Third-Party

News & Analysis as of

Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

On January 8, 2015, the Second Appellate district affirmed judgment of the lower court in State Ready Mix Inc. v. Moffatt & Nichol, and barred a concrete supplier from blaming a third party consultant for the concrete...more

Protecting Against Cyber Risk - A Primer on Cyber Insurance

There was no shortage of stories about massive data breaches in 2014 and things likely won't slow down in 2015. As these stories continue to grow in number, corporate America has started to explore ways to insure against this...more

Trade Secrets And 3rd Parties: Litigation Traps To Avoid

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

Competing Claims Challenges And The Right To Recover

Your insured is sued, along with several other additional or named insureds. You receive a policy limits demand that is reasonable, but the limit is insufficient to settle all claims against all of the defendants. What do you...more

UK ICO to endorse privacy seal schemes

The UK Information Commissioner’s Office (ICO) signalled its commitment to approving third-party “privacy seal” schemes following its recent public consultation. The first UK schemes should be operational by 2016....more

BBB Issues OBA Warning: What You Should Know and What to Do About It

The Online Interest-Based Advertising Accountability Program just released another compliance warning, stating that the use of Interest-Based Advertising (IBA) in native advertising must comply with the Digital Advertising...more

CFPB Takes Action Against Carrier for Charging for Unwanted Services

On December 17, 2014, the Consumer Financial Protection Bureau (“CFPB”) announced that it had filed a lawsuit against a telecommunications carrier, alleging that the carrier was allowing third-party merchants to place...more

New York Court Expands Application Of Common Interest Privilege In Case Involving M&A Transaction

Expanding the law in New York governing the attorney client privilege, New York’s intermediate appellate court held last week that anticipated or pending litigation is not a necessary prerequisite to invoking the common...more

New York Extends Common Interest Privilege Protection to Non-Litigation Communications

Ordinarily, when a communication between an attorney and her client is disclosed to a third party, that communication loses its privileged status. The common interest privilege operates as an exception to that rule that...more

New York Announces New Regulations of Abusive Third-Party Debt Collection Practices

On December 3, New York Governor Cuomo announced that the DFS finalized regulations to help end abusive debt collection practices. The new regulations will (i) require debt collectors and debt buyers to provide enhanced...more

Building Your Third Party Due Diligence Checklist: The Right Pieces, Processes and Presumptions

A comprehensive approach to third party and vendor due diligence management is essential for any company conducting business globally. A strong due diligence program’s purpose is two-fold...more

EuGH: Einzelhändler können für Belastungen von in Verpackungen geliefertem Geflügelfleisch verantwortlich sein

Der EuGH urteilte, dass ein ausschließlich auf der Vertriebsstufe tätiger Unternehmer für das Inverkehrbringen von nicht zum Verzehr geeigneten Lebensmittel zur Verantwortung gezogen werden kann. Der Einzelhandel sollte sich...more

CPSC Focusing on Three Areas for Reduction of CPSIA Testing Burdens

At their April Senate confirmation hearing, both incoming CPSC Chairman Elliot Kaye and Commissioner Joe Mohorovic pledged to Senator John Thune (R-SD) to submit plans for reducing third party testing burdens within 60 days...more

Responding Effectively to Third-Party Subpoenas

It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more

Federal Circuit Upholds ITC’s Authority to Enforce Consent Order Covering Third-Party Products

uPI Semiconductor Corp. v. U.S. International Trade Commission and Richtek Technology Corp. v. U.S. International Trade Commission - The U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in...more

REMINDER: HPID Deadline is November 5th

The U.S. Department of Health and Human Services (HHS) is requiring all self-insured health plans to obtain a Health Plan Identifier number (HPID) as part of its compliance efforts under the Health Insurance Portability and...more

MassDEP Rolls Out Third-Party Inspection Program Beginning January 2015

MassDEP’s 2014 reforms to the solid waste regulations include new requirements for third-party inspections of solid waste facilities. These changes reflect an effort by MassDEP to privatize the inspection and policing...more

"CFTC Staff Issues More No-Action Letters to Commodity Pool Operators"

Over the last month, the Division of Swap Dealer and Intermediary Oversight (DSIO) of the Commodity Futures Trading Commission (CFTC) issued four letters providing exemptive, no-action and interpretative relief to commodity...more

Testing Texas CGL Coverage For 3rd Party Products

On Sept. 19, the Fifth Circuit certified four questions to the Texas Supreme Court regarding coverage under a commercial general liability policy in U.S. Metals Incorporated v. Liberty Mutual Group Incorporated, No. 13-20433,...more

Manatt Digital Media - October 2014

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - In today’s competitive marketplace, brands are relying heavily on social media and other digital methods to...more

Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary...more

Potential Impact of New SEC Rules on Cell Tower Securitizations

On August 27, 2014, the Securities and Exchange Commission (the “SEC”) adopted two final rules implementing new regulations affecting asset-backed securities (“ABS”). The first set of rules, referred to in this memorandum as...more

Failure to Make A Third Party Witness Available May Result In The Testimony Being Ignored

In the Mexichem Amanco Holdings S.A. de C.V. v. Honeywell International, Inc., the Patent Owner moved for additional discovery to depose a third party witness whose declarations were relied upon by Petitioner in its Reply to...more

FCPA Compliance and Ethics Report-Episode 95-interview with Scott Killingsworth on Private to Private Compliance Solutions [Video]

In this episode I visit with Scott Killingsworth, partner at BryanCave on his thoughts around the compliance solutions found in private-to-private compliance obligations. ...more

Third parties: 4 FCPA takeaways for working with distributors

There is a growing appreciation that companies can be held liable for the actions of third parties under the FCPA and other anti-corruption laws. In this article, we highlight four key challenges and related “cures” for...more

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