Cozen O'Connor

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
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

Montana Holds Insured’s Stipulated Judgment Was Collusive and Unreasonable

On January 29, 2019, the Supreme Court of Montana in Abbey/Land, LLC v. Glacier Construction Partners, LLC, --- P.3d ---, No. DA 17-0705, 2019 WL 350088 (Mont. Jan. 29, 2019), found a settlement and stipulated judgment both…more

Bad Faith, Insurance Industry, MT Supreme Court, Stipulated Judgment

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I-9 Deadline Approaching: Employers Have Until July 31 to Update Critical Immigration Forms

OVERVIEW- •The Department of Homeland Security (DHS) adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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A Fast Food Employer’s Guide to NYC’s Recently Upheld Wrongful Discharge Law

The New York City Fair Workweek Law was initially enacted in 2017 to expand wage and hour protections for employees working at fast food businesses. On December 17, 2020, the City Council amended the Fair Workweek Law by…more

Arbitration, Burden of Proof, Fair Workweek, Fast-Food Industry, Hiring & Firing

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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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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 | The Democrats: Playing Their Best Chess Match

In this week’s episode, which is chock full of predictions, Lori, Bernie and Chris Allen engage with Sean Rankin, President of DAGA, on his perceptions of the red wave and Democratic winners and losers. They discuss the complex…more

Political Candidates, Political Parties, State Attorneys General, State Elections

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New York State Legalizes Adult-Use Cannabis Through Marijuana Regulation and Taxation Act

Wednesday, Governor Andrew Cuomo signed legislation legalizing adult-use cannabis in New York state for residents 21 and older while establishing a new regulatory system under an Office of Cannabis Management…more

Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Hemp, Marijuana

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Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability

In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of an insurer’s common-law duties to insureds under Texas law. In applying that framework to the facts of the case, the Court rejected…more

Common Law Torts, Contract Terms, Insurance Industry, Insurance Litigation, Liability

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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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A Delicate Balancing Act for Airlines: the CDC Mask Mandate v. the Rights of Passengers with Disabilities

The COVID-19 pandemic has not been kind to air carriers. Not only have they seen the loss of up to 75 percent of their passenger traffic, but — in the United States — they have been left to develop and enforce their own policies…more

Airlines, Aviation Industry, CDC, Coronavirus/COVID-19, Disability Discrimination

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AI and Cybersecurity Issues Look Set to Dominate the Privacy Landscape in 2022

Meghan Stoppel, who spent over a decade serving as an Assistant Attorney General, and later a Consumer Protection Chief, to both Democratic and Republican state attorneys generals, talks to Andy Baer, Chair of Cozen O’Connor’s…more

Algorithms, Cyber Crimes, Cybersecurity, Data Protection, FTC

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New Virginia Law Prohibits Pay-If-Paid Clauses in Construction Contracts

On April 27, 2022, Virginia Governor Glenn Youngkin signed Senate Bill 550 into law, amending a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute. Va. Code § 2.2-4354 and VA. Code §…more

Construction Contracts, Pay if Paid, Pay When Paid, Payment Systems, Popular

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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, SEC, Securities Act of 1933

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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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California Supreme Court Targets Meal and Rest Premium Pay Practices

On July 15, 2021, the California Supreme Court ruled that meal, rest, or recovery period premium payments must be made at the “regular rate of pay” that is used for overtime, not the employee’s base hourly rate…more

CA Supreme Court, Employer Liability Issues, Labor Code, Over-Time, PAGA

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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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State AG Pulse | Season Finale: 2022 AG Election Wrap-Up

Bernie makes his final predictions before we return after the 2022 general election to analyze the results. He, Lori and Mira review the incumbents and the challengers, talk about who may ride in on whose coattails, and…more

General Elections, Political Candidates, State Attorneys General, State Elections

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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 Releases Sample Comment Letter for Issuers Conducting Offerings During Periods of Volatility

On February 8, 2021, the Division of Corporation Finance of the Securities and Exchange Commission (SEC) published a sample comment letter that the SEC might send to issuers that conduct securities offerings during periods of…more

Capital Markets, Corporate Issuers, Market Volatility, Offerings, SEC

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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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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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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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JPML Will Not Allow Centralization of MDL Covid-19 Lawsuits

On April 20, 2020, two policyholders involved in Covid-19 class action suits filed the first motion with the Judicial Panel on Multidistrict Litigation (MDL) asking for the transfer and coordination or consolidation of two class…more

Business Interruption, Case Consolidation, Class Action, Coronavirus/COVID-19, Denial of Insurance Coverage

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Changes to Florida Law Requiring Mandatory Use of E-Verify for Certain Employers

Florida has passed a new law effective January 1, 2021, that will make use of E-Verify mandatory for all government employers and certain private employers…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

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Mayor Adams Outlines Vision for "City of Yes"

On June 1, New York City Mayor Eric Adams announced his “City of Yes” plan to amend the city’s zoning tools to support small businesses, create affordable housing, and promote sustainability. His plan includes three major…more

Affordable Housing, Economic Development, Economic Reform, Energy Efficiency, New York

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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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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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Split Third Circuit Decision Revives Claims Arising From Fatal 2005 Cessna Crash

In a decision likely to have far-reaching effects in the aviation industry, the Third Circuit in Sikkelee v. Precision Airmotive Corp., — F.3d –, 2018 WL 5289702 (3d. Cir. Oct. 25, 2018), recently held that state-law claims…more

Airplane Accidents, Aviation Industry, Federal Aviation Administration (FAA), Manufacturers

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Five Steps To Consider When Contemplating A Divorce During The COVID19 Pandemic

In the midst of this pandemic, many are speculating that the aftermath will result in a baby boom or a rise in the number of divorces.  Perhaps there will be a bit of both.  It is undisputed that there are typically an influx of…more

Child Custody, Co-Parenting, Coronavirus/COVID-19, Custody, Divorce

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Employee Benefits and Executive Compensation Provisions in the American Rescue Plan Act

President Biden has signed into law the American Rescue Plan Act of 2021. The act contains a number of provisions affecting employee benefit plans. A description of some of these changes follows: Beginning April 1, 2021, and…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Dependent Care

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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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Pennsylvania Enacts Record Tax Reform

Pennsylvania’s 2022-2023 budget, Act of Jul. 8, 2022, P.L. __. No. 53 (Act 2022-53) (HB 1342) implements sweeping tax reform and revises some of Pennsylvania’s most business-unfriendly tax provisions. The bill will:.…more

Capital Investments, Corporate Taxes, Income Taxes, Intangible Property, Investment Property

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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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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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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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Tenth Circuit: That “Particular Part” Deemed Ambiguous

On January 25, 2019, the U.S. Court of Appeals for the Tenth Circuit, applying Oklahoma law, held that the phrase “that particular part” is ambiguous and may refer to either the distinct component upon which an insured works or…more

Ambiguous, Commercial General Liability Policies, Insurance Industry

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San Francisco Fisherman's Wharf Fire

On May 23, 2020, a massive fire erupted on Pier 45 on Fisherman’s Wharf in San Francisco, California. The fire quickly tore through a warehouse near the end of the concrete pier, causing its walls to collapse and firefighters to…more

Business Disruption, Business Losses, Fire Damage, Fires, Fishing Industry

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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, FLSA, FTC, Gun Laws

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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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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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US Supreme Court Places Limits on California’s PAGA Law

This week, in an 8-1 decision, the United States Supreme Court ruled in the case of Moriana v. Viking River Cruises, Inc., that the Federal Arbitration Act (FAA) overrules, in part, California Supreme Court authority limiting…more

Arbitration, Arbitration Agreements, California, Federal Arbitration Act, PAGA

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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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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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The American Rescue Plan’s Impact on New York State and City Government, Businesses, and Nonprofits

On March 11, 2021, President Joe Biden signed the American Rescue Plan (ARP) into law. This historic $1.9 trillion COVID relief plan will have a major impact on the country by providing relief to businesses, nonprofit…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, Community Development, Coronavirus/COVID-19

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