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Personal Liability

Dacheng

China Monthly Antitrust Update: June 2025

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This monthly report outlines key developments in China’s antitrust sector for June. The following events merit special attention: SAMR Seeks Comments on Provisions for Curbing Acts of Abusing Administrative Power to Eliminate...more

Troutman Amin LLP

TCPA DEBT CAN’T BE DISCHARGED IN BK?: Court Rejects Diana Mey’s Effort to Deem TCPA Judgment Non-Dischargeable In Bankruptcy–But...

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One of the most unfair rules in American jurisprudence is the one holding individuals personally liable under the TCPA for actions they take as part of their employment. In almost every setting in the law if you do something...more

BCLP

Upper Tribunal Ruling in the Case of Craig Donaldson and David Arden (Metro Bank)

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The Upper Tribunal has upheld the FCA’s decision that the CEO and CFO of Metro Bank were knowingly concerned in the Bank’s breach of the Listing Rules....more

Bricker Graydon LLP

Why Fiduciary Training Should Be a Priority for Your Retirement Plan Committee

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If you serve on a retirement plan committee, you’ve taken on an important and legally significant role. As a fiduciary under the ERISA, you are personally liable for the decisions you make regarding the plan. That’s not a...more

Stradling Yocca Carlson & Rauth

California Business Divorce: Partner Fraud and Personal Liability: Important Lessons from Bartenwerfer v. Buckley

The Story Behind the Case - Kate and David Bartenwerfer started their business with a straightforward plan. The couple decided to renovate and sell a house they jointly owned in San Francisco....more

Venable LLP

When Gossip Becomes Defamation: Liability for Rumors and Their Ripple Effects

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In the age of group chats and rumor mills, telling even one person a damaging rumor can unleash consequences far beyond the intent of the original conversation. But when does gossip cross the legal line?...more

Conn Kavanaugh

Will Your Homeowners Insurance Policy Provide Coverage for Everything That Could Go Wrong this Summer?

Conn Kavanaugh on

Memorial Day is approaching and, with it, the unofficial start of summer. Many minds turn to thoughts of cookouts, inviting friends over to swim in backyard pools, and evenings spent playing basketball games on driveways....more

Orrick, Herrington & Sutcliffe LLP

CFPB requests $43M in restitution and fees from Biden-era enforcement case

On March 13, in a response to a court’s request for additional briefing, the CFPB requested a federal judge to levy $43 million in fines and restitution against the owner of a debt-relief company. The court previously issued...more

Lathrop GPM

Significant Amendments Proposed to the DGCL to Stem Business Defections to Other States

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Proposed amendments to the Delaware General Corporation Law (DGCL) introduce safe harbors for liability from transactions involving directors, officers and controlling stockholders and define and limit a stockholder’s right...more

Holland & Knight LLP

Delaware Supreme Court: Permissive Business Judgment Rule Applies to Corporate Conversions

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everal 2024 decisions by the Delaware Court of Chancery led some prominent corporate leaders to express frustration over perceived increased liability standards for corporate officers and directors, even publicly advising new...more

Rivkin Radler LLP

New York Sales Tax: When a Responsible Person Acts Irresponsibly

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Late last year, the Office of the State Comptroller (the “OSC”) estimated that sales and use tax receipts would increase by 2.3% in the SFY 2024-2025. The OSC also projected that collections from sales and use taxes would...more

Smith Anderson

GDPR Enforcement is Alive and Well - Key Considerations in 2025

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As 2025 progresses, one thing is clear—GDPR enforcement is not slowing down. In fact, regulators across Europe are intensifying their scrutiny, handing out significant fines and even warning executives of potential personal...more

Robson & Robson, P.C.

When a co-shareholder purchases the debt obligations of the company without partners' knowledge

Robson & Robson, P.C. on

I spend a lot of my time representing business owners in disputes with their business partners. As part of that job, I have an opportunity to see the variety of ways in which one business owner tries to rip off another...more

Orrick, Herrington & Sutcliffe LLP

Cyber and Data Security: Personal Liability for C-suite Executives

Cyber security and data protection issues continue to occupy an important place within corporate governance. At the same time, there is an increasing trend towards individual culpability for senior managers and C-suite...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

DLA Piper

EU: DLA Piper GDPR Fines and Data Breach Survey: January 2025

DLA Piper on

The seventh annual edition of DLA Piper’s GDPR Fines and Data Breach Survey has revealed another significant year in data privacy enforcement, with an aggregate total of EUR1.2 billion (USD1.26 billion/GBP996 million) in...more

Stradling Yocca Carlson & Rauth

California Business Divorce: Partner Fraud and Personal Liability - Important Lessons from Bartenwerfer v. Buckley

The Story Behind the Case - Kate and David Bartenwerfer started their business with a straightforward plan. The couple decided to renovate and sell a house they jointly owned in San Francisco. David handled the remodeling...more

Robins Kaplan LLP

Stripping Away Individual Rights Through Corporate Immunity

Robins Kaplan LLP on

A new trend is emerging among corporations to seek immunity from prosecution and prevent consumers from suing after the corporation’s product injures a consumer. As an example, Bayer/Monsanto1 is currently seeking legislative...more

Allen Matkins

Alter Ego, LLCs And Choice Of Law

Allen Matkins on

In deciding whether to impose alter ego liability with respect to a limited liability company, a federal court has several possible choices.  It could apply the law of the state of formation of the LLC, it could apply the...more

Walkers

Cayman Islands Foundation Companies The Leading Vehicle for wrapping a DAO

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Cayman Islands foundation companies ("FCs") remain the premier vehicle of choice for "wrapping" a Decentralised Autonomous Organisation ("DAO"). The FC structure balances the flexibility required for DAO operations with the...more

Farrell Fritz, P.C.

Diving Into the Shallow Waters of New York Law Permitting Elimination of LLC Managers’ Liability for Breach of Fiduciary Duty

Farrell Fritz, P.C. on

There’s a ton of Delaware caselaw enforcing Section 18-1101 (c) of that state’s LLC Act as amended in 2004, authorizing LLC agreements to eliminate the members’ and managers’ liability for breach of fiduciary duty, the only...more

Womble Bond Dickinson

New Cyber Security Rules for US Technology Companies Operating in the EU

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The EU is in the course of passing a range of new cyber security legislation which will apply to US businesses who provide services in the EU. One part of that legislative programme is the new Network and Information Security...more

Constangy, Brooks, Smith & Prophete, LLP

Bosses, don’t roll the dice with your employees. You could be personally liable.

You have probably heard about the plight of Rudy Giuliani. Once known as “America’s Mayor” for his handling of the attack on the Twin Towers on September 11, 2001, Mr. Giuliani has fallen on hard times. Because of a $148...more

Awatif Mohammad Shoqi Advocates & Legal...

What Can You Do Legally in the UAE if Your Car Insurance Company Delays Payment?

In the UAE, car insurance offers significant financial protection in the event of accidents or damages. However, delays in compensation from insurance companies can cause unnecessary stress and financial hardship. UAE law...more

BakerHostetler

Top Regulators Speak at the New York City Bar Association’s Compliance Institute

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In response to compliance officer personal liability concerns and increasing SEC regulations, Commissioner Peirce proposed the creation of a compliance advisory committee, which would bring together SEC regulators and...more

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