Liability

News & Analysis as of

So You’ve Got A Cybersecurity Policy – What Next?

After hearing about the major data breaches at companies like Target, Michael’s, and Neiman Marcus, ABC Corp. realizes it needs to protect itself from such an attack. So it consults with its attorneys, identifies where it is...more

California Court Limits Liability for Loss of Certain Patient Information under CMIA

California appellate courts are clarifying potential liability under California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”) of health care providers, health plans, pharmaceutical...more

Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business

An effective and thorough investigation is the first line of defense in any premises liability case. When a guest reports an accident, it is important to gather as much information as possible. Employees move on and memories...more

Does Litigating Make Economic Sense?

One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying...more

Fifth Circuit Rejects Strict Liability Standard and Reverses Trial Court Decision Imposing Endangered Species Act Section 9...

In The Aransas Project v. Shaw, the Fifth Circuit reversed a lower court’s finding that the Texas Commission on Environmental Quality violated section 9 of the Endangered Species Act through its combined actions and inactions...more

Uptick in Hazing-Related Incidents Provides Sobering Reminder of Potential Claims Against Colleges and Universities

Across the United States there has been a recent surge of injuries — and deaths — resulting from hazing and initiation rites led by student organizations. These tragic events have produced lawsuits and investigations into...more

Kazakhstan’s New Rehabilitation and Bankruptcy Law

The new law extends the grounds for shareholders’ liability and invalidation of transactions. On 26 March 2014, the new Rehabilitation and Bankruptcy Law (the New Law) took effect in Kazakhstan. The New Law supersedes...more

Doe v. Wolcott: Child Abuse Mandated Reporters and School District Liability

Connecticut General Statute Section 17a-101a sets forth 1) the obligation of certain school employees to report to the Department of Children and Families whenever they have reasonable suspicion of child abuse or neglect. and...more

Supreme Court Asked If State Universities Are Exempt From Claims Under the False Claims Act

A professor at the University of Texas Health Science Center has petitioned the U.S. Supreme Court to determine the standard for imposing liability on state universities (and their related entities, such as hospitals and...more

One More Thing to Worry About with Teen Drivers

The new teen drivers are out in force for the summer season, giving their parents a lot to be anxious about. Among the countless fears parents have every time their teen takes the wheel should be their own liability....more

EPA Proposes to no Longer Accept 2005 Version of ASTM Standards and Practices for Environmental Site Assessments as Basis for...

On June 17, 2014, EPA published a Proposed Rule to no longer acknowledge the 2005 version of ASTM International’s recently updated version of its standard for environmental site assessments – Standard 1527-13 – to meet the...more

Texas Supreme Court weekly orders (6/14)

In its order list for June 20, 2014, the Texas Supreme Court issued opinions in eight cases and granted review in one case. In this post, I will summarize the opinions in four cases, and also describe the case in which the...more

CFPB Has Authority to Bring Actions Against a Non-Depository Institution’s Related Persons; Are Payday Lenders Next?

The Dodd-Frank Wall Street Reform and Consumer Protection Act grants to the U.S. Bureau of Consumer Financial Protection (the “CFPB”) the power to bring actions against “related persons” of non-depository institutions. A...more

D.C. Lawmakers Again Tackle Cyberthreats

On June 17, 2014, Senate Intelligence Committee Chairman Dianne Feinstein (D-CA) and Vice Chairman Saxby Chambliss (R-GA) released a draft bill entitled, The Cybersecurity Information Sharing Act of 2014. Given the increasing...more

3 Data Breach Liability and Care Standards to Know Now

Privacy and Cyber Security Litigation (PCS Litigation) has recently experienced extensive growth, particularly when it comes to the liabilities associated with a data breach. PCS Litigation involving data breach may be...more

EPA Proposes Change to Environmental Due Diligence Rule For Property Transactions

For the second time in a year, the U.S. Environmental Protection Agency (EPA) proposed to amend the “all appropriate inquiry” rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). ...more

EPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule

On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate...more

Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?

In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits....more

Sixth Circuit Holds Website Cannot Be Liable for Postings, Reversing Lower Court

In an important decision issued today, the Sixth Circuit held that the operators of www.TheDirty.com could not be held liable for postings by third parties on the website. The decision reversed the decision of the Eastern...more

Policyholders are Exposed to Cyber-Risk from Their Third Party Contracts

The use of third party technology service providers has become widespread and commonplace in all industries. Technology services like “cloud” data storage providers and software as a service (SaaS) allow companies of all...more

EU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite No Contractual Link

In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 26: Individuals Cannot Be Liable For Title...

There are all sorts of reasons why an employee would want to avoid discrimination or harassment of co-workers or direct reports, but the one which resonates the most is the potential that the employee can be found...more

The GM Safety Debacle – Everyone is Responsible and No One is Responsible

The Valukas Report to the General Motors Board of Directors Regarding Ignition Switch Recalls is a lengthy report that describes in excruciating detail how GM failed to uncover and remedy significant safety issues...more

Financial Institutions and Creditors’ Rights: Ninth Circuit Finds SCRA Liability Based on Prior Servicer’s Actions

The Servicemembers Civil Relief Act (“SCRA”) was signed into law in 2003, greatly expanding prior legislation in order to better assist servicemembers in avoiding default and foreclosure while they are on active duty. The...more

Summertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for Texts and Autodialed and Prerecorded Calls to Cell...

Over the Spring, we reported on how the Eleventh Circuit’s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer Protection Act (TCPA) on...more

266 Results
|
View per page
Page: of 11