Alycen Moss Featured in ACE White Paper on Home Renovation Risks

News - Insurance Coverage, Professional Liability Insurance Coverage - Insurance

Alycen Moss, a member of Cozen O'Connor's Global Insurance Department, is featured in an ACE white paper titled ''Managing Home Renovation Risks for High Net Worth Homeowners.''

Zero-tolerance v. hands-free: What should be your cell phone policy? [InsideCounsel]

Publication

In an article titled, "Zero-tolerance v. hands-free: What should be your cell phone policy," Dexter Hamilton, a member of Cozen O'Connor's Commercial Litigation Department and Thomas Leonard, an associate in the Commercial Litigation Department, compare the two major policy frameworks governing the use of cell phones by employees while driving: zero-tolerance and hands-free. Each approach has positive aspects, but neither can guarantee that a company will not be held liable for an employee’s distracted driving accident.

Joseph Dever and Linda Riefberg Discuss the Burden of FINRA and SEC Exams in Bloomberg Brief

News - Securities Litigation & SEC Enforcement

In an article titled ''Regulatory Exams May Push Small Firms to Deregister or Restructure, Attorneys Say,'' Linda Riefberg and Joseph Dever, members of Cozen O’Connor’s Commercial Litigation Department, discuss the burden of FINRA and SEC exams and the impact of the SEC’s ''broken window'' policy on smaller firms. They told Bloomberg’s Melissa Karsh that the cost to comply with longer and more extensive enforcement exams by U.S. regulators could drive smaller firms out of the market.

Portions of Property Exempt for Religious Use [Tax Alert]

Publication - Tax

A panel of the Commonwealth Court held that portions of a 45-acre tract were entitled to exemption as places of regularly stated religious worship. Four Quarters Interfaith Sanctuary of Earth Religion v. Medford County Board of Assessment and Revision of Taxes, No. 1963 C.D. 2013 (Pa. Commw. Sept. 16, 2014). The tract in question was used to conduct open air religious practices of a religious faith. The property was secluded, which served to protect the privacy of the participants. The trial court held that certain portions of the property were exempt but others were not.

16 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

Press Release

The 2014 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 16 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Not Another Napster 3D Printing and the Coming Fight Over IP Rights Violated by Unrepentant Copiers [LaywerMade]

Publication

David Heffernan & Mark Atwood at the ABA Forum on Air & Space Law 2014 Annual Meeting

News - Aviation

David Heffernan and Mark Atwood, both of the Washington, DC office, participated in the ABA Air and Space Law Forum conference in Montreal, which featured the book

Pennsylvania Supreme Court Considers Whether Social Science Is 'Common Sense' or a Tool to Correct Juror Misconceptions [Civil Litigation Update]

Publication - Appellate

In an article titled ''Pennsylvania Supreme Court Considers Whether Social Science is ‘Common Sense’ or a Tool to Correct Juror Misconceptions,'' Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Thomas O’Rourke, an associate in the Commercial Litigation Department, discuss two recent Pennsylvania Supreme Court decisions regarding the use of social science experts in criminal cases.

Will the Supreme Court Take a Stand on Standing in BP Case? [The Legal Intelligencer]

Publication - Appellate

It is axiomatic that to certify a class, plaintiffs must show all members satisfy Article III standing and Rule 23 requirements. While federal courts "do not require each member of a class to submit evidence of personal standing, a class cannot be certified if it contains members who lack standing" to pursue the claim(s) asserted, according to Halvorson v. Auto Owners Insurance, 718 F.2d 773 (8th Cir. 2013).

Competing Outside the Courtroom: "Trying" the Deal [The Temple 10-Q]

Publication

Temple Law School has long been known for its trial advocacy programs. What some may not know is that its transactional programs are growing fast, and provide students with innovative hands-on opportunities to develop competitive business transactional skills, such as negotiating and drafting corporate documents

DOT Action on NAI’s Application to Serve the U.S., the Continuing Focus on Ancillary Service Fees [Aviation Regulatory Update]

Publication - Aviation, Aviation Litigation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones - Aviation

This edition of the Cozen O’Connor Aviation Regulatory Update covers DOT action on Norwegian Air International’s application to serve the U.S., Congress’ and DOT’s continuing focus on airline ancillary service fees and consumer protection, new enforcement actions by DOT and FAA, and proposed changes to federal agency regulations and policies affecting the aviation industry.

Preventing the Leak of Embarrassing Information Online [The Legal Intelligencer]

Publication - White Collar Defense & Investigations

In an article published in the Legal Intelligencer, Hayes Hunt, a member of Cozen O’Connor’s Commercial Litigation Department, and Jillian Thornton, an associate in the Commercial Litigation Department, discuss the steps companies should take if compromising information on an employee is stolen and posted online.

Cozen O’Connor’s Addition of Insurance Litigator Strengthens Chicago Office

Press Release - Insurance Coverage

Cozen O’Connor welcomes Wendy Enerson as a member in its Chicago office, where she brings decades of experience with insurance litigation and dispute resolution.

OFCCP Announces Proposed Rule on Pay Transparency [Labor & Employment Alert]

Publication - Employment Litigation, Labor & Employment

The Office of Federal Contract Compliance Programs (OFCCP) has announced a proposed rule on pay transparency, to be published in the September 17, 2014 Federal Register. The proposed rule would implement Executive Order 13665, which prohibits federal contractors from retaliating against applicants and employees for inquiring about, disclosing or discussing pay information. The proposed rule applies to covered federal contracts and subcontracts exceeding $10,000 in value that are entered into or modified on or after the effective date of the final rule. While the proposed rule could change before it is finalized, it is time for federal contractors to consider their policies and practices on pay information.

Pennsylvania Court Holds Implied Warranty of Habitability Does Not Extend to Subsequent Purchasers [Subrogation & Recovery Alert]

Publication - Subrogation & Recovery

The Supreme Court of Pennsylvania recently held that the implied warranty of habitability does not extend to the subsequent purchaser of a previously occupied home. See Conway v. Cutler Group, Inc., 2014 Pa. LEXIS 2084, No. 80 MAP 2013 (August 18, 2014). The court concluded that the decision of whether to extend the implied warranty of habitability, and under what circumstances such an extension would be warranted, was a matter of public policy properly left to the General Assembly.

Paid Sick Leave Now Mandatory in California: What Employers Need to Know Now! [Labor & Employment Alert]

Publication - Employment Litigation, Labor & Employment

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. The Act applies to public and most private employers and mandates paid sick leave to workers starting on July 1, 2015. Specifically, California employees will accrue one hour of paid sick leave for every 30 hours worked, up to a total of six paid sick days per year. Because it establishes leave based on the amount of hours worked, the law will cover part-time, temporary and seasonal workers.

Joseph Dever Discusses the SEC's Broken Window Policy in Law360

News - Securities Litigation & SEC Enforcement

In an article titled, "SEC's 'Broken Windows' Gambit Leaves No Room For Error," Joseph Dever, a member of Cozen O'Connor's Commercial Litigation Department, discusses the SEC's broken window policy, which is based on the premise that no securities law violation is too small to prosecute and that minor enforcement actions lead to greater overall compliance. "You see press releases now touting enforcement actions that involve either no or negligible investor harm, low dollar amounts for insider trading, and these are cases that the SEC a couple of years ago certainly would not have touted in a press release," observed Joseph.

Thomas Wilkinson Discusses the U.S. Court of Appeals for the Seventh Circuit's Scathing Rebuke of Class Counsel in ABA Litigation News

News

In an article titled, ''Seventh Circuit Rejects ‘Scandalous’ Settlement,'' Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, discusses the U.S. Court of Appeals for the 7th Circuit's scathing rebuke of class counsel in an opinion reversing the approval of the settlement in Eubank v. Pella. Referring to the case as ''eight largely wasted years,'' to the settlement as ''scandalous,'' and to the terms as ''[selling] out the class,'' Judge Posner’s opinion dealt harshly with class counsel. Tom explains the red flags that rose throughout the case and the lessons judges and lawyers can take away from them.

5 Things To Consider Before Posting Social Media Policies [Law360]

Publication - Employment Litigation, Labor & Employment

Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, authored an article for Law360 titled, “5 Things To Consider Before Posting Social Media Policies.” The article addresses the need for employers to develop an appropriate mindset when it comes to managing social media use by their employees and creating their social media policies and practices. Michael reviews five common workplace issues and explores the National Labor Relations Board’s position on each.

Aviation Regulation in the United States [American Bar Association]

Publication - Aviation Litigation - Aviation

David Heffernan, a member of the Aviation Practice Group at Cozen O’Connor, co-edited the recently published American Bar Association (ABA) book “Aviation Regulation in the United States.