News & Analysis as of

Duty of Care

King & Spalding

UK Looks to Tighten Online Content

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Political pressure increasing on social media companies to police their platforms - Over the course of a week in August, the UK experienced widespread civil unrest with crimes such as rioting, vandalism, looting and...more

Kohrman Jackson & Krantz LLP

Cleveland Retirement Fund Sues Elon Musk for Stealing AI Assets from Tesla

Elon Musk’s Ventures and Controversies - Elon Musk is well known for his many ventures as well as his disdain for convention. While serving as the CEO of Tesla, Inc., Musk acquired Twitter (now X Corp.) and founded a private...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Alston & Bird

SEC Orders Investment Adviser to Pay for Inadequate Disclosure of Fees from Clearing Broker

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Our Investment Funds Group examines why the Securities and Exchange Commission penalized a registered investment adviser for inadequate disclosure of fees it received....more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Littler

Belgium: Checklist ✔ Required Data When Employing Third-Country Nationals Through Subcontracting

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To tackle illegal employment through subcontracting more effectively, the Flemish government improved chain liability, and introduced a duty of care. According to this duty of care, companies working with subcontractors in...more

Alston & Bird

Senate Passes Bill for Kids Online Safety and Privacy Act

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On July 30, 2024, in a 91-3 vote, the U.S. Senate passed the bill for the Kids Online Safety and Privacy Act (the “Bill”). The Bill, which combines the bills for the Kids Online Safety Act (“KOSA”) and the Children and Teens’...more

Akin Gump Strauss Hauer & Feld LLP

Senate Advances Landmark Tech Policy Priorities

Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more

Winthrop & Weinstine, P.A.

What You Need to Know About the Minnesota Supreme Court Decision on Negligent Selection of Independent Contractors

The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Mayer Brown

Developments and Trends in Delaware Officer Exculpation Charter Amendments

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In August 2022, the Delaware General Assembly amended the Delaware General Corporation Law (“DGCL”) to allow corporations to adopt charter provisions exculpating certain officers from personal liability for monetary damages...more

BCLP

ESG Continues to Face Courts in France

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The CSDD Directive thus adopted goes well beyond the obligations under the French corporate law on duty of care: it widens the scope of the companies concerned and imposes heavy penalties. ...more

Butler Weihmuller Katz Craig LLP

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain...more

Charles E. Rounds, Jr. - Suffolk University...

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

If the trustee in breach of trust conveys the trust property to a third party to the trust relationship, would the transferee be a necessary party to any action for breach of trust that the trust beneficiaries might bring?...more

SEC Compliance Consultants, Inc. (SEC³)

What Advisers Need to Know Now About Giving Rollover Advice after September 23, 2024

This article was originally published on Kitces.com, on May 15, 2024, and is available at at DoL’s Retirement Security Rule & PTE 2020-02 Amendment: What Advisers Need to Know Now about Giving Rollover Advice After September...more

Hogan Lovells

Delaware Supreme Court holds separate class vote not required for officer exculpation amendment

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In re Fox Corporation/Snap Inc. Section 242 Litigation, the Delaware Supreme Court ruled that corporations do not need to seek votes from each separate stockholder class to approve charter amendments exculpating corporate...more

Hogan Lovells

Auditors’ liability – English case casts doubt on effectiveness of disclaimers in negligence actions

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A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision...more

Ankura

Evidence Challenges in Sensitive Safeguarding Cases: Understanding the Impact of Trauma

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Safeguarding is a matter of vital importance but challenging to effectively implement and manage. For sports organisations operating at international and national levels, the investigation of highly sensitive cases involving...more

Holland & Knight LLP

Colorado Legislature Approves AI Bill Targeting "High-Risk" Systems and AI Labeling

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The Colorado legislature passed the Colorado Artificial Intelligence Act (SB 205 or the Act) on May 8, 2024. If approved by Gov. Jared Polis, it will be the first law in the U.S. to impose specific requirements intended to...more

Rivkin Radler LLP

Insurance Update - May 20 2024

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Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more

Littler

Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools

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Colorado Senate Bill 24-205 (“SB205”), landmark legislation that expressly creates statutory tort liability for AI algorithmic discrimination in the employment context, has passed both houses of the Colorado General Assembly,...more

Husch Blackwell LLP

Colorado Legislature Passes Children’s Data Privacy Bill

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Prior to the legislature closing on May 8, Colorado lawmakers passed SB 41, which amends the Colorado Privacy Act (CPA) to add protections for children’s data privacy. If signed into law by Colorado Governor Jared Polis, it...more

Jones Day

California Supreme Court Will Review Novel Negligence Theory for Pharmaceutical Manufacturers

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The Situation: The California Supreme Court recently granted review of a California Court of Appeal decision, Gilead Life Sciences, Inc. v. The Superior Court of the City and County of San Francisco, that made waves in the...more

Goldberg Segalla

Grant of Summary Judgment to Aluminum Plant Owner Reversed

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Jurisdiction: Court of Appeals of Iowa - We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s....more

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