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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

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In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Bennett Jones LLP

Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting

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The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....more

White and Williams LLP

Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”

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In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict...more

HaystackID

London Hospitals Crippled by Major Cyberattack on Synnovis: Critical Services Disrupted

HaystackID on

Major hospitals in London are grappling with severe disruptions following a cyberattack on Synnovis, a key pathology services provider. The attack has resulted in canceled surgeries and emergency patients being diverted to...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 11

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Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Pierce Atwood LLP

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

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Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island. In July, we updated our...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

King & Spalding

Wyoming Supreme Court Rejects “Negligent Lending” and “Negligent Advising” as Causes of Action

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On January 19, 2023, the Wyoming Supreme Court declined to recognize causes of action for negligent lending or negligent advising and declined to impose a duty on lenders to render sound advice to borrowers. The case stems...more

Rumberger | Kirk

Florida Tort Reform Now Law: Effective Upon Governor's Signature

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Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation....more

Cadwalader, Wickersham & Taft LLP

Title (Coverage) Not Available

Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary duty to their insureds....more

Harris Beach PLLC

Medical and Life Sciences: Year in Review 2022

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From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more

Morris James LLP

Ten of the Largest Medical Malpractice Verdicts of 2022

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2022 saw record-setting medical malpractice verdicts across the country. Juries have seen the pain and suffering caused by negligent healthcare providers, and are compensating innocent victims for both their financial and...more

Dechert LLP

Dechert Cyber Bits - Issue 21

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US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Buchalter

Sheen v. Wells Fargo Bank, N.A.: The California Supreme Court Delivers a Big Win for Lenders and Loan Servicers

Buchalter on

On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2020-2021

A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021. Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 &...more

Woods Rogers

Questions About Tort and Contract Claims in the Cybersecurity Context Left Unsettled

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Supreme Court of Virginia Declines Certified Questions from Federal Court in In re: Capital One Consumer Data Security Breach Litigation - The lawsuit In re: Capital One Consumer Data Security Breach Litigation, has already...more

Barnea Jaffa Lande & Co.

Officers’ Responsibility for Ecological Disaster

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About seven years ago, one of the worst ecological disasters in Israel’s history occurred. During work to divert an oil pipeline, one of the old pipelines belonging to the government company Eilat Ashkelon Pipeline Co. Ltd....more

The Volkov Law Group

Pipeline Company Pays $35 Million to Settle Criminal and Civil Environmental Violations for Inland Spill of Oil Drilling Generated...

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In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more

Bilzin Sumberg

Zoom Settlement Will Likely Mute Federal Class Action Lawsuit over Data Privacy

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After months of litigation, Zoom Video Communications has agreed to pay $85 million to settle a proposed class action pending in the United States District Court for the Northern District of California....more

Vinson & Elkins LLP

No (Actual) Injury, No Problem: Second Circuit Recognizes An “Increased-Risk” Theory Of Standing For Plaintiffs In Data Breach...

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In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Womble Bond Dickinson

Finding a Test for Reasonable Security Practices: Embrace Complexity and Specifics

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Most people have a warped and deeply unrealistic understanding of data security. There is no such thing as absolute security. For a thing to have value, you must be able to access the value – in effect, to use it. In order...more

Cozen O'Connor

Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits

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The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020. Many of those individuals will be employed when they contract the virus, and a significant number will be workers in...more

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