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Cozen O’Connor and Meckler Bulger Tilson Vote to Combine

April 23, 2015

Press Release - Subrogation & Recovery

Cozen O’Connor and Chicago-based Meckler Bulger Tilson (MBT) are pleased to announce their respective partners have agreed to a combination of 60 attorneys from MBT with Cozen O'Connor.


Georgia Supreme Court: Insured Cannot Sue for Settlement Amount or Bad Faith Absent Insurer’s “Consent to Settle” [Global Insurance]

April 23, 2015

Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance

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 paid by the insured without its insurer’s consent or for bad faith refusal to settle.


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

April 21, 2015

Publication - Antitrust & Competition, Environmental Litigation & Enforcement, Environmental Regulatory & Due Diligence, Government & Regulatory, Utility & Energy

The Supreme Court today allowed the states a greater role in regulating the energy sector.


Cozen O'Connor Among Top Law Firms for Female Attorneys

April 20, 2015

Press Release

Law360 named Cozen O'Connor among the top 100 law firms for female attorneys based on the firm's female representation at the partner and non-partner levels and its total number of female attorneys.


PA Court: Business Privilege Tax Sanctioned Under Local Tax Act Do Not Apply to Lease Payments [Tax Alert]

April 20, 2015

Publication - Tax

A divided Commonwealth Court held that a township’s business privilege tax on gross receipts enacted under the Local Tax Enabling Act could not be applied to lease payments in Fish v. Township of Lower Merion.


You Want to Remand? I'm Already Gone [Drug and Device Law]

April 20, 2015

Publication - Products Liability

John Sullivan discusses Cole v. Medtronic, Inc., in which the plaintiff asked the court to remand the case back to state court because a second defendant, a hospital, was a citizen of the forum state, thus triggering the forum-defendant rule and blocking removal.


Debra Friedman Discusses the EEOC’s New Proposed Rule on Wellness Programs in Employment Law Daily

April 19, 2015

News - Employment Litigation, Labor & Employment

Debra Friedman discusses the EEOC’s recent Notice of Proposed Rulemaking, which describes how the Americans with Disabilities Act (ADA) applies to employer wellness programs that are part of group health plans.


Tax Sale Decisions Continue [Tax Alert]

April 16, 2015

Publication - Tax

The substantial volume of tax sale decisions from appellate courts continues. The high volume of decisions suggests that it may be time for the General Assembly to review the tax sales statutes.


David Barron Discusses Employee Facial Piercings in SHRM

April 15, 2015

News - Employment Litigation, Labor & Employment

David Barron discusses the potential legal troubles a company can run into by prohibiting employees from facial piercings.


April 2015 Update on Significant DOT, FAA & Other Aviation-Related Regulatory Actions [Aviation Regulatory Update]

April 15, 2015

Publication - Aviation, Aviation Litigation, Transportation & Logistics Litigation, Transportation & Trade - Aviation

This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s new contract maintenance rules, DOT and FAA notices on flight prohibitions in conflict zones, the latest news on the integration of unmanned aircraft into the National Airspace System, Congressional hearings on FAA reauthorization and air traffic control modernization, and DOT and FAA enforcement actions.


Updates on Privilege Issues for In-House Counsel in New York [New York Law Journal]

April 15, 2015

Publication

Tamar Wise, a member of the Commercial Litigation Department, discusses the scope of attorney-client privilege and work product doctrine in the in-house context.


Tax Assessment Appeal Preserved [Tax Alert]

April 14, 2015

Publication - Tax

A tax appeal from an interim assessment was properly preserved, notwithstanding that the taxpayer did not appeal a subsequent assessment that reflected a tax abatement under LERTA.


Jennifer Brandt Appears on Fox 29 News to Discuss ''Free-Range Parents'' in Washington, D.C.

April 14, 2015

News - Family Law

Jennifer Brandt was a guest on Fox 29 News to discuss the recent police scrutiny of the “free-range parents” in suburban Washington, D.C.


The Next Best Thing to Mensing Preemption: Winning for Lack of Connection between Marketing and the Prescriber [Drug and Device Law]

April 13, 2015

Publication - Products Liability

John Sullivan discusses Whitener v. Pliva, in which the claim states that the manufacturer didn't warn about risks of the drug, in this instance, off-label risks.


Joe Ziemianski Gives a Tip for Insurers to Win Coverage in Law360

April 13, 2015

News - Insurance Coverage - Insurance

Leading professionals give 5 tips to insurers: look at the whole picture, humanize your case, don’t attack the policyholder, and keep it simple to win coverage.


When Does Aggressive Advocacy Expose Lawyers to Potential Defamation Liability: Navigating the Bounds of Judicial Immunity [DRI: Professionalism Perspectives]

April 10, 2015

Publication

Thomas Wilkinson and Alexa Sebia explain how aggressive advocacy outside the confines of the courthouse may trigger potential defamation exposure for lawyers and their clients, even for lawyers who simply circulate filed pleadings to reporters or accurately summarize them via social media.


US Supreme Court Considers Religious Accommodations [The Legal Intelligencer]

April 09, 2015

Publication - Appellate, Labor & Employment

In an article titled “US Supreme Court Considers Religious Accommodations,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, discusses an important case regarding employers' obligations to accommodate employees' religious practices under Title VII of the Civil Rights Act of 1964. Must the employer have actual knowledge that the applicant or employee requires a religious accommodation, or does a hunch suffice? And must that knowledge come from direct, explicit notice from the applicant or employee, or can it come from some other source? The justices will try to answer these questions in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores.


FAA Restores India to Category 1 Under International Aviation Safety Assessment Program [Aviation Regulatory Update]

April 08, 2015

Publication - Aviation, Aviation Litigation, Transportation & Trade - Aviation

The IASA Category 1 rating means that India’s civil aviation authority once again fully complies with the safety oversight standards of the International Civil Aviation Organization (ICAO), the United Nations’ technical agency for international civil aviation. India had previously been rated by the FAA as a Category 1 country in August 1997 but was downgraded to Category 2 in 2012 after an FAA audit identified certain safety oversight deficiencies.


Non-signatory May Enforce Forum Selection Clause to Defeat Removal [Delaware Business Court Insider]

April 08, 2015

Publication - Bankruptcy, Insolvency & Restructuring

Barry M. Klayman and Mark E. Felger, members in the firm's Wilmington office, published an article in the Delaware Business Court Insider titled "Non-signatory May Enforce Forum Selection Clause to Defeat Removal." The article discusses the case of Carlyle Investment Management LLC v. Moonmouth, and how the case can be instructive for its application of Delaware law to the question of when a non-signatory to an agreement will be bound by its forum selection clause and whether the forum selection clause can be enforced by another non-signatory.


Proof of Loss Provision Survey

April 07, 2015

Publication

Examining the enforceability of a policy’s proof of loss provision where an undisputed amount of loss exists.

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