 2012/2013

In This Issue: - Message from the Chair - A Second Obama Administration’s Impact on Labor and Employment Issues - Will There be Comprehensive Immigration Legislation After the 2012 Presidential Election? -…more

Affordable Care Act, EEOC, FMLA, Hurricane Sandy, Immigration Reform

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When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy…more

Appeals, Auto Insurance, Bad Faith, Car Accident, Corporate Counsel

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Three Western Courts Hold Carbon Monoxide Is a Pollutant, But Washington Makes New Anti-Insurer Rules

Washington - On April 27, 2017, the Washington Supreme Court ruled that carbon monoxide discharged from a hot water heater was a pollutant “acting as a pollutant” and within the absolute pollution exclusion of the home…more

Bad Faith, Carbon Monoxide Exposure, Insurance Industry, OK Supreme Court, Policy Terms

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The State AG Report Weekly Update

AG Elections- Democrat Justin Nelson Launches Campaign for Texas Attorney General- Democrat Justin Nelson declared his candidacy for Texas AG seeking to unseat incumbent Republican AG Ken Paxton, who is running for…more

Attorney Generals, CFPB, Fraud, Medicaid, Pharmaceutical Industry

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Georgia Supreme Court: Insured Cannot Sue for Settlement Amount of Bad Faith Absent Insurer’s “Consent to Settle”

On April 20, 2015, the Georgia Supreme Court unanimously held that when an insured fails to seek its insurer’s consent to settle a claim, the insured cannot pursue litigation against its insurer to recover settlement amounts…more

All-Party Consent, GA Supreme Court, Insurance Litigation, Settlement

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United States Increases Pressure on Venezuela

In response to the human rights abuses and corruption of Venezuelan President Nicolas Maduro’s government and to what is widely perceived to be an illegitimate takeover of Venezuela’s democratically elected National Assembly,…more

Economic Sanctions, Executive Orders, SDN List, Trump Administration, Venezuela

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Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions

Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on this…more

Commercial Leases, Foot Locker, Landlord and Tenant Acts, Property Surrender, Tenants

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Unclaimed Property: Court Holds Life Insurer’s Escheatment Duties Not Triggered By Insured’s Death

In an opinion filed August 5, 2014, the Florida First District Court of Appeal held that under Florida’s unclaimed property law, life insurance proceeds are not “due and payable,” and the dormancy period does not begin to run,…more

Death Benefits, Escheat, Life Insurance, Notice Requirements, Unclaimed Property

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Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a Variety…more

Affirmative Action, Background Checks, Big Data, Causation, D.R. Horton

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Positive Signs in the Enforcement of Late Notice Provisions

This year was off to a positive start in the realm of property insurance with a decision out of the Second Circuit upholding an at times embattled policy provision that is found in nearly every property insurance policy: the…more

Burglary, Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Notice Provisions

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Don’t Get Burned by a “Holt Demand” in Georgia

Georgia has a very specific law called “Holt demands” concerning time-limited demands made against a liability insurance policy. In Southern General Ins. Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992), the Georgia Supreme Court…more

Bad Faith, Calculation of Damages, GA Supreme Court, Liability Insurance, Policy Limits

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Facebook "Friends", 4th Amendment Privacy & Probable Cause

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant to a…more

Evidence, Evidence Suppression, Facebook, Facebook Friends, Fourth Amendment

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Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors

In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW 4.16.190(2),…more

Healthcare, Medical Malpractice, Minors, Statute of Limitations, Tolling

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Cozen Comics, The Flame, Vol. 1, Chapters 1-4, The Subro Recovery

We have all seen the Herculean deeds of a superhero on television or in the movies. They knock over buildings, use buses as weapons and generally cause super-sized amounts of property damage. Have you ever wondered who pays for…more

Property Damage, Subrogation

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

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

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

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Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems

On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for…more

Acquisitions, Fair Market Value, Governor Wolf, Municipalities, Public Utility

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Seventh Circuit Holds Pre-Bankruptcy Termination of Lease May Be Avoidable Transfer

Landlords dealing with troubled tenants often enter into termination agreements that dictate terms for the consensual terminations of unexpired leases. Among other benefits, such termination agreements provide certainty and…more

Commercial Bankruptcy, Commercial Leases, Corporate Counsel, Creditors, Fraudulent Transfers

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

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

Double Taxation, Family Trusts, Filing Deadlines, Income Taxes, Israel

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What De Blasio’s Land Use Agenda Means for Brooklyn Real Estate Development

Even with all the development of the last 20 years, Brooklyn, the most populous of New York City’s five boroughs, now approaching 2.7 million residents, continues to attract strong interest from developers, each scouring the…more

Industrial Design, Mayor di Blasio, Property Tax, Public Transportation, Real Estate Development

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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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Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the…more

Compliance, Shipping, Vessels

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Does Arbitration Belong in the Nursing Home World?

As part of admission into a nursing home, a facility typically requires prospective residents to agree to binding arbitration. Arbitrating disputes generally allows nursing facilities to handle disputes without incurring the…more

Arbitration Agreements, Binding Arbitration, CMS, Nursing Homes, Unconscionable Contracts

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NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC…more

CIP, Cyber Attacks, Electricity, Energy Sector, NERC

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Sessions Targets Pot, But Six Bills Could Keep the Industry Rolling

In May, Attorney General (AG) Jeff Sessions sent a letter to Congress that zeroed in on the Rohrabacher-Blumenauer Amendment, a cornerstone of federal cannabis legislation that has handcuffed the Department of Justice from using…more

Controlled Substances Act, Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses, SAFE

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Cybersecurity…At Least There Is One Thing Congress Can Agree On

While most political observers were focused last week on the debates surrounding passage of the so-called “Cromnibus” spending bill, less noted was the fact that the U.S. Congress managed to pass a number of cyber-security bills…more

Cybersecurity, Data Protection, DHS, National Security

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IRS Releases New Issue Price Rules

On December 9, 2016, the Internal Revenue Service (the IRS) released new regulations under Section 148 of the Internal Revenue Code of 1986, as amended, (referred to herein as the code) regarding the determination of the issue…more

Bonds, Initial Public Offerings, Internal Revenue Code (IRC), IRS, Issue Price

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New State Construction Notices Directory: A Valuable Tool for Owners

Effective December 31, 2016, Pennsylvania’s Mechanics’ Lien Law of 1963 (lien law) was amended to allow for an online State Construction Notices Directory (directory) to provide notice to parties involved in projects costing a…more

Construction Contracts, Construction Industry, General Contractors, Liens, Mechanics Lien

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Cybersecurity Best Practices — How General Counsel Can Prepare For The Worst

Take note GCs: The question is not if you will have to respond to a cybersecurity incident—the question is when. That was the message from speakers and panelists at the Association of Corporate Counsel’s annual meeting this…more

Best Practices, Confidential Business Information (CBI), Corporate Counsel, Cybersecurity, Data Breach

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Shipowner Who Tried to Skirt Club Rules Runs Aground in Court

The U.S. District Court for the Southern District of New York recently issued a decision finding that a shipowner member was bound to a P&I Club’s board of directors’ decision to deny coverage for that member’s losses arising…more

Insurance Industry, Shipping Cargo, Vessels

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A Good Faith Review of 2013

With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s law…more

Attorney-Client Privilege, Bad Faith, Confidential Information, D.R. Horton, Duty to Defend

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FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation

On Thursday, October 20, 2016, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly released Antitrust Guidance for Human Resources Professionals (guidance) to explain how…more

Compensation, DOJ, Enforcement, FTC, Hiring & Firing

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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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Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the…more

Compliance, Shipping, Vessels

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Prohibition Against Listing Apartments or Units on Home-Sharing Sites

On Friday, October 21, 2016, Governor Cuomo signed a bill banning the illegal advertising of apartment or units in Class A buildings on home-sharing sites such as Airbnb. The bill piggybacks on the 2010 law, which banned rentals…more

Advertising, Affordable Housing, Apartments, Governor Cuomo, Rental Property

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Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose

Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a…more

Construction Contracts, Construction Defects, Construction Industry, Statute of Limitations, Statute of Repose

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New York State Legislation Alert: April 2014

New York’s recently passed legislation, effective April 1, 2014, significantly changes its estate tax regime and income tax regime for certain trusts. This Alert discusses the implications of this legislation…more

Estate Tax, Income Taxes, State Budgets, State Taxes, Trusts

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Recent Notable Recalls

By now most subrogation professionals understand the importance of keeping current with the frequent Consumer Product Safety Commission recall notices. For this blog post we note the following recent notable recalls for the…more

Consumer Product Safety Commission (CPSC), Product Recalls, Subrogation

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FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation

On Thursday, October 20, 2016, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly released Antitrust Guidance for Human Resources Professionals (guidance) to explain how…more

Compensation, DOJ, Enforcement, FTC, Hiring & Firing

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PA DOH Releases Proposed Temporary Medical Marijuana Regulations for Doctors

On April 11, 2017, the Department of Health (DOH) released the much anticipated proposed temporary regulations for physicians that among other items, set forth requirements regarding: the physician registry, the completion by…more

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

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Eighth Circuit Finds Notice Within Policy Period Still Violated Claims Made Policy’s Notice Provision

On May 25, 2017, the Eighth Circuit Court of Appeals handed down its decision in Food Market Merchandising Inc. v. Scottsdale Indemnity Co. The decision is noteworthy because the court joined a limited number of other courts…more

Insurance Industry, Sales Commissions

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