Recent News & Publications
Search News & Publications
April 06, 2011
Publication
In Matrixx Initiatives, Inc. v. Siracusano, a unanimous Supreme Court declined to adopt a bright-line rule that would have made a drug company’s failure to disclose adverse event reports material only if the reports were statistically significant. Instead, the Court reaffirmed the fact sensitive standard it adopted more than two decades ago: an omission is material under the securities laws only if there is a ''substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the ‘total mix’ of information made available.''
Tweet
April 04, 2011
Publication - Insurance Coverage - Insurance
Florida Federal Court Finds No Coverage For Chinese Drywall Claims Against Builder Under CGL Policy Pollution Exclusion - Insurance Coverage Alert! - On March 24, 2011, the U.S. District Court for the Southern District of Florida granted summary judgement in favor of insurer, General Fidelity Insurance Co., finding that it had no duty to defend or indemnify its insured-homebuilder for Chinese drywall claims pursuant to the pollution exclusion contained in its commercial general liability policies. General Fidelity Ins. Co. v. Katherine L. Foster, et al., Case No. 09-80743-CIV MOORE/SIMONTON (S.D. FLA. March 24, 2011).
Tweet
April 01, 2011
Publication - Insurance Coverage, Professional Liability - Insurance
IMPLICATIONS OF THE GENZYME DECISION: LOSS UNDER A D&O POLICY - PLUS Journal - Recently, in Genzyme Corp. v. Federal Insurance Co., 2010 WL 3991739 (1st Cir. 2010), the U.S. Court of Appeals for the 1st Circuit construed the definition of loss in a D&O policy and a so-called “bump-up” exclusion that precluded coverage for claims seeking an increase or “bump-up” in the consideration for the company’s securities.
Tweet
April 01, 2011
Publication
Ethical Vignettes - Personal Injury Potpourri -
Tweet
April 01, 2011
Publication - Corporate, Real Estate
Paul Rutter, a member of Cozen O'Connor's Real Estate Practice, discusses a lender's right to waive in Korek Land Company, Inc's Commentaries & Bulletins.
Tweet
April 01, 2011
News - Antitrust & Competition
Jonathan Grossman quoted in The Wall Street Journal
Tweet
April 01, 2011
Publication - Antitrust & Competition, Business, Health Care & Life Sciences
After a two month delay, the Federal Trade Commission (FTC) and Department of Justice (DOJ), acting jointly, and the Center for Medicare & Medicaid Services (CMS) released proposed regulations for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (the Program). The Program was created pursuant to the Affordable Care Act and was intended to encourage health care providers to better work together to lower costs and improve patient outcomes.
Tweet
April 01, 2011
Publication - Antitrust & Competition, Business, Construction Law - Real Estate & Construction
Bid Rigging In The Crosshairs - Construction Today -
Tweet
April 01, 2011
Publication - Insurance Coverage - Insurance
On March 17, 2011, the Florida Supreme Court finally resolved years of speculation, conjecture, and debate regarding the seemingly endless boundaries of permissible discovery of attorney-client communications in the bad faith context. The Florida Supreme Court’s decision in Genovese v. Provident Life and Accident Insurance Company reaffirmed the sanctity of the attorney-client privilege and specifically conscripted it from falling into the Ruiz vortex of discovery in bad faith cases.
Tweet
March 31, 2011
Publication - Subrogation & Recovery - Insurance
Update: The Big Chill of 2011 - Evaluating Subrogation Claims Arising From the February 2011 Interruption of Gas Service by New Mexico Gas Company - Subrogation and Recovery Alert! - Recent factual developments into the cause of freeze losses in early to mid February in New Mexico point to viable subrogation claims against the New Mexico Gas Company, a natural gas utility, for interrupting gas service to many of its customers. This Alert provides insight and analysis into the successful presentation of subrogation claims arising from that gas service interruption.
Tweet
March 30, 2011
Publication
On February 17, 2011, U.S. District Judge Richard J. Holwell in the Southern District of New York entered an order In re Vivendi Universal, S.A. Securities Litigation, 02-5571 (S.D.N.Y. Feb. 22, 2011), that dramatically reduced the potential amount of a plaintiff's jury verdict in a securities class action under section 10(b), originally estimated at approximately $9 billion.
Tweet
March 29, 2011
Publication - Labor & Employment
Effective next week (April 9, 2011), employers must comply with significant, substantive, and procedural obligations in New York’s new Wage Theft Prevention Act (Act). This alert highlights the new requirements, which apply to virtually every company that employs individuals in New York. While many of these new obligations will cause administrative and logistical headaches, the potential consequences for failing to comply have increased as well.
Tweet
March 28, 2011
Press Release - Private Client Services
Cozen O’Connor Adds New York Trusts and Estates Attorney Jeffrey B. Kolodny
Tweet
March 24, 2011
Publication - Insurance Coverage - Insurance
D&O Liability: Vivendi – The Multi-Billion Dollar Impact of Morrison on Foreign-Cubed Securities Litigation - Insurance Coverage Alert! - On February 17, 2011, U.S. District Judge Richard J. Holwell in the Southern District of New York entered an order in In re Vivendi Universal, S.A. Securities Litigation, 02-5571 (S.D.N.Y. Feb. 22, 2011), that dramatically reduced the potential amount of a plaintiff’s jury verdict in a securities class action under section 10(b), originally estimated at approximately $9 billion.
Tweet
March 21, 2011
News - Antitrust & Competition
Jonathan Grossman quoted in The Wall Street Journal
Tweet
March 21, 2011
Publication
Brett Watson contributed an article to the Los Angeles Daily Journal discussing how to protect your company against employee embezzlement.
Tweet
March 21, 2011
Publication - Intellectual Property
Justices Poised to Clarify Standards of Proof in Intellectual Property Cases - The Legal Intelligencer - In the coming year, the Supreme Court is poised to overhaul the standards of proof in important areas of IP litigation. This may both hearten and frustrate longtime IP practitioners. At a very basic level, the attention is nice. Then again, it's worth remembering that IP is a sufficiently complicated field as to warrant its own, dedicated
appellate court (the Federal Circuit). When the nine justices consider an IP issue, they do so as novices in that specialized domain,
Tweet
March 18, 2011
Publication - Subrogation & Recovery - Insurance
Heating up Frozen Claims: Winter Subrogation Losses - Subrogation and Recovery Alert! - Roof collapses and frozen pipes spilling out of your e-mail box? Don't fall prey to assuming all winter losses are "Acts of God" and not potentially viable. This Alert provides a "playbook" to follow when evaluating winter subrogation losses.
Tweet
March 11, 2011
Publication - White Collar Defense & Investigations
Hold ’Em or Draw: The Strange Case of U.S. Enforcement Efforts Against Internet Gambling and Peer-to-Peer Poker - White Collar Crime Report - While federal and state legislators around the nation parse bills to regulate Internet poker, federal prosecutors have been quietly forfeiting Internet gaming proceeds under federal forfeiture statutes. These efforts follow several notable recent prosecutions of individuals for dealing with Internet gaming proceeds.
Tweet
March 09, 2011
Publication - Insurance Coverage, Professional Liability - Insurance
New York High Court: "Other Insurance" Clause Relieves D&O Insurer of Obligation to Share Defense Costs with CGL Insurer - Insurance Coverage Alert! - In Fieldston Property Owners Ass’n, Inc. v. Hermitage Ins. Co., Inc., 2011 NY Slip Op. 01361 (Feb. 24, 2011), the New York Court of Appeals ruled that a D&O policy’s excess “other insurance” clause relieved the D&O insurer of any obligation to reimburse a CGL insurer for defense costs incurred in connection with two underlying tort actions. In Fieldston, Hermitage Insurance Company issued an occurrence-based CGL policy to Fieldston Property Owners Association. Federal
Tweet