News & Analysis as of

Duty to Protect

Charles E. Rounds, Jr. - Suffolk University...

The federal Corporate Transparency Act (CTA), whose constitutionality is currently being tested in the courts, creates another...

The federal Corporate Transparency Act (CTA), effective January 1, 2024, whose constitutionality is currently being tested in the courts, follows in the footsteps of the IRC in that it creates a limited statutory exception...more

Charles E. Rounds, Jr. - Suffolk University...

Trustee’s Duty To Defend Trust Property From Third-Party Claims Versus Trustee’s Duty To Defend Trust’s Very Existence, As Well...

A longstanding and critical incident of a trustee’s fiduciary duty of loyalty is the duty to vigorously defend the trust’s very existence, as well as all its material provisions (hereinafter “existence defense”), unless it...more

Downey Brand LLP

Litigation is Taking California’s Public Trust Doctrine From the Waterfront to the Forefront

Downey Brand LLP on

California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more

Weber Gallagher Simpson Stapleton Fires &...

Does the Government Have a Duty to Protect People from One Another When the Government Creates the Danger?

Although the government usually has no duty to protect people from one another, on January 31, 2022, in Mears v. Connolly, No. 21-1148, the Third Circuit ruled that the government may be liable when the government itself...more

Constangy, Brooks, Smith & Prophete, LLP

High Court Upholds CMS Vaccine Mandate For Health Care Workers -- What Now?

After operating in limbo for a little over two months, Medicare/Medicaid certified facilities across the country now know one thing for certain—the Centers for Medicare & Medicaid Services Interim Final Rule mandating health...more

McGuireWoods LLP

Edible Bites Episode 9: Emerging Issues in Cannabis Privacy

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In episode 9 of McGuireWoods' Edible Bites video webinar series, healthcare attorneys Kate Hardey, Royce DuBiner and Janice Suchyta discuss issues pertaining to cannabis and privacy laws, such as HIPAA and the California...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Rumberger | Kirk

Third DCA Defines Scope of Duty for Security Services Contracts

Rumberger | Kirk on

When it comes to defining a security company’s obligations, words may speak louder than actions. On January 06, 2021, the Third District Court of Appeal issued its opinion in Margery Glickman and Fred Glickman vs. Kindred...more

Conn Kavanaugh

Colleges and Universities May Be Liable to Intoxicated Students for Failing to Take Reasonable Steps to Protect Them From Harm

Conn Kavanaugh on

The Massachusetts Supreme Judicial Court (“SJC”) has created an actionable duty of care of colleges and universities to helplessly intoxicated students. On July 27, 2020, the court held that, where a college or university has...more

Carlton Fields

Florida Court Holds Carrier’s Basis for Botched $149K Ferrari Payment Defied “Common Sense”

Carlton Fields on

A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more

Akin Gump Strauss Hauer & Feld LLP

California’s Governor Signals Potential Threat to Businesses’ Use of Consumer Data – A New Data Dividend

• In his State of the State address, Governor Newsom proposed a “Data Dividend” that would apparently entitle Californians to compensation for the use of their data. If passed, it would be the first measure of its kind in the...more

Fenwick & West LLP

Pennsylvania High Court’s Dittman Ruling Makes It Harder To Dismiss Data Breach Actions

Fenwick & West LLP on

The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more

Saul Ewing LLP

Pennsylvania Supreme Court: Employers Owe Duty to Safeguard Sensitive Employee Information

Saul Ewing LLP on

Pennsylvania’s highest court recently issued a major decision that impacts employers and their storage of sensitive employee information in two important ways. First, the court imposed a new duty on employers to use...more

White and Williams LLP

Five Quick Thoughts on Dittman

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Recently, the Supreme Court of Pennsylvania issued a landmark decision in Dittman v. UPMC, 2018 Pa. LEXIS 6051 (Pa. Nov. 21, 2018) in which employers now have an independent duty to protect employee data from cyberattacks....more

Snell & Wilmer

Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals:...

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In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...more

Snell & Wilmer

Arizona Holds No Duty by Manufacturer in Secondary Asbestos Exposure Case

Snell & Wilmer on

The Arizona Supreme Court recently held that a defendant that used asbestos materials in its workplace before 1970 has no duty to protect the public from secondary asbestos exposure. Arizona only recognizes a duty in a...more

Fisher Phillips

New York Court Says Retailer Not Responsible For Unforeseeable Violence Against Patron

Fisher Phillips on

A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more

Lewitt Hackman

The Customer Is (Not) Always Right: An Employer's Duty to Protect

Lewitt Hackman on

Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...more

U.S. Equal Employment Opportunity Commission...

EEOC Wins Jury Verdict in Sexual Harassment Case against Costco

Failure to Intervene Against Harassing Customer Created Hostile Work Environment, EEOC Charged - CHICAGO - A federal jury has awarded $250,000 in compensatory damages to a former employee of Costco Wholesale, Inc. who...more

Hinshaw & Culbertson LLP

Court Dismisses Case Filed Under the Defend Trade Secrets Act

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2016

Motion to Withdraw — Meaning of Requirement to "Diligently Attempt" to Locate the Client: Caveman Foods, LLC v. Ann Payne's Caveman Foods, LLC, Civ. No. 2:12-1112 WBS DAD - Risk Management Issue: When a lawyer or law...more

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