News & Analysis as of

Civil Liability

This Week In Securities Litigation

by Dorsey & Whitney LLP on

One firm and three of its officers were named as defendants in a Commission enforcement action that could have been cloned from earlier remarks of Chairman Clayton about cryptocurrency. In one speech the Chairman decried...more

Bill Expands Corporate Liability for Human Trafficking to Social Media Companies

By removing immunity for illegal content, the recently passed bill emphasizes the need for anti-human trafficking compliance and online account monitoring. The recently passed bill creates civil liability for social media...more

UK: The new Civil Liability Bill – will it mean a better discount rate soon?

by Hogan Lovells on

The Government’s proposed Civil Liability Bill has just had its first reading in Parliament. The Bill proposes a new method of calculating the discount rate and ways in which to reduce the number of whiplash claims....more

Vantage defaults in first case decision

by Ary Rosenbaum on

It didn’t take long for the first decision in a lawsuit against vantage Benefits and its owners when they defaulted. A default judgment was handed down by Judge David C. Godbey of the U.S. District Court for the Northern...more

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

by Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

Civil Liability of Arbitrators in the UAE – An Update

by White & Case LLP on

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

by Fisher Phillips on

As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more

You Can’t Delegate the Ethics of Respect & Dignity #YCDEthics

by NAVEX Global on

Pulitzer Prize-winning business reporter Charles Duhigg, in his bestseller The Power of Habit: Why We Do What We Do in Life and Business, described the shock and confusion to investors when Paul O’Neil made his first...more

A Review of the DOJ/FTC’s Antitrust Guidance for Human Resource Professionals

by Arnall Golden Gregory LLP on

In October 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued an eleven-page joint guidance document entitled “Antitrust Guidance for Human Resource Professionals”...more

Is There Automatic Civil Liability For A Data Breach?

by Fisher Phillips on

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

Undisclosed Foreign Accounts, Part II

by Moskowitz LLP on

The executor of a decedent’s estate has a duty to act in a prudent manner and in accordance with the law. At times, this may result in having to take an unpopular position or action that angers the beneficiaries....more

Red Notice Newsletter - October 2017

ANTICORRUPTION DEVELOPMENTS – Global Compliance Overhaul for SAP as DOJ and SEC Investigate Payments Allegedly Related to South African Government Contracts – On October 26, 2017, German software company SAP SE...more

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Recording Conversations with Your Cellphone: with Great Power Comes Potential Legal Liability

by Varnum LLP on

In the cellphone age, nearly everyone walks around with a multi-tasking recording device in their pocket or purse, and it comes in handy for many of our modern problems: Your dog suddenly started doing something adorable?...more

Preview of Automated Vehicle Regulations in Germany

by Dechert LLP on

Germany’s Federal Ministry of Transport and Digital Infrastructure formally presented last week ethical guidelines that affirm that governments are focusing on similar themes in designing their regulatory approach to the...more

Red Notice Newsletter - August 2017

ANTICORRUPTION DEVELOPMENTS - MTS Receives DOJ and SEC Declination Letters Concluding FCPA Investigations - On August 7, 2017, MTS Systems (MTS), a Minnesota based maker of test systems and industrial position...more

Delaware Supreme Court Reverses Chancellor's Chicago Bridge Ruling - Authority of Independent Auditor to Resolve Purchase Price...

by Jones Day on

In a much-anticipated decision, on June 27, 2017, the Supreme Court of Delaware reversed the Chancery Court's ruling in Chicago Bridge v. Westinghouse. The Delaware Supreme Court determined that an independent auditor...more

DOJ Settlement Looks to Set New Benchmarks for Suspicious Order Monitoring

by Ropes & Gray LLP on

This week, the U.S. Department of Justice and Drug Enforcement Administration announced a $35 million settlement with a major pharmaceutical manufacturer to resolve alleged failures to monitor and report suspicious orders for...more

Missouri Petroleum Storage Tank Liability to Shift From Tank Owners and Operators to Property Owners

by Lathrop Gage on

Beginning January 1, 2018, Missouri's Underground and Aboveground Petroleum Storage Tanks laws will shift environmental liability from the "owner or operator of one or more petroleum storage tanks" to the "current legal owner...more

Decoding the code - China's new General Civil Law Rules: the first step towards a comprehensive civil code

by Hogan Lovells on

On 15 March 2017, the People's Republic of China General Civil Law Rules (???????????) (hereinafter referred to as the "GCLR") were formally adopted at the Fifth Session of the Twelfth National People's Congress. The GCLR...more

Car Accidents Involving Autonomous Cars, Who is Liable?

by Foley & Lardner LLP on

With automated cars comes hopes of safer driving, more efficient commuting, increased productivity, reduced human errors, and fewer accidents. However, as self-driving cars becomes a reality, car accidents may lead to legal...more

Man Convicted of “Reckless Endangerment” in Drone Accident; Civil Suit Likely to Follow

by Cozen O'Connor on

On February 24, 2017, a Washington judge sentenced Paul M. Skinner to 30 days in jail and a $500 fine for “reckless endangerment” arising from the use of a personal drone. Skinner lost control of the two-pound drone during...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Litigation defending their 401(k) plan is the cost of doing business offering proprietary mutual funds

by Ary Rosenbaum on

It’s a favorite topic of mine because it’s fascinating to consider, so many mutual fund companies are being targeted for litigation for offering proprietary mutual funds in their employees’ 401(k) plan....more

Contractor not liable following tunnel collapse

by White & Case LLP on

A recent Scottish case absolved a contractor from liability for the collapse of a tunnel as part of a hydroelectric scheme. This was because the contractor exercised reasonable skill and care, and did not guarantee the...more

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