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Negligence Fraud

Akin Gump Strauss Hauer & Feld LLP

Cybersecurity After SolarWinds: Practical Guidance for CISOs Under the New Rules

Judge Engelmayer’s 107-page dismissal of most of the U.S. Securities and Exchange Commission (SEC)’s claims against SolarWinds provides valuable guidance, and some comfort, for public companies and Chief Information Security...more

Smith Debnam Narron Drake Saintsing & Myers,...

Effective Strategies for Handling Construction Defect Claims

In 2022, North Carolina was bustling with new construction projects, ranking as the sixth highest state for newly built homes. With so much building going on, construction defect claims are bound to pop up. These claims can...more

Goldberg Segalla

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

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The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 12

Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more

Melito & Adolfsen

Accidents, pain, lawsuits, doctors and lawyers. Is the pain real? The Nail Gun Story.

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Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the...more

Freiberger Haber LLP

The Assignment Of Litigation Rights And Champerty

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It is not often that we examine a case involving the doctrine of champerty. The last time we did so was on March 8, 2023 (here). We also examined the champerty doctrine in 2021 (here), 2020 (here), and 2016 (here)....more

Dechert LLP

Dechert Re:Torts - Issue 14

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A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law - Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...more

Rivkin Radler LLP

NY Nursing Home Settles Fraud Suit

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On March 4, the New York Attorney General announced an $8.6 million settlement with Fulton Commons Care Center, a nursing home located in East Meadow, NY. The settlement resolves an action brought against Fulton in 2022...more

Constangy, Brooks, Smith & Prophete, LLP

SolarWinds case could establish SEC liability for CISOs

On October 30, 2023, the Securities and Exchange Commission filed a securities fraud claim in federal court in the Southern District of New York against SolarWinds Corporation as well as its Chief Information Security...more

Ankura

Patisserie Valerie: How the Allegations Unfolded

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Patisserie Valerie is a British patisserie and café chain. In 2018, the company found itself at the centre of an alleged accounting scandal. In 2019, Patisserie Valerie announced that its board had been notified of accounting...more

Torres Trade Law, PLLC

What You Need to Know about 19 USC 1592

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In 2022, Customs and Border Protection (“CBP” or “Customs”) processed $3.35 trillion in imports, issued 2,121 penalties, and collected $19.3 million from penalties and liquidated damages. Section 1592 of the Tariff Act of...more

Seward & Kissel LLP

Leash the Kraken: SEC Sues Kraken

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On November 20, 2023, the SEC filed a complaint in the United States District Court for the Northern District of California against Payward, Inc. and Payward Ventures, Inc. which, together, do business as Kraken. The...more

White and Williams LLP

Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services

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In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims...more

Latham & Watkins LLP

Food for Thought: Individuals Remain in SFO’s Sights as Four From Patisserie Valerie Charged With Fraud

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Individuals continue to face risk from prosecutions for economic crime, despite media focus on corporate criminal liability reforms. Four individuals have today appeared at Westminster Magistrates’ Court charged with fraud...more

Goldberg Segalla

Court Issues Final Orders Regarding Various Motions of Automotive Defendants

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Jurisdiction: Superior Court of California, County of Los Angeles - Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative...more

Cadwalader, Wickersham & Taft LLP

Oregon County Sues Fossil Fuel Companies and Consulting Firm For Damages Related to 2021 ‘Heat Dome’

In a civil suit filed in Oregon state court in June 2023, an Oregon county is suing more than a dozen large oil, gas and coal companies, seeking more than $50 million in damages, in connection with a 2021 “heat dome” and...more

Goldberg Segalla

Plaintiffs’ Fraud and Loss of Consortium Claims in Shipyard Action Dismissed; Various Other Claims Remain

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U.S. District Court for the Southern District of California - In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980...more

Ius Laboris

Who needs an anti-money laundering officer?

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Both individuals and companies risk severe penalties if they contribute to money laundering, even if the contribution is the result of negligence. By appointing an anti-money laundering officer organisations will reduce their...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

Holland & Hart LLP

SCOTUS: Bankruptcy Doesn't Erase Debts Incurred by the Fraud of Another

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The United States Supreme Court recently answered the question of whether a debtor in bankruptcy can discharge a debt resulting from another person’s fraud, even if the debtor is not aware of the fraud. On February 22, 2023,...more

Maron Marvel

The Supreme Court of South Carolina Grants Certiorari in Jolly v. Gen. Elec. Co., Agreeing to Review Setoff Calculation and...

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On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...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

King & Spalding

District of Maryland Holds that “Specific Evidence” Must be Presented to Prove Lender Knowledge of Loan Applicant Fraudulent...

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On April 1, 2022, the U.S. District Court for the District of Maryland granted in part and denied in part motions for summary judgment brought by lenders on claims against them for alleged participation in fraud by a borrower...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Groundwater Contamination/Dry Cleaners: Alaska Supreme Court Addresses Whether Seller Had a Duty to Disclose

The Alaska Supreme Court (“Court”) addressed in a December 30th opinion issues arising out of the purchase of a property that had groundwater contamination. See Gavora, Inc. v. City of Fairbanks, 502 P.3d 410. ...more

King & Spalding

Apparel Companies Facing Increasing PFAS Litigation

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Last week, we highlighted a wave of litigation targeting underwear manufacturers. This week, litigation activity is now focusing on outerwear. On April 25, 2022, the same firm behind several of the underwear complaints...more

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