News & Analysis as of

Civil Liability

Woods Rogers

Designating Cartels as Terrorists: Potential Impact on U.S. Businesses

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On his first day in office, President Trump signed an executive order (EO 14157) that sets in motion the designation of certain cartels and transnational crime gangs as terrorist organizations. The President declared a...more

Guidepost Solutions LLC

Mexican Cartels as Foreign Terrorist Organizations: A New Era of Risk for Global Businesses

On January 20, 2025, President Trump issued an executive order titled “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists.” This directive instructs the...more

WilmerHale

Antitrust Compliance: What to Know for 2025

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Active until its final day in office, the Biden administration focused intently on antitrust compliance programs. Most recently, antitrust enforcers made significant policy changes to their approach to evaluating corporate...more

Walkers

Jersey Company Law Series: Migration / Continuation – Moving companies to and from Jersey

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Effects of a company migration into - Jersey Steps to migrate a company out of Jersey...more

Walkers

Guernsey Company Law Series -​ Guide to amalgamating or merging companies

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Guernsey's flexible corporate regime allows all types of Guernsey companies to amalgamate (including non-cellular companies, protected cell companies and incorporated cell companies) - Amalgamations can also be carried out...more

Latham & Watkins LLP

New EU Product Liability Directive Comes Into Force

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The Directive expands the scope of liability to digital products (including AI systems), fulfilment service providers, and online platforms, while reducing the burden of proof for claimants. On 9 December 2024, the new...more

Husch Blackwell LLP

American Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants

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Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more

Partridge Snow & Hahn LLP

A Break for Massachusetts Nonprofits: Lowering the Demand for Financial Reporting and Providing Incentives for Board Members to...

The Massachusetts legislature and Governor Healey recently passed into law An Act Relative to Strengthening Massachusetts’ Economic Leadership (the “Act”).  The Act provides significant changes in the nonprofit space which...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - December 2024 #2

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A New Jersey father lost nearly $1 million he stole from his wife and two kids due to a gambling addiction, which his family claims was deliberately encouraged by the online sportsbook, DraftKings. ...more

Ballard Spahr LLP

Pawnshop chain cannot use ‘bona-fide error defense’ in MLA suit filed by CFPB

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FirstCash, a national pawnshop chain, cannot use the “bona-fide error defense” in its defense of a Military Lending Act (MLA) suit filed by the CFPB against the company, a federal judge has ruled in a case of first...more

Burr & Forman

COVID Immunity Upheld to Protect Health Care Providers

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On October 4, 2024, the Alabama Supreme Court issued an opinion confirming and upholding the validity of not only the Governor’s Executive Order of May 8, 2020, providing immunity from negligence claims during the COVID-19...more

Husch Blackwell LLP

2024 Judicial Hellholes and Associated Nuclear Verdicts

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The American Tort Reform Foundation (ATR) has published its 2023-2024 Judicial Hellholes Executive Summary. This annual report highlights prominent jurisdictions across the United States known for enabling iniquitous...more

BakerHostetler

DOJ Antitrust Division Adds to Guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

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On November 12, 2024, the DOJ Antitrust Division updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (ECCP), which was initially issued in 2019. The ECCP provides guidance to...more

Amundsen Davis LLC

Democratizing the Defense to Doxing: New Attorney Fee Awards for Victims Alters Paradigm

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Defamation is the line between free and unlawful speech. Doxing is the disclosure of another’s personally identifiable information with the intent to bring the internet’s violent speech to their front door. Online defamation...more

Walkers

Jersey Company Law Series: Mergers - which entities, the process and the effect

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The Companies (Jersey) Law 1991, as amended, (the "Law") provides a modern, simple and flexible merger regime for relevant companies and other entities, whilst also protecting shareholder and creditor interests....more

Kohrman Jackson & Krantz LLP

Greek Leadership Positions May Be Risky Business for College Students

While college should be the best four years for any student, those dreams can be crushed when unintended tragedy hits a college campus. Activities often thought of as “fun” can turn on a dime when students drink too much and...more

Bowditch & Dewey

District of Mass. Rules on Title VI Antisemitism Case

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On July 30, a Massachusetts federal judge ruled that the Massachusetts Institute of Technology (MIT) was not deliberately indifferent to antisemitism on its campus, and provided some guidance as to how courts may interpret...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Sustainability Due Diligence Directive: What Companies in Germany Need To Know

The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD or Directive) entered into force on July 25, 2024, establishing a framework for companies to address risks and adverse impacts on human rights and...more

BCLP

Confronting and Mitigating Against Corruption

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Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

Paul Hastings LLP

Is the CSDDD Really Setting a Level Playing Field for Human Rights Due Diligence?

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With calm being restored after the frenzied effort in the EU to pass the Corporate Sustainability Due Diligence Directive (CSDDD), it may be time to evaluate the extent to which the law as adopted has met its original...more

ArentFox Schiff

ELVIS is Alive as Tennessee is First to Implement Rights of Publicity Protections Against AI Clones, Deepfakes, and Impersonations

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The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property. GenAI technologies,...more

Rivkin Radler LLP

Insurance Update - June 2024

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Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more

Clark Hill PLC

ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

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Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies....more

Latham & Watkins LLP

The ELVIS Act: Tennessee Shakes Up Its Right of Publicity Law and Takes On Generative AI

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A new Tennessee law seeks to impose liability on generative AI companies and internet platforms related to unauthorized use of a person’s voice or likeness. On March 21, 2024, Tennessee enacted the Ensuring Likeness,...more

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