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  • Article

    Virginia Supreme Court Affirms No Coverage For Global Warming Claims Alleging Intentional Emission Of Carbon Dioxide

    On Friday, April 20, 2012, ruling on the insured’s motion for rehearing, the Virginia Supreme Court unanimously upheld its prior decision, holding that the insurer was not required to defend AES Corporation because the alleged emission of carbon dioxide was not an occurrence within the meaning of a general liability policy.
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Givenchy Files Lawsuit Against BCBG Over "Knock-Off" Handbags

    Givenchy’s Nightingale handbag is a favorite among celebrities and handbag lovers everywhere. According to French couture house Givenchy S.A., BCBG Max Azria Group, Inc. thought so too and, wanting to make a profit off the Nightingale handbag, began manufacturing alleged knockoffs of the popular bag.
    United StatesIntellectual Property
Cozen O'Connor
Cozen O'Connor
  • Article

    Lady Gaga Goes After And Files Lawsuit Against Infringer

    Pop star Lady Gaga filed a lawsuit in late September, 2011 in New York state court against Excite Worldwide LLC, a marketing company based in Nevada.
    United StatesIntellectual Property
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Court Determines Plaintiff Is Not Entitled To Ten-Fold Multiplier In Calculating Damages For Infringement Of Copyrighted Photograph Of Arnold Palmer

    Straus v. DVC Worldwide, Inc., 484 F.Supp.2d 620 (S.D.Tex., March 23, 2007), involves a dispute over a 1989 photograph of the well-known golfer, Arnold Palmer. Straus, a professional photographer copyrighted the photograph and licensed it for use in the defendants’ 2001 and 2002 advertising campaigns to market the smoking-cessation products, Nicorette and NicoDerm.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Democratic AGs Continue To Snap Back On Full SNAP Benefits Amid Shutdown Fallout

    Massachusetts AG Andrea Joy Campbell and California AG Rob Bonta co-led a group of 23 Democratic AGs and three governors in filing a renewed motion for a temporary restraining order...
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Establishing Predominance In Defective Disclosure Cases

    A recent New York federal court opinion illustrates the difficulty in establishing predominance where the primary injury alleged is overpayment for a defective product based on misrepresentation or concealment of the defect
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    New York Recognizes Claim For Conversion Of Business And Personal Records Stored On Company Computer

    In Thyroff v. Nationwide Mutual Insurance Company, 864 N.E.2d 1272 (N.Y. 2007), the Court of Appeals of New York certified the question to the Second Circuit Court of Appeals whether New York recognizes a cause of action of conversion for intangible electronic records that are stored on a computer.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    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.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Seventh Circuit: "Predominance Is a Question of Efficiency

    The question of Rule 23(b)(3) predominance has become an increasingly thorny one for courts ruling on class certification motions, in no small part due to the Supreme Court’s landmark 2011 opinion in Wal-Mart Stores, Inc. v. Dukes.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    The Five Million Dollar Catch-22: A Reprise Of The Amount-In-Controversy Requirement

    This blog has previously discussed the importance of the amount-in-controversy requirement for jurisdictional purposes.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    ESI In The Criminal Context: A Call For Clarification

    Although the Federal Rules of Civil Procedure set the stage for electronic discovery in civil cases, there is no such express regime in the criminal context.
    United StatesMedia, Telecoms, IT, Entertainment
    Cozen O'Connor
    Cozen O'Connor
  • Article

    UPDATE - Still Trending On Password Demands

    It’s been barely four days since I wrote about the developing trend of state legislatures proposing new laws that would prohibit employers in those states from demanding social media passwords from job applicants.
    United StatesMedia, Telecoms, IT, Entertainment
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Cybersecurity & Privacy Policy To Watch For Rest Of 2021

    Andy Baer was quoted in a Law360 article discussing the impact cyber security and privacy developments that occurred during the first half of 2021 will have on the remainder of the year.
    United StatesPrivacy
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Data Privacy And Unauthorized Non-Hackers: The Rise And Risk Of Accountability And Breach Notifications In Canada

    Recent unauthorized access to British Columbia Institute of Technology's computer network, which contained personal medical information of approximately 12,680 individuals, is yet another reminder of risks of exposure to data breaches.
    United StatesPrivacy
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Facebook "Friends", 4th Amendment Privacy & Probable Cause

    A recent court decision has added support to the idea that there is no privacy on the internet.
    United StatesPrivacy
    Cozen O'Connor
    Cozen O'Connor
  • Article

    HHS Announces Settlement With Idaho Hospice For Data Breach Involving Fewer Than 500 Individuals

    Although this case is unique in that it is the first settlement by HHS of a data breach involving fewer than 500 individuals, the facts that gave rise to the action by HHS are all too familiar.
    United StatesPrivacy
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Human Error: The Greatest Risk And Root Cause Of Data Security

    Think for a moment of the difference between a manual filing system versus a USB Flash Drive.
    United StatesPrivacy
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Pay The Prevailing Wage Or Forfeit The Tax Abatement?

    Leni Cummins discusses the recent bill signed by Governor Kathy Hochul that will require co-op and condo boards to pay prevailing wages to their building staffers in order to receive the coveted...
    United StatesReal Estate and Construction
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Preserving The Scene, Preventing Delays: A Balancing Act For Joint Site Inspections

    Conducting subrogation investigations is a balancing act. The need to move quickly to accommodate mitigation and repairs is balanced against the need for a proper and thorough investigation...
    United StatesReal Estate and Construction
    Cozen O'Connor
    Cozen O'Connor
  • Article

    When To Speak Up And What To Say

    Leni Cummins discusses what condominium and cooperative boards should disclose to its shareholders, and when boards should do so in Habitat.
    United StatesReal Estate and Construction
    Cozen O'Connor
    Cozen O'Connor
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