Liability

News & Analysis as of

Hong King: Companies Ordinance 2014 and Directors' Duties

A new Companies Ordinance (CO) came into effect in Hong Kong on 3 March 2014, which introduced a number of changes to the law on directors’ duties. ...more

Who is Liable When Patrons Slip and Fall in Water Parks?

Water parks provide refreshing entertainment for families enjoying the hot Florida sunshine. Although rides and other attractions that involve bodies of water have an inherent risk of drowning, these accidents are actually...more

Horses The Next Pit Bulls? Connecticut Supreme Court Finds That Horses Are Inclined To Be Mischievous, But They Are Not Presumed...

In a matter of first impression, the Connecticut Supreme Court ruled that horses belong to a “species naturally inclined to do mischief or be vicious.” The Court did not go so far, however, as to rule that horses are...more

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

FTC Sends Message: Make Your Mobile App Secure

Mobile payments have become so commonplace that consumers rarely stop to think about whether their online payment is secure. Mobile app developers can fall into a similar trap of assuming that the necessary security measures...more

Corporate Officers Becoming Liable for Negligent Acts Is Reconsidered

In July 2013, the decision of the Court of Appeals for the Federal Circuit (CAFC) was announced in United States v. Trek Leather, Inc. and Harish Shadadpuri, Case No. 2011-1527 (July 30, 2013). Harish Shadadpuri (Shadadpuri)...more

BRG Review: Winter 2014 - Volume 4, Issue 1

In This Issue: - Introduction - Market Share Liability from an Economics Perspective - The Safety of Chemical Products - Chemical Leaks and Spills - Excerpt from Introduction: An important...more

Recent Court Decision Threatens to Expand Home Builders' Liability for Construction Defects

BB&K's Victor Wolf Examines the Fallout of Apellate Decision on California Law - For more than a decade, contractors and home builders have looked to Senate Bill 800, commonly known as the “Right to Repair Act,” as...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Who is to Blame When There Are Several Motor Vehicles Involved in a Traffic Accident?

Three people reportedly died and at least 12 more were injured in one of the worst multi-vehicle accidents in recent memory along Interstate 10 near Picacho Peak and Casa Grande, between Phoenix and Tucson, Arizona. The...more

ALJ Rules Mine Operators Do Not Have Right to Perform Pre-operational Examinations of Equipment Prior to MSHA Inspection, Citing...

In an opinion issued on December 10, 2013, Federal Mine Safety and Health Review Commission Administrative Law Judge Richard Manning ruled that allowing operators to perform examinations of mobile equipment immediately prior...more

Avoiding Mistletoe Mishaps, Part IV: 20 Tips For A Festive, Safe, Non-Litigious Office Holiday Party

As 2013 comes to an end, we have been considering a number of workplace issues that employers might face at the end of the year and the beginning of the holiday season. In parts one, two, and three of this blog series, we...more

Nonprofit Liability Paradigm – “The Perfect Storm” (Root Causes)

Risk Factors - Areas that rise to legal or related side: - Endowments/Budgets/Assets {$} - Employees/Employee oversight/Volunteers - Users of Services (e.g. children, infirm) - Personal Data (Privacy) - Property...more

Auditors’ Liability to Third Parties: An Overview

Historically, the doctrine of privity of contract prevented third parties from claiming against auditors for negligently prepared audited reports. The landscape changed with the recognition of the tort of negligent...more

Slip and Fall Cases in Arizona

Many people do not believe they will ever be the victim of a slip and fall injury. However, this type of injury is not limited to the elderly or people who have difficulty walking. A fall can occur to anyone, at anytime and...more

Court Goes To The Dictionary To Establish Liability For A Non-Party

Even if you aren’t the actual plaintiff in a lawsuit you can still be personally liable for breach of a covenant not to sue. It’s easy! Sign a release in your individual capacity, cause an entity you control to bring a...more

CFPB plans to continue targeting of individuals in enforcement actions

In a speech last week to the Reuters Washington Summit, Director Cordray is reported to have indicated that the CFPB is committed to pursuing individuals, and not just companies, when exercising its enforcement authority. Mr....more

Expanding FIRREA Liability for Financial Institutions: Southern District of New York Developments [UPDATE]

A recent SDNY ruling strengthens the Department of Justice’s expanding application the Financial Institutions Reform, Recovery and Enforcement Act of 1989. UPDATE On October 23, a jury returned the first FIRREA...more

In Sourcing and Licensing Agreements Governed by New York Law, Think Twice About a Gross Negligence Carve-out to a Limitation on...

Limitations on liability and disclaimers of damages for breach of contract claims are commonplace in outsourcing, licensing and procurement agreements. These provisions can create contentious negotiations as the parties seek...more

European Court confirms that an Estonian Internet news portal is responsible for defamatory comments posted by readers

In the case of Delfi AS v Estonia, the European Court of Human Rights (ECHR) upheld an Estonian domestic court decision to hold Delfi, one of the largest Estonian internet news portals, liable for defamatory comments posted...more

Renting Your California Contractor’s License. Probably Not Such a Good Idea

For those of you who are licensed contractors in California, or if you’re thinking about getting a contractor’s license in California, you know that you need a “qualifying individual” in order to maintain or obtain a license....more

Clarifications on Liability of Officers of Russian Companies

The Plenum of the Supreme Arbitrazh Court at the end of August 2013 published Resolution No. 62 (the "Resolution"), dated 30 July 2013, which provides a number of clarifications with respect to the liability of officers of...more

FTC and the “Internet of Things”: Franchisor on the hook

Last fall the Federal Trade Commission brought cases against a software developer and rent-to-own stores that secretly monitored people in their homes. The developer provided the stores with software that had a “Detective...more

FDA Rule Change Could Hold Generic Drug Manufacturers Liable

In 2004, Nancy Bartlett, a secretary for a New Hampshire insurance company visited her doctor complaining of shoulder pain and was prescribed the non-steroidal anti-inflammatory drug Clinoril. Ms. Bartlett received the...more

The Smaller Stuff Creates the Biggest Liability Pitfalls for 401(k) Plan Sponsors

When I was a kid, I had an Intellivision. For those people born after 1980, Intelliivision was video game console that had better graphics than an Atari 2600 but people didn’t buy. One of my favorite games on Intellivision...more

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