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March 22, 2010
Publication - Insurance Coverage
Can Financial Services Companies Be Liable for Third-Party Fraud? The United States Court of Appeals for the Fifth Circuit Says...Maybe - Litigation Alert! - Financial services companies, such as investment companies, banks, and brokers, must be alert to potential red flags arising from their customers’ transactions or risk being potentially liable for fraud committed by third parties. The United States Court of Appeals for the Fifth Circuit ruled that New York law confers a duty on investment companies, banks, and brokers to ensure that the customer transactions they process are properly authorized. In a matter of first impression, the
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March 17, 2010
Publication
In a recent decision, Cornell v. 360 West 51st St. Realty, LLC., Index No. 113104/04, 2009 N.Y. Misc. LEXIS 3579 (Sup Ct, New York County Dec. 18, 2009), New York County Supreme Court Justice Marcy Friedman followed the rationale set forth by the Appellate Division, First Department in Fraser v. 301-52 Townhouse Corp., 57 A.D.3d 416, 870 N.Y.S.2d 266 (1st Dep’t 2008) regarding the admissibility of scientific and medical evidence in personal injury mold cases.
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March 15, 2010
Publication - Business, Public & Project Finance
Cozen O’Connor Ranked No. 2 Bond Counsel in PA; No. 1 Underwriter’s Counsel in NJ - JD Journal - Thomson Reuters recently listed Cozen O’Connor as the number two bond counsel firm in Pennsylvania for 2009. To date, this is the firm’s highest bond counsel ranking. For the second year in a row, the firm was also ranked as the number one underwriter’s counsel in New Jersey.
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March 10, 2010
Press Release - Public & Project Finance
Cozen O’Connor Ranked Number Two Bond Counsel In Pennsylvania And Number One Underwriter’s Counsel In New Jersey
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March 08, 2010
Publication - Subrogation & Recovery
Toyota Recalls - Cozen O'Connor Whitepaper - Toyota’s unprecedented recall of some 8.1 million vehicles will impact consumers, businesses, and their insurers all over the country and internationally. Damage to person and property as a result of these apparent defects will result in numerous insurance claims throughout the fifty states. The breadth of this recall presents significant subrogation and recovery opportunities.
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March 08, 2010
Publication - Subrogation & Recovery
Ask the Tough Questions - Subrogation and Recovery Checklist - 1 page. This document contains a checklist of questions to ask the expert, witnesses, and yourself when evaluating a claim.
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March 07, 2010
Press Release - Family Law
Cozen O’Connor member Jennifer Brant appeared on
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March 05, 2010
Press Release
Steve Cozen Featured in Philadelphia Magazine
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March 01, 2010
Publication - Insurance Coverage
The Proof Is in the Posting: How Social Media Is Changing the Law - Texas Bar Journal -
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March 01, 2010
Publication - Labor & Employment
Our Winter 2010 Labor & Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resources professionals and corporate management.
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March 01, 2010
Publication
20 Questions with LCA Fellow Stephen A. Cozen, Founder and Chairman of Cozen O'Connor - Litigation Commentary & Review -
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February 26, 2010
News
Steve Cozen, founder and chairman of Cozen O’Connor, was interviewed by Jason Fagone for Philadelphia Magazine.
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February 25, 2010
Publication - Labor & Employment
The doctrine of inevitable disclosure is alive and well. Pennsylvania and its neighbors all recognize the concept that, in certain situations, can act as a sort of de-facto noncompete agreement to prevent employees with access to confidential information from going to work for a competitor. This controversial doctrine states that certain employees possess intangible confidential information that cannot be returned to the company at the end of their employment, and therefore, they cannot go to work for a competitor without ''inevitably'' disclosing this confidential information.
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February 22, 2010
Publication - Government & Regulatory, Government Relations - Cozen O'Connor Public Strategies
Government Ethics Reform: A Work in Progress - New York Law Journal - There seems to be a widespread consensus that the public's lack of trust in the political
process should be a genuine concern for both officials and advocates. However, elected
officials at all levels struggle with avoiding compromising situations and appearances,
while not stifling the free flow of information and political relationships which inform the
democratic process.
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February 22, 2010
Publication - Professional Liability
How Many Accountants Does It Take to Go to Trial? - The Legal Intelligencer - I was going to trial. My client was a mid-sized business. I needed to prove damages, and show that my client's internal controls were appropriate. The budget was tight — as it always seems to be — but I had an ace in the hole. My client was audited.
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February 21, 2010
Publication - Insurance Coverage
Winter 2010 - Insurance Coverage Observer -
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February 19, 2010
Publication - Bankruptcy, Insolvency & Restructuring, Business
Pennsylvania Supreme Court Restricts Use of In Pari Delicto Defense by Outside Auditors - Bankruptcy, Insolvency & Restructuring Alert! - On February 16, 2010, the Pennsylvania Supreme Court issued an opinion of first impression under Pennsylvania law as to whether an imputation-based in pari delicto defense in an auditor-liability context may be asserted.
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February 09, 2010
Publication - Business, Health Care & Life Sciences - Health Care & Life Sciences
Under New Rules, Plans Offering Mental Health and Substance Use Disorder Benefits Must Ensure Parity in Member Costs and Access to Care - Health Law Alert! - On February 2, 2010, the Centers for Medicare &
Medicaid Services, the Internal Revenue Service,
and the Department of Labor’s Employee Benefits
Security Administration published long-awaited regulations implementing the Mental Health Parity and Addiction Equity Act of 2008 (the “MHPAEA”).1 The MHPAEA followed the Mental Health Parity Act of 1996, which had previously mandated parity in aggregate lifetime and annual dollar limits between mental health benefits and medical/surgical benefits.
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February 02, 2010
Publication - Real Estate Litigation
Non-Recourse Carve-Out Provisions in Mortgage Loan Documents -- A Trap for the Unwary - Real Estate Alert! - Although non-recourse carve-out provisions have been used by lenders for several decades, the willingness of courts to enforce them was not addressed until recently. These recent decisions suggest that the provisions are indeed enforceable – and might even result in significantly greater exposure for the borrower (as well as for any guarantor of the borrower’s liability for carve-out provision violations) than mere compensation to the lender for those losses that are directly
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February 02, 2010
Publication - Electronic Discovery & Practice Advisory Services, Insurance Coverage
Revisiting Zubulake: Discovery Sanctions in the e-Discovery Context - Commercial Litigation Alert! - On January 11, 2010, Judge Scheindlin, who authored the groundbreaking Zubulake opinions, issued a new opinion regarding sanctions in eDiscovery.1 Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Scs., 2010 U.S. Dist. Lexis 1839 (S.D.N.Y. Jan. 11, 2010), involved an action against defendants who were connected to a hedge fund that lost money. These defendants sought sanctions against the plaintiffs for their alleged failure to
properly preserve and produce documents,
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