News & Analysis as of

Negligence Employee Misconduct

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

McAfee & Taft on

A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Adopts Rules To Prohibit Fraud Related to Security-Based Swaps and Exertion of Undue Influence Over SBS Swap Dealer CCOs

On June 7, 2023, the Securities and Exchange Commission (SEC) adopted two new rules to address misconduct in the security-based swaps market. The first rule prohibits fraud, manipulation and deception in connection with...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

BCLP

Recent Hong Kong Court decision on a bank’s liability on its employee’s fraudulent conducts

BCLP on

What happens when a Bank’s customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank?...more

Hogan Lovells

"Too good to be true" – Hong Kong court finds bank not liable for fraudulent investment introduced by employee

Hogan Lovells on

The court in Luk Wing Yan v. CMB Wing Lung Bank Ltd. [2021] HKCFI 279 found the defendant not liable for the actions of one of its employees who fraudulently offered investments which caused loss to the plaintiff. ...more

Robinson+Cole Data Privacy + Security Insider

Frequency and Cost of Insider Threats Continue to Increase

The Ponemon Institute recently issued its 2020 Cost of insider Threats Global Report, which finds that the frequency and cost of insider threats is continued to increase. Sponsored by ObserveIT and IBM, the 2020 report is the...more

FordHarrison

Amazon Studios’ The Boys Illustrates Potential Vicarious Liability for Employers

FordHarrison on

Warning: Contains spoilers for Amazon Studios’ The Boys. Within the past week or so, I started to watch an Amazon Studios television series called The Boys. Based on a comic book series of the same name, The Boys posits a...more

Dorsey & Whitney LLP

The Supreme Court - April 29, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued the following decision this morning: Thacker v. TVA, No. 17-1201: The Tennessee Valley Authority (“TVA”) is a federally-created and Government-owned corporation that...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Thacker v. Tennessee Valley Authority

On April 29, 2019, the Supreme Court of the United States decided Thacker v. Tennessee Valley Authority, No. 17-1201, holding that the “sue-and-be-sued” clause that waives the Tennessee Valley Authority’s (TVA) sovereign...more

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