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Joint Liability

McDermott Will & Emery

Don’t Share Trade Secrets With Your Fiancé: A Cautionary Tale

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The US Court of Appeals for the First Circuit largely affirmed a multimillion-dollar award against a temp agency for misappropriation of trade secrets and unjust enrichment due to its employee’s act of obtaining proprietary...more

Ballard Spahr LLP

NLRB Expands Joint Employer Rule

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Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more

Buchalter

The Slow Down Of The FAST Act: Monumental Deal Reached Which Could End Joint Employer Liability And Other Threats To The Franchise...

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On September 11, 2023, an unprecedented deal was announced by labor groups and the fast food industry which would give California workers a $20 minimum wage and repeal The Fast Food Accountability and Standards Recovery Act...more

Littler

Hot Take(out): California Fast Food Franchises Could Face Increased Liability

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It’s been a busy spring at the California state capitol.  Among the few thousand bills being considered by California’s legislature this year, AB 1228 stands out.  The bill would essentially create joint liability for...more

White & Case LLP

The Insolvency Code: perfect timing for a new legal framework for distressed companies

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On 12 January 2019, the Italian Government enacted Legislative Decree No. 14 (so called "business crisis and insolvency code (codice della crisi d’impresa e dell’insolvenza)", which entered into force on 15 July 2022 (the...more

Nutter McClennen & Fish LLP

The Massachusetts Independent-Contractor Statute Does Not Determine Joint-Employer Status

In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute.  The SJC held that the...more

Hahn Loeser & Parks LLP

New York Labor Law Creates Joint Liability for Construction Contractors

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On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed...more

McDermott Will & Emery

Mexican Federal Government Submits Proposed 2022 Economic Plan

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Last month, the Mexican federal government sent the proposed 2022 Economic Plan (the Proposal) to the Congress of the Union, which includes the 2022 Federal Budget, as well as the 2022 Revenue Law (Ley de Ingresos) and...more

Fox Rothschild LLP

Proposed Law Poses Risk Of Significant Legal Exposure For General Contractors In New York

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New York lawmakers are close to passing a law that creates automatic liability for general contractors when their subcontractors fail to properly pay their employees. Existing New York law provides at least a modicum of...more

McDermott Will & Emery

Mexico's Congress Approves Proposed Outsourcing & Insourcing Amendments

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Earlier this week, the Mexican Congress approved the proposed amendments on outsourcing and insourcing activities. A brief summary of the relevant provisions of these new laws can be found below: 1. As expected, the...more

Weintraub Tobin

The Interplay Between Statutory Damages And Joint And Several Liability In A Copyright Infringement Action

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Under the Copyright Act, an owner of a copyright suing for infringement may elect to seek statutory damages instead of actual damages. The amount of statutory damages under the Copyright Act are limited to $30,000 for...more

Spirit Legal

CJEU: Website operators are "jointly responsible" for embedding social media or 3rd party code

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Website and app operators are jointly liable with Facebook for violations of European data protection law - In its judgment of 29 July 2019 (ref.C-40/17), the European Court of Justice has ruled on two essential points...more

Jones Day

Eighth Circuit Rules that Bankruptcy Code's Cap on Lease Damage Claims Applies to Fraudulent Transfer Judgment

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To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, section 502(b)(6) of the Bankruptcy Code caps the amount of a landlord's claims...more

Fisher Phillips

New Jersey Ramps Up Misclassification Laws, But Businesses Dodge Bullet (For Now)

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New Jersey businesses will now face an increased slate of potential penalties for misclassification violations thanks to a series of bills just signed into effect by Governor Phil Murphy, but gig economy companies can breathe...more

Littler

New Jersey Enacts Legislative Package to Add Teeth to Worker Misclassification Laws

Littler on

Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more

White & Case LLP

Connected and Autonomous Vehicles – a cross-jurisdictional comparison of regulatory developments

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Connected and autonomous vehicles ("CAVs") are expected to become a reality on roads across modern economies in the near future. In 2018, the EU estimated that, provided a sufficient regulatory and enabling framework is in...more

Orrick, Herrington & Sutcliffe LLP

Debiti tributari e responsabilita' solidale del cessionario d'azienda

Con le recenti risposte alle istanze di Interpello n. 276 e n. 277, l’Agenzia delle Entrate (“Agenzia”) ha commentato la disciplina dell’articolo 14 del d.lgs. 472/1997 in materia di responsabilità solidale del cessionario (o...more

Burr & Forman

How to Get Relieved of Liability for Your Spouse’s South Carolina Tax Debt

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Spouses who file a joint income tax return are both jointly and severally liable for the taxes associated with the return, both federally and at the state level. If the joint tax liability is not paid, or additional tax is...more

Fisher Phillips

California Employers Should Monitor These 10 Critical Bills as the Legislative Year Comes to a Close

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As the 2019 legislative year is about to come to a close, there are a number of critical labor and employment proposals still making their way to Governor Newsom’s desk. With just four short weeks remaining for the...more

Jones Day

ECJ Rules Companies Using Social Plugins Are Joint Controllers

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The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more

Neal, Gerber & Eisenberg LLP

Client Alert: Using Facebook’s “Like” Button Makes Websites Responsible for Data

Website plug-ins such as Facebook’s “Like” button are becoming increasingly common on websites to promote websites’ products and services on social media platforms.  However, a recent ruling by the European Union Court of...more

Wilson Sonsini Goodrich & Rosati

Website Operator Jointly Liable for Data Collection and Transmission Through Facebook "Like" Button

On July 29, 2019, the European Court of Justice (ECJ) issued its decision in FashionID (Case C-40/17), determining that website operators are jointly liable with plugin providers for data collection and transmission through...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? The Power of cookies. I’ll take 3, YouDig?

Dear YouDig?, We built a beautiful new building. Our customers and employees love it.  What many of them don’t know is that the “AC” part of the HVAC is jacked up and summer is a-comin’. I complained and the GC came to my...more

Winstead PC

Texas Supreme Court Holds That Conspiracy Theories Have the Same Statute Of Limitations As Their Underlying Torts

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Joint liability for breach of fiduciary duty claims is a rather confusing area of law in Texas. Texas courts have discussed three different theories that allow for joint liability: knowing participation in breach of fiduciary...more

Skadden, Arps, Slate, Meagher & Flom LLP

GDPR Collective Civil Claims Present Potential for Reputational Risk and ‘Ruinous’ Damages

While much attention has been paid to the maximum level of administrative fines under the General Data Protection Regulation (GDPR) — up to 4 percent of total worldwide annual turnover — the regulation also provides for...more

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