Duty of Care

Why Retirement Plan Sponsors are Always on the Hook for Liability

by Ary Rosenbaum on 5/14/2013

Whoever said the road to hell is paved with good intentions might have been a retirement plan sponsor. While setting up a retirement plan is a good intention, a plan sponsor’s lack of diligence in reviewing what is going on...more

Capital Infusion - May 2013: Case Spotlight

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, David McLean | Patton Boggs LLP on 5/9/2013

Down-Round Equity Financings and Subsequent Exit Transactions - Best Practices for Preferred Investors and their Board Designees - Today’s middle market private equity landscape is as diverse and varied as it has ever...more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

Financial Services Quarterly Report - First Quarter 2013: Dealing With Investment Errors: A U.S. Perspective

by Robert Helm, Megan Johnson | Dechert LLP on 3/25/2013

No professional investment adviser would intentionally make a trade or investment error. However, such errors occur from time to time. Formulating an appropriate response to investment errors can be challenging for investment...more

Amusement Parks And Georgia Premises Liability Law

by Tate Law Group, LLC on 3/25/2013

According to the 2010 Fixed-Site Amusement Ride Injury Survey conducted by the International Association of Amusement Parks and Attractions, about 290 million guests worldwide visit the 400 amusement parks in the association...more

Focus On Ontario - Not-For-Profit Corporations Act, March 2013: Transitioning To The ONCA

by Margot Patterson, Chris Turney | Dentons on 3/21/2013

In This Issue: - Transitioning to the ONCA - Excerpt from Transitioning to the ONCA: The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) is targeted to come into effect on July 1, 2013. The new Act...more

Under Construction - March 2013: Colorado Court of Appeals Rules that Contractors May Be Liable for Dangerous Site Conditions...

by Scott C. Sandberg | Snell & Wilmer L.L.P. on 3/20/2013

In Collard v. Vista Paving Corp., the Colorado Court of Appeals adopted the “foreseeability rule” under which a contractor may have a duty of care for dangerous site conditions even after the contractor’s work was completed...more

Directors Owe No Duty To Foreign Residents

by Matthew Fleming | Dentons on 3/15/2013

Originally Published in Legal Alert, Vol. 31, No. 5. Directors of Canadian companies with operations outside of Canada can take comfort in the Ontario Court of Appeal’s recent decision in Piedra v. Copper Mesa Mining...more

Court of Appeals Rules that Title Companies Owe Duty of Care in Tort when Conducting Title Searches

by Brett Buckwalter | Niles, Barton & Wilmer, LLP on 2/19/2013

In the case of 100 Investment Limited Partnership v. Columbia Town Center Title Co., the Maryland Court of Appeals was asked to determine whether a title company owed a tort duty of reasonable care to its customer, the...more

Weekly Law Resume - January 24, 2013: Risky Business: California Extends The Primary Assumption Of Risk Doctrine

by Aaron P. Shapiro | Low, Ball & Lynch on 1/28/2013

Smriti Nalwa v. Cedar Fair, L.P. SUPREME COURT OF CALIFORNIA (December 31, 2012) The primary assumption of risk doctrine prevents liability from attaching to operators, instructors, and participants in specific...more

FSA’s Administrative Sanctions on Investment Managers and a Trust Bank

by White & Case LLP on 11/3/2012

On October 16, 2012, the Financial Services Agency of Japan (the “FSA”) announced administrative sanctions against an investment manager (a two month business suspension order and a business improvement order) and a trust...more

FSA Fines IFA Network Firm in Relation to Misselling of High Risk Products

by Orrick - Structured Finance Group on 9/25/2012

The FSA has published a final notice (dated September 18) issued to Pi Financial Limited, an IFA network firm. The notice imposed a fine of £58,300 for failures in relation to systemic weaknesses in Pi’s systems and controls,...more

Minnesota Supreme Court Rejects Negligent Misrepresentation Claim Against University of Minnesota and Coach Tubby Smith

by Ashlee M. Bekish | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/23/2012

After five years of litigation, the shot clock has expired in a long-standing legal dispute between the University of Minnesota, its men’s basketball coach Tubby Smith, and Jimmy Williams. On August 8, 2012, the Minnesota...more

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