News & Analysis as of

Personal Liability

U.S. + Germany Patent Newsletter

by Hogan Lovells on

Supreme Court Upholds Constitutionality of IPRs, Requires PTAB to Decide Validity of All Challenged Claims - Oil States Energy Services v. Greene’s Energy Group & SAS Institute v. Iancu (24 April 2018)....more

US Department of Justice Announces New Corporate Enforcement Penalty Policy

by Dechert LLP on

In a speech at the New York City Bar White Collar Crime Institute on May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new U.S. Department of Justice (DOJ) policy designed to encourage coordination among law...more

Flip or Flop: What to Know and Ask When Buying a House

by Hellmuth & Johnson PLLC on

While the adage “What you don’t know can’t hurt you,” is typically more of a hope than a fact, it can be particularly wrong for home buyers and investors. In recent years as the real estate market as gone up and down,...more

Prudently Investing: What Trustees Need to Know

Acting in the best interests of the trust and the trust beneficiaries, a trustee has the duty to protect and preserve trust assets and, generally, to make the assets productive. In making investment decisions and managing...more

Lawyers on Tap: Tap Tips for Entity Formation and Taxation

by Verrill Dana LLP on

In this episode of Verrill Voices: Lawyers on Tap, Verrill Dana attorneys Jennifer Green and Jonathan Dunitz discuss the importance of entity formation to the overall success of a brewery business, and the differences between...more

Personal Liability For Sales Tax In N.Y. LLCs

by Farrell Fritz, P.C. on

“Personal liability?!” the client screams. “For sales tax? How is that possible?” The look on their face is at once incredulous and accusatory. “Didn’t you say that the LLC would protect me and my assets from the liabilities...more

Employers Can Be Held Individually Liable For Unpaid Wages In Colorado

by Fisher Phillips on

The Colorado Court of Appeals recently held that the Colorado Wage Claim Act does not categorically bar individual liability for unpaid wages, rejecting arguments that a 2003 Colorado Supreme Court decision precluded any and...more

Is The Codification Of A Director's Standard Of Care A "Liability Created By Law"?

by Allen Matkins on

By codifying the standard of performance of directors in Corporations Code Section 309 did the legislature create a liability by law? ...more

State Budget Bill Amends Laws on Sexual Harassment in the Workplace

by Harris Beach PLLC on

Early on Saturday, March 31, 2018, the New York State Legislature passed a budget bill that includes several changes and additions to workplace sexual harassment law. Governor Andrew Cuomo applauded the measure as the...more

Can I Be Found Liable If My Car Is Rear-Ended In A Crash? 

by The Brown Firm on

There are a multitude of ways in which Car Accidents can take place, however, rear-end collisions are among the most common in Georgia. Unlike the majority of other collisions, rear-end accidents are often classified as...more

Alter Ego And The California LLC

by Allen Matkins on

Yesterday's post concerned a recent federal district court decision applying the corporate alter ego doctrine to a Nevada limited liability company. Bustos v. Dennis, 2018 U.S. Dist. LEXIS 45764. An update to this post...more

Court Applies Corporate Alter Ego Law To Nevada LLC

by Allen Matkins on

Corporations and limited liability companies share a key feature - insulation of owners from the liabilities of the entity. In the 19th century, courts began to fashion a significant exception to this principle for...more

SEC Issues Statement on Potentially Unlawful Online Platforms for Trading Digital Assets

by Dechert LLP on

The staff of the Divisions of Enforcement and Trading and Markets (collectively, Staff) of the U.S. Securities and Exchange Commission (SEC) on March 7, 2018 jointly issued a statement on digital asset trading platforms...more

French prosecutors reach first ever DPAs settling bribery charges

by White & Case LLP on

In February 2018, the first Conventions Judiciaire d'Intérêt Public ("CJIPs") – or French Deferred Prosecution Agreements ("DPAs") – were entered into for corruption charges between the Public Prosecutor's Office of Nanterre...more

5 Ways to Prove Distracted Driving in an Auto Accident Case

by The Roth Firm on

Distracted Driving Car Accidents occur on a regular basis throughout the state of Georgia, leaving thousands of people with severe or life-threatening injuries. When you get behind the wheel of a vehicle, you need to do more...more

Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2018

by Hinshaw & Culbertson LLP on

Lateral Hires – Screening – Moonlighting – Due Diligence by Hiring Firm – Vicarious Liability because of Lawyer's Apparent Authority - McFarland v. Niekamp, Weisensell, Mutersbaugh & Mastrantonio, LLP, 2017-Ohio-8394, 2017...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

Would You Please Oversee the Company’s Environmental Cleanup Program? Oh Yeah, if it Fails, You’re Personally Liable

by Gray Reed & McGraw on

After setting up new locations in Texas, N. O. Smelz, owner of Smelz Rug Cleaning, obtained a hazardous waste permit from the Texas Commission on Environmental Quality for the disposal of the company’s cleaning chemicals...more

Sexual Harassment Dominates California Legislation in 2018

by Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Individual Executives Found Liable Under False Claims Act

by Weiner Brodsky Kider PC on

Following a two-week trial, a federal jury in Charleston, SC, recently found three health care company executives individually liable under the False Claims Act and Anti-Kickback Statute in connection with the submission of...more

Dangerous Assumptions and Serious Consequences in Cybersecurity

by Bennett Jones LLP on

It's not the kind of news a retail giant wants to make. In May 2017, Target agreed to a $18.5-million settlement to resolve a 47-state investigation into a massive 2013 hack. This settlement put Target's total cost of the...more

Construction Law Alert: Proposed Legislation Would Make Contractors Liable for Unpaid Wages of Subcontractors

by Stoel Rives LLP on

A bill proposed in the Oregon House of Representatives threatens to fundamentally alter the relationships between contractors, their subcontractors, and their subcontractors’ employees. Under the bill, a contractor on a...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

In Massachusetts, Directors and Investors Acting in their Normal Capacities Do Not Have Personal Liability for Wage Act Violations

The Massachusetts Supreme Judicial Court recently held that the Massachusetts Wage Act does not impose personal liability on board members or investors acting in their normal capacities. In Segal v. Genitrix, LLC, the SJC...more

Massachusetts High Court Addresses Investors’ and Boards of Directors’ Liability Under the Wage Act

Investors and members of boards of directors concerned about liability under the Massachusetts Wage Act, M.G.L. c. 149, § 148, can breathe a little easier after the Supreme Judicial Court’s (SJC) decision in Segal v....more

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Cybersecurity

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