News & Analysis as of

Vicarious Liability

FRANCHISOR 101: Liability as Certain as Death & Taxes

by Lewitt Hackman on

Structuring a franchise to reduce risk of joint employment and vicarious liability means limiting a franchisor's control over franchisees. This is a challenge in a professional services franchise, where the brand is...more

Fourth Circuit finds manufacturers not vicariously liable for retailers’ TCPA violations

Takeaway: A recent Fourth Circuit decision finding that UTC and Honeywell, manufacturers of home-security systems, could not be held vicariously liable for calls by downstream retailers in violation of the Telephone Consumer...more

Fourth Circuit Rejects Vicarious Liability Theory Under the TCPA

by Locke Lord LLP on

The Fourth Circuit dealt another blow to plaintiffs trying to drum up vicarious liability under the Telephone Consumer Protection Act (“TCPA”). See Hogdin v. UTC Fire & Sec. Americas Corp. Inc., 2018 WL 1308605 (4th Cir. Mar....more

No Vicarious Liability Without Ratification, Ninth Circuit Rules

A trio of payday lenders and two marketing companies did not indirectly violate the Telephone Consumer Protection Act (TCPA) by working with a lead generator that used an automated program to send text message ads, the U.S....more

Financial Services Report – Spring 2018

by MoFo Reenforcement on

The 2018 Winter Olympics are over. We watched two 17-year-olds win gold medals in sports that didn’t exist when we were 17. The Garlic Girls, with nicknames from their favorite breakfasts, and the U.S. men’s team won medals...more

‘Me Too’ Coverage Implications For Employers

by Carlton Fields on

When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...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

Do as I say, not as I do: third-party liability and the TCPA

Many companies employ third parties to assist with communications to consumers, or to market their products and services through semi-independent agents, brokers, or contractors. As a result, companies may face vicarious...more

Data Protection: Was an Employer Liable for an Employee's Malicious Data Breach

by Faegre Baker Daniels on

In Various Claimants v WM Morrisons Supermarket PLC [2017] EWHC3 113 (QB), the High Court considered whether an employer was liable for an employee’s malicious disclosure of personal data belonging to other employees. This...more

Morrisons vicariously liable for rogue employee’s misuse of personal data

by Allen & Overy LLP on

A landmark ruling in a group action by employees has found Morrisons Supermarket vicariously liable for a deliberate data breach carried out by a rogue employee, out of working hours and at home on a personal computer. The...more

GDPR and the Morrisons case: why data security is the hot topic every employer should be concerned about

by Dentons on

The GDPR, described as the biggest ever overhaul of data protection regulations, is arriving on 25 May 2018. With Morrisons Supermarkets recently having been found vicariously liable for an employee's deliberate leak of...more

Eleventh Circuit Holds Insurer Not Liable for Defense Counsel’s Malpractice

In its recent decision in Kapral v. GEICO Indemnity Co., 2018 U.S. App. LEXIS 1937 (11th Cir. Jan. 23, 2018), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider under...more

China Redefines Commercial Bribery and Increases Penalties

by Morgan Lewis on

China amended its Anti-Unfair Competition Law on November 4, 2017—the first time the law has been amended since it was promulgated in 1993....more

Addressing Workplace Sexual Harassment in the #MeToo Era

Stories of high-profile individuals in politics, media, entertainment and hospitality alleged to have engaged in sexual harassment, or worse, have been breaking at an unprecedented rate. In the wake of these allegations,...more

Employers Can Be Vicariously Liable For Employee Data Breaches

by Jackson Lewis P.C. on

The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113...more

Littler Global Guide - United Kingdom - Q4 2017

by Littler on

Court of Appeal Finds that Fairness of Decision Depends on Decision-Maker’s Actual Knowledge - Precedential Decision by Judiciary or Regulatory Agency - Dismissing an employee because they have made protected...more

Ninth Circuit Again Rejects Vicarious Liability Theory Under the TCPA

by Locke Lord LLP on

The latest decision out of the Ninth Circuit regarding vicarious liability under the Telephone Consumer Protection Act (“TCPA”) has again gone in favor of defendants. See Kristensen v. Credit Payment Servs., No. 16-15823,...more

TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action

In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for...more

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

by Burr & Forman on

In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...more

Apparent Agency Does Not Extend Beyond The Four Walls Of A Hospital: Yarbrough V. Northwestern Memorial Hospital Reversed

by SmithAmundsen LLC on

In a sharply divided opinion, the Illinois Supreme Court reversed the holding of the Illinois First District Appellate Court that a hospital can be vicariously liable under the doctrine of apparent authority (a/k/a apparent...more

UK Employer Vicariously Liable for Employee Data Breach

by Katten Muchin Rosenman LLP on

The supermarket chain Morrisons, has been found to be vicariously liable for an employee’s data breach, in a decision which extends the scope of vicarious liability. A senior IT auditor at Morrisons, named Skelton, unlawfully...more

Defence + Indemnity: December 2017 - II. Liability Issues

by Field Law on

II. LIABILITY ISSUES - A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the...more

Employment News - December 2017 #2

by Hogan Lovells on

In this weeks issue: - Employer vicariously liable for employee's data breach - Time and time again - no implied right to bonus through custom and practice - Making progress - gender pay gap toolkit...more

The Law Against Unfair Competition Amendment

by Allen & Overy LLP on

On November 4, 2017, at the 30th session of the Standing Committee of the 12th National People’s Congress (“NPC”) of China, the NPC approved a bill to amend the Law Against Unfair Competition, effective on January 1, 2018...more

Amendments to China’s Anti-Unfair Competition Law Broadens the Scope of Commercial Bribery, Imposes Vicarious Liability, and...

by Ropes & Gray LLP on

On November 4, 2017, the Standing Committee of the National People’s Congress (“NPC”) adopted amendments to China’s Anti-Unfair Competition Law (“Amended AUCL”). In 1993, the Chinese government enacted the AUCL to encourage...more

262 Results
|
View per page
Page: of 11
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.