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Gross Negligence

Locke Lord LLP

Cybersecurity Safe Harbors – One Step Forward and Two Steps Back

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Cyberattacks continue to increase in number and severity. This increase has amplified the need for legislation to protect both businesses and consumers. In previous articles, we discussed the few states that enacted “safe...more

Charles E. Rounds, Jr. - Suffolk University...

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

If the trustee in breach of trust conveys the trust property to a third party to the trust relationship, would the transferee be a necessary party to any action for breach of trust that the trust beneficiaries might bring?...more

ArentFox Schiff

Senior Living Industry: Review of Owner’s Loan Documents Through Management Company Lens

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Although a senior living property manager is not the party on the hook for the loan, it is important that they review and negotiate certain provisions in the owner’s loan documents that affect their rights and obligations in...more

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

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To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more

Fox Rothschild LLP

Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era Healthcare

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The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute. In May 2020, the pandemic was raging. Our General...more

Holland & Hart LLP

The Appeal of Nevada: Why Corporations are Heading West

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More and more corporations are moving to Nevada. Is this because of the lack of corporate or franchise taxes associated with incorporating in the state or the lack of state income tax? Likely not (Nevada does not collect...more

Dorsey & Whitney LLP

Energy Law: Month in Review - March/April 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. Please reach out to any of the authors, listed above, to discuss these issues....more

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

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Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Farrell Fritz, P.C.

Parallel Business and Matrimonial Divorce Proceedings

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Parallel business divorce proceedings in the same or different courts alleging overlapping or duplicative claims are common. When it occurs, judges must often determine whether to dispose of one so the other may proceed...more

Gray Reed

Retail Electricity Customers Denied Relief from Uri

Gray Reed on

In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

Troutman Pepper

EDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non Conveniens

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It is not uncommon for plaintiffs based in the United States to bring claims against foreign parties in U.S. federal courts to obtain a favorable venue and avoid any bias in foreign courts in favor of local defendants. A...more

Torres Trade Law, PLLC

What You Need to Know about 19 USC 1592

Torres Trade Law, PLLC on

In 2022, Customs and Border Protection (“CBP” or “Customs”) processed $3.35 trillion in imports, issued 2,121 penalties, and collected $19.3 million from penalties and liquidated damages. Section 1592 of the Tariff Act of...more

Linda Liu & Partners

Principle of liability for fault applies to the dispute over damages resulted from the application for customs protective measures...

Linda Liu & Partners on

According to the relevant provisions of China’s Regulations on Customs Protection on Intellectual Property Rights, the IP right holder may request the customs to detain the suspected infringing goods. After the customs...more

Orrick, Herrington & Sutcliffe LLP

District Court grants summary judgement for bank in “spoofing” case

On September 29, the U.S. District Court for the Southern District of New York granted summary judgement on all claims in favor of the defendant bank, while denying summary judgement for the New Jersey-based plaintiff. The...more

Robinson+Cole Health Law Diagnosis

Connecticut Supreme Court Issues Opinions Addressing Scope of Immunity for Health Care Workers Under Governor Lamont’s Executive...

On August 8, 2023, the Connecticut Supreme Court issued opinions in Mills v. Hartford HealthCare Corp.and Manginelli v. Regency House of Wallingford, Inc.that addressed the scope of immunity for health care workers and...more

Hogan Lovells

APP fraud: UK PSR consults on gross negligence and reimbursement limit for reimbursement requirement

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The Payment Systems Regulator (PSR) has published two consultations on the new mandatory reimbursement requirement for authorised push payment (APP) fraud victims. The first sets out a draft policy document and guidance for...more

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

White and Williams LLP on

In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

Freiberger Haber LLP

Can You Limit Liability for Your Own Negligence in a Contract

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Folks sign contracts of all types that purport to contain limitations of liability; but are they enforceable.  In many cases, the answer is “yes”.  “In the absence of a contravening public policy, exculpatory provisions...more

Hogan Lovells

APP fraud: UK PSR confirms introduction of ‘world first’ reimbursement requirement

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The Payment Systems Regulator (PSR) has published a policy statement on its new reimbursement requirement to fight authorised push payment (APP) fraud. Subject to a few exceptions (eg removal of the minimum threshold for...more

Kohrman Jackson & Krantz LLP

Federal Court Rules No Common Law Duty to Prevent or Respond to Data Breaches

Like most healthcare entities, Indiana’s Trinity Health collects, stores, maintains and uses a large volume of particularly sensitive information about patients and others, including Personally Identifiable Information (PII)...more

White and Williams LLP

Michigan Court Waives Goodbye to Subrogation Claims Except as to Gross Negligence

In Ace American Insurance Company, et. al. v. Toledo Engineering Co., Inc., et. al., No. 18-11503, 2023 U.S. Dist. LEXIS 15222 (Ace American), the United States District Court for the Eastern District of Michigan determined...more

Conyers

The Boundaries, and Benefits, of ‘Gross Negligence’ Under Cayman Islands Law

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For many years, it has been standard industry practice in the Cayman Islands, as in similar jurisdictions, for company directors, corporate service providers, and professional service providers, to apportion risk between...more

Pillsbury - Policyholder Pulse blog

Strengthening Corporate Officer Protection: Delaware’s Updated Corporate Exculpation Law and Its Impact on D&O Liability Insurance

As the preferred place of incorporation for most U.S. companies, Delaware has long been a leader in the development of statutory and common law on corporate governance. In keeping with this role, the Delaware legislature...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Requirements of Cybersecurity Expert Testimony in the Third Circuit

Takeaway: In many data breach cases, a cybersecurity expert may evaluate whether the company’s security measures were reasonable and appropriate or, alternatively, if the company lacked the requisite technology to detect a...more

Maron Marvel

Ongoing Trends in Fraternity and Sorority Lawsuits

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On November 1, 2012, a pledge of the Northern Illinois University chapter of the Pi Kappa Alpha fraternity tragically died due to alcohol poisoning. Six years later, attorneys on behalf of the deceased’s family were able to...more

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