News & Analysis as of

Duty of Care

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Jones Day

Belgian and French Courts Ruled on New Climate Lawsuits Against Governments

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On May 26, 2021, the Hague District Court ordered, in a groundbreaking decision, Royal Dutch Shell Plc to ensure that the aggregate annual volume of all carbon dioxide emissions of the Shell group, its suppliers, and...more

Allen & Overy LLP

New legal test for professional negligence: Manchester Building Society v Grant Thornton

Allen & Overy LLP on

Supreme Court restates the SAAMCO principle in relation to damages for negligent professional advice....more

Arent Fox

LIBOR Transition: (Bet You Didn't Know) Municipal Advisors’ and Underwriters’ Duties

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Municipal advisors, as well as other regulated entities, should be aware of their general obligations under Federal securities laws and MSRB Rules when formulating advice about securities or products, in particular if it...more

NAVEX Global

Shadow Policies: Increasing Legal Exposure & Liability

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Are you scared of shadows? You should be, as they can cause serious legal, operational, compliance, risk, brand/reputation, and integrity liability. For the past several years organizations have been battling shadow IT....more

McDermott Will & Emery

The New German Supply Chain Due Diligence Act (With a View Across the Border)

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On 11 June 2021, the German Federal Parliament approved the draft bill on corporate due diligence in supply chains (Supply Chain Due Diligence Act), which was approved by the German Federal Council without any changes on 25...more

Mitchell, Williams, Selig, Gates & Woodyard,...

The Duty of Loyalty and Arkansas' New Uniform Limited Liability Company Act

In a recent Mitchell Williams Blog we highlighted Arkansas’ enactment of the Uniform Limited Liability Company Act (the “ULLCA”), and pointed out some of the differences between the ULLCA and Arkansas’ existing Small Business...more

Parker Poe Adams & Bernstein LLP

Federal Court Dismisses Claim From Estate of Employee's Spouse Who Died From COVID-19

If employees allege that they contracted COVID-19 as the result of a workplace exposure, state workers’ compensation laws may prevent them from pursuing a negligence claim against the company. What happens, however, when the...more

Porter Hedges LLP

The Texas Supreme Court Clarifies The Scope Of The General Contractor’s Duty Of Care To Subcontractor Employees

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In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...more

Sherman & Howard L.L.C.

No Employer Liability For The COVID-19 Death Of A Family Member

If an employee contracts COVID-19 at work and transmits the illness to a spouse, who then dies, is the employer liable? In Estate of William Madden v. Southwest Airlines, Co., the U.S. District Court for the District of...more

Latham & Watkins LLP

UK Government Publishes Draft Online Safety Bill to Tackle Illegal and Harmful Content Online

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The proposals includes fines for non-compliance of up to the greater of £18 million or 10% of a provider’s annual global revenue. On 12 May 2021, the UK government published the Online Safety Bill (the Bill), which aims...more

White & Case LLP

Next up in Climate Litigation: Belgian Court condemns Climate Change Policies of Belgian Federal and Regional Governments

White & Case LLP on

As yet another sign of the surge of climate change litigation around the world, yesterday the Brussels Court of First Instance found the Belgian federal and regional governments in breach of their duty of care and human...more

Jones Day

Federal Court of Australia Rules That the Government Owes Duty of Care to Australian Youth on Climate Change

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The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine...more

Davis Wright Tremaine LLP

Fiduciary Duties in Family Business M&A Transactions

This is the eighth article in our series on selling the family business. Our previous articles include advance planning, preliminary diligence, marketing, letters of intent, indemnification provisions, backstopping the deal,...more

K&L Gates LLP

A Novel Duty of Care? Recent Developments in Australian and International Climate Change Law

K&L Gates LLP on

In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions intensive corporations and projects. These reflect...more

Dentons

Duty of care to consider climate change impacts on children: The Sharma case

Dentons on

The Federal Court of Australia has found that the Commonwealth Minister for the Environment has a duty of care to children when deciding whether to approve a project under the EPBC Act that would facilitate carbon emissions....more

Parker Poe Adams & Bernstein LLP

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

Jackson Lewis P.C.

Is New York Next? A Comprehensive Consumer Privacy Bill Reintroduced

Jackson Lewis P.C. on

On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more

Robins Kaplan LLP

Robins Kaplan Justice Report Spring 2021 | VOL. 15 NO. 2

Robins Kaplan LLP on

DUTY TO THIRD PARTIES: FOCUS ON FORESEEABILITY - Foreseeability is the foundation of duty in many states, and Minnesota is no different. With a series of cases starting in 2017, the Minnesota Supreme Court has made a...more

Hogan Lovells

FCA proposals for a new Consumer Duty

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The FCA first published a discussion paper on a duty of care in July 2018 – nearly two years on it is now consulting on introducing a new Consumer Duty. There is now to be a clear timeline for the introduction of the changes,...more

Morrison & Foerster LLP

UK Financial Services Act 2021 Receives Royal Assent

On 29 April 2021, the Financial Services Bill received Royal Assent in the UK, becoming law as the Financial Services Act 2021 (the “Act”). This is the first significant step for the UK in shaping its financial services...more

Littler

Dutch employers: take action against sexual harassment!

Littler on

In the Netherlands, employers are liable for harm suffered by employees during their work. This can include psychological damage due to sexual harassment....more

Hogan Lovells

Pay for delay and document retention - The ECJ‘s Lundbeck decision

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In the much-anticipated Lundbeck case (i.a. C-591/16 P), the European Court of Justice (“ECJ”) on 25th March 2021 confirmed the decision of the European Commission (“Commission”) to impose fines on Lundbeck and several...more

Rumberger | Kirk

Landowner’s Duty of Care in Florida, and the Special Case of Contractors

Rumberger | Kirk on

In a premises liability case, the landowner’s standard of care is determined by the category of entrant.  Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972).  See also ARP v. Waterway E. Assoc., Inc., 217 So. 3d 117, 120 (Fla....more

Searcy Denney Scarola Barnhart & Shipley

How to Win a Florida Wrongful Death Case

Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate....more

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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