News & Analysis as of

Corporate Liability

Benesch

Mining for Gold: Little-Used Regulatory Golden Nuggets That Can Make Life Easier for Shippers, Brokers, and Carriers.

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The transportation and logistics sector has always been one that is heavily regulated, both by pertinent federal agencies and by various state agencies. Although there is now a movement for selected deregulation by DOT, the...more

Benesch

Cargo Loss and Damage Liability in eVTOL and UAV Transportation

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Electric vertical takeoff and landing aircraft (eVTOLs) and Unmanned Aerial Vehicles (UAVs or, colloquially, drones) are increasingly being integrated into supply chains. ...more

Jones Day

German Energy Company Succeeds in Landmark Climate Change Litigation Case

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On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more

American Conference Institute (ACI)

[Event] Global Anti-Corruption, Ethics & Compliance - June 10th - 11th, New York, NY

ACI's Global Anti-Corruption, Ethics & Compliance – New York is your best opportunity to hear how companies are addressing the status of DOJ and SEC priorities, effective compliance and risk strategies, strengthening...more

Holland & Knight LLP

Contractors and Grant Recipients Beware: False Claims Act Risk in Termination Settlements

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A significant number of government contracts and grants have been terminated recently by federal agencies pursuant to the U.S. Department of Government Efficiency's (DOGE) "cost efficiency initiative" and review of "covered...more

Seyfarth Shaw LLP

Updated SFO Guidance: Familiar Framework, Sharper Focus—Timing Is Everything

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The Serious Fraud Office (SFO) is raising the stakes. With the publication of new Co-operation and Enforcement Guidance on 24 April 2025, the agency is ramping up enforcement and clarifying expectations for corporate...more

Parker Poe Adams & Bernstein LLP

Court Expands Scope of Private Actions Under California Consumer Privacy Act to Include Pixel Tracking Practices

On March 3, 2025, the U.S. District Court for the Northern District of California issued a significant ruling that has the potential to broaden the risk of liability under the California Consumer Privacy Act (CCPA). ...more

Latham & Watkins LLP

Key Takeaways From the SFO’s New Corporate Guidance

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The updated guidance puts a heavy emphasis on self-reporting and clarifies how corporates under investigation can earn cooperation credit from UK prosecutors....more

Womble Bond Dickinson

The UK's Failure to Prevent Fraud Offense

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Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability...more

WilmerHale

Implications of EO 14157 and Recent “Foreign Terrorist Organization” and “Specially Designated Global Terrorist” Designations

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On January 20, 2025, President Donald J. Trump signed Executive Order 14157, “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists” (EO 14157)....more

Pillsbury Winthrop Shaw Pittman LLP

The Battle Over Climate Superfund Laws: Legal Challenges in Vermont and New York

States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more

Holland & Knight LLP

Fourth Circuit Limits Beneficiary Bank Liability in BEC Schemes, Requires Actual Knowledge

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Business email compromise (BEC) fraud, driven by technology and increasing sophistication by criminal organizations, has become a major issue for both consumers and financial institutions. According to a September 2024...more

American Conference Institute (ACI)

SFO’s Enforcement Strategy Focuses on Corporate Liability

The U.K. Serious Fraud Office has a lot going for it right now: a director hellbent on tackling complex fraud, bribery, and corruption, an enhanced budget, new partnerships to tackle international bribery and corruption...more

A&O Shearman

The Crime and Policing Bill 2025: further reforms to be made to the identification principle

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The Crime and Policing Bill 2025, published by the UK Government on February 25, 2025, proposes extending the new ‘senior manager’ test of corporate criminal attribution to all criminal offences, not just economic crime...more

DLA Piper

A Look at Canada’s Ongoing Efforts to Combat Bribery and Corruption

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In October 2023, the Working Group on Bribery in International Business Transactions for the Organization for Economic Co-operation and Development (OECD) released and adopted a report evaluating Canada’s enforcement of the...more

Clark Hill PLC

Colorado Court of Appeals Holds That the Felonious Killing Exception Applies to Corporations

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In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more

Littler

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

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Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

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Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...more

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

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The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Lathrop GPM

North Dakota Federal Court Denies Subway’s Motion to Dismiss Franchisee Employee’s Vicarious Liability Sex Trafficking Claims

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A federal court in North Dakota recently denied a motion to dismiss vicarious liability claims against the corporate entities constituting the Subway franchise system. C.S. v. Subway Worldwide, Inc., 2025 WL 472475 (D.N.D....more

Woodruff Sawyer

AI Agents: Automating Success or Fast-Tracking Corporate Liability?

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Autonomous agents, agentic artificial intelligence (AI), or AI agents seem to be all the rage lately. Most recently, Salesforce CEO Marc Benioff was quoted as saying that today’s CEOs will be the last to lead all-human...more

Lathrop GPM

Whistleblowers Get a Stronger Whistle: The False Claims Act Liability Under President Trump’s DEI Order

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One of the new administration’s Executive Orders, titled “Ending Illegal Discrimination and Restoring Merit-Base Opportunity,” has significant potential impact on companies operating diversity, equity and inclusion (DEI)...more

Moritt Hock & Hamroff LLP

Supreme Court Upholds Principle Of Corporate Separateness In Vacating Award To Dewberry Engineers

n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more

Baker Donelson

Supreme Court Limits Reach of Trademark Infringement Damages: Affiliation Insufficient

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The Supreme Court recently issued its opinion in Dewberry Group, Inc., FKA Dewberry Capital Corp. v. Dewberry Engineers Inc. (23-900, Feb. 26, 2025), and addressed the issue of awarding profits in a trademark infringement...more

Sands Anderson PC

Patel v. CNN: Public Figures Suing the Media for Defamation Lose Most of the Time

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In a case, as they say, ripped from the headlines, the Virginia Court of Appeals has put on a clinic explaining the inter-play between the First Amendment and defamation law.  The Court, in Patel v. CNN  made clear that...more

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