Subro Sense - The ABC's of RCV and ACV
Episode 120: Interview of NAVEX Global Third-Party Risk Officials: Chris Bailey and Stephen Gooding
Homebuilder Series Webinar: Fiduciary Duties & Auditor Liability
The New Normal: Taking Responsibility for Your Vendors
Companies that rely on third parties to market products could face legal exposure under the Telephone Consumer Protection Act (TCPA) when those third-party agents call, text or fax consumers without the requisite consent....more
Parties within a chain of transactions may face liability for dishonesty and assistance, even if they do not have actual knowledge of fraud. The recent judgment in Bilta (UK) Limited (in liquidation) & ors v. NatWest...more
Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more
The Western District of Oklahoma recently granted a plaintiff’s motion for summary judgment against NorthStar Alarm Services, LLC (“NorthStar”) in a certified class action. The court held, in part, that NorthStar was...more
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more
Takeaway: A recent Fourth Circuit decision finding that UTC and Honeywell, manufacturers of home-security systems, could not be held vicariously liable for calls by downstream retailers in violation of the Telephone Consumer...more
Takeaway: Decisions addressing a seller’s exposure to vicarious liability for calls placed by a third-party telemarketer in violation of the Telephone Consumer Protection Act (“TCPA”) offer little predictability or guidance....more
A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more
The U.S. District Court for the Northern District of West Virginia recently granted summary judgment for the defendant alarm manufacturers in In re Monitronics International, Inc. Telephone Consumer Protection Act Litigation...more
Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign...more
On December 12, 2014, Judge Sue E. Myerscough issued an epic 238-page order granting in part and denying in part cross summary judgment motions filed in United States of America, et al. v. Dish Network, L.L.C. (“Dish...more
Dish Could Face Billions in TCPA Liability - Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties...more
Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret...more
In this high-profile criminal prosecution of XTO Energy by the Pennsylvania Office of Attorney General, the scope of corporate criminal liability for the actions of third parties is likely to take center stage later this year...more