Author Info for Cozen O'Connor

Frank Abramonte

OTDP After PTA: What You Need to Know

The Federal Circuit just rendered a decision In re Cellect, LLC, Case Nos. 2022-1293; -1294; -1295; -1296 (Fed. Cir. Aug. 28, 2023), which raises potential validity issues where multiple patents by the same Applicant have claims… more

Obviousness, OTDP, Patent Expiration, Patent Invalidity, Patent Litigation

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Michael Acevedo

New Jersey Privacy Law

On January 16, Governor Murphy signed legislation requiring legal entities who collect consumer information to make certain disclosure to consumers. The law further requires that businesses provide consumers with an option to… more

Consumer Fraud, Consumer Privacy Rights, Customer-Loyalty Programs, Data Protection, Governor Murphy

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David Adams

Newly Proposed Changes to Overhaul the H-1B Random Selection Lottery

On July 17, 2025, the Trump administration formally submitted a proposal to overhaul the H-1B cap selection process, marking a significant shift in U.S. immigration policy. Currently, the USCIS conducts a random lottery to… more

Corporate Counsel, Foreign Workers, H-1B, Immigration, Immigration Procedures

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Esther Adeyemi

EPA Revises PFAS Reporting Timeline to Begin April 13, 2026

The EPA has announced an interim final rule adjusting the PFAS reporting requirements under the Toxic Substances Control Act (TSCA). The new reporting period will commence on April 13, 2026, and conclude on October 13, 2026… more

Chemicals, Environmental Protection Agency (EPA), Filing Deadlines, Final Rules, Imports

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Janice Sued Agresti

New York Is First State to Offer Employees Paid Prenatal Personal Leave

On April 19, 2024, Governor Hochul signed an amendment to New York Labor Law § 196-b (the statewide paid sick and safe leave law), making New York State the first state to require private employers to offer their employees a… more

Healthcare, New York, Paid Leave, Paid Time Off (PTO), Pregnancy

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Mark Alderman

Trump vs. Biden: HEALTH CARE POLICY

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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Jessica Alexander

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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Hugh Algeo

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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Ashley Allen

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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Christopher Allen

State AG Pulse | An Early Peek At the 2026 State AG Elections

2026 is set to be a bumper year for state AG elections with 30+ states across the nation set to elect or re-elect their chief legal officer. And with AGs weighing in on everything from tariffs to taxes to immigration, businesses… more

Attorney General, General Elections, Government Agencies, Immigration Procedures, Political Campaigns

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James Ansorge

NYS Legislative Session Concludes

The 2024 New York State legislative session has concluded. The end of the session was largely overshadowed by Governor Hochul’s directive to the Metropolitan Transit Authority (MTA) to halt the implementation of congestion… more

Affordable Housing, Climate Change, Consumer Privacy Rights, Legislative Agendas, New Legislation

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Donnie Apodaca

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex. 2019),… more

Appellate Courts, Appraisal Awards, Attorney's Fees, Insurance Code, Insurance Litigation

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Luciana Aquino

Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know

In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and… more

Attorney's Fees, Bifurcation, Business Litigation, Damages, Discovery

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James Argionis

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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Jeannette Aucoin

Another Important Beware-AI Case for Lawyers: Ko v. Li

While artificial intelligence (AI) is a tool that can increase lawyers’ efficiency and cut costs for clients, the recent case of Ko v. Li, 2025 ONSC 2965 offers a warning about the serious legal implications for lawyers using… more

Algorithms, Artificial Intelligence, Legal Ethics, Legal Research, Legal Technology

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Andrew Baer

Cybersecurity Best Practices for AI-Powered Robotics Under State and Federal Privacy Laws

As robotics technology rapidly advances in connection with the use of artificial intelligence (AI), the collection, processing, and storage of personal information—including biometric data—will become increasingly common. Many… more

Biometric Information, Cybersecurity, Data Breach, Data Privacy, Data Security

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Josephine Bahn

Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024

On January 1, 2024, the hourly minimum wage for certain federal contractor employees will increase to $17.20, according to a Notice issued by the Wage and Hour Division of the United States Department of Labor (DOL) and… more

Davis-Bacon Act, Department of Labor (DOL), Executive Orders, Federal Contractors, Federal Property and Administrative Services Act (FPASA)

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Michael Bailey

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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Jonathan Ballan

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, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Brett Jordan Banker

Trump vs. Biden: HEALTH CARE POLICY

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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Alex Barbour

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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David Barron

What Now? Critical DEI Considerations for Private-Sector Employers Under Trump Administration 2.0

Following a flurry of executive orders signed by President Trump, private employers are reevaluating their diversity, equity, and inclusion (DEI) initiatives to make important decisions on these programs’ future existence and… more

Affirmative Action, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), Donald Trump

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Matthew Barszcz

Ames v. Ohio Department of Youth Services

In a unanimous opinion, the Supreme Court of the United States announced that Title VII’s protections against discrimination do not require majority group individuals (including white people, men, and heterosexuals) to present… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Appeals, Discrimination, Employer Liability Issues

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Jared Bayer

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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Joseph Bedwick

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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Christopher Bellini

SEC Adopts Final Private Fund Adviser Rules

On August 23, 2023, the Securities and Exchange Commission (SEC) voted three to two (Commissioners Peirce and Uyeda dissenting) to adopt new and amended rules (Final Rules) under the Investment Advisers Act of 1940 (Advisers… more

Audits, Clawbacks, Final Rules, Investment Adviser, Investment Advisers Act of 1940

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Marla Benedek

Supreme Court Orders Stand Down on Insurance Neutrality Test for Standing

On June 6, 2024, the United States Supreme Court issued its long-awaited ruling in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al.,1 nullifying the insurance neutrality test for insurer standing in bankruptcy… more

Anti-Fraud Provisions, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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Leigh Ann Benson

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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Alexa Benzinger

BC Court of Appeal Clarifies the Appropriate Approach to Tracing Co-Mingled Property

In the recent case of Mills v. O’Connor, 2025 BCCA 34, the BC Court of Appeal offered some fresh insight on the relatively new and unsettled area of tracing property under the Family Law Act (the FLA). Under the FLA, the tracing… more

Appeals, Divorce, Family Law Courts, Inheritance, Insurance Litigation

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Nicholas Berenato

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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Lauren Berenbaum

Noncompliance With Policy’s “Duties After Loss” Provision Leads to Denial of Fire Loss Claim

In Caribe D. Billie v. Plymouth Rock Assurance Corp. et al, the U.S. District Court for the District of Connecticut granted Plymouth Rock Assurance Corp.’s (“Insurer”) motion for summary judgment, holding that the Insurer was… more

Breach of Contract, Denial of Insurance Coverage, Insurance Claims, Insurance Contracts, Insurance Litigation

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Philip Berens

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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Peter Berg

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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Scott Bettridge

Newly Proposed Changes to Overhaul the H-1B Random Selection Lottery

On July 17, 2025, the Trump administration formally submitted a proposal to overhaul the H-1B cap selection process, marking a significant shift in U.S. immigration policy. Currently, the USCIS conducts a random lottery to… more

Corporate Counsel, Foreign Workers, H-1B, Immigration, Immigration Procedures

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Sunny Bhatt

Mayor’s Proposal to Expedite Environmental Review for Certain Housing Scheduled for Public Hearings

Building on its “Get Stuff Built” plan, Mayor Eric Adams’ administration has proposed amendments to the Rules of the City of New York that would remove layers of environmental review for certain residential developments. The… more

Affordable Housing, Department of Environmental Protection, Housing Developers, Mayors, New York

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Ketan Bhirud

State AG Pulse | The State AG: Both Advocate & Influencer

In our eighth State AG Pulse episode in season 4, we discuss the primary outcome in West Virginia as well as the remaining state AG primaries in Utah, Missouri, and Vermont. Chris Allen, Katen Bhirud, and Emily Yu then delve… more

Attorney General, Federalism, Public Policy, State and Local Government, State Attorneys General

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Marco Biagiotti

Corporate Transparency Act: anche gli USA impongono l’obbligo di comunicare i titolari effettivi

Il 1° gennaio 2024 entrerà in vigore negli Stati Uniti il Corporate Transparency Act (CTA), un nuovo regolamento adottato dal Financial Crimes Enforcement Network dell’U.S. Department of Treasury (FinCEN) con lo scopo di… more

Anti-Money Laundering, Beneficial Owner, CEOs, CFOs, Corporate Transparency Act

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Ira Bodenstein

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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Benjamin Bomrind

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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David Bonsick

Pennsylvania Perspective for Monday, August 18, 2025

Garrity Launches GOP Bid for Governor in 2026- State Treasurer Stacy Garrity has announced her candidacy for the Republican nomination for governor, becoming the first GOP contender in the race and positioning herself as a… more

Employee Benefits, Federal Funding, Federal Grants, Immigration and Customs Enforcement (ICE), Minimum Wage

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Barry Boss

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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Beatrice Bottini

New York LLC Transparency Act’s Effective Date Delayed Until January 1, 2026

As noted in our previous alert on January 22, 2024, the New York LLC Transparency Act (NYLTA) represents a pivotal step in New York State’s regulatory landscape, aligning closely with the federal Corporate Transparency Act… more

Beneficial Owner, Corporate Transparency Act, Data Privacy, Delays, Disclosure Requirements

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Jennifer Brandt

Don’t Leave A Prenup Off Of Your Wedding Checklist

Now that Valentine’s Day is past and Spring is almost upon us, many couples are starting to plan or are in the midst of preparation for their upcoming nuptials. While the focus is usually on the event itself, couples often start… more

Alimony, Divorce, Marital Assets, Marriage, Prenuptial Agreements

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Lynn Brehm

New HIPAA Privacy Regulations Strengthen Privacy for Reproductive Health Care

The U.S. Department of Health and Human Services recently introduced changes to the privacy rule under the Health Insurance Portability and Accountability Act (HIPAA Privacy Rule), aimed at bolstering the privacy of reproductive… more

Abortion, Attestation Requirements, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Health Insurance Portability and Accountability Act (HIPAA)

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Beth Brennan

Pennsylvania Perspective for Monday, August 18, 2025

Garrity Launches GOP Bid for Governor in 2026- State Treasurer Stacy Garrity has announced her candidacy for the Republican nomination for governor, becoming the first GOP contender in the race and positioning herself as a… more

Employee Benefits, Federal Funding, Federal Grants, Immigration and Customs Enforcement (ICE), Minimum Wage

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Anne Briard

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith

In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that the… more

Appeals, Arbitrary and Capricious, Bad Faith, Burden of Proof, Evidence

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Simeon Brier

Diversity, Equity, and Inclusion from a Public Utility Perspective

Due to recent legal developments, Diversity, Equity, and Inclusion (DEI) programs have become complex for corporations. However, public utilities face a unique landscape. Regulatory oversight, responsiveness to customers and… more

Diversity and Inclusion Standards (D&I), Electricity, Goods or Services, Oil & Gas, Policy Statement

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Joseph Bright

New Jersey Eliminates S Election as of December 22, 2022

New Jersey will automatically treat federal S corporations as New Jersey S corporations, effective for periods beginning on or after December 22, 2022. Historically, the New Jersey Division of Revenue and Enterprise Services… more

Business Taxes, C-Corporation, Federal Taxes, Mergers, New Jersey

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Melissa Brill

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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David Brisco

California Wildfire Alert - Mill Fire and Fairview Fire

Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity, and we are actively… more

California, Insurance Claims, Insurance Industry, Property Insurance, Wildfires

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Kim Brown

LOIs in M&A Transactions: Striking the Right Balance Between Commitment and Flexibility

A letter of intent (LOI) or term sheet tends to be the first substantive document for an M&A transaction. It outlines the key terms and mutual understanding between a buyer and seller while they progress through due diligence… more

Acquisitions, Capital Markets, Confidentiality Agreements, Contract Negotiations, Contract Terms

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Richard Van Buren

[Event] Health Care & Life Sciences 2025 - December 5th, Philadelphia, PA

Cozen O'Connor will host Health Care & Life Sciences 2025, our annual in-person seminar exploring critical issues impacting health care and life sciences businesses. Join attorneys and professionals from our Health Care & Life… more

Best Practices, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chief Legal Officers, Continuing Legal Education

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Kevin Bush

California Wildfire Alert - Mill Fire and Fairview Fire

Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity, and we are actively… more

California, Insurance Claims, Insurance Industry, Property Insurance, Wildfires

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Richard Busis

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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Tiffany Bustamante

Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence

In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly… more

Appeals, Appellate Courts, Bad Faith, Breach of Contract, Denial of Insurance Coverage

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Jason Cabrera

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, Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC), Gun Laws

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Alexandra Campau

[Event] Health Care & Life Sciences 2025 - December 5th, Philadelphia, PA

Cozen O'Connor will host Health Care & Life Sciences 2025, our annual in-person seminar exploring critical issues impacting health care and life sciences businesses. Join attorneys and professionals from our Health Care & Life… more

Best Practices, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chief Legal Officers, Continuing Legal Education

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Bryan Campbell

Lahaina, Hawaii Wildfire Alert

On August 8, 2023, a wildfire exploded on the west coast of Maui and quickly spread due to high winds. The fire’s ignition was just to the east of the historic town of Lahaina (affectionately referred to by locals as… more

Fires, Hawaii, Insurance Claims, Insurance Industry, Natural Disasters

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Vincent Candiello

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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Evan Caplan

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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Kevin Caraher

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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Robert Careless

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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John Carrigan

New California AI Laws Protect Against Unauthorized Use of AI Replicas

California Governor Gavin Newsom has recently signed into law two bills seeking to address the use of Artificial Intelligence (AI)-created digital replicas of individuals. In his signing statement, Governor Newsom explained,… more

Artificial Intelligence, California, Deep Fake, Digital Media, Governor Newsom

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Philip Carroll

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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John Carroll

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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Thomas Casparian

U.S. Supreme Court Revisits the Right of Local Government to Exact Permit Conditions from Developers

The U.S. Supreme Court (SCOTUS) has again rejected a state's narrow interpretation of the constitutional limits on government's ability to impose development conditions. A unanimous SCOTUS ruled on April 12 in favor of the… more

Building Permits, Constitutional Challenges, Construction Project, Easements, Fifth Amendment

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Chantal Cattermole

What Canadian High Net Worth Families Should Know About the U.S. One Big Beautiful Bill

The United States recently passed tax legislation called the One Big Beautiful Bill Act (OBBBA), a follow-up to the 2017 Trump tax cuts. While the bill is American, many Canadian families with cross-border ties, including U.S… more

Bonus Depreciation, Canada, Cross-Border, Estate Planning, Foreign Tax Credits

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Silvia Chicas

Fifth Circuit Refuses to Enforce the NLRB’s Ban on Uniform Requirements

The Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board is a victory for employers seeking to enforce their uniform requirement without fear of running afoul of federal labor laws. The decision affirms an… more

Dress Codes, Labor Relations, NLRA, NLRB, Tesla

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Alexandra Chipperfield

Case Spotlight: Schrader v. Schrader and Setting Aside Separation Agreements

In Schrader v. Schrader, 2025 BCCA 50 (Schrader v. Schrader), Mr. Schrader argued that his ex-spouse was bound to a previously agreed separation agreement. The BC Court of Appeal rejected Mr. Schrader's argument and upheld the… more

Appeals, Appellate Courts, Divorce, Family Law Courts, Marital Assets

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Jordan Chisolm

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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Rose Christ

New York Note: Q-Team Expansion, New WCB Leadership, NYC ICE Ruling, Rivera Leaving NYCC, Council Legislation

NYPD Expands Quality of Life “Q-Teams” to Queens- Mayor Eric Adams and NYPD Commissioner Jessica Tisch announced the expansion of the NYPD’s Quality of Life Division “Q-Teams” across all of Queens. The initiative aims to… more

Affordable Housing, City Councils, Employee Benefits, Government Agencies, Immigration and Customs Enforcement (ICE)

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Alissa Christopher

Under Texas Law, No Tender Means No Obligation To Defend

The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands a… more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Notice Requirements

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William Clark

1.56 Million Additional Gree Manufactured Dehumidifiers Recalled for Fire Hazards

The use of portable dehumidifiers poses a significant fire risk, as almost every major dehumidifier brand has been recalled in the last 10 years. Approximately 10 million dehumidifiers have been recalled in the last 10 years… more

Fires, Insurance Claims, Insurance Industry, Product Recalls, Property Damage

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Deanna Clayton

DOJ Establishes Civil Rights Fraud Initiative Targeting Corporate DEI Programs and Antisemitism

On Monday, May 19, 2025, the U.S. Department of Justice (DOJ) announced a new initiative titled the Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) to further the Trump Administration’s stated goals of… more

Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Executive Orders

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Christopher Clemenson

Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them

On June 24, 2019, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Assoc., Inc., Case No. 17SC583, 2019 WL 2571645 (Colo. June 24, 2019), holding that when parties invoke an… more

Appraisal Clauses, CO Supreme Court, Condominium Associations, Insurance Industry

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Matthew Clyde

SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains a… more

401k, 403(b) Plans, Automatic Enrollment, Consolidated Appropriations Act (CAA), Employee Benefits

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Stephen Cobb

State AG Pulse | Changing of the Guard in the PNW

In our seventh State AG Pulse episode in season 4, we discuss the changing of the guard in Oregon and Washington, where the AG races are both open seats after the offices have been held by Ellen Rosenblum and Bob Ferguson,… more

Legislative Agendas, Regulatory Agenda, State and Local Government, State Attorneys General

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W. Blake Coblentz

FDA Issues Final Guidance on “Labeling for Biosimilar Products”

The FDA’s final “Labeling for Biosimilar Products Guidance for Industry” (Final Guidelines) should be viewed as a clear effort to boost timely access to biosimilars, drive down costs of existing biologics, and increase… more

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Alexander Cohen

SEC Chair Nomination Hearing – A Legal Update

On March 27, 2025, the Senate Banking Committee (Committee) held Paul Atkins’ confirmation hearing for Chairman of the U.S. Securities and Exchange Commission (SEC or Commission). Below are some highlights, observations, and… more

Capital Markets, Corporate Governance, Cryptocurrency, Environmental Social & Governance (ESG), Initial Public Offering (IPO)

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Lauren Cohen

New Jersey Appellate Division Rules Insurers Not Obligated to Cover Certain Business COVID-19 Related Losses

A recent New Jersey Appellate Division ruling follows the general trend nationally in which courts are, by and large, rejecting insureds’ claims for coverage for business income losses due to government orders related to… more

Business Interruption, Business Losses, Civil Authority Coverage, Commercial Insurance Policies, Coronavirus/COVID-19

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Rikisha Collins

SEC Swiftly Launches Project Crypto and on the Road Roundtables After the President’s Working Group Report

President’s Working Group on Digital Assets Issues Report- On January 23, 2025, the President issued an executive order entitled “Strengthening American Leaders in Digital Financial Technology” to promote U.S. leadership in… more

Blockchain, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets, Executive Orders

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Michael Connolly

Developments in Offshore Wind: Part Two

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the interplay… more

CERCLA, Energy Policy, Infrastructure, Investment Tax Credits, Jones Act

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Nicole Connors

Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale

The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key provisions—§§… more

Appeals, Appraisal, Bad Faith, Florida, Insurance Claims

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Raymond Console

Practice Leasing: An Alternative Worth Considering

As hospitals look to forge alignments with medical staff physicians and many “independent” physicians consider whether they want to become employees of a hospital or health system or remain independent operators of their own… more

Healthcare, Hospitals, Leases, Physicians

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Michael Corgan

An Election Agenda for Management if Biden Becomes President

Although the election will be the buzz in every workplace for at least the rest of this week, the prospect of a Biden administration has prompted companies and executives to begin planning for significant changes affecting a… more

Biden Administration, Corporate Management, Diversity and Inclusion Standards (D&I), Estate Planning, Federal Labor Laws

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Hannah Cornett

2023 NAAG Capital Forum: AI Front and Center for AGs

From December 5-6, 2023, the National Association of Attorneys General (NAAG) hosted its annual Capital Forum in Washington D.C., marking the organization’s final major event of the year. The forum, attended by 29 AGs from… more

Artificial Intelligence, Healthcare, National Association of Attorneys General (NAAG), Opioid, Professional Conferences

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Andrea Cortland

Third Circuit Says No To Insured’s Request For Reserve Information

In a victory for insurers, the United States Court of Appeals for the Third Circuit recently rejected an insured’s discovery request for reserve information in a first-party bad faith action. In its April 29, 2014 decision in… more

Appeals, Bad Faith, Discovery, Insureds

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Chad Cowan

Rethinking Restrictive Covenants: Delaware Courts’ Movement in Favor of the Restricted

In the first half of 2023, the Delaware Chancery Court issued two decisions regarding non-competition and non-solicitation provisions that should make parties carefully consider whether restrictive covenants are appropriately… more

DE Supreme Court, Federal Trade Commission (FTC), Limited Liability Company (LLC), NLRB, Non-Solicitation Agreements

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J. Kent Crocker

Does an Optional Release Constitute Bad Faith?

In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and… more

Bad Faith, Bodily Injury, Insurance Industry, Insurance Litigation, Policy Limits

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Brett Crow

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump… more

Appeals, Appellate Courts, Constitutional Challenges, Executive Orders, Injunctions

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Leni Morrison Cummins

Deadline Extended for New York City Local Law 97

May 1, 2025, was the first compliance report deadline under New York City’s Local Law 97 (LL97). LL97 requires most buildings over 25,000 square feet, including condominiums (condos) and cooperatives (coops), to limit carbon… more

Building Codes, Carbon Emissions, Commercial Property Owners, Deadlines, Filing Deadlines

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Gregory Cunningham

Amendment to DGCL §102(b)(7); Expanding Exculpation Rights to Apply to Corporate Officers

For more than 35 years, Section 102(b)(7) of the General Corporation Law of the State of Delaware (DGCL) has permitted a Delaware corporation to include a provision in its certificate of incorporation that eliminates or limits a… more

Board of Directors, Breach of Duty, Corporate Officers, DE Supreme Court, Duty of Care

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Alicia Curran

Texas Supreme Court Identifies Claims that Survive the Payment of an Insurance Appraisal Award

On June 28, 2019, a divided Supreme Court of Texas issued a pair of important opinions addressing how an insurer’s timely payment of an appraisal award impacts the viability of a policyholder’s contractual and extracontractual… more

Appraisal Awards, Bad Faith, Insurance Industry, Prompt Payment, State Farm

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Alexandra Curtin

SEC Proposes Amendments Impacting Beneficial Ownership Reporting

On February 10, 2022, in a 3-1 vote, the U.S. Securities and Exchange Commission (SEC) proposed amendments to Schedules 13D and 13G that govern beneficial ownership reporting. SEC Chair Gary Gensler issued a statement regarding… more

Beneficial Owner, Comment Period, Proposed Amendments, Reporting Requirements, Securities and Exchange Commission (SEC)

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Kenneth Cushing

Third Circuit Rules on Pennsylvania Prompt Payment Act, Affirms Penalty Interest and Attorney's Fees

Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) governs downstream payment obligations on private construction contracts in Pennsylvania. CASPA provides downstream parties with various protections to better… more

Attorney's Fees, CASPA, Construction Contracts, Contractors, Invoices

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John Daly

Colorado Supreme Court: Appraisers May Not Advocate for Party Retaining Them

On June 24, 2019, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Assoc., Inc., Case No. 17SC583, 2019 WL 2571645 (Colo. June 24, 2019), holding that when parties invoke an… more

Appraisal Clauses, CO Supreme Court, Condominium Associations, Insurance Industry

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Jim Davis

Pennsylvania Perspective for Monday, August 18, 2025

Garrity Launches GOP Bid for Governor in 2026- State Treasurer Stacy Garrity has announced her candidacy for the Republican nomination for governor, becoming the first GOP contender in the race and positioning herself as a… more

Employee Benefits, Federal Funding, Federal Grants, Immigration and Customs Enforcement (ICE), Minimum Wage

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William Davis

Navigating Improved Rules for HVCRE Loans – What You Need to Know

On May 24, 2018, the Economic Growth, Regulatory Relief and Consumer Protection Act (the Economic Growth Act or the Act, as applicable) was signed into law. Section 214 of the Economic Growth Act contains provisions that modify… more

Basel III, Commercial Real Estate Market, Financial Institutions, HVCRE, HVCRE Loans

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Michael deLeeuw

COVID-Driven Commercial Litigation – What Businesses Can Expect

As the nation (and much of the world) remains gripped in uncertainty surrounding the COVID-19 pandemic and the impact of the unprecedented measures being taken to combat its spread, one thing appears beyond doubt on the legal… more

Business Litigation, Commercial Contracts, Commercial Court, Contract Terms, Coronavirus/COVID-19

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Eric DeBear

Deal for Wizards and Capitals is a Major Win for Downtown D.C.

Last week, downtown D.C. received another huge boost when it was announced that Mayor Bowser and Monumental Sports entered into a non-binding agreement that will keep the Washington Wizards and Washington Capitals playing in… more

Affordable Housing, Arenas and Stadiums, Mayors, Office Space, Washington

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Raymond DeLuca

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

PennDOT recently awarded the second phase of a local state highway improvement project to Allan Myers, L.P., one of the top nonunion construction and materials companies building infrastructure projects throughout the… more

Bid Protests, Collective Bargaining Agreements (CBA), Competitive Bidding, Construction Industry, Contractors

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Germain DeMartinis

Recent SEC Review of Accredited Investor Definition

The Securities and Exchange Commission (SEC) recently released a staff report reviewing the definition of "accredited investor" in Rule 501(a) of Regulation D under the Securities Act of 1933 (Securities Act), as required at… more

Accredited Investors, Dodd-Frank, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Samuel Denisco

Pennsylvania Perspective for Monday, August 18, 2025

Garrity Launches GOP Bid for Governor in 2026- State Treasurer Stacy Garrity has announced her candidacy for the Republican nomination for governor, becoming the first GOP contender in the race and positioning herself as a… more

Employee Benefits, Federal Funding, Federal Grants, Immigration and Customs Enforcement (ICE), Minimum Wage

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Jeremy Deutsch

The Great Repricing: Commercial Real Estate Eyes the Abyss

The U.S. commercial real estate market, valued at $20 trillion in 2021 by some estimates, touches nearly every facet of urban and suburban dwellers’ lives – from where they live (multi-family housing or apartment buildings) to… more

CMBS, Commercial Real Estate Market, Coronavirus/COVID-19, Interest Rates, Loans

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Michael Deutsch

U.S. DOT Proposes Significant Reforms for Administrative Enforcement, Rulemaking, and Guidance

The U.S. Department of Transportation (DOT) has issued a Notice of Proposed Rulemaking (NPRM) that, if finalized, would represent a consequential shift in how DOT conducts enforcement actions and develops regulations and… more

Administrative Procedure Act, Aviation Industry, Biden Administration, Department of Transportation (DOT), Due Process

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Joseph Dever

A Helpful Reminder for Broker-Dealers Subject to Examination by the SEC

On June 5, 2024, the SEC's Division of Examinations (the Division) released a risk alert regarding the examination of broker-dealers. The alert acknowledges the diversity of the broker-dealer population in the marketplace both… more

Anti-Money Laundering, Books & Records, Broker-Dealer, Cryptocurrency, Disclosure Requirements

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John Dickenson

Florida Enacts Broad Insurance Reforms Focusing on Bad Faith

From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional… more

Bad Faith, Fee-Shifting, Florida, Governor DeSantis, Insurance Industry

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Steven Dickinson

Paycheck Protection Program Extended

The Paycheck Protection Program is scheduled to expire March 31, 2021. However, the program still has a large amount of unspent money, and there is still considerable support for the program in Congress… more

CARES Act, Coronavirus/COVID-19, Federal Loans, Infectious Diseases, Paycheck Protection Program (PPP)

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Austin Dieter

Illinois to Implement Guaranteed Paid Leave for All Workers

On March 13, 2023, Illinois Governor J.B. Pritzker signed the Paid Leave for All Workers Act (the Act) two months after it passed through the Illinois Legislature. While Chicago and Cook County employers are sure to be familiar… more

Governor Pritzker, New Legislation, Paid Leave, Paid Time Off (PTO), State Labor Laws

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Amy Divino

IP Maintenance Payments for Russian Rights

On May 5, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued a new General License (General License No. 31) authorizing certain transactions related to patents, trademarks, and… more

General Licenses, Office of Foreign Assets Control (OFAC), Renewal Fees, Russia, Third-Party

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Christopher Dodson

Cybersecurity Best Practices for AI-Powered Robotics Under State and Federal Privacy Laws

As robotics technology rapidly advances in connection with the use of artificial intelligence (AI), the collection, processing, and storage of personal information—including biometric data—will become increasingly common. Many… more

Biometric Information, Cybersecurity, Data Breach, Data Privacy, Data Security

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Joanne Di Domenico

When Payments Halt Progress: Dispute Resolution Via Parenting Coordination

Canadian courts encourage parents and guardians to resolve conflict other than through court intervention, but some families still need a neutral decision-maker to move forward. Enter the parenting coordinator, an alternative… more

Canada, Child Custody, Child Support, Dispute Resolution, Divorce

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Jay Dorsch

SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains a… more

401k, 403(b) Plans, Automatic Enrollment, Consolidated Appropriations Act (CAA), Employee Benefits

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David Doyle

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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Alex DuFour

New D.C. Law Will Require Disclosure of Ownership of LLCs

If you are considering forming a District of Columbia LLC, already have a District of Columbia LLC, or have an LLC that is doing business in the District of Columbia, a recently enacted law will require disclosure of certain… more

Beneficial Owner, Disclosure Requirements, Limited Liability Company (LLC), Real Estate Development, Regulatory Agencies

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John Dunn

Cozen Cities - August 6, 2025

BOSTON—City Joins Data Alliance to Boost Services - Boston is partnering with the Bloomberg Philanthropies City Data Alliance to improve resident services using AI and analytics. The City aims to modernize 311 notifications… more

Affordable Housing, Arenas and Stadiums, Artificial Intelligence, City Councils, Economic Development

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Samuel Edelstein

Third Circuit Court Opines on Donning and Doffing Under FLSA

In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by employees may be compensable under the Fair Labor Standards Act (FLSA)… more

Appellate Courts, Compensation, Corporate Counsel, De Minimis Claims, Doffing

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Shauna Martin Ehlert

Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was Not Liable For $14 M Excess Verdict

On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not liable… more

Appeals, Diversity Jurisdiction, Good Faith, Insurance Industry, Insurance Litigation

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Arielle Eisenberg

SCOTUS: Denial of Religious Accommodation Requires More Than De Minimis Cost to Employers

Employers faced with an employee’s request for a religious accommodation may no longer use a de minimis increase in cost as a defense for not providing such an accommodation. For the first time since its decision in Trans World… more

Americans with Disabilities Act (ADA), Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Susan Eisenberg

The Roller Coaster Ride of the New White Collar Regulations

The Fair Labor Standards Act (FLSA) got a lot of attention in 2016, and as we move into 2017, there is significant speculation as to what will happen next… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Minimum Wage, Over-Time

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Gregory Eisenstark

New Jersey’s First in the Nation State Environmental Justice Law

On September 18, 2020, New Jersey Governor Phil Murphy signed Senate Bill 232 into law requiring the New Jersey Department of Environmental Protection (NJDEP) “to evaluate the environmental and public health impacts of certain… more

Energy Projects, Environmental Claims, Environmental Policies, Infrastructure, Permits

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Ashley Eldridge

Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

In Jackson v. Spinnaker Insurance Company, the United States District Court for the Western District of Pennsylvania considered a homeowners insurance coverage dispute, ultimately finding that questions of residency and alleged… more

Bad Faith, Breach of Contract, Contract Terms, Denial of Insurance Coverage, Insurance Claims

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Matthew Elkin

Navigating Consumer Refund Demands on Account of the COVID-19 Pandemic

If any events served as harbingers of the oncoming halt of social life as we know it, it may well have been the abrupt, mid-March cancellations of college basketball conference tournaments and interruption of the NBA season… more

Business Interruption, Business Litigation, Coronavirus/COVID-19, Event Cancellation, Event Tickets

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Wendy Enerson

Pennsylanvia Supremes to Decide Whether Actual Cash Value Includes General Contractor Overhead and Profit

Insurance companies may no longer be allowed to rely on clear policy language that expressly excludes general contractor overhead and profit (“GCOP”) from actual cash value payments. The Pennsylvania Supreme Court recently… more

Breach of Contract, Cash Value, Class Action, General Contractors, Insurance Litigation

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Peter Ennis

DOJ Establishes Civil Rights Fraud Initiative Targeting Corporate DEI Programs and Antisemitism

On Monday, May 19, 2025, the U.S. Department of Justice (DOJ) announced a new initiative titled the Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) to further the Trump Administration’s stated goals of… more

Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Educational Institutions, Executive Orders

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Rebecca Eschen

Deed in a Box: An Advantageous Loan Workout Method in the Time of the COVID-19 Pandemic

Most real estate attorneys would typically be dismissive of a transaction that places a deed in escrow as collateral for a loan. This is because it is universally known that any loan term that interferes with a borrower’s equity… more

Borrowers, Deeds, Foreclosure, Lenders, Loan Documentation

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Eliza Estrella

Massachusetts Enacts New Pay Transparency Requirements for Employers

On July 31, 2024, Massachusetts Governor Maura Healy signed into law An Act Relative to Salary Range Transparency (the Pay Transparency Act), which will implement pay-transparency requirements for certain employers. The new… more

EEO, EEO-1, Enforcement, Equal Pay, Fines

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John Ewell

Claims Notes: July 2025

Jones owned an eight-acre property with a half-acre pond in front of his house. Hatcher, a broker, offered to secure cheaper insurance, asking Jones to sign a single-page application without questions. Hatcher inspected and… more

Appeals, Insurance Brokers, Insurance Claims, Insurance Litigation, Insurance Regulations

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Richard Fama

FDA Bans Red Dye No. 3 in Food and Ingested Drugs: What Manufacturers Should Know

On January 16, 2025, the Food and Drug Administration (FDA) issued an order banning FD&C Red No.3 in food and ingested drugs.1 Food and ingested drug manufacturers who use Red No. 3 have until January 15, 2027, or January 18,… more

Consumer Protection Laws, Enforcement Actions, Food and Drug Administration (FDA), Food Safety, Life Sciences

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Alex Farkas

Canadian Securities Administrators Announces Changes to the Listed Issuer Financing Exemption

Effective May 15, 2025, the Canadian Securities Administrators (CSA) is increasing the limit on capital-raising under the listed issuer financing exemption. This amendment aims to improve the competitiveness of Canada’s capital… more

Canada, Capital Markets, Capital Raising, Disclosure Requirements, Exemptions

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Kyle Farnam

Lahaina, Hawaii Wildfire Alert

On August 8, 2023, a wildfire exploded on the west coast of Maui and quickly spread due to high winds. The fire’s ignition was just to the east of the historic town of Lahaina (affectionately referred to by locals as… more

Fires, Hawaii, Insurance Claims, Insurance Industry, Natural Disasters

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Siran Faulders

[Event] Health Care & Life Sciences 2025 - December 5th, Philadelphia, PA

Cozen O'Connor will host Health Care & Life Sciences 2025, our annual in-person seminar exploring critical issues impacting health care and life sciences businesses. Join attorneys and professionals from our Health Care & Life… more

Best Practices, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chief Legal Officers, Continuing Legal Education

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Megan Feehan

The Deductibility of Future Alimony Payments Just Might Depend on the Past

The Tax Cuts & Jobs Act of 2017 eliminated the tax deduction previously allowed for alimony payments effective January 1, 2019. This meant that alimony payments made pursuant to an agreement executed after December 31, 2018… more

Alimony, Divorce, Income Taxes, IRS, Spousal Support

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Elliott Feldman

Hurricane Harvey Litigation Update: Conflicting Opinions Spur Trial on Damages and Appeal

Litigation arising out of Hurricane Harvey (Harvey) has been ongoing since the first lawsuit was filed within days of Harvey making landfall on August 25, 2017, inundating Houston with an unprecedented amount of rainfall and… more

Bellwether Verdicts, Flood Control, Flooding, Hurricane Harvey, Insurance Claims

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John Feldmann III

The Duty to Bargain When Reopening

Our May 4, 2020 blog – Employers With Unionized Workforces Need to be Prepared – discussed how employers with collective bargaining agreements (CBA) should start preparing for a union’s response to the Coronavirus (COVID-19)… more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, NLRB

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Mark Felger

Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens

Summary of Holding - In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the… more

Appeals, Commercial Bankruptcy, First Impression, Liens, Shipping Cargo

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Paul Ferland

Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court

In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad faith… more

Appeals, Appellate Courts, Bad Faith, Denial of Insurance Coverage, Expert Reports

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Lisa Ferrari

IP Maintenance Payments for Russian Rights

On May 5, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued a new General License (General License No. 31) authorizing certain transactions related to patents, trademarks, and… more

General Licenses, Office of Foreign Assets Control (OFAC), Renewal Fees, Russia, Third-Party

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Geoffrey Ferrer

ABSCA: $1.1 Million Reduction Appropriate For Unapproved Foreign-Flag Vessel Use

On February 26, 2025, the Armed Services Board of Contract Appeals issued a decision allowing the government to reduce a contract by $1.1M due to a contractor’s failure to comply with the mandate to use United States-flag… more

Armed Services Board of Contract Appeals, Breach of Contract, Construction Contracts, Contract Disputes, Defense Contracts

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Michael Filbin

Massachusetts Rules Defenses to Prompt Pay Act Violations Retained Only If Payment Made Before Assertion in Legal Proceeding

On June 17, 2024, the Massachusetts Supreme Judicial Court issued an opinion of first impression regarding the Prompt Pay Act, M.G.L. c. 149, §29E, holding that a contractor found to have violated the Prompt Pay Act for… more

Construction Contracts, Construction Industry, Construction Project, Liens, MA Supreme Judicial Court

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Magdalena Filipiuk

AG Memorandum Instructs DOJ to Investigate and Eliminate Illegal DEI Initiatives in Light of EO 14173

As discussed in a recent Cozen O’Connor Alert, Diversity, Equity and Inclusion (DEI) has been at the top of President Trump’s mind, so much so that he recently issued an executive order effectively ending the use of DEI in… more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Compliance, Department of Justice (DOJ)

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Kenneth Fisher

Brooklyn Development Roadmap 2023

While the New York City real estate market has never been for the faint-hearted or undercapitalized, the combination of post-pandemic shifts in office demand and high interest rates has made this the most challenging era since… more

Affordable Housing, Interest Rates, Light Rail, Multi-Family Development, Multi-Family Housing

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Alexia Fishman

The Clock Is Ticking on Estate and Gift Planning

November’s election results could have a profound effect on the estate and gift tax laws. Among a number of significant issues are… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Jillian Thornton Flax

8th Circuit Reverses to Uphold Successor Liability Defense, Highlighting The Importance of Consistent, Clear Descriptions Of Acquisitions To Avoid the de facto Merger Exception

On April 5, the Court of Appeals for the Eighth Circuit wiped out a jury verdict in a products liability action and $13 million punitive damages award against a manufacturer and its wholly owned subsidiary on the basis that the… more

Acquisitions, Estoppel, Jury Verdicts, Mergers, Product Defects

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Jonathon Foglia

Expect Turbulence Ahead as State AGs and DOT Join Forces to Investigate Airlines and Travel Agencies

Last week, the U.S. Department of Transportation (DOT) announced an Airline Passenger Protection Partnership with state AGs (Partnership), which is the latest example of how AGs continue to expand their regulatory reach through… more

Airline Passengers, Airlines, Consumer Complaint System, Department of Transportation (DOT), Investigations

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Peter Fontaine

How Can Boards of Coops and Condos Prevent Fires and Other Injuries Due to Electrical Vehicles and Similar Devices?

In recent months, there has been a dramatic increase in fires resulting from faulty or malfunctioning lithium-ion batteries and chargers used in e-bikes, e-scooters, and other electronic mobility devices… more

Batteries, Condominiums, Electric Vehicles, Lithium Batteries, Public Safety

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Susy Forbath

California Adopts Emergency Cannabis Regulations

California’s Bureau of Cannabis Control has announced that on February 1, 2021, the Office of Administrative Law approved the adoption of emergency regulations implementing processes for cannabis businesses to authorize the… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Financial Institutions, Financial Services Industry, Information Sharing

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James Forsyth

Opportunity Zones Under the One Big Beautiful Bill Act

On July 4, the One Big Beautiful Bill Act (OBBBA) became law and included some tweaks to the prior 2017 qualified opportunity zone (QOZ) tax legislation. The original QOZ rules, created by the Tax Cuts and Jobs Act of 2017, were… more

Capital Gains, Community Development, Economic Development, Investors, New Legislation

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Meagan Foster

Federal Legislators Introduce the American Privacy Rights Act

A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. On April 7, 2024, House Energy and Commerce chair Rep. Cathy McMorris Rogers (R-WA) and Senate… more

California Consumer Privacy Act (CCPA), Communications Act of 1934, Consumer Privacy Rights, Data Privacy, Federal Trade Commission (FTC)

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Walter Foster

Massachusetts Enacts New Pay Transparency Requirements for Employers

On July 31, 2024, Massachusetts Governor Maura Healy signed into law An Act Relative to Salary Range Transparency (the Pay Transparency Act), which will implement pay-transparency requirements for certain employers. The new… more

EEO, EEO-1, Enforcement, Equal Pay, Fines

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Lauren Fox

Policy Alert – Subcontractor Protections Bill

On February 8, 2024, City Councilmember Jim Harrity (At Large) reintroduced legislation that would implement new protections for building service workers, including subcontracted workers, who are “displaced” when the properties… more

Janitorial Services, Layoffs, Notice Requirements, Office Space, Subcontractors

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Simon Fraser

Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens

Summary of Holding - In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the… more

Appeals, Commercial Bankruptcy, First Impression, Liens, Shipping Cargo

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Keith Fredlake

Post-Abandonment Practice and Avoiding Inequitable Conduct

Patent prosecution costs can weigh heavily on cash-strapped clients, who may still face USPTO rejections after spending significant money. Unfortunately (and often), cash-strapped clients are not responsive. And to be fair, even… more

Abandonment, Inequitable Conduct, Patent Applications, Patent Litigation, Patents

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Robert Freeman

May 2018 Update on Significant DOT, FAA, and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the U.S. House of Representatives’ passage of a five-year Federal Aviation Administration (FAA) reauthorization bill, the FAA’s Airworthiness Directives… more

Airlines, Aviation Industry, Department of Homeland Security (DHS), Department of Transportation (DOT), Federal Aviation Administration (FAA)

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C. Towner French

Congress Offers Limited Monetary Relief to Certain Defense Contractors Battling Inflation

As part of the FY23 National Defense Authorization Act (NDAA) passed in December 2022, Congress granted the Department of Defense (DoD) new authority to modify existing fixed-price contracts to compensate defense contractors for… more

Department of Defense (DOD), Federal Contractors, Fixed Price Contracts, General Services Administration (GSA), NDAA

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Debra Steiner Friedman

Deadline for Federal Contractors to Object to New OFCCP FOIA Requests: December 10, 2024

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register on October 29, 2024, notifying federal contractors of its receipt of two new requests under the… more

Affirmative Action, Confidential Business Information (CBI), Department of Labor (DOL), EEO-1, Federal Contractors

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Robert Friedman

IRS Proposed Regulations Attack Valuation Discounts for Family Transfers — The Clock Is Now Ticking

The U.S. Department of the Treasury and the IRS have just issued anticipated proposed regulations that, if made final, would severely limit the ability of taxpayers to transfer interests in family limited partnerships and… more

Estate Planning, Estate Tax, Family Businesses, Family Limited Partnerships, Gift Tax

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Arthur Fritzinger

DOJ & HHS Announce FCA Working Group to Implement Enforcement Priorities

On Wednesday, July 2, 2025, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) announced the creation of a DOJ-HHS False Claims Act Working Group. The Working Group is a procedural… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions

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Emily Fulginiti

Navigating the Future: Key Takeaways & Insights from the 2024 Securities Enforcement Forum Central

One of the concerns following the Supreme Court’s ruling in SEC v. Jarkesy was that other agencies may face similar collateral attacks to its administrative proceedings. While the full impact of Jarkesy remains an open question,… more

Administrative Proceedings, Cybersecurity, Enforcement, Enforcement Actions, Fiduciary Duty

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James Gale

Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?

In this special 150th podcast episode, Michael Schmidt is joined by his Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing next… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Jonathan Gale

The Ever Evolving Regsitrability of Trademarks for CBD Products

Examining attorneys at the U.S. Patent and Trademark Office (USPTO) are citing a recent 2020 decision by the Trademark Trial and Appeal Board (TTAB) to support the position that trademarks for many products (particularly… more

Cannabidiol (CBD) oil, Cannabis Products, FDA Approval, Federal Food Drug and Cosmetic Act (FFDCA), Intellectual Property Protection

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Mark Gallant

CMS Approves Medicaid Waiver Requiring “Community Engagement”

As a first in the history of the Medicaid program, the Centers for Medicare & Medicaid Services (CMS) approved, on January 12, 2018, Kentucky’s section 1115 waiver application that imposes on many beneficiaries a “community… more

Beneficiaries, Centers for Medicare & Medicaid Services (CMS), Medicaid, State and Local Government

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Julia Simonet

U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices

In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham… more

Administrative Authority, Cybersecurity, Data Breach, Fair Notice, Federal Trade Commission (FTC)

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Grace Garver

The VA Primary – A Bellwether For the Country?

The Commonwealth of Virginia has a reputation as an electoral bellwether and its primary election on June 17 will be closely watched for clues as to both the outcome of November’s race, and how the 30+ state AG elections may… more

Election Results, General Elections, Government Agencies, Political Campaigns, Political Candidates

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Jeremiah Garvey

Final Rules on Special Purpose Acquisition Companies, Shell Companies, and Projections

On January 24, 2024, the Securities and Exchange Commission (SEC) adopted the final rules intended to augment investor protections in initial public offerings by special purpose acquisition companies (SPACs) and in subsequent… more

Emerging Growth Companies, Financial Statements, General-Business, Initial Public Offering (IPO), Private Securities Litigation Reform Act of 1995

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Barbara Van Gelder

New Congress, New Investigations

Early Saturday morning, after 15 rounds of voting, Kevin McCarthy (R-Calif. 20th District) finally clinched the speaker’s gavel and swore in members of the 118th Congress. The Republican-led Congress ushers in a new period of… more

Civil Liberties, Coronavirus/COVID-19, Department of Justice (DOJ), Donald Trump, FBI

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Jeremy Gellis

BCSC Guidance on Joint Actors in Proxy Contests and Early Warning Disclosure Requirements

On December 22, 2023, the British Columbia Securities Commission (the BCSC) rendered a decision in NorthWest Copper Corp. (Re) clarifying when parties are considered to be “acting jointly or in concert” and the appropriate… more

Beneficial Owner, British Columbia Securities Commission (BCSC), Canada, Disclosure Requirements, Early Warning Regime

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Jeffrey Gendzwill

Post-Abandonment Practice and Avoiding Inequitable Conduct

Patent prosecution costs can weigh heavily on cash-strapped clients, who may still face USPTO rejections after spending significant money. Unfortunately (and often), cash-strapped clients are not responsive. And to be fair, even… more

Abandonment, Inequitable Conduct, Patent Applications, Patent Litigation, Patents

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Steven Gerber

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for… more

Evidence, Forensic Examination, Jury Instructions, Jury Trial, Litigation Strategies

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Tia Ghattas

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor… more

Alcohol Testing, Commercial Truck Drivers, Department of Transportation (DOT), Drug Testing, Employer Liability Issues

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Nicole Marie Gill

Know Thyself (And Thy Own Discovery Obligations) -- A Case Law Update

A recent decision involving a business dispute over the sale of a company illustrates the standard a party must meet to compel designation of an ESI custodian: the judge denied the motion, finding it was the movant’s burden to… more

Business Disputes, Business Litigation, Custodians, Discovery, Document Productions

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Matthew Glavin

New Laws on Independent Contractors Could Be Coming to a City and State Near You

Following in the footsteps of California, New York and Illinois are proposing their own versions of Assembly Bill 5 (AB5). The result could be a dramatic shift in how workers are classified. While these laws are intended to… more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Minimum Wage

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Jeremy Glenn

Deadline for Federal Contractors to Object to New OFCCP FOIA Requests: December 10, 2024

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register on October 29, 2024, notifying federal contractors of its receipt of two new requests under the… more

Affirmative Action, Confidential Business Information (CBI), Department of Labor (DOL), EEO-1, Federal Contractors

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Jacqueline Glennon

Pennsylvania Legislature Revives Bill Scrutinizing Health Care Transactions

Throughout the country, state governments have been introducing bills which grant state authorities the ability to closely scrutinize health care transactions – specifically, with an eye toward those involving private equity. In… more

Acquisitions, Covered Transactions, Healthcare, Healthcare Facilities, Hospitals

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Allison Goldis

Pennsylvania District Court Finds No Coverage for Foreseeable Damages to Third-Party Property Caused By Faulty Workmanship

In Berkley Specialty Ins. Co. v. Masterforce Constr. Corp., No. 4:19-CV-01162, 2021 U.S. Dist. LEXIS 14006 (M.D. Pa. Jan. 26, 2021) (Brann, J.), the Court recently concluded that, under Pennsylvania law, all reasonably… more

Commercial General Liability Policies, Construction Defects, Construction Project, Denial of Insurance Coverage, Duty to Defend

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Joshua Ross Goodman

Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those discussed… more

Florida, Governor DeSantis, Insurance Claims, Investigations, Property Improvements

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Yehudah Gordon

CFTC Issues New Guidance Prioritizing Compliance Programs in Enforcement Decisions

On September 10, 2020, the Commodity Futures Trading Commission (the CFTC) issued a new guidance memorandum outlining factors that the Division of Enforcement (the division) will consider when evaluating compliance programs in… more

CFTC, Commodity Exchange Act (CEA), Cooperative Compliance Regime, Corporate Misconduct, Enforcement Guidance

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Diedrick Graham

What Now? Critical DEI Considerations for Private-Sector Employers Under Trump Administration 2.0

Following a flurry of executive orders signed by President Trump, private employers are reevaluating their diversity, equity, and inclusion (DEI) initiatives to make important decisions on these programs’ future existence and… more

Affirmative Action, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), Donald Trump

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Abigail Green

A Third Party in New Jersey May be Unable to Avoid Fee Awards Under an Exception to the American Rule

As a cautionary tale, in Accounteks.Net, Inc. v. CKR Law, LLP, and Christian Montes, the New Jersey Appellate Court ruled on May 9, 2023, that, under an exception to the American Rule, a third party can be liable for attorneys’… more

American Rule, Attorney's Fees, Breach of Contract, Information Technology, Restrictive Covenants

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Josh Greenbaum

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor… more

Alcohol Testing, Commercial Truck Drivers, Department of Transportation (DOT), Drug Testing, Employer Liability Issues

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Jeffrey Greenspan

Illinois Supreme Court Curtails Tenant Implied Co-Insured Precedent

On November 28, 2022, the Illinois Supreme Court unanimously reversed the appellate court’s decision that an insurer would have to defend a rental property’s tenants against a third-party negligence claim arising from a fire… more

Co-Insured Issues, Contribution Claims, Duty to Defend, IL Supreme Court, Insurance Industry

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Derek Gretkowski

Federal Circuit Signals Patentees Entitled to Jurisdictional Discovery Before Ruling on Motion to Dismiss

On Monday, June 13, 2022, the Federal Circuit issued an opinion in Univ. of Mass. v. L’Oréal S.A. that signals a new trend in allowing a patentee the benefit of jurisdictional discovery prior to ruling on a foreign defendant’s… more

Foreign Defendants, Limited Jurisdictional Discovery, Motion to Dismiss, Patent Infringement, Patents

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Brett Greving

PAGA Reform: A Win for Employers in California

California's Private Attorneys General Act, better known as PAGA, has been in effect since 2004. PAGA allows employees to sue their employer on behalf of the state for virtually any claimed California Labor Code violation for… more

California, Employment Litigation, Labor & Workforce Development Agency (LWDA), Labor Code, Labor Law Violations

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Howard Grossman

“Fiscal Cliff” Bill Reinstates and Extends Business and Personal Tax Credits for Energy Efficient Residential Properties

On January 1, 2013, the U.S. Congress passed last minute legislation known as the American Taxpayer Relief Act of 2012 to avoid automatic increases in income taxes for millions of Americans, as well as draconian cuts to the… more

Energy Efficiency, Energy-Efficiency Tax Credits, Fiscal Cliff, Tax Credits

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Jonathan Grossman

Revamped HSR: What to Expect When You’re Expecting To Make a Deal

Beginning February 10, 2025, all transactions subject to review pursuant to the Hart-Scott-Rodino (HSR) Act must comply with a new rule (Rule) promulgated by the Federal Trade Commission (FTC) that significantly expands the… more

Acquisitions, Antitrust Provisions, Competition, Compliance, Federal Trade Commission (FTC)

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Melissa Grossman

The Clock Is Ticking on Estate and Gift Planning

November’s election results could have a profound effect on the estate and gift tax laws. Among a number of significant issues are… more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Susan Grueneberg

Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer Of its Franchisee

On October 1, 2019, the 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th… more

Appeals, Franchises, Joint Employers, McDonalds, Private Attorneys General Act (PAGA)

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Allen Guon

Yeah, About That Consignment Agreement … How You Can Lose Your Goods in a Retail Bankruptcy

You just heard a rumor that your largest retail customer is in financial distress and may file for bankruptcy. After a moment of panic, you review your consignment agreement with the retailer (this assumes that you have a… more

Chapter 11, Commercial Bankruptcy, Contract Terms, Creditors, Debtors

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Alicia Gurries

Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute

A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s Property… more

Breach of Contract, Commercial General Liability Policies, Insurance Claims, Insurance Industry, Insurance Litigation

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Steven Haas

New Guidance on Tax Holiday Suspension for Air Transportation Federal Excise Tax

As previously reported, one of the benefits from the Coronavirus Aid, Relief, and Economic Security (CARES) Act was that the 7.5 percent air transportation federal excise tax (FET) that applies to commercial operations,… more

Aviation Industry, CARES Act, Excise Tax, IRS, Relief Measures

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David Hackett

Employer Back to School Guide

Employees with school-aged children are quickly learning that back to school will not be a return to normalcy. Most schools are implementing modified education plans to provide for student and teacher safety in light of COVID-19… more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Re-Opening Guidelines, Relief Measures

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Stephen Halbeisen

Eastland Complex Wildfires Alert

Only a year has passed since Texas was devastated by freezing temperatures and rolling blackouts. Now, Texans are facing a new devastation — the Eastland Complex wildfires. The specific fires that make up the Eastland Complex… more

Insurance Claims, Insurance Industry, Natural Disasters, Property Damage, Property Insurance

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Paul Hallgren

SEC Orders Stay of New Share Repurchase Disclosure Modernization Rule Until Further Notice

On November 22, 2023, the Securities and Exchange Commission (SEC) issued an order to stay the effective date of its Share Repurchase Disclosure Modernization rules adopted in May 2023. The rules, which became effective on July… more

Chamber of Commerce, Disclosure, Form 10-K, Repurchases, Securities and Exchange Commission (SEC)

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Dexter Hamilton

PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in the… more

Employer Liability Issues, Mesothelioma, Workers' Compensation Defense

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Julia Hammond

Virginia Viewpoint: Primary Election Results

On Tuesday, voters in Virginia cast ballots in the Republican and Democratic primaries that will shape hotly contested statewide elections and determine control of the House of Delegates this November. As is customary,… more

Attorney General, Election Results, General Elections, House of Delegates, Political Campaigns

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Noelle Engle-Hardy

Amendments to Trademarks Regulations Prompt Changes at Trademarks Opposition Board

On January 29, 2025, the Canadian Intellectual Property Office (CIPO) announced that the long-awaited amendments to the Trademarks Regulations (SOR/2018-227) and new practice notices implementing cost awards, confidentiality… more

Administrative Procedure, Canadian Intellectual Property Office (CIPO), Case Management, Final Rules, Intellectual Property Litigation

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James Harper

Texas Supreme Court Adopts a Revised Northfield Exception to the Eight-Corners Rule

In February, the Supreme Court of Texas issued two opinions important to Texas’s duty-to-defend analysis. First, the court settled a split among Texas appellate courts by endorsing a limited exception to the eight-corners rule… more

Auto Insurance, Duty to Defend, Extrinsic Evidence, Insurance Industry, Property Damage

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Daniel Harrington

Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law

The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of… more

Amicus Briefs, Anti-Discrimination Policies, Anti-Harassment Policies, Appellate Courts, Constitutional Challenges

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Robert Hawkins

Dealing with Employee Protests and Strikes due to COVID-19 Concerns

The COVID-19 outbreak has rendered many workplaces dormant, but frontline workers in the grocery, delivery, and medical fields are feeling the effects of the massive influx in demand for their services caused by the pandemic… more

CARES Act, Coronavirus/COVID-19, Employee Rights, Labor Relations, NLRA

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Kendall Kelly Hayden

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor… more

Alcohol Testing, Commercial Truck Drivers, Department of Transportation (DOT), Drug Testing, Employer Liability Issues

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Maria Colsey Heard

State AG Pulse | Wrangling Acronyms: SAGs, ORC and AI

Organized retail crime or ORC is one of the few bipartisan issues that lawmakers at both the federal and state levels agree has no upside for consumers or retailers, and regulators are stepping up. Artificial intelligence or… more

Artificial Intelligence, New Regulations, Retailers

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Kyler Hedrick

Virginia Viewpoint: Primary Election Results

On Tuesday, voters in Virginia cast ballots in the Republican and Democratic primaries that will shape hotly contested statewide elections and determine control of the House of Delegates this November. As is customary,… more

Attorney General, Election Results, General Elections, House of Delegates, Political Campaigns

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David Heffernan

FAA Proposes to Increase Rest Periods for U.S. Airline Flight Attendants

The FAA has issued a notice of proposed rulemaking (NPRM) to require that flight attendants at large U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less. Under… more

Airlines, Aviation Industry, Comment Period, Federal Aviation Administration (FAA), Flight Crews

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James Heller

Lessons Emerging from Pinnacle Hip Bellwether Trials

In a staggering verdict, a Texas jury recently awarded over $1 billion against Johnson & Johnson (“J&J”) and its subsidiary DePuy Orthopaedics Inc. (“DePuy”) (collectively referred to as “Defendants”) to six California… more

BMW, CA Supreme Court, DePuy Hip Replacement, Johnson & Johnson, Jury Verdicts

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Heidi Hertz

Virginia Viewpoint: Primary Election Results

On Tuesday, voters in Virginia cast ballots in the Republican and Democratic primaries that will shape hotly contested statewide elections and determine control of the House of Delegates this November. As is customary,… more

Attorney General, Election Results, General Elections, House of Delegates, Political Campaigns

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Joseph Hill

Pennsylvania Perspective for Monday, August 18, 2025

Garrity Launches GOP Bid for Governor in 2026- State Treasurer Stacy Garrity has announced her candidacy for the Republican nomination for governor, becoming the first GOP contender in the race and positioning herself as a… more

Employee Benefits, Federal Funding, Federal Grants, Immigration and Customs Enforcement (ICE), Minimum Wage

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Elena Hillman

Will Pay Transparency Laws Level the Playing Field?

According to the federal government, “[a]lthough the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man earns, according to 2020 data from the Bureau of Labor… more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Pay Equity Laws, Pay Transparency

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Erin Bolan Hines

Illinois BIPA Reform 2024 – Back Where We Started or Moving Forward?

Last week, the Illinois Senate advanced the first significant BIPA amendment (SB 2979), passing it in the Senate by a vote of 46-13. The bill has broad Democratic support, and groups that have traditionally opposed BIPA have… more

Amazon, Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection

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Virgil Hlus

What Canadian High Net Worth Families Should Know About the U.S. One Big Beautiful Bill

The United States recently passed tax legislation called the One Big Beautiful Bill Act (OBBBA), a follow-up to the 2017 Trump tax cuts. While the bill is American, many Canadian families with cross-border ties, including U.S… more

Bonus Depreciation, Canada, Cross-Border, Estate Planning, Foreign Tax Credits

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John Ho

OSHA Renews Focus On Amputations In Manufacturing

OSHA recently renewed its national emphasis program focused on preventing amputations in manufacturing, effective June 27. The national emphasis program will remain in place for five years, and programmed inspections may begin… more

Employer Responsibilities, Enforcement Actions, Manufacturers, NEP, OSHA

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Jonathan Hoffman

Making The Divorce Process Easier For Victims Of Spousal Abuse

Pennsylvania allows parties to a divorce action to seek both no-fault and fault divorces. While fault remains available, the overwhelming majority of divorces are granted under no-fault grounds. The statutory framework for… more

Bodily Injury, Divorce, Domestic Violence, Marriage, New Legislation

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Sydney Holman

Employment Law Now VI-113 - Panel Discussion on Significant Equal Pay Legislation

Equal pay issues are becoming more prominent across the country, and significant new legislation in Illinois is worth noting (whether or not the company does business there). Joining Michael Schmidt to discuss the law and its… more

Equal Pay, Illinois, New Legislation, State Labor Laws, Wage and Hour

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Aaron Holt

NLRB General Counsel Issues Memorandum Arguing Noncompetes are Illegal

In May 2023, National Labor Relations Board’s General Counsel Jennifer Abruzzo issued Memorandum GC 23-08, taking the position that noncompete provisions violate the National Labor Relations Act (NLRA) except in limited… more

Federal Trade Commission (FTC), NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements

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John Holub

New Jersey Privacy Law

On January 16, Governor Murphy signed legislation requiring legal entities who collect consumer information to make certain disclosure to consumers. The law further requires that businesses provide consumers with an option to… more

Consumer Fraud, Consumer Privacy Rights, Customer-Loyalty Programs, Data Protection, Governor Murphy

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Ingrid Hopkinson

A Compelling Case for Judicial Education

Two recent coordinated decisions from the Pennsylvania Superior Court quashing appeals brought by factoring companies and their investors highlight not only the intent behind structured settlement protection acts, but also the… more

Beneficiaries, Beneficiary Designations, Structured Settlement Protection Act (SSPA), Structured Settlements, Transfers

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Abigail Horvat

The Latest On Louisiana’s Bad Faith and Claims-Handling Statutes

On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act rapidly… more

Bad Faith, Breach of Contract, Damages, Insurance Claims, Insurance Litigation

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Chase Howard

NY DFS’s Regulation 187 – Consumers’ Best Interests

On February 1, 2020, the New York Department of Financial Services’ Regulation 187 will go into effect for life insurance products. Although Regulation 187 went into effect with regard to annuity products on August 1, 2019, its… more

Annuities, Best Interest Standard, Department of Financial Services, Life Insurance

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Matthew Howell

Continuing Trends & New Developments: CFIUS Releases 2024 Report to Congress

The Committee on Foreign Investment in the United States (CFIUS) recently published its 2024 Calendar Year Annual Report, which illustrates recent and historical trends relating to CFIUS’s review of investments in U.S. business… more

Acquisitions, CFIUS, Cybersecurity, Export Controls, Filing Requirements

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Gregory Hudson

Texas Supreme Court Clarifies Whether Bad Faith Liability May Exist in Absence of a Policy Breach

In Menchaca v. USAA Texas Lloyds Company, Cause No. 14-0721 (Tex.2018) the Texas Supreme Court replaced its prior 2017 opinion. The court continues to hold that where there has been no breach of the insurance policy, generally… more

Bad Faith, Insurance Industry, TX Supreme Court

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Kevin Hughes

Hurricane Harvey Litigation Update: Conflicting Opinions Spur Trial on Damages and Appeal

Litigation arising out of Hurricane Harvey (Harvey) has been ongoing since the first lawsuit was filed within days of Harvey making landfall on August 25, 2017, inundating Houston with an unprecedented amount of rainfall and… more

Bellwether Verdicts, Flood Control, Flooding, Hurricane Harvey, Insurance Claims

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Amorie Hummel

Update on California's Climate Disclosure Laws: What Companies Need to Know

On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to discuss forthcoming regulations implementing California’s corporate climate disclosure laws. The workshop focused on the scope of the… more

California, CARB, Chamber of Commerce, Climate Change, Constitutional Challenges

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Hayes Hunt

Ticket to Sue – Pennsylvania’s Registration Requirement for Foreign Business Entities

Consider the following scenario: You represent a foreign corporation in a breach of contract action in Pennsylvania state court. Your client is seeking substantial damages for unpaid widgets that it shipped to the defendant… more

Breach of Contract, Doing Business, Foreign Corporations, Registration Requirement

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Thomas Ingalls

DOJ Announces New Considerations in Evaluating Corporate Compliance Programs

The Department of Justice’s Antitrust Division (Antitrust Division) updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Antitrust Compliance Guidance) on November 12, 2024. The new… more

Anti-Retaliation Provisions, Artificial Intelligence, Collaboration, Compliance, Corporate Governance

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Cassandra Jacobsen

NLRB General Counsel Issues Memorandum Arguing Noncompetes are Illegal

In May 2023, National Labor Relations Board’s General Counsel Jennifer Abruzzo issued Memorandum GC 23-08, taking the position that noncompete provisions violate the National Labor Relations Act (NLRA) except in limited… more

Federal Trade Commission (FTC), NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements

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Katayun Jaffari

SEC Swiftly Launches Project Crypto and on the Road Roundtables After the President’s Working Group Report

President’s Working Group on Digital Assets Issues Report- On January 23, 2025, the President issued an executive order entitled “Strengthening American Leaders in Digital Financial Technology” to promote U.S. leadership in… more

Blockchain, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets, Executive Orders

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Mehrnaz Jalali

SEC Swiftly Launches Project Crypto and on the Road Roundtables After the President’s Working Group Report

President’s Working Group on Digital Assets Issues Report- On January 23, 2025, the President issued an executive order entitled “Strengthening American Leaders in Digital Financial Technology” to promote U.S. leadership in… more

Blockchain, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets, Executive Orders

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Theo Jeffreys

BCSC Guidance on Joint Actors in Proxy Contests and Early Warning Disclosure Requirements

On December 22, 2023, the British Columbia Securities Commission (the BCSC) rendered a decision in NorthWest Copper Corp. (Re) clarifying when parties are considered to be “acting jointly or in concert” and the appropriate… more

Beneficial Owner, British Columbia Securities Commission (BCSC), Canada, Disclosure Requirements, Early Warning Regime

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Charles Jesuit

PA Supreme Court Holds General Contractor Overhead and Profit Can be Withheld From ACV Payments

On August 18, 2020, the Supreme Court of Pennsylvania held, in a 4-3 decision, that insurer, Truck Insurance Exchange, was entitled to withhold general contractor overhead and profit expenses (“GCOP”)… more

Cash Value, General Contractors, Insurance Claims, Insurance Litigation, PA Supreme Court

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Daniel Johns

NLRB 10(j) Injunctions Must Meet the Traditional Injunction Test

In an 8-1 decision involving Starbucks, the Supreme Court last week held that district courts must apply the traditional four-factor test for preliminary injunctions to injunctions sought by the National Labor Relations Board… more

Injunctive Relief, NLRA, NLRB, Preliminary Injunctions, SCOTUS

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Tracey Jordan

Southern District Court of New York Permits Extensive Discovery of Reserve And Reinsurance Information in Bad Faith Litigation

In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed… more

Bad Faith, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Discovery

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Christopher Josten

Third Circuit Rules on Pennsylvania Prompt Payment Act, Affirms Penalty Interest and Attorney's Fees

Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) governs downstream payment obligations on private construction contracts in Pennsylvania. CASPA provides downstream parties with various protections to better… more

Attorney's Fees, CASPA, Construction Contracts, Contractors, Invoices

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Juan Juan Garrido

Decision: Insurer Prevails on Motion in Limine to Exclude RCV Evidence at Trial

In the recent decision Marquez v. Clear Blue Specialty Insurance Company, No. 6:23-cv-2025-ACC-DCI, 2024 U.S. Dist. LEXIS 219390 (M.D. Fla. Dec. 4, 2024), the U.S. District Court for the Middle District of Florida granted the… more

Cash Value, Contract Terms, Damages, Evidence, Insurance Claims

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Gabriela Manzanares Jule

Illinois Insights: An update from Cozen O'Connor (8/18)

Pritzker acts upon 269 bills, vetoes 2, signs 'lawsuit inferno' measure - “In a Friday announcement of the status of 269 bills, Gov. J.B. Pritzker has signed legislation which led opponents to call Illinois a “Lawsuit… more

Ballot Measures, City Councils, Data Privacy, Department of Justice (DOJ), Governor Pritzker

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James Billings-Kang

En Banc Fourth Circuit Affirms Dismissal of False Claims Act Lawsuit and Vacates Panel Opinion

We previously reported that the Fourth Circuit, via a 2-1 decision in United States ex rel. Sheldon v. Allergan Sales, LLC, 24 F.4th 340 (4th Cir. 2022), affirmed the dismissal of a False Claims Act (“FCA”) qui tam lawsuit… more

En Banc Review, False Claims Act (FCA), Medicaid, Medicaid Drug Rebate Program, Underpayment

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Max Kaplan

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This decision… more

Appeals, Consent, Enforcement Actions, FCC, Regulatory Authority

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Menachem Kastner

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay rent… more

Business Interruption, Business Litigation, Commercial Leases, Commercial Tenants, Contract Terms

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Steven Katkov

FinCEN Exempts US Entities and Persons from CTA

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) adopted an interim final rule (Rule) exempting U.S. companies previously subject to the reporting requirements under the Corporate Transparency Act (CTA) from… more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, Exemptions, Filing Requirements

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Alexander Katznelson

CSA Expands LIFE Exemption: Blanket Relief Order Increases Capital Raising Limits for Listed Issuers

On May 14, 2025, the Canadian Securities Administrators (the CSA) issued Coordinated Blanket Order 45-935 (the Blanket Order), introducing targeted relief from certain limitations of the Listed Issuer Financing Exemption (the… more

Canadian Securities Administration, Capital Raising, Corporate Governance, Disclosure Requirements, Exemptions

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Wendy Klein Keane

AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules… more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Construction Disputes

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Barry Kearney

NLRB Reaffirms Its Commonsense Approach to the Validity of Employee Rules

LA Specialty Produce is a distributor of produce and other fine and specialty foods. LA Specialty’s employee manual contains, among other rules, a confidentiality rule and a media contact rule. The confidentiality rule states,… more

Confidentiality Agreements, NLRA, NLRB

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Jesse Keene

Washington State Reopens Some Construction, with Restrictions

On April 24, 2020, Washington Governor, Jay Inslee, signed an addendum to Proclamation 20-25 that allows a limited restart to construction projects in the state. Developed by the governor’s Construction Working Group, the Phase… more

Construction Project, Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines

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Sarah Kelly

Unnoticed Provision of New Tax Bill Makes Sex Harassment Settlements Subject to NDAs Not Deductible

A provision in the tax bill President Trump signed into law on December 22, 2017, has important implications for the settlement of sexual harassment claims. The new law includes a post-Weinstein, #MeToo era provision aimed at… more

Non-Disclosure Agreement, Sexual Harassment, Tax Deductions, Tax Reform, Trump Administration

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Stephen Kempa

Observations on Erie Insurance Exchange v. Moore: A Misapplication of Precedent

The duty to defend is a critical threshold determination in all liability coverage disputes. The Pennsylvania Supreme Court has provided a clear and consistent directive on the issue: facts alleged in the complaint control… more

Denial of Insurance Coverage, Duty to Defend, Insurance Claims, Insurance Litigation, Liability Insurance

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Elliot Kerzner

Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit

The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM… more

Exclusions, Fire Damage, Homeowner's Insurance, Insurance Claims, Insurance Industry

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Kevin Kerr

Pennsylvania Perspective for Monday, August 18, 2025

Garrity Launches GOP Bid for Governor in 2026- State Treasurer Stacy Garrity has announced her candidacy for the Republican nomination for governor, becoming the first GOP contender in the race and positioning herself as a… more

Employee Benefits, Federal Funding, Federal Grants, Immigration and Customs Enforcement (ICE), Minimum Wage

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Ashley Kessler

Ask JeePT: Does ChatGPT replace a traditional trademark availability search?

Unless you live under a rock, you have likely heard of ChatGPT, the artificial intelligence-powered chatbox, and the praises being sung regarding its unlimited functions. Ask it anything, they say. Have it summarize research… more

Artificial Intelligence, Brand, Goods or Services, Google, Inventors

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Daniel Kilburn

Amendments Expand Pennsylvania’s Data Breach Notification Law

Businesses suffering a data breach affecting Pennsylvania residents may have new compliance obligations pursuant to a recent amendment to the Commonwealth's data breach notification law. Earlier this year, Pennsylvania lawmakers… more

Amended Legislation, Breach Notification Rule, Credit Monitoring, Data Breach, Pennsylvania

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Jerry Kilgore

Virginia Viewpoint: Primary Election Results

On Tuesday, voters in Virginia cast ballots in the Republican and Democratic primaries that will shape hotly contested statewide elections and determine control of the House of Delegates this November. As is customary,… more

Attorney General, Election Results, General Elections, House of Delegates, Political Campaigns

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Kelly Kindig

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

For the second time in four years, a U.S. president has quickly dismissed the general counsel of the National Labor Relations Board (NLRB), and replaced them with a new acting general counsel, who then immediately issued a… more

Employee Rights, Employment Policies, Enforcement Actions, Executive Orders, Federal Labor Laws

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Charles Kinney

South Carolina’s New Tort Reform and Liquor Liability Law

On May 28, 2025, South Carolina Governor Henry McMaster officially signed H.3430, also known as Act 42, which amends part of South Carolina’s Contribution Among Tortfeasors Act, S.C. Code Ann. §15-38-15, as well as laws… more

Amended Legislation, Damages, Governor McMaster, Insurance Regulations, Joint and Several Liability

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Erick Kirker

Connecticut Supreme Court Clarifies (and Relaxes) the Default Rule for Subrogation Against Tenants

Subrogated insurers get a big win in Connecticut. In April, the Connecticut Supreme Court clarified, and effectively relaxed, the “default rule” for subrogation claims against a tenant in Connecticut. In DiLullo v. Joseph, 259… more

CT Supreme Court, Landlords, Subrogation, Tenants

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Jeffrey Klamut

Employment Law Now VIII-155 - The Trump 2.0 Impact on Labor and Employment Law

For this Thanksgiving week episode, Michael Schmidt is joined by several Cozen O'Connor colleagues to discuss the likely impact of President Trump's second administration on such L&E issues as federal agency regulation and… more

Artificial Intelligence, Department of Labor (DOL), Employer Liability Issues, Federal Labor Laws, Labor Reform

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Barry Klayman

Third Circuit Affirms Bad Faith Involuntary Bankruptcy Dismissal, Increasing Risk of Punitive Damages

Last week’s decision by the U. S. Court of Appeals for the Third Circuit in In re: Forever Green Athletic Fields, Inc., No. 14-3906 (3d Cir. Oct. 16, 2015) held that an involuntary bankruptcy petition filed under 11 U.S.C. § 303… more

Bad Faith, Bankruptcy Code, Chapter 11, Chapter 7, Compensatory Damages

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Michael Klein

Pennsylvania April 15 COVID-19 Health Measures Order for Certain Businesses, Including Utilities

On April 15, 2020, Pennsylvania Health Secretary Dr. Rachel Levine issued an order requiring the implementation of additional protective measures for critical workers of businesses that are authorized to maintain in-person… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Legislative Agendas, Operators of Essential Services

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William Knowles

Washington: Third-Party Administrators and Adjusters Can Be Liable in Bad Faith Actions

On April 11, 2017, the Division III Washington Court of Appeals, on a 2 to 1 vote, held that third party administrators and adjusters can be liable in bad faith actions under multiple legal theories. Merriman v. Am. Guar. &… more

Appeals, Bad Faith, Claims Adjusters, Class Certification, Homeowner's Insurance

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Jason Kreps

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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Vivien Krieger

Major Long Island City Rezoning Enters Public Review

On April 21, 2025, the New York City Planning Commission (CPC) certified the city-led Long Island City Neighborhood Plan, known as OneLIC, into public review. OneLIC seeks to build on Long Island City’s status as one of Queens’… more

Affordable Housing, Community Development, Economic Development, Housing Market, New Legislation

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Nicholas Krishan

CSA Provides Delivery Relief for AGM Materials Due to Canada Post Strike

On November 15, 2024, all postal service in Canada by Canada Post was suspended as a result of labour action by the Canadian Union of Postal Workers; a disruption that has resulted in significant collateral effects for Canada’s… more

Annual Meeting, Beneficial Owner, Canada, Canadian Securities Administration, Mail

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Sarah Krissoff

The SDNY Pilots a New Program for Whistleblowers

Last week, the U.S. Attorney’s Office for the Southern District of New York (SDNY) launched a pilot program to incentivize individuals to come forward and report illegal activity. Under the program, participants in specified… more

Illegal Activity, Incentives, New York, State Attorneys General, State Pilot Programs

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Howard Krooks

Hundreds of Millions Lost by Seniors Due to Bankruptcies Filed by CCRC Communities

The Wall Street Journal has reported that recent bankruptcies nationwide in the Continuing Care Retirement Community (CCRC) segment of the long-term care marketplace have resulted in residents losing their buy-in deposit. Such… more

Bankruptcy Court, Chapter 11, Consumer Financial Products, Consumer Protection Laws, Continuing Care Retirement Communities

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Aselle Kurmanova

Passage of the GENIUS Act: A Turning Point in Stablecoin and Digital Asset Regulation

President Donald J. Trump has signed into law the GENIUS Act (Guiding and Establishing National Innovation for U.S. Stablecoins of 2025 or the GENIUS Act of 2025), establishing the first comprehensive federal framework for… more

Anti-Money Laundering, Compliance, Digital Assets, Federal Reserve, Financial Regulatory Reform

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James Kwartnik

2017 AIA Contract Documents Update

Roughly every 10 years, the American Institute of Architects (AIA) updates its construction contract documents, which are among the most widely used and accepted forms in the construction industry, to reflect legal and business… more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

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Dilina Lallani

The Supreme Court of Canada Clarifies the Doctrine of Corporate Attribution

On October 11, 2024, the Supreme Court of Canada (the SCC) rendered a decision clarifying the corporate attribution doctrine in the bankruptcy and insolvency context. Aquino v. Bondfield Construction Co.1 involved a dispute… more

Appeals, Bankruptcy and Insolvency Act (BIA), Bankruptcy Code, Bankruptcy Court, Canada

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Derick Lancaster

Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases

In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured… more

Appeals, Appellate Courts, Bad Faith, Damages, Depositions

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Hannah Cornett Land

State AG Pulse | Massive Google Settlement Shows AGs Serious About Privacy

Following the recent $1.375B settlement between the Texas AG and Google over its use of embedded tracking software, our fifth State AG Pulse episode in season 5 asks whether consumers really understand how their personal data is… more

Consumer Protection Laws, Data Privacy, Enforcement Actions, Google, Privacy Laws

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C. Edward Langhammer, Jr.

California Employers Can Let Cal/OSHA Know Federal OSHA COVID-19 ETS Potential Workplace Impacts

The California Division of Occupational Safety and Health (Cal/OSHA) maintains an occupational safety and health plan that is approved and monitored by the federal Occupational Safety and Health Administration (federal OSHA). As… more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, State Labor Laws

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Nathan Larkin

DOJ Continues Crackdown on No-Poach-Agreements

The Department of Justice (DOJ) is continuing its crackdown on alleged “no poach” or “wage fixing” market collusion between competitors. Last week, DOJ announced charges against four individuals operating home health care… more

Collusion, Competition, Department of Justice (DOJ), Home Health Care, No-Hire/No-Solicitation Agreements

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Larry Laubach

FinCEN Exempts US Entities and Persons from CTA

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) adopted an interim final rule (Rule) exempting U.S. companies previously subject to the reporting requirements under the Corporate Transparency Act (CTA) from… more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, Exemptions, Filing Requirements

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Charles Law

“Untying the Knot”: Practical Considerations for the Newly Divorced

I was asked recently by a financial advisor in New York, to review and comment on a chart he had put together which was designed to help newly-divorced people in get back on their feet. The draft document I received covered… more

Divorce, Estate Planning, Financial Planning, Income Taxes, Individual Retirement Account (IRA)

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Alison Lecker

EPA Revises PFAS Reporting Timeline to Begin April 13, 2026

The EPA has announced an interim final rule adjusting the PFAS reporting requirements under the Toxic Substances Control Act (TSCA). The new reporting period will commence on April 13, 2026, and conclude on October 13, 2026… more

Chemicals, Environmental Protection Agency (EPA), Filing Deadlines, Final Rules, Imports

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Robert Lee

Is qEEG Evidence Admissible to Show a Brain Injury? A Washington State Court Says No

In Washington, nearly every injury lawsuit now includes a traumatic brain injury claim. As brain MRIs and CT scans are almost always normal, plaintiffs’ counsel are seeking new ways to “show” the jury “proof” of the brain… more

Admissible Evidence, Bodily Injury, Evidence, Motion to Exclude, Traumatic Brain Injuries

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Eric Leonard

OMB Issues Additional Guidance on Consolidating Procurement Activities at GSA

On July 18, 2025, the director of the Office of Management and Budget (OMB) issued Memorandum M-25-31. The Memorandum provides additional guidance on the consolidation of federal procurement activities pursuant to the policies… more

Biden Administration, Compliance, Executive Orders, Federal Acquisition Regulations (FAR), Federal Budget

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Jeffrey Leonard

Department of Defense Publishes Final Rule on Cybersecurity Maturity Model Certification

On October 15, 2024, the Department of Defense (DoD) published the long-anticipated first part of its final rule (the Final Rule) for the Cybersecurity Maturity Model Certification (CMMC) program. After the implementation of the… more

Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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William Lesser

Diversity, Equity, and Inclusion from a Public Utility Perspective

Due to recent legal developments, Diversity, Equity, and Inclusion (DEI) programs have become complex for corporations. However, public utilities face a unique landscape. Regulatory oversight, responsiveness to customers and… more

Diversity and Inclusion Standards (D&I), Electricity, Goods or Services, Oil & Gas, Policy Statement

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Daniel Levine

SECURE ACT — Notable Changes to Retirement Plan Benefits

On December 20, 2019, the president signed into law the Secure Act. The Secure Act, among other things, changes certain rules regarding retirement plans. These changes may have an impact on your estate plan, which could require… more

Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement, Retirement Plan

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Jeffrey Lewis

The SHIPS for America Act

On Wednesday, April 30, 2025, Senators Mark Kelly (D-AZ) and Todd Young (R-IN) and Representatives Trent Kelly (R-MS) and John Garamendi (D-CA) introduced S. 1541, the Shipbuilding and Harbor Infrastructure for Prosperity and… more

Infrastructure, International Trade, Investment, Maritime Transport, National Security

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Katrell Lewis

NYS Legislative Session Concludes

The 2024 New York State legislative session has concluded. The end of the session was largely overshadowed by Governor Hochul’s directive to the Metropolitan Transit Authority (MTA) to halt the implementation of congestion… more

Affordable Housing, Climate Change, Consumer Privacy Rights, Legislative Agendas, New Legislation

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Samuel Lewis

The Frustrating Reality of Fair Use: AWF v. Goldsmith

On May 18, 2023, the U.S. Supreme Court released its long-awaited opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. In 1981, rock and roll photographer Lynn Goldsmith photographed the… more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artists, Copyright, Copyright Infringement, Fair Use

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Andrew Linz

Notice of Appeal - Summer 2024

A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays, Defendant… more

Appeals, Appellate Courts, Criminal Records, Derivative Tort Claims, Double Jeopardy

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Thomas Alan Lisk

Virginia Viewpoint: Primary Election Results

On Tuesday, voters in Virginia cast ballots in the Republican and Democratic primaries that will shape hotly contested statewide elections and determine control of the House of Delegates this November. As is customary,… more

Attorney General, Election Results, General Elections, House of Delegates, Political Campaigns

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Ethan Price-Livingston

Delaware Supreme Court Rejects Fundamentally Identical Relatedness Standard

On March 16, 2022, in a unanimous decision the Delaware Supreme Court affirmed a Superior Court ruling that a securities class action and a later-filed opt out action were related claims, and thus the subsequent action was… more

Class Action, D&O Insurance, DE Supreme Court, Misrepresentation, Securities Fraud

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Lucas Patterson Lopes

New York City Council Approves Midtown South Mixed-Use Plan

On August 14, 2025, the New York City Council approved the city-led Midtown South Mixed-Use Plan (MSMX), rezoning a 42-block area of Midtown South where mixed-use zoning districts allowing high-density residential development… more

Affordable Housing, City Councils, Infrastructure, Mixed-Use Zoning, Multi-Family Development

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Amanda Geary Losacco

The President Directs Greater Urgency on Advanced Air Mobility, Drone Manufacturing & Integration

President Trump recently signed two Executive Orders aimed at advancing the integration of unmanned aircraft systems (UAS or drones) and promoting U.S. drone manufacturing and export. The Orders underscore the Trump… more

Aviation Industry, Drones, Executive Orders, Federal Aviation Administration (FAA), Final Rules

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Daniel Luccaro

Structuring Lease Agreements To Maximize Subrogation Recoveries

One of the most frustrating scenarios in the subrogation world is when a promising claim with clear liability on the part of a tenant is barred or limited based on lease language. When it comes to lease agreements, a potential… more

Insurance Industry, Landlords, Leases, Liability Insurance, Property Damage

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Ann-Marie Luciano

Washington and Colorado Enact Uniform Premerger Notification Laws: What Businesses Need to Know About The New Era in State AG Premerger Information Sharing

As of July 27, Washington State is now the first state to enact a uniform antitrust premerger notification law, and as of August 6, 2025, Colorado will be the second. Both new notification laws are similar, as they are modeled… more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Enforcement

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Aaron Lukas

First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have… more

Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Appeals, Food and Drug Administration (FDA)

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Kurt Lunkenheimer

DOJ & HHS Announce FCA Working Group to Implement Enforcement Priorities

On Wednesday, July 2, 2025, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) announced the creation of a DOJ-HHS False Claims Act Working Group. The Working Group is a procedural… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions

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Cheri MacArthur

Whirlpool Fined $11.5M for Failing to Notify of Faulty Cooktops

In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) approved a settlement with Whirlpool Corp., which requires Whirlpool to pay $11.5 million in civil penalties for allegedly ignoring reports from consumers… more

Bodily Injury, Consumer Product Safety Commission (CPSC), Failure to Report, Insurance Claims, Insurance Industry

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Douglas Mackin

Massachusetts Rules Defenses to Prompt Pay Act Violations Retained Only If Payment Made Before Assertion in Legal Proceeding

On June 17, 2024, the Massachusetts Supreme Judicial Court issued an opinion of first impression regarding the Prompt Pay Act, M.G.L. c. 149, §29E, holding that a contractor found to have violated the Prompt Pay Act for… more

Construction Contracts, Construction Industry, Construction Project, Liens, MA Supreme Judicial Court

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Richard Mackowsky

Insurer’s Denial of Mitigation Claim for Extra Costs to Prevent Cancellation of Contract Upheld

Many property insurance policies that provide coverage for business interruption losses also include “extra expense” coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal business… more

Business Income, Business Interruption, Commercial Insurance Policies, Insurance Industry, Insurance Litigation

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Anne Madonia

Recent SEC Review of Accredited Investor Definition

The Securities and Exchange Commission (SEC) recently released a staff report reviewing the definition of "accredited investor" in Rule 501(a) of Regulation D under the Securities Act of 1933 (Securities Act), as required at… more

Accredited Investors, Dodd-Frank, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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J. Bruce Maffeo

DOJ Antitrust Division Endorses International Cooperation in Cartel Investigations

In July 2020, the Antitrust Division of the U.S. Department of Justice (Antitrust Division) applauded the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price… more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Cartels, Corporate Misconduct

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Robert Magovern

Continuing Trends & New Developments: CFIUS Releases 2024 Report to Congress

The Committee on Foreign Investment in the United States (CFIUS) recently published its 2024 Calendar Year Annual Report, which illustrates recent and historical trends relating to CFIUS’s review of investments in U.S. business… more

Acquisitions, CFIUS, Cybersecurity, Export Controls, Filing Requirements

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James Mahady

DOJ & HHS Announce FCA Working Group to Implement Enforcement Priorities

On Wednesday, July 2, 2025, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) announced the creation of a DOJ-HHS False Claims Act Working Group. The Working Group is a procedural… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions

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Richard Maleski

Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is… more

Attorney's Fees, Bad Faith, Comparative Negligence, Governor DeSantis, Insurance Industry

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Zakariah Malik

NYC Council’s Preliminary Budget Response

Earlier this week, the New York City Council released its response to the Mayor’s Fiscal Year 2025 Preliminary Budget. The response identifies $6.15 billion in newly available funds, citing higher-than-expected tax revenue from… more

Budgets, City Councils, Mayors, New York, State and Local Government

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Hugh Marbury

Fox News v. TVEyes: Implementing Internal Policies to More Likely Remain Within the Realm of Fair Use

This week’s Second Circuit decision in Fox News Network, LLC, v. TVEyes, Inc. (No. 15-3885(L)) has muddled the already challenging doctrine of fair use in copyright infringement lawsuits, particularly in the context of rapidly… more

Copyright, Copyright Infringement, Fair Use, Fox News

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Virginia Markovich

Recent Notable Recalls

By now most subrogation professionals understand the importance of keeping current with the frequent Consumer Product Safety Commission recall notices. For this blog post we note the following recent notable recalls for the… more

Consumer Product Safety Commission (CPSC), Product Recalls, Subrogation

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Milton Marquis

Washington and Colorado Enact Uniform Premerger Notification Laws: What Businesses Need to Know About The New Era in State AG Premerger Information Sharing

As of July 27, Washington State is now the first state to enact a uniform antitrust premerger notification law, and as of August 6, 2025, Colorado will be the second. Both new notification laws are similar, as they are modeled… more

Acquisitions, Anti-Competitive, Antitrust Provisions, Competition, Enforcement

See all updates »

Kaitlyn Martin

Trump v. Biden: CANNABIS LEGALIZATION

With the 2020 presidential election just days away, the future of cannabis legalization will likely rest on the shoulders of whoever is sitting in the Oval Office on January 20, 2021. So where do Donald Trump and Joe Biden stand… more

Cannabis Products, Controlled Substances, Controlled Substances Act, Decriminalization of Marijuana, Department of Justice (DOJ)

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Patrick Martin

Trump v. Biden: CANNABIS LEGALIZATION

With the 2020 presidential election just days away, the future of cannabis legalization will likely rest on the shoulders of whoever is sitting in the Oval Office on January 20, 2021. So where do Donald Trump and Joe Biden stand… more

Cannabis Products, Controlled Substances, Controlled Substances Act, Decriminalization of Marijuana, Department of Justice (DOJ)

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Heather Marx

The First Sale Doctrine: A Strategic Tool to Reduce Import Values & Lower Tariffs with U.S. Customs

The first sale doctrine is an important principle in U.S. customs law that allows importers to use the price of the first sale in a series of transactions as the basis for calculating customs duties. This doctrine can be… more

Arms Length Transactions, Compliance, Customs and Border Protection, Documentation, First Sale Doctrine

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Howard Maycon

California Wildfire Alert - Mill Fire and Fairview Fire

Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity, and we are actively… more

California, Insurance Claims, Insurance Industry, Property Insurance, Wildfires

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Suzanne Mayes

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, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Sidnee McDonald

The Revocation of Executive Order 11246 – What It Means for Federal Contractors

On January 21, 2025, President Donald Trump, under the auspices of promoting civil rights and merit-based opportunity by ending “illegal” diversity equity and inclusion (DEI) programs, revokes Executive Order (EO) 11246, as… more

Affirmative Action, Department of Labor (DOL), Discrimination, Diversity and Inclusion Standards (D&I), Donald Trump

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Trevor McGuinness

Avoiding Online Scams in the Time of Coronavirus

What do tornadoes, hurricanes, earthquakes, wildfires, and the coronavirus have in common? Scams. Disasters seem to beget scammers well versed in both price gouging and knockoff peddling, as well as phishing schemes and malware… more

China, Coronavirus/COVID-19, Cyber Crimes, Data Breach, Data Protection

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Christopher McLoon

Tax Provisions Under One Big Beautiful Bill Affecting Real Estate Investment

The enacted One Big Beautiful Bill (H.R.1, O3B) amends current tax law provisions and adds other provisions that affect real estate investments. This alert is intended to provide a summary of tax items under O3B of interest to… more

Affordable Housing, Bonus Depreciation, Internal Revenue Code (IRC), Legislative Agendas, New Legislation

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Madison McNulty

Fair Use, Copyright, and Trademark Implications of Generative AI

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely on… more

Artificial Intelligence, Copyright, Copyright Office, Fair Use, Machine Learning

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Scott Mehok

Cybersecurity Disclosure Guidance for Municipal Bonds

Cyberattacks against municipal entities and 501(c)(3) organizations are becoming increasingly sophisticated and severe. The potential impact of these cyberattacks on entities is significant in both the time required to address… more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Municipalities

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Camille Miller

IP Maintenance Payments for Russian Rights

On May 5, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued a new General License (General License No. 31) authorizing certain transactions related to patents, trademarks, and… more

General Licenses, Office of Foreign Assets Control (OFAC), Renewal Fees, Russia, Third-Party

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Farrell Miller

NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property Policies

Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a first-of-its… more

Appellate Courts, Business Closures, Commercial Leases, Coronavirus/COVID-19, Damages

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Jennifer Miller

New York City Local Law 97 Deadline: May 1, 2025

As previously advised, the first compliance report required under New York City’s Local Law 97 (LL97) is due by May 1, 2025. LL97 requires most buildings over 25,000 square feet to limit carbon emissions or face significant… more

Carbon Emissions, Civil Monetary Penalty, Compliance, Condominiums, Greenhouse Gas Emissions

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Kristy Miller

No Harm, No Foul in Apple E-Book Notice Screw Up

In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple’s attorneys a little concerned. Over three million potential members of the class received… more

Antitrust Litigation, Apple, Class Action, e-Books, Notice Requirements

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Michael Miller

The Latest McHugh Battleground: Class Certification

We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the… more

CA Supreme Court, Class Certification, Death Benefits, Declaratory Relief, Insurance Industry

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Michele Miller

PAGA Reform: A Win for Employers in California

California's Private Attorneys General Act, better known as PAGA, has been in effect since 2004. PAGA allows employees to sue their employer on behalf of the state for virtually any claimed California Labor Code violation for… more

California, Employment Litigation, Labor & Workforce Development Agency (LWDA), Labor Code, Labor Law Violations

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Stephen Miller

Notice of Appeal - Summer 2024

A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays, Defendant… more

Appeals, Appellate Courts, Criminal Records, Derivative Tort Claims, Double Jeopardy

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Steven Millman

Non-Competes: The NLRB Has Entered The Chat

On May 30, 2023, National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the Memo), titled "Non-Compete Agreements that Violate the National Labor Relations Act." In the… more

NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements, Restrictive Covenants

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Deborah Minkoff

The Third Circuit Finds Defense Owed for Potentially Covered Advertising Injury

On January 5, 2022, the Third Circuit confirmed that the “potentially covered” standard for the duty to defend is far broader than the “actually covered” standard for the duty to indemnify, also confirming that the duty to… more

Advertising Injury, Bodily Injury, Dilution, Disparagement, Duty to Defend

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Benjamin Mishkin

Covered Platforms Face Strict Deadlines Under the Take It Down Act

A new federal law criminalizes nonconsensual intimate imagery and gives covered websites, mobile applications, and other online platforms merely 48 hours to comply with requests to take down such materials. On May 19, 2025,… more

Consent, Criminal Prosecution, Deep Fake, Enforcement, Exploitation

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Samuel Mogensen

New U.S. Ban on Chinese Cotton Suppliers Adds Stress to Fashion Industry’s Weakened Supply Chain

Trade tensions between the United States and China, coupled with a global pandemic, have had devastating effects on the fashion industry — highlighting the problem of reliance upon China as a major, if not sole, source of goods… more

Agribusiness, China, Customs and Border Protection, Fashion Industry, Federal Bans

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Meridith Moldenhauer

How Zoning Changes Will Impact Data Centers & the Energy Market

The data center permitting and entitlement review process might be getting more difficult in Northern Virginia. Home to nearly 300 data centers, Northern Virginia has become known as “Data Center Alley.” Scattered across… more

Board of Supervisors, County Planning Commissions, Data Centers, Land Developers, Zoning Laws

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Jeffrey Monhait

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This decision… more

Appeals, Consent, Enforcement Actions, FCC, Regulatory Authority

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Steven Moreno

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the… more

Appeals, But For Causation, Car Accident, Damages, Employer Liability Issues

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Christian Moretti

Important Information Regarding U.S. Corporate Transparency Act / 美国企业透明法重要信息

A new regulation under the federal Corporate Transparency Act (CTA) that, for the first time, will require disclosure of information about all U.S. formed corporations, limited liability companies, and limited partnerships… more

Beneficial Owner, CEOs, Corporate Transparency Act, Financial Crimes, FinCEN

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Stuart Morris

New Planning Opportunity for Florida SLATs

A new law was recently passed in Florida that will allow a grantor spouse of a Spousal Limited Access Trust (SLAT) to be added as a beneficiary of the SLAT following the death of the beneficiary spouse. Please see below for a… more

Beneficiaries, Exemptions, Fair Market Value, Florida, Gift Tax

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Anthony Morrone

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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Alycen Moss

Florida Appeals Court Reverses Appraisal Ordered In Storm Suit

On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with appraisal and staying litigation until that appraisal was completed. Florida’s… more

Appeals, Appellate Courts, Appraisal, Florida, Homeowner's Insurance

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Jeffery Mullen

Pay-If-Paid No Longer Enforceable in Virginia

On January 1, 2023, “pay-if-paid” clauses in new contracts became void as against public policy and unenforceable as a result of Virginia Senate Bill 550 (SB 550) going into effect. See Va. Code §§ 2.2-4354 and 11-4.6. Moreover,… more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Pay if Paid

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Mark Mullen

Specific Personal Jurisdiction Established Through Indirect Evidence of Targeting a Market

In a recent decision, California’s Third Appellate Division held that a foreign automobile manufacturer could be haled into a state court in California through the indirect actions of its distributor without offending… more

Appellate Courts, Business Litigation, California, Due Process, Evidence

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Barbara Müller

Keep Calm — and Look at Your Contract(s)

Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not… more

Business Interruption, China, Contract Terms, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Kaitesi Munroe

NY State Legislators Introduce Legislation to Protect SoHo/NoHo Residents

New York State Senator Brian Kavanagh and New York State Assembly member Deborah Glick have each introduced state legislation to amend the New York Multiple Dwelling Law in relation to joint live-work quarters for artists… more

Artists, Certifications, Fines, New York, Zoning Laws

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Micah Myers

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump… more

Appeals, Appellate Courts, Constitutional Challenges, Executive Orders, Injunctions

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Jonathan Nase

PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators

In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC… more

Energy Sector, Enforcement Actions, Infrastructure, Jurisdiction, Landlords

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Bernard Nash

The State AG Report – 4.28.2023

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •FTC Targets Optometrists, Ophthalmologists Suspected of… more

Artificial Intelligence, Automated Decision Systems (ADS), Consumer Privacy Rights, Data Protection, Discrimination

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Kelli Natrin

USCIS Notifies all Potential Petitioners of Beneficiaries Selected in the H-1B CAP Lottery for FY26

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for… more

Filing Deadlines, Filing Requirements, Foreign Nationals, Foreign Workers, H-1B

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Joel Nesset

SCOTUS Goes to Mall of America: Court Recognizes Jurisdiction Over Appeals of Bankruptcy Sale Orders

In August 1992, the largest indoor shopping mall in the continental United States opened to great fanfare in suburban Minneapolis, Minnesota. Dubbed the Mall of America (MOA), this sprawling retail center enjoyed 330 stores,… more

Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Commercial Leases, Landlords

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Matthew Noone

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social… more

Class Action, Data Breach, Dismissals, Duty of Care, Economic Damages

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Michael O'Donnell

District of Maryland Rejects ACV Standard for Property Damages in Fire Case

A recent decision from the U.S. District Court of Maryland should remind litigators and subrogation professionals the goal of awarding damages is to put the plaintiff back into the same position they were before the harm. When… more

Fires, Insurance Claims, Insurance Industry, Insurance Litigation, Maryland

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Thomas O'Rourke

Federal Judge to Rule on “Fundamental Clash” Between PA’s Medical Marijuana Act and Federal Law

Judge Gene E.K. Pratter of the Eastern District of Pennsylvania issued an important memorandum opinion regarding the conflict between federal criminal law and the operation of medical marijuana businesses under Pennsylvania law… more

Decriminalization of Marijuana, Marijuana Related Businesses, Medical Marijuana, Zoning Laws

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Sean O'Donnell

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers. The… more

Allstate, Insurance Industry, Public Policy, Residential Leases, State Farm

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Elizabeth Olivera

Alien Registration Requirement

On April 11, 2025, the Department of Homeland Security’s (DHS) new registration requirement goes into effect. The new registration requires, with limited exceptions, that all aliens 14 years of age or older who were not… more

Department of Homeland Security (DHS), Enforcement, Executive Orders, Filing Requirements, Foreign Nationals

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Michael Osborne

Complying with Canada’s Modern Slavery Reporting Requirements

If you do business in Canada, you may need to file annual reports about your efforts to prevent and reduce the risk that forced or child labour is used at any step of the production of goods that you sell. The deadline to file… more

Annual Reports, Business Entities, Canada, Child Labor, Corporate Counsel

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Any Obando Ospina

Amendments to Trademarks Regulations Prompt Changes at Trademarks Opposition Board

On January 29, 2025, the Canadian Intellectual Property Office (CIPO) announced that the long-awaited amendments to the Trademarks Regulations (SOR/2018-227) and new practice notices implementing cost awards, confidentiality… more

Administrative Procedure, Canadian Intellectual Property Office (CIPO), Case Management, Final Rules, Intellectual Property Litigation

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Rana Ozer

SEC Invites Feedback to Foreign Private Issuer Eligibility Rules

On June 4, 2025, the U.S. Securities and Exchange Commission (SEC) issued a Concept Release, seeking public feedback on whether the nearly half-a-century-old definition of foreign private issuer (FPI) and the reporting… more

Capital Markets, Disclosure Requirements, Financial Regulatory Reform, Foreign Private Issuers, Investment

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Calli Jo Padilla

Thompson May Give Defendants New Tools to Fight False Claims Act Charges

The Supreme Court’s recent opinion in Thompson v. United States may have significant implications for the False Claims Act (FCA). In Thompson, the Court was tasked with interpreting 18 U.S.C. § 1014, which prohibits “knowingly… more

Anti-Kickback Statute, Causation, Controlled Substances Act, Enforcement Actions, False Claims Act (FCA)

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Andrew Paliotta

First Circuit Affirms Insurer’s Denial for Late Notice Under Claims-Made Policy

On August 9, 2023, the U.S. Court of Appeals for the First Circuit affirmed the holding of the District of Massachusetts that failure to provide notice according to a claims-made policy’s terms and conditions forfeits any right… more

Civil Rights Act, Claims Made Policy, College Admissions, Equal Protection, Insurance Claims

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Ashley Park

Rethinking Restrictive Covenants: Delaware Courts’ Movement in Favor of the Restricted

In the first half of 2023, the Delaware Chancery Court issued two decisions regarding non-competition and non-solicitation provisions that should make parties carefully consider whether restrictive covenants are appropriately… more

DE Supreme Court, Federal Trade Commission (FTC), Limited Liability Company (LLC), NLRB, Non-Solicitation Agreements

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Jeffrey Pasek

From the Saint Valentine’s Day Massacre to Modern Workplace Safety: Protecting Your Team

Besides sending flowers or a card to your sweetheart on Valentine’s Day, we like to remind our employer clients that a good way to show some love to your employees is by taking steps to protect them from workplace violence… more

Compliance, Employee Assistance Programs, Employee Benefits, Employee Rights, Employee Training

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Mariah Passarelli

Third Circuit Upholds Philadelphia Wage History Ordinance

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any aspect… more

Appeals, Employer Liability Issues, Employment Litigation, Equal Pay, First Amendment

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Vincent Passarelli

What’s in a Name (Insured)? Pennsylvania Federal Court Holds Homeowners’ Insurance Policy’s Requirement to Submit to Examination Under Oath Applies Only to Named Insured

A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination under oath (“EUO”). In Michelle… more

Homeowner's Insurance, Homeowners, Insurance Claims, Insurance Industry, Insurance Litigation

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Chad Pasternack

Florida Enacts Broad Insurance Reforms Focusing on Bad Faith

From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance litigation fueled by one-way attorney’s fee shifting and an army of professional… more

Bad Faith, Fee-Shifting, Florida, Governor DeSantis, Insurance Industry

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Stephen Pate

Hurricane Laura: What Can Insurers Expect with Claims in Texas and Louisiana?

Last week Hurricane Laura became the strongest hurricane on record to make landfall in the state of Louisiana since 1856. The Category 4 storm claimed at least 10 lives and caused an estimated $4 to $7 billion in property damage… more

Concurrent Causation, Endorsements, Flood Insurance, Hurricane Season, Insurance Claims

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Coleman Gregory Patton

[Event] Health Care & Life Sciences 2025 - December 5th, Philadelphia, PA

Cozen O'Connor will host Health Care & Life Sciences 2025, our annual in-person seminar exploring critical issues impacting health care and life sciences businesses. Join attorneys and professionals from our Health Care & Life… more

Best Practices, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chief Legal Officers, Continuing Legal Education

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Pamela Pengelley

Turbine Rotors Worldwide May Be Victims of Forged Inspection Data

Japan Steel Works (JSW) is one of the largest manufacturers of power generation equipment parts, including rotor shafts for turbines and retaining rings that fasten the coils of generators. The company supplies these components… more

False Reporting, Inspections, Large Generators, Manufacturers, Recovery Plans

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Nicole Herter Perkin

California Enacts New COVID-19 Supplemental Paid Sick Leave Requirements With Retroactive Application

SB 95, recently signed into law by Governor Newsom, provides immediate COVID-19 paid sick leave protections for many California employees. The new law continues and expands the requirements for COVID-19-related sick pay … more

Earned Sick Time, Employee Rights, Employer Liability Issues, Families First Coronavirus Response Act (FFCRA), Labor Reform

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Robert Phelan

Does a Shipper Have a Duty to Procure Insurance when Shipping Artwork?

An important question for subrogation that arises when artwork is shipped and damaged or lost is: “Did the shipper have a duty to procure insurance?” This precise issue of law was recently raised in a decision issued by District… more

Duty to Procure Insurance, FedEx, Insurance Industry, Interstate Commerce, Liability

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Matthew Policastro

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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Adam Poliner

Is this the End of the Small Business Set Aside Programs? DOT Issues New Guidance Letter

On April 24, 2025, the U.S. Department of Transportation (DOT) Secretary, Sean P. Duffy, issued a guidance letter to all grant recipients of DOT funding, notifying them of: 1. The DOT’s new interpretations of… more

Affirmative Action, Department of Transportation (DOT), Enforcement Actions, Executive Orders, Federal Contractors

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Thomas Pontani

USPTO Issues Revised Guidances Concerning 35 U.S.C. §§ 101 and 112

On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued two new guidances setting forth revised procedures for examining patent applications. These procedures apply to all patent applications, regardless of when… more

Patent Applications, Patent-Eligible Subject Matter, Patents, Section 101, USPTO

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Seth Popick

Update on California's Climate Disclosure Laws: What Companies Need to Know

On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to discuss forthcoming regulations implementing California’s corporate climate disclosure laws. The workshop focused on the scope of the… more

California, CARB, Chamber of Commerce, Climate Change, Constitutional Challenges

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Sarah Pozzi

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union, et… more

Bad Faith, Breach of Contract, Damages, Denial of Insurance Coverage, Discovery

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Anupama Prasad

Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit

In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations… more

Bodily Injury, Class Action, Commercial General Liability Policies, Damages, Disposal Wells

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Lawrence Prosen

OMB Issues Additional Guidance on Consolidating Procurement Activities at GSA

On July 18, 2025, the director of the Office of Management and Budget (OMB) issued Memorandum M-25-31. The Memorandum provides additional guidance on the consolidation of federal procurement activities pursuant to the policies… more

Biden Administration, Compliance, Executive Orders, Federal Acquisition Regulations (FAR), Federal Budget

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Gianna Puccinelli

States Must Step Up to Fill Federal Delta-8 Loophole

When Congress passed the Farm Act in 2018, removing hemp and hemp-derived products from the definition of marijuana in the Controlled Substances Act, many argued that Congress inadvertently legalized delta-8—a psychoactive… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Hemp, Public Health

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Neil Quartaro

The Absentee Custodian

When a vessel is arrested in the United States, the U.S. Marshals Service is the federal agency that takes the vessel into the arresting court’s custody. However, the U.S. Marshals Service is a law enforcement agency and is… more

Arrest, Creditors, Custodians, Debtors, Liens

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Joseph Quinn

Facial Hair, Firefighters, and Free Exercise

A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, underscores how even minor exceptions to grooming or masking rules can expose… more

Constitutional Challenges, Corporate Counsel, Employee Rights, Employer Responsibilities, Employment Litigation

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Suzanne Radcliff

Texas Panhandle Wildfires

Six separate wildfires, including the massive Smokehouse Creek wildfire, are burning at this time in the Texas panhandle. Hutchinson, Hemphill, Roberts, Lipscomb, and Moore counties issued evacuation orders on February 27, and… more

Insurance Industry, Natural Disasters, Subrogation, Texas, Wildfires

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Michael Rafalko

Force Majeure from the Trenches: Cancelling Contracts in the Midst of a Global Pandemic

Eight weeks ago, coronavirus was an obscure term of modest significance to nearly everyone detached from the narrow band of doctors and scientists who study such things… more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards, Supply Chain

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Christopher Raleigh

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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R. Christopher Raphaely

Pennsylvania Legislature Revives Bill Scrutinizing Health Care Transactions

Throughout the country, state governments have been introducing bills which grant state authorities the ability to closely scrutinize health care transactions – specifically, with an eye toward those involving private equity. In… more

Acquisitions, Covered Transactions, Healthcare, Healthcare Facilities, Hospitals

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Edgar Rapoport

SEC Releases Guidance Regarding COVID-19 Disclosure Considerations

On June 23, 2020, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance (Division) issued guidance, CF Disclosure Guidance: Topic No. 9A, focused on disclosure considerations regarding operations,… more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Frances Rayer

USCIS Notifies all Potential Petitioners of Beneficiaries Selected in the H-1B CAP Lottery for FY26

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for… more

Filing Deadlines, Filing Requirements, Foreign Nationals, Foreign Workers, H-1B

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Adam Reid

Decades-Old Family Feud Over Steinbeck Estate And Control Of His Works Finally Concludes

A family's decades-long battle over the rights to the work of literary giant John Steinbeck appears to have come to an end. The Ninth U.S. Circuit Court of Appeals sided with Steinbeck's step daughter, affirming a compensatory… more

Estate Planning, Royalties, Wills

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Zachary Renegar

Predictive Analysis, Negotiation, Tech Tools, Aggregation of Claims and Legislative Solutions

Negotiation: Tips, Tools, and Techniques - Not Bank Robbery Settlements - ..Defense Unaware of Applicable Subro Waiver ..Defense Paid RCV on Contents… more

Aggregation Rules, Legislative Rule, Negotiations, Predictive Analytics

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Joseph Rich

Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those discussed… more

Florida, Governor DeSantis, Insurance Claims, Investigations, Property Improvements

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Brigeeta Richdale

BCSC Reaches First-Ever Settlement Agreements for Violation of Section 52(2) of the Securities Act

In September 2021, the British Columbia Securities Commission (the BCSC) issued a Notice of Hearing against an investor relations (IR) firm called Stock Social Inc. (Stock Social), its sole director, and five of its clients and… more

British Columbia Securities Commission, Failure To Disclose, Investors, Securities Act, Settlement Agreements

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Dina Richman

Ninth Circuit Finds that “Subsidence Exclusion” Bars Coverage for Landslide Loss

The Ninth Circuit Court of Appeals recently issued an unpublished opinion in Atain Specialty Insurance Company v. JKT Associates, Inc., Case No. 20-16366 (9th Cir., March 11, 2022), finding that a liability policy’s “Subsidence… more

Duty to Defend, Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance

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Shelby Riney

Just In: New Jersey Supreme Court Adopts Daubert Factors For Assessing The Reliability Of Expert Testimony

On August 1, the Supreme Court of New Jersey issued a seminal ruling elucidating the state’s standard for admission of expert testimony in civil litigation. In a unanimous decision, the Court adopted the Daubert factors for… more

Admissibility, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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Rafael Rivera

Seventh Circuit Affirms Ruling that Notice of an Amended Complaint was Untimely

On October 24, 2022, the U.S. Court of Appeals for the Seventh Circuit, in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022) (applying Illinois law), affirmed a district court’s… more

Amended Complaints, Claims Made Policy, D&O Insurance, Denial of Insurance Coverage, Insurance Claims

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Anthony Riverso

AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules… more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Construction Disputes

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Patrick Rizzi

Expect Turbulence Ahead as State AGs and DOT Join Forces to Investigate Airlines and Travel Agencies

Last week, the U.S. Department of Transportation (DOT) announced an Airline Passenger Protection Partnership with state AGs (Partnership), which is the latest example of how AGs continue to expand their regulatory reach through… more

Airline Passengers, Airlines, Consumer Complaint System, Department of Transportation (DOT), Investigations

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Matthew Robbins

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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Ralf Rodriguez

New Amendments to Florida’s Construction Lien Law

On June 12, 2023, Governor Ron DeSantis signed Florida House Bill 331 into law. This new bill amends Florida’s Construction Lien Law, Chapter 713, Fla. Stats. The new legislative amendments go into effect on October 1,… more

Amended Legislation, Arbitrators, Building Permits, Construction Liens, Florida

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Kevin Roggow

SEC Invites Feedback to Foreign Private Issuer Eligibility Rules

On June 4, 2025, the U.S. Securities and Exchange Commission (SEC) issued a Concept Release, seeking public feedback on whether the nearly half-a-century-old definition of foreign private issuer (FPI) and the reporting… more

Capital Markets, Disclosure Requirements, Financial Regulatory Reform, Foreign Private Issuers, Investment

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Wayne Rohde

Federal Maritime Commission Charges Forward with Interim Procedures for OSRA 22 Complaints

On December 1, 2022, the Federal Maritime Commission (FMC or the Commission) released “Interim Procedures for Processing Charge Complaints” filed with the Commission under the Ocean Shipping Reform Act of 2022 (OSRA 22). In OSRA… more

Federal Maritime Commission, Fees, Ocean Transportation System, Order to Show Cause, Shipping

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Stephanie Roman

Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence

In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly… more

Appeals, Appellate Courts, Bad Faith, Breach of Contract, Denial of Insurance Coverage

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Mark Roth

California Fire Alert

Woolsey Fire - Fire Status 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 (Rocketdyne… more

Natural Disasters, Recovery Plans, Subrogation, Wildfires

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Robert Rubenstein

California Delete Act Enforcement Sweep

Businesses that sell data regarding California residents have been put on notice by the California Privacy Protection Agency’s (the CPPA’s) recent aggressive enforcement of the California Delete Act. On October 30, 2024, the… more

California Privacy Protection Agency (CPPA), Compliance, Data Brokers, Data Privacy, Data Protection

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Kayla Rubin

FDA Encourages Food Manufacturers to Phase Out FD&C Red No. 3 Ahead of 2027 Deadline

On July 14, 2025, the Food and Drug Administration (FDA) issued new guidance encouraging food manufacturers to phase out FD&C Red No. 3 ahead of the previous 2027 deadline and “as soon as is practicably possible.” Recall that… more

Department of Health and Human Services (HHS), Dietary Supplements, FDA Approval, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations

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Samantha Rubin

New Congress, New Investigations

Early Saturday morning, after 15 rounds of voting, Kevin McCarthy (R-Calif. 20th District) finally clinched the speaker’s gavel and swore in members of the 118th Congress. The Republican-led Congress ushers in a new period of… more

Civil Liberties, Coronavirus/COVID-19, Department of Justice (DOJ), Donald Trump, FBI

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Jake Rubinstein

The Only Constant is Change: Colorado Employment Law Updates

For Colorado employers of all sizes, the last five years have proven the truth of the adage that “the only constant is change.” Starting in 2019 with the signing of a ground-breaking pay transparency law, the Equal Pay for Equal… more

Colorado, Equal Pay, Family Medical Leave, Minimum Wage, Non-Compete Agreements

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Nathan Rudy

Expansion of QSBS Benefits Under the One Big Beautiful Bill

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law, which had narrowly passed through the United States Congress. The OBBBA makes permanent certain tax provisions that were due to expire from… more

Business Entities, C-Corporation, Capital Gains, Estate Tax, Federal Taxes

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Marisa Saber

Eight Million Portable Dehumidifiers Recalled in The Last 10 Years

Believe it or not, there are just six more weeks until spring. As the weather warms up and humidity rises, homeowners will start to use their portable dehumidifiers. The use of portable dehumidifiers poses a significant fire… more

Distributors, Manufacturers, Product Defects, Product Recalls

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Matthew Sacchetta

FinCEN Issues Final Regulation Requiring the Reporting of Certain Non-Financed, Residential Real Estate Transfers

On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued a final rule requiring real estate professionals involved in real estate closings and settlements to… more

Beneficial Owner, Easements, Exemptions, Final Rules, FinCEN

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Shannon Saks

Court Differentiates Vandalism from Theft in First Party Insurance Policy

The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung v… more

Allstate, Consumer Protection Act, Denial of Insurance Coverage, IFCA, Insurance Claims

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Eileen Salimbene

Delaware LLC Act Amended to Confirm Fiduciary Duties Exist Absent Express Agreement to the Contrary

Effective August 1, 2013, Section 18-1104 of the Delaware Limited Liability Company Act (the Act) was amended to confirm that, absent a provision in the limited liability company agreement to the contrary, the managers and… more

Delaware Limited Liability Company Act, Fiduciary Duty, Limited Liability Company (LLC), New Legislation

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Zachary Samton

Navigating Improved Rules for HVCRE Loans – What You Need to Know

On May 24, 2018, the Economic Growth, Regulatory Relief and Consumer Protection Act (the Economic Growth Act or the Act, as applicable) was signed into law. Section 214 of the Economic Growth Act contains provisions that modify… more

Basel III, Commercial Real Estate Market, Financial Institutions, HVCRE, HVCRE Loans

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Nandini Sane

Ames v. Ohio Department of Youth Services

In a unanimous opinion, the Supreme Court of the United States announced that Title VII’s protections against discrimination do not require majority group individuals (including white people, men, and heterosexuals) to present… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Appeals, Discrimination, Employer Liability Issues

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Danielle Sapega

FDA Transparency Push: CRLs Released

On July 10, 2025, citing a drive to increase transparency, the Food and Drug Administration (“FDA”) published more than 200 complete response letters (CRLs) previously issued to companies that had submitted new drug applications… more

Abbreviated New Drug Application (ANDA), Biologics, Clinical Trials, Compliance, Disclosure Requirements

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Angelo Savino

Delaware Supreme Court Rejects Fundamentally Identical Relatedness Standard

On March 16, 2022, in a unanimous decision the Delaware Supreme Court affirmed a Superior Court ruling that a securities class action and a later-filed opt out action were related claims, and thus the subsequent action was… more

Class Action, D&O Insurance, DE Supreme Court, Misrepresentation, Securities Fraud

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Rachel Scall

New York City Council Approves Midtown South Mixed-Use Plan

On August 14, 2025, the New York City Council approved the city-led Midtown South Mixed-Use Plan (MSMX), rezoning a 42-block area of Midtown South where mixed-use zoning districts allowing high-density residential development… more

Affordable Housing, City Councils, Infrastructure, Mixed-Use Zoning, Multi-Family Development

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Jenna Schaffer

New HIPAA Privacy Regulations Strengthen Privacy for Reproductive Health Care

The U.S. Department of Health and Human Services recently introduced changes to the privacy rule under the Health Insurance Portability and Accountability Act (HIPAA Privacy Rule), aimed at bolstering the privacy of reproductive… more

Abortion, Attestation Requirements, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Health Insurance Portability and Accountability Act (HIPAA)

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Lucy Schilling

BCSC Guidance on Joint Actors in Proxy Contests and Early Warning Disclosure Requirements

On December 22, 2023, the British Columbia Securities Commission (the BCSC) rendered a decision in NorthWest Copper Corp. (Re) clarifying when parties are considered to be “acting jointly or in concert” and the appropriate… more

Beneficial Owner, British Columbia Securities Commission (BCSC), Canada, Disclosure Requirements, Early Warning Regime

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Michael Schmidt

State AG Pulse | DEI in the Federal and State Spotlight

Season 5 of State AG Pulse kicks off with State AG Group attorneys Chris Allen and Ann-Marie Luciano in conversation with Vice-Chair of Cozen O’Connor’s Labor & Employment Group, Mike Schmidt, on the Trump administration’s… more

Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC), Executive Orders, Regulatory Agenda, Regulatory Oversight

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Jon Schoenwetter

Minnesota Adult-Use Cannabis Bill Emerges from Reconciliation

On April 25, 2023, the Minnesota House passed House File 100 (HF100), a bill authorizing adult-use cannabis, by a vote of 71-59. Three days later, the Minnesota Senate passed Senate File 73 (SF73), a companion bill to HF100, on… more

Agribusiness, Business Licenses, Cannabidiol (CBD) oil, Dispensaries, Governor Walz

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Martin Schrier

Small Business Relief Programs Receive Additional Funding

On April 24, President Trump signed into law the Paycheck Protection Program and Health Care Enhancement Act, which appropriates an additional $310 billion in funding to the Paycheck Protection Program (PPP) and an additional… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Financial Stimulus

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Dan Schulder

Pennsylvania Enacts Significant Changes to Tax Appeal Processes

Pennsylvania altered its tax appeal process at its two administrative boards — the Board of Appeals (BOA) and the Board of Finance and Revenue (BF&R) — to make changes favorable to taxpayers. Act No. 123, S.B. 1051, Oct. 29,… more

Department of Revenue, Pennsylvania, State and Local Government, Tax Appeals, Tax Assessment

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Alexandra Schultz

When Better Late Than Never Isn’t Good Enough: Florida Federal Court Grants Summary Judgment For Insurer In Late-Reported Hurricane Claim

On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case no… more

Commercial Real Estate Market, Denial of Insurance Coverage, Evidence, Hurricane Irma, Insurance Claims

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Karl Schulz

Fifth Circuit Reaffirms Appraisal and Bad Faith Jurisprudence as Policyholders Continue to Probe for Opportunities

The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability under… more

Appeals, Appraisal, Bad Faith, Breach of Contract, Insurance Claims

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Jason Schulze

Hurricane Harvey: Analysis of Subrogation Opportunities for Upstream and Downstream Losses

Just over five years ago, on August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane with wind gusts in excess of 130 mph. The storm produced more than four days of torrential rain: in the aggregate, in excess… more

Hurricane Harvey, Insurance Claims, Insurance Industry, Natural Disasters, Subrogation

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Katie Schwab

New York Note: Q-Team Expansion, New WCB Leadership, NYC ICE Ruling, Rivera Leaving NYCC, Council Legislation

NYPD Expands Quality of Life “Q-Teams” to Queens- Mayor Eric Adams and NYPD Commissioner Jessica Tisch announced the expansion of the NYPD’s Quality of Life Division “Q-Teams” across all of Queens. The initiative aims to… more

Affordable Housing, City Councils, Employee Benefits, Government Agencies, Immigration and Customs Enforcement (ICE)

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Heidi Schwartz

Pennsylvania Enacts Significant Changes to Tax Appeal Processes

Pennsylvania altered its tax appeal process at its two administrative boards — the Board of Appeals (BOA) and the Board of Finance and Revenue (BF&R) — to make changes favorable to taxpayers. Act No. 123, S.B. 1051, Oct. 29,… more

Department of Revenue, Pennsylvania, State and Local Government, Tax Appeals, Tax Assessment

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Rachel Schwartz

Continuing Trends & New Developments: CFIUS Releases 2024 Report to Congress

The Committee on Foreign Investment in the United States (CFIUS) recently published its 2024 Calendar Year Annual Report, which illustrates recent and historical trends relating to CFIUS’s review of investments in U.S. business… more

Acquisitions, CFIUS, Cybersecurity, Export Controls, Filing Requirements

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Ilya Schwartzburg

Small v. Allianz Life Ins. Co. of N. Am. – A “Small” Case But Huge Decision

Life insurers operating in California can breathe a little easier this morning. Since 2021, life insurers have been facing a wave of class action lawsuits and potentially crushing liability based on alleged violations of… more

Annuities, California, Causation, Class Action, Failure To Warn

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Howard Schweitzer

Cozen Currents: The Battle for the Soul of the Democratic Party

“Both President Donald Trump and the Democratic Party have plumbed their disapproval ratings recently. While the GOP’s midterm electoral fortunes are likely tied to the success of the president’s governing agenda, Democrats are… more

Cryptocurrency, Digital Assets, Donald Trump, Legislative Agendas, Political Campaigns

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Alexa Sebia

How to Protect Corporate Attorney-Client Privilege – Defense Fails in Sex Discrimination Case

Last month, a Pennsylvania federal judge rejected a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee… more

Attorney-Client Privilege, Employer Liability Issues, Rules of Professional Conduct, Sex Discrimination

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Stephen Seeger

Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024

On January 1, 2024, the hourly minimum wage for certain federal contractor employees will increase to $17.20, according to a Notice issued by the Wage and Hour Division of the United States Department of Labor (DOL) and… more

Davis-Bacon Act, Department of Labor (DOL), Executive Orders, Federal Contractors, Federal Property and Administrative Services Act (FPASA)

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Judd Serotta

New Jersey Repeals Estate Tax

As a result of new legislation, New Jersey has eliminated its estate tax as of January 1, 2018. Under the estate tax, New Jersey levies a tax on all assets of a decedent’s estate in excess of $675,000 (except assets passing to… more

Death Tax, Estate Planning, Estate Tax, Inheritance Tax

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Benjamin Shechtman

Third Circuit Rules PTO Not Salary in Win For Employers

In a win for employers, on March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) does not constitute salary for purposes of the Fair Labor Standards Act (FLSA)… more

Classification, Exempt-Employees, Fair Labor Standards Act (FLSA), Fringe Benefits, Over-Time

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Abby Sher

PA Supreme Court Addresses Level of Proof Required Under Statutory Bad Faith Claim

In an opinion dated September 28, 2017, the Pennsylvania Supreme Court, Western District, considered as an issue of first impression the level of proof required to prevail in a bad faith claim, examining the elements of a bad… more

Bad Faith, Burden of Proof, Cancer, Employer Group Health Plans, Insurance Industry

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David Shimkin

Ninth Circuit Brings Clarity To Made In The USA Labeling

Thanks to the California legislature and the Ninth Circuit’s recent unpublished opinion in Fitzpatrick v. Tyson Foods, food manufacturers and distributors in California can label their products “Made in the USA,” even if the… more

Labeling, Made in the USA, Manufacturers, Product Labels, Retailers

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John Shire

[Event] Health Care & Life Sciences 2025 - December 5th, Philadelphia, PA

Cozen O'Connor will host Health Care & Life Sciences 2025, our annual in-person seminar exploring critical issues impacting health care and life sciences businesses. Join attorneys and professionals from our Health Care & Life… more

Best Practices, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chief Legal Officers, Continuing Legal Education

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Emily Shoor

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay rent… more

Business Interruption, Business Litigation, Commercial Leases, Commercial Tenants, Contract Terms

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Stuart Shorenstein

NYS Legislative Session Concludes

The 2024 New York State legislative session has concluded. The end of the session was largely overshadowed by Governor Hochul’s directive to the Metropolitan Transit Authority (MTA) to halt the implementation of congestion… more

Affordable Housing, Climate Change, Consumer Privacy Rights, Legislative Agendas, New Legislation

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Melissa Siebert

Illinois BIPA Reform 2024 – Back Where We Started or Moving Forward?

Last week, the Illinois Senate advanced the first significant BIPA amendment (SB 2979), passing it in the Senate by a vote of 46-13. The bill has broad Democratic support, and groups that have traditionally opposed BIPA have… more

Amazon, Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection

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Matthew Siegel

Biden Administration’s Voluntary AI Safety Agreement

The Biden administration announced that it brokered a voluntary agreement with several of the biggest technology and artificial intelligence (AI) companies. The agreement, available here, has the companies taking a number of… more

Artificial Intelligence, Bias, Biden Administration, Cyber Threats, Cybersecurity

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Richard Silpe

Expansion of QSBS Benefits Under the One Big Beautiful Bill

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law, which had narrowly passed through the United States Congress. The OBBBA makes permanent certain tax provisions that were due to expire from… more

Business Entities, C-Corporation, Capital Gains, Estate Tax, Federal Taxes

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Adam Silverman

Lease Forbearance Agreements in the Age of COVID-19

As retail businesses around the country begin the process of slowly restarting after the COVID-19 shut down, many tenants still find it difficult, if not impossible, to meet their rent and other financial obligations. Some… more

CARES Act, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Forbearance Agreements

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Emily Simpson

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate… more

Browning-Ferris Industries of California Inc., Collective Bargaining, Healthcare, Hiring & Firing, Hospitals

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Joseph Simpson

Compensation Clawbacks and Preservation of Messaging App Communications Top DOJ Changes to its Evaluation of Corporate Compliance Programs

As part of a sweeping revamp of its white-collar criminal enforcement policies that began last year, the Department of Justice (DOJ) announced two significant changes last week. The first is a new three-year pilot program that… more

Clawbacks, Corporate Misconduct, Department of Justice (DOJ), Executive Compensation, Incentives

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Joseph Sirbak

Supreme Court Defines "Contributing Factor" Standard in Whistleblower Cases

On February 8, 2024, the Supreme Court issued its long-awaiting decision in Murray v. UBS Securities. Murray interpreted the “contributing factor” element that a plaintiff must prove to make out a claim of whistleblower… more

Adverse Employment Action, Anti-Retaliation Provisions, Murray v UBS Securities LLC, Protected Activity, Retaliation

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Jake Skaggs

Louisiana Adopts Two-Year Statute of Limitations for Tort Claims

One of the more unique aspects of Louisiana law was its 1-year statute of limitations (liberative prescription) for tort claims. The one-year time period to file a lawsuit was stress-inducing for plaintiffs, particularly in… more

Bodily Injury, Damages, Discovery Rule, Louisiana, Personal Property

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Charles (Chuck) Slemp

State AG Pulse | An Early Peek At the 2026 State AG Elections

2026 is set to be a bumper year for state AG elections with 30+ states across the nation set to elect or re-elect their chief legal officer. And with AGs weighing in on everything from tariffs to taxes to immigration, businesses… more

Attorney General, General Elections, Government Agencies, Immigration Procedures, Political Campaigns

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Katlyn Slough

Deadline for Federal Contractors to Object to New OFCCP FOIA Requests: December 10, 2024

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register on October 29, 2024, notifying federal contractors of its receipt of two new requests under the… more

Affirmative Action, Confidential Business Information (CBI), Department of Labor (DOL), EEO-1, Federal Contractors

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Madison Smith

Stablecoins: Navigating the Money Transmitter Minefield & Forthcoming Federal Regulatory Frameworks

As digital assets gain traction across financial markets, stablecoins—cryptocurrencies pegged to fiat currencies like the U.S. dollar—are emerging as a practical medium for capital contributions, settlements, and liquidity… more

Cryptocurrency, Financial Markets, FinCEN, FinTech, Investment Funds

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Kathryn Sobotta

U.S. Airlines, Aviation Contractors to Receive Additional $15 Billion Under American Rescue Plan Act

On March 11, 2021, the American Rescue Plan Act of 2021 (the Rescue Plan Act) was signed into law, providing much-needed relief to keep employees on airline payrolls. The Act provides “eligible air carriers” with $14 billion … more

Air Carriers, Airlines, American Rescue Plan Act of 2021, Aviation Industry, Biden Administration

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Rachel Bevans Soloman

New York Sets Maximum Construction Contract Retainage at 5% for Private Projects

On November 17, 2023, Governor Kathy Hochul signed Senate Bill 3539, amending Section 756-a and Section 756-c of the New York General Business Law (more commonly referred to as the Prompt Payment Act) to set the maximum… more

Amended Legislation, Construction Contracts, Construction Industry, Construction Project, Contractors

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Jun Ho Song

Nasdaq Increases Initial Listing Liquidity Requirements: What It Means for Companies Going Public

On March 12, 2025, the SEC approved a significant rule change to Nasdaq’s initial listing liquidity requirements (the New Liquidity Rules). These changes make it more challenging for companies seeking to list on the Nasdaq… more

Capital Markets, Compliance, Initial Public Offering (IPO), Listing Rules, Nasdaq

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Nicole Sprinzen

DOJ & HHS Announce FCA Working Group to Implement Enforcement Priorities

On Wednesday, July 2, 2025, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) announced the creation of a DOJ-HHS False Claims Act Working Group. The Working Group is a procedural… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions

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Meenakshi Srinivasan

Charter Amendments May Change NYC Council's Role in Land Use and Housing

On July 21, 2025, the New York City Charter Revision Commission (CRC) voted to include five proposed amendments to the City Charter on this year’s New York City general election ballot, including measures that would expedite… more

Affordable Housing, Ballot Measures, City Councils, General Elections, Government Agencies

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Susan Stauss

Arkansas Court of Appeals: Longshore Harbor Workers’ Compensation Act Payments Not Assignable

In a recent unanimous decision, a three-judge panel of the Arkansas Court of Appeals held that Section 916 of the Longshore and Harbor Workers’ Compensation Act (LHWCA) bars the transfer of LHWCA structured settlement annuity… more

Anti-Assignment Clauses, Appellate Courts, Federal Contractors, Longshoremen, Lump Sum Payments

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Josh Stein

Developments in Offshore Wind: Part Two

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the interplay… more

CERCLA, Energy Policy, Infrastructure, Investment Tax Credits, Jones Act

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Walter Stella

COVID-19 FAQs For California Employers

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with the… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Retaliation Provisions, California, California Family Rights Act (CFRA)

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Andrew Stewart

Nasdaq Increases Initial Listing Liquidity Requirements: What It Means for Companies Going Public

On March 12, 2025, the SEC approved a significant rule change to Nasdaq’s initial listing liquidity requirements (the New Liquidity Rules). These changes make it more challenging for companies seeking to list on the Nasdaq… more

Capital Markets, Compliance, Initial Public Offering (IPO), Listing Rules, Nasdaq

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Lindsey Stillwell

Cannabis Legalization Sweeps the United States

While the votes are still being counted for the presidential election, the results are in for cannabis ballot initiatives. Voters around the country voted in favor of legalizing recreational and medicinal cannabis in each state… more

Agribusiness, Cannabis Products, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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Meghan Stoppel

[Event] Health Care & Life Sciences 2025 - December 5th, Philadelphia, PA

Cozen O'Connor will host Health Care & Life Sciences 2025, our annual in-person seminar exploring critical issues impacting health care and life sciences businesses. Join attorneys and professionals from our Health Care & Life… more

Best Practices, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chief Legal Officers, Continuing Legal Education

See all updates »

Nicole Su

Trump Administration DEI Executive Orders Enjoined (For Now)

On Friday, February 21, 2025, a federal judge in Baltimore issued a nationwide preliminary injunction (Order) enjoining certain parts of President Trump’s January 20, 2025 Executive Order 14151, Ending Radical and Wasteful… more

Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions, Executive Orders

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James Sullivan

Wildfire Smoke Exposure: What are an Employer’s Obligations?

When it became apparent yesterday that the wildfire smoke cascading throughout parts of the Northeastern United States was having a serious health effect on anyone outside and exposed to the harmful particulates contained in… more

Air Quality Standards, Cal-OSHA, Environmental Protection Agency (EPA), NIOSH, Occupational Exposure

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John Sullivan

New York Court of Appeals Rejects Litigation Science under Frye Standard

Put quotes around the phrase “litigation science” and Google it. Go ahead, we’ll wait. . . . . What did you find? Not good, right. You found a lot. Too much. The first Google page alone shows how controversial this subject… more

Birth Defects, Daubert Standards, Evidence, Expert Testimony, Kelly-Frye Test

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Erin Szulewski

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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Di Addy Tang

States of Flux — What Employers Need to Know About Election 2020 and New State Laws

With so much focus on the presidential election, there has been little mention of the meaningful changes to state laws approved by voters across the country. As noted below, many of these changes will have a significant impact… more

Biden Administration, Decriminalization of Marijuana, Gig Economy, Independent Contractors, Labor Reform

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Brett Nicole Taylor

Are Your Old Cannabis and CBD Contracts Enforceable? Maybe Not.

Individuals and businesses involved in the cannabis or CBD industry are likely in the habit of making sure they are apprised of new laws and regulations in the jurisdictions impacting their businesses… more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Contract Terms, Marijuana

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Joan Taylor

SCOTUS Poised to Expand District Court Review of FCC Orders

Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone Consumer… more

Administrative Procedure Act, Appeals, Chevron Deference, Constitutional Challenges, FCC

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Keturah Taylor

State Attorneys General Signal Broadening Efforts to Protect Youth on Digital Platforms

The National Association of Attorneys General (NAAG) and its current President, Oregon AG Ellen Rosenblum, hosted the Presidential Initiative Summit earlier this month entitled America’s Youth: AGs Looking Out for the Next… more

Digital Platforms, Marketing, Minors, National Association of Attorneys General (NAAG), Online Platforms

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Diane Thompson

An Election Agenda for Management if Biden Becomes President

Although the election will be the buzz in every workplace for at least the rest of this week, the prospect of a Biden administration has prompted companies and executives to begin planning for significant changes affecting a… more

Biden Administration, Corporate Management, Diversity and Inclusion Standards (D&I), Estate Planning, Federal Labor Laws

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Orla Thompson

FDA Encourages Food Manufacturers to Phase Out FD&C Red No. 3 Ahead of 2027 Deadline

On July 14, 2025, the Food and Drug Administration (FDA) issued new guidance encouraging food manufacturers to phase out FD&C Red No. 3 ahead of the previous 2027 deadline and “as soon as is practicably possible.” Recall that… more

Department of Health and Human Services (HHS), Dietary Supplements, FDA Approval, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations

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David Tiger

District of Columbia Legislation of Interest to Owners of Real Property in the District

ELIMINATION OF TERMINATION EXEMPTION FOR DISTRICT OF COLUMBIA UNINCORPORATED BUSINESS FRANCHISE TAX - Under District of Columbia Code, resident or nonresident limited liability companies and general and limited partnerships… more

Franchise Taxes, General Partnerships, Legislative Agendas, LIHTC, Limited Liability Company (LLC)

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Joseph Tilson

Illinois Ban on Salary History Inquiries Dies on Governor’s Desk

Illinois Governor Bruce Rauner has vetoed amendments to the Illinois Equal Pay Act that would have removed wage and salary history from the equation for employers when considering job applicants. Employers are cheering the move,… more

Corporate Counsel, Equal Pay, Equal Pay Act, Pay Equity Laws, Salary/Wage History

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Jonathan Toren

Global Insurance Perspectives on Climate Change

Evolving climate change data presents an ominous trend that has the potential to upend historical assumptions of actuarial science. For example, in the last several years global risk markets have weathered historically… more

Business Judgment Rule, Climate Change, Commercial General Liability Policies, D&O Insurance, Greenwashing

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Nathan Toth

NYC Council’s Preliminary Budget Response

Earlier this week, the New York City Council released its response to the Mayor’s Fiscal Year 2025 Preliminary Budget. The response identifies $6.15 billion in newly available funds, citing higher-than-expected tax revenue from… more

Budgets, City Councils, Mayors, New York, State and Local Government

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Julie Trester

Chicago City Counsel Delays Private Right of Action in Fair Workweek Ordinance

With the July 1 deadline looming and most businesses still closed or operating at a reduced capacity, the Chicago City Council has amended the Fair Workweek (FWW) Ordinance to delay the filing of private employee lawsuits until… more

Deadlines, Employee Rights, Employer Liability Issues, Fair Workweek, Local Ordinance

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Bobbi Britton Tucker

The Importance of “Thanks-Giving” in the Workplace

Approaching the Thanksgiving holiday, many people take time to give thanks for what they have. This is a good time to remind employers of the positive impact “giving thanks” has on their employees, work environments and their… more

Corporate Culture, Employee Engagement, Employment Policies

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Joshua Tumen

Court Interprets “Completion” of a Project Under Builder’s Risk Insurance

In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for… more

Commercial Insurance Policies, Construction Industry, Construction Project, Contract Interpretation, Delay Claims

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Lauren Turenchalk

NY State Legislators Introduce Legislation to Protect SoHo/NoHo Residents

New York State Senator Brian Kavanagh and New York State Assembly member Deborah Glick have each introduced state legislation to amend the New York Multiple Dwelling Law in relation to joint live-work quarters for artists… more

Artists, Certifications, Fines, New York, Zoning Laws

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Cheryl Upham

Pennsylvania Amends Tax Treatment of Grantor Trusts As of January 1, 2025

Starting January 1, 2025, the individual who is the grantor of a trust that qualifies as a grantor trust under Sections 671 through 679 of the Internal Revenue Code will himself or herself be subject to Pennsylvania Personal… more

Beneficiaries, Grantor Trusts, Income Taxes, Internal Revenue Code (IRC), Irrevocable Trusts

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Mark Vacha

Top (Bottom?) Ten of Tax Headaches (Challenges) for Municipal Bond Issuers

Sometimes the first step to solving (or mitigating or avoiding) problems is to identify what the problem may be to, among other things, put time on one’s side. For issuers of tax-exempt municipal bonds, there tend to be… more

Aggregation Rules, Arbitrage, Bond Financing, Debt, Internal Revenue Code (IRC)

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James Van Orden

EPA Signals Enforcement Direction Shifts

The EPA has made public an April 30 memo from the acting assistant administrator for the Office of Enforcement and Compliance Assurance (OECA) to the national and regional enforcement managers that signals clear and specific… more

Enforcement Guidance, Environmental Liability, Environmental Policies, Environmental Protection Agency (EPA), Next Generation

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Bethany Vasquez

A Revised Post-Coronavirus Return to Work Checklist

In light of recent guidance issued by the Center for Disease Control and the Equal Employment Opportunity Commission (EEOC), we have updated our Return to Work Checklist. This checklist is designed to help employers navigate… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Infectious Diseases, Masks

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Wendy Venoit

IRS Proposes Helpful Rules for Energy Tax Credits

On November 22, 2023, the Internal Revenue Service published proposed regulations concerning Sections 48, 6417, and 6418. These proposed rules would affect the conditions for claiming energy credits, the amount of energy credits… more

Apprenticeships, Carbon Capture and Sequestration, Department of Energy (DOE), Energy Projects, Investment Tax Credits

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Mistee Verhulp

Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party Property Damage Claims

In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims… more

Appeals, Bad Faith, Betterment, Damages, Insurance Claims

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Bret Vetter

New Illinois Law Limits Employer Speech in the Workplace

On July 31, 2024, Illinois Governor JB Pritzker signed into law Illinois Senate Bill 3649, or the Worker Freedom of Speech Act (WFSA), prohibiting employers from holding mandatory meetings to discuss company views on religious… more

Adverse Employment Action, Corporate Counsel, General Meetings, Governor Pritzker, Illinois

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Bryan Vezey

Fifth Circuit: Covenant Not to Execute is a Settlement — Relieves Primary Insurer of Duty to Defend

On November 11, 2019, the U.S. Court of Appeals for the Fifth Circuit ruled in Aggreko, L.L.C. v. Chartis Specialty Ins. Co., No. 18-40325, 2019 WL 5866880 (5th Cir. Nov. 11, 2019) that, under both Texas and Louisiana law, a… more

Duty to Defend, Insurance Industry, Insurance Litigation, Policy Limits, Wrongful Death

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Charles Vinicombe

Secondary Market Investor Files Interest Rate Class Action

After years of pursuing life insurers with Cost of Insurance (COI) class actions, we are now seeing a new life insurance secondary market investor strategy — suing life insurers on a class action basis for not paying enough… more

Breach of Contract, Class Action, COI Rates, Covenant of Good Faith and Fair Dealing, Insurance Litigation

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George Voegele

It’s a New Year – With Many New State Minimum Wage Laws

The new year brings a host of new state wage and hour laws. Employers should take note that as of January 1, 2022, almost half of U.S. states increased their minimum wage rate. As a result, 30 states and the District of Columbia… more

Corporate Counsel, Employer Liability Issues, Minimum Salary, Minimum Wage, Over-Time

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Jeff Vogel

Harmony at Last? – Coast Guard Takes Steps to Embrace State Titling Laws

On September 22, 2021, the U.S. Coast Guard published a Notice of Proposed Rulemaking (NPRM), which would implement various changes relating to the certification of states’ titling systems for undocumented vessels. The NPRM aims… more

Coast Guard, Maritime Liens, Maritime Transport, Mortgages, NPRM

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Lawrence Walker

Property Owners Owe Duty of Reasonable Care to Neighbors in Maryland if Circumstances Create Hazard

In June of last year we reported an affirmance from the Maryland Court of Special Appeals holding that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that property… more

Duty of Care, Expert Testimony, Insurance Litigation, Property Owners, Standard of Care

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Thomas Wallrich

The First Sale Doctrine: A Strategic Tool to Reduce Import Values & Lower Tariffs with U.S. Customs

The first sale doctrine is an important principle in U.S. customs law that allows importers to use the price of the first sale in a series of transactions as the basis for calculating customs duties. This doctrine can be… more

Arms Length Transactions, Compliance, Customs and Border Protection, Documentation, First Sale Doctrine

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William Walsh

Washington Court Deems Posting of IME Videos on Social Media Free Speech

In Ten Injured Workers v. State of Washington, et al. (Ten Workers), the Washington Court of Appeals recently overturned a provision of RCW 51.36.070, which prohibited injured workers from posting video recordings of their… more

Declaratory Judgments, First Amendment, Medical Examinations, Social Media, Video Recordings

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Hayden Wang

CSA Expands LIFE Exemption: Blanket Relief Order Increases Capital Raising Limits for Listed Issuers

On May 14, 2025, the Canadian Securities Administrators (the CSA) issued Coordinated Blanket Order 45-935 (the Blanket Order), introducing targeted relief from certain limitations of the Listed Issuer Financing Exemption (the… more

Canadian Securities Administration, Capital Raising, Corporate Governance, Disclosure Requirements, Exemptions

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Brett Watson

State AGs Are Stepping Up — Is Your Bank Ready for Multistate Scrutiny?

The CFPB has scaled back some enforcement priorities, and the states have noticed. Certain states – including California, New York, Texas, and Connecticut – are particularly active, pursuing UDAP violations, privacy issues, and… more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Disclosure Requirements

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Joshua Weinberger

Changes to Itemized Deductions in the OBBBA

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law, which had narrowly passed through the United States Congress. The OBBBA makes permanent certain tax provisions that were due to expire from… more

Charitable Deductions, Charitable Donations, Federal Taxes, Individual Retirement Account (IRA), Itemized Deductions

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Matthew Weinstein

Climate Change – Real Estate Impact

Perception becomes reality. Whether alarmist or denier, believer or skeptic, those responsible for making decisions in response to the perceived threat of climate change have taken the side of caution over indecision and… more

Capital Improvements, Climate Change, Construction Industry, Construction Project, Earthquakes

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Michael Weiss

The Time Limited Demand and Duty to Settle: Common Themes and Advising Your Insurer Client How to Avoid Bad Faith

There must be something in the water or the plaintiff’s bar just had a conference where the keynote speaker addressed strategies for putting pressure on insurers by issuing time-limited demands (“TLD”) because we have been asked… more

Bad Faith, Covenant of Good Faith and Fair Dealing, Defense Strategies, Denial of Insurance Coverage, Duty to Defend

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Zachary Weiss

SEC Chair Nomination Hearing – A Legal Update

On March 27, 2025, the Senate Banking Committee (Committee) held Paul Atkins’ confirmation hearing for Chairman of the U.S. Securities and Exchange Commission (SEC or Commission). Below are some highlights, observations, and… more

Capital Markets, Corporate Governance, Cryptocurrency, Environmental Social & Governance (ESG), Initial Public Offering (IPO)

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Edward Weisz

USPTO Issues Revised Guidances Concerning 35 U.S.C. §§ 101 and 112

On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued two new guidances setting forth revised procedures for examining patent applications. These procedures apply to all patent applications, regardless of when… more

Patent Applications, Patent-Eligible Subject Matter, Patents, Section 101, USPTO

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Ingrid Welch

FinCEN Exempts US Entities and Persons from CTA

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) adopted an interim final rule (Rule) exempting U.S. companies previously subject to the reporting requirements under the Corporate Transparency Act (CTA) from… more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, Exemptions, Filing Requirements

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Rachel Welford

CBP Proposes Changes to APIS System to Strengthen Aviation Security

On February 2, 2023, the U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking (NPRM) designed to strengthen international air travel security by enhancing information that commercial aircraft operators… more

Airline Passengers, Airlines, Aviation Industry, Customs and Border Protection, NPRM

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Anna Wermuth

How the EEOC/DOJ Is Defining and Investigating DEI Initiatives and What Employers Should Do

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued informal guidance called, “What To Do if You Experience Discrimination Related to DEI at Work.” While the… more

Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Training, Employment Discrimination

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Brianna Westbrooks

Pennsylvania Perspective for Monday, August 18, 2025

Garrity Launches GOP Bid for Governor in 2026- State Treasurer Stacy Garrity has announced her candidacy for the Republican nomination for governor, becoming the first GOP contender in the race and positioning herself as a… more

Employee Benefits, Federal Funding, Federal Grants, Immigration and Customs Enforcement (ICE), Minimum Wage

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Thomas Wilkinson

Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law

The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of… more

Amicus Briefs, Anti-Discrimination Policies, Anti-Harassment Policies, Appellate Courts, Constitutional Challenges

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Benjamin Wilkoff

Class Certification Denied in Portion of COI Case Based on Argument that the Policies are STOLI

The United States District Court for the Southern District of New York recently issued a decision denying class certification to sub-classes in a cost of insurance (“COI”) class action based upon the insurer’s defense that… more

Class Action, Class Certification, COI Rates, Consumer Insurance Products, Insurance Litigation

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John Williams

Sixth Circuit Limits Scope of Disgorgement Provision in E&O Policy

In a cutting-edge decision, the federal 6th Circuit Court of Appeals has ruled that an exclusion barring coverage for an insured’s liability for “disgorgement” of “remuneration” or “advantage” is limited to “acquiring” funds as… more

Board of Directors, D&O Insurance, Disgorgement, Professional Liability, Remuneration

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Deborah Winokur

Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law

The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional Conduct prohibiting knowing harassment and discrimination in the practice of… more

Amicus Briefs, Anti-Discrimination Policies, Anti-Harassment Policies, Appellate Courts, Constitutional Challenges

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Jacqueline Winton

Trending Enforcement Targeting Private Equity Healthcare Portfolios Provides Important Compliance Reminder

Over the last decade, private equity firms have acquired healthcare companies, hospitals, and clinics at an increasing rate. In fact, in those ten years, private equity firms have spent roughly $1 trillion on an estimated 8,000… more

Department of Justice (DOJ), False Claims Act (FCA), Healthcare, Investment, Investors

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Tamar Wise

Caveat Empty Box

In a strong defense victory from earlier this year, the U.S. District Court for the Eastern District of California denied a proposed class of laptop purchasers the opportunity to proceed against Toshiba as a class, instead… more

Arbitration, Arbitration Agreements, Class Action, Manufacturers, Toshiba

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Thomas Witt

Council President Clarke Introduces District Overlay Requiring Affordable Housing in New Construction

On October 20, Philadelphia City Council President Darrell Clarke introduced legislation that would institute mandatory inclusionary zoning in a portion of his district. The legislation would expand both requirements imposed… more

Affordable Housing, City Planning Departments, Construction Project, State and Local Government, Urban Planning & Development

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Ronald Yeung

Complying with Canada’s Modern Slavery Reporting Requirements

If you do business in Canada, you may need to file annual reports about your efforts to prevent and reduce the risk that forced or child labour is used at any step of the production of goods that you sell. The deadline to file… more

Annual Reports, Business Entities, Canada, Child Labor, Corporate Counsel

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Emily Yu

State AG Pulse | A FAIR Go For NY Consumers

In Episode 6 of Season 5 Chris Allen and Emily Yu examine New York’s proposed FAIR Business Practices Act legislation and what it tells us about how AGs’ consumer protection authority is evolving to address the challenges on the… more

Consumer Protection Laws, Legislative Agendas, New Legislation, New York, Proposed Legislation

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Catherine Yun

Notice of Appeal - Summer 2024

A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays, Defendant… more

Appeals, Appellate Courts, Criminal Records, Derivative Tort Claims, Double Jeopardy

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David Zambito

PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators

In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC… more

Energy Sector, Enforcement Actions, Infrastructure, Jurisdiction, Landlords

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Aleisha Zanic

Assessing Child Support for High-Income Parents in British Columbia

In British Columbia, child support is determined primarily by using the Federal Child Support Guidelines. These Guidelines set out a structured way to calculate support. But, what happens when one or both parents have high… more

Canada, Child Support, Custody, Divorce, Family Law Courts

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Kristi Adair Zentner

The First Sale Doctrine: A Strategic Tool to Reduce Import Values & Lower Tariffs with U.S. Customs

The first sale doctrine is an important principle in U.S. customs law that allows importers to use the price of the first sale in a series of transactions as the basis for calculating customs duties. This doctrine can be… more

Arms Length Transactions, Compliance, Customs and Border Protection, Documentation, First Sale Doctrine

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Kelly Zerillo

The Big Beautiful Bill: What Every High Net Worth Family Needs to Know

The One Big Beautiful Bill Act (OBBBA), signed by President Donald Trump on July 4, 2025, brings sweeping changes to the tax code. While the name may sound like a marketing pitch, the law itself includes significant updates for… more

Bonus Depreciation, Business Taxes, Estate Planning, Estate Tax, Federal Taxes

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Arielle Zhivko

Amendments to Trademarks Regulations Prompt Changes at Trademarks Opposition Board

On January 29, 2025, the Canadian Intellectual Property Office (CIPO) announced that the long-awaited amendments to the Trademarks Regulations (SOR/2018-227) and new practice notices implementing cost awards, confidentiality… more

Administrative Procedure, Canadian Intellectual Property Office (CIPO), Case Management, Final Rules, Intellectual Property Litigation

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Joseph Ziemianski

Hurricane Laura: What Can Insurers Expect with Claims in Texas and Louisiana?

Last week Hurricane Laura became the strongest hurricane on record to make landfall in the state of Louisiana since 1856. The Category 4 storm claimed at least 10 lives and caused an estimated $4 to $7 billion in property damage… more

Concurrent Causation, Endorsements, Flood Insurance, Hurricane Season, Insurance Claims

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Corinne Zucker

Fair Use, Copyright, and Trademark Implications of Generative AI

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely on… more

Artificial Intelligence, Copyright, Copyright Office, Fair Use, Machine Learning

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Laura Zulick

The Latest McHugh Battleground: Class Certification

We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the… more

CA Supreme Court, Class Certification, Death Benefits, Declaratory Relief, Insurance Industry

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