News & Analysis as of

Reasonable Care

Bracewell LLP

How Meta’s $1.4 Billion Settlement Impacts Your Obligations Under the Texas Capture or Use of Biometric Identifier Act

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The Texas Capture or Use of Biometric Identifier Act (CUBI) aims to prevent the commercial collection of an individual’s biometric identifiers without their consent. CUBI has been around since 2009, but it has been making...more

Littler

Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

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Companies in Minnesota that work with independent contractors should be aware of a new legal risk.  In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more

Cozen O'Connor

What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?

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The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v....more

Fisher Phillips

Colorado Lawmakers Pass Landmark AI Discrimination Bill – and Employers Across the Country Should Take Notice

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Colorado is close to becoming the first state to enact a law prohibiting employers from using artificial intelligence to discriminate against their workers – and requiring companies to take extensive measures to avoid such...more

Holland & Hart - Your Trial Message

As the Reptile Evolves, Update Your Understanding of ‘Duty’

The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the...more

Vinson & Elkins LLP

Who’s to Blame: Texas Federal Court Finds Contractual Counterparty Not Liable for Third-Party Wire Transfer Fraud

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The facts are an oft-told business email compromise horror story: a hacker interjects themselves into an email discussion of a business deal, changes the wire instructions to their own account, and disappears with the...more

Braumiller Law Group, PLLC

Hot Topics in International Trade-Reasonable Care

Braumiller Law Group VP of Marketing Bob Brewer, sits down again with BLG Senior Associate Attorney Kerry Wang to discuss CBP's perspective of what Reasonable Care means, and how that translates to the international trade...more

Torres Trade Law, PLLC

Breaking News: Claus’s Customs Compliance is Naughty

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Importing merchandise into the United States can be a tricky process for even magical folk. There are a variety laws and regulations enforced by U.S. Customs and Border Protection (“CBP” or “Customs”), and violations can lead...more

Flaster Greenberg PC

Tough Coach or Hostile Work Environment

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“Tough Coaches” at the professional level or college level garner reputations on their own. As sports become more professional and retain a formal structure, it is essential for clubs to understand the line between a “tough...more

Braumiller Law Group, PLLC

[Webinar] Harmonized Tariff Schedule Classification - October 26th, 8:00 am PT

Why Should You Attend: The Harmonized System (HS) is used by virtually all countries to determine the duty/taxes and admissibility of imported goods. Because the classification of goods under the HS is a legal determination...more

Kerr Russell

Changes To Open And Obvious Doctrine Impacts Premises Liability Law

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In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by...more

BCLP

Menstruation in the workplace

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This article focuses on the impact that menstruation can have on an employee’s ability to work in the workplace generally, the social stigmas preventing open discussions about menstruation in the workplace and how employers...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2022: I Just Found Out My Imported Goods are Subject to Antidumping - What Should I...

Currently there are close to 400 active antidumping cases involving nearly 40 countries. The cases cover a wide range of products including steel commodity products and steel articles (number one category), chemical products,...more

Morgan Lewis

Directors’ Duties to Consider Supply Chains

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Directors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains....more

TNG Consulting

Judge Awards $2.5 Million to Student Who Was Sexually Assaulted on Foreign-Study Program

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A graduate student at the Rhode Island Institute of Design (RISD) recently won a substantial judgment of $2.5 million for injuries that she suffered after being sexually assaulted on a RISD-sponsored travel program. Following...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in Connecticut’s Premises Liability Law

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The elements of a cause of action for negligence are well established: duty, breach of that duty, causation, and actual injury. Pelletier v. Sordoni/Skanska Const. Co., 286 Conn. 563, 593 (2008). “The status of an entrant on...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in Massachusetts’ Premises Liability Law

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Massachusetts has a similar negligence standard to Connecticut but has different laws as applied to landowners in snow and ice liability cases. The Massachusetts Supreme Judicial Court (“SJC”) abolished the distinction...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in New Hampshire’s Premises Liability Law

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In New Hampshire, “[a] premises owner owes a duty to entrants to use ordinary care to keep the premises in a reasonably safe condition, to warn entrants of dangerous conditions and to take reasonable precautions to protect...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in Rhode Island’s Premises Liability Law

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Under Rhode Island law, owners and possessors of property have an affirmative duty: “to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to...more

Nilan Johnson Lewis PA

Duty of Care for Non-Academic, Student Disciplinary Matters at Private Colleges & Universities Reversed by Eighth Circuit

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Recently, the US Court of Appeals for the Eighth Circuit issued a favorable decision to NJL’s client, the University of St. Thomas, that has broad application to all private colleges and universities in the state of...more

White and Williams LLP

Update - Property Owner’s Defense Goes up in Smoke in Careless Smoking Case

Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. In Steamfitters Local Union No. 602 v. Erie Ins. Exch., 2020 Md. LEXIS 347 (July 27, 2020) (Steamfitters Local), a matter...more

Littler

Conducting “Virtual” Workplace Investigations: Practical Suggestions for the Human Resources Professional

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Human resources professionals are focused today on dealing with myriad workplace issues arising out of the COVID-19 pandemic – new leave of absence laws, increased safety concerns, new privacy issues, and so on.  In addition,...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

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A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

A&O Shearman

SEC Proposes Solicitation Rule Amendments

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On November 4, 2019, the U.S. Securities and Exchange Commission (SEC) proposed amendments to rules governing investment adviser advertisements and payment to solicitors under the Investment Advisers Act. The comment period...more

Hogan Lovells

UK Supreme Court upholds first breach of Quincecare duty

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At the end of last month, the Supreme Court gave judgment in Singularis Holdings Limited (In Official Liquidation) v Daiwa Capital Markets Europe Ltd.This is the first case in which a bank has been held to have breached its...more

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