News & Analysis as of

Due Care

Spilman Thomas & Battle, PLLC

Pennsylvania Supreme Court Revisits the Admissibility of Evidence of Product’s Compliance with Governmental Regulations or...

In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar...more

Marshall Dennehey

Trial Court Should Have Permitted Jury Instructions as to Driver’s Duty to 'Exercise Due Care' and Traveling in Excess of Speed...

Marshall Dennehey on

Goddard v. J.S.J. Unlimited, LLC, 368 So.3d 109, 2023 WL 4982324 ((Fla. Dist. Ct. App. Aug. 4, 2023) - This case involved a defense verdict where the trial court denied the plaintiff’s requested jury instructions as to a...more

Smart & Biggar

Canadian patents: Establishing “due care” after failure to pay a maintenance fee

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It has been four years since amendments to the Patent Act and Patent Rules were made, bringing the Patent Law Treaty (PLT) into force in Canada. The most consequential changes have proven to be the handling of missed...more

EDRM - Electronic Discovery Reference Model

[Webinar] Guardians of Data: Ethics & Governance for Legal Professionals in an AI-Driven World - December 14th, 1:00 pm - 2:00 pm...

This webinar discussion examines the ethical concerns that stem from the use of generative AI by law firms and their clients. The focus of this session is an exploration of the use and great potential for generative AI in...more

Bracewell LLP

Liquidated Damages in the Context of a Termination: Supreme Court Reverts to the Status-Quo

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The English Supreme Court has delivered its long-awaited judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29. Although the case concerns a commodity trading software system, it has broad...more

Jones Day

Australian Energy Regulator Enforces $1.3M Pecuniary Penalty for Breach of Reporting Obligations

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Energy retailers have a fresh impetus to abide by reporting obligations imposed by the Australian Energy Regulator ("AER") after the judgment in Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623. The court...more

Cooley LLP

Blog: Fiduciary Duties And Financial Distress In The Time Of COVID-19

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The COVID-19 pandemic has caused unprecedented economic disruption, creating sudden financial distress across industries. Companies are now facing impacts ranging from a dramatic decline in revenue of uncertain duration, to...more

Bennett Jones LLP

Changes to Canadian Patent Law

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On October 30, 2019, the final stage of the new Canadian Patent Law will come into force. There will be many changes to Canadian Patent Law and practice. ...more

Smart & Biggar

Updated Canadian Manual of Patent Office Practice explains the “Due Care” standard and more

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On October 30, 2019, amendments to the CanadianPatent Act and Patent Rules will come into force. The amendments, as reviewed in detail in our previous article, are largely geared to implementing the Patent Law Treaty....more

International Lawyers Network

Sexual Harassment In The Workplace: What Dutch Companies Need To Know

What constitutes sexual harassment? Sexual harassment occurs if someone shows verbal, non verbal or physical behavior with sexual connotation which aims at and results in the affection of the dignity of the other person....more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Financial Institution’s Fiduciary Duty to Beneficiary

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Bass, Berry & Sims attorney Chris Lazarini discussed a case centered around three IRA accounts and the duty that UBS had to the beneficiary following the death of the client/IRA account holder. Prior to the client’s death,...more

Sheppard Mullin Richter & Hampton LLP

Getting to Business Judgment in an Interested Transaction: Controlling Stockholder Must Put Procedural Protections in Place Prior...

In Flood v. Synutra Int’l, Inc., No. 101, 2018, 2018 Del. LEXIS 460 (Del. Oct. 9, 2018), the Delaware Supreme Court (Strine, C.J.) held that a controlling stockholder who pursues a merger with the controlled company will have...more

Schwabe, Williamson & Wyatt PC

The Lacey Act in the 21st Century: An Old Law’s Renewed Clout Imposes Serious Consequences on Importers and Processors of Foreign...

In the past several years, some high-profile federal enforcement cases have confirmed the importance of awareness of, and compliance with, the Lacey Act. The first notable enforcement action under the Lacey Act took place...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights: The Delaware Edition - October 2015

We are pleased to share with you the inaugural issue of Insights: The Delaware Edition, a periodic publication addressing significant Delaware deal litigation and corporation law developments. In This Issue: - Q&A...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Delaware Supreme Court Reaffirms Important Protections for Corporate Directors"

A trio of opinions from the Delaware Supreme Court, each authored by Chief Justice Leo E. Strine, Jr., has reaffirmed Delaware’s deference to the business judgment of disinterested corporate decision-makers and restored...more

Pillsbury Winthrop Shaw Pittman LLP

Lacey Act Lessons from the Lumber Liquidators $13 Million Settlement: Has the Definition of “Due Care” Been Expanded?

On October 7, 2015, Lumber Liquidators agreed to plead guilty to five criminal charges, including one felony, stemming from the purchase and import of certain wood products through three separate Chinese suppliers. The plea...more

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