News & Analysis as of

Civil Liability

Greenbaum, Rowe, Smith & Davis LLP

First Circuit Decision Regarding Anti-Kickback Statute Standard Widens Circuit Split and Creates Potential for Supreme Court...

The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more

Epstein Becker & Green

Shielding Reproductive Freedom: Uncovering New York’s Law Protecting Providers from Civil and Criminal Liability

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In the wake of the Dobbs decision, which eliminated the constitutional right to abortion, individual states were left to regulate or ban the procedure....more

Dacheng

Personal Liability under China’s Anti‑Monopoly Law: Administrative Fines, Civil Litigation, and Criminal Sanctions

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In the past half year of 2025, China’s antitrust watchdog has imposed fines on 11 individuals for antitrust violations, including sole proprietors, senior executives, and employees involved in cartels or obstruction of...more

A&O Shearman

ESMA final reports on the Prospectus Regulation and civil prospectus liability

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The European Securities and Markets Authority (ESMA) has published two final reports providing technical advice to the European Commission (EC). The final report on prospectus regulation forms part of ESMA's technical advice...more

Robins Kaplan LLP

Lifestyles of the Rich and Famous: Fiduciary Responsibility in the Spotlight

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Wealth and celebrity provide no immunity from the burdens of fiduciary responsibility. The more complex an estate or financial portfolio, the greater the opportunity for fiduciary breaches—whether through elder exploitation,...more

Fisher Phillips

The Surprising Ways Your Company Can Be Liable for Human Trafficking – And 4 Steps to Minimize Dangers

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The phrase alone – human trafficking – is enough to stir outrage, discomfort, or disbelief. What many employers may not realize, however, is that you do not have to be a “trafficker” to be held liable for trafficking....more

Whiteford

Client Alert: Heightened Enforcement Risk for Ineligible Recipients of Paycheck Protection Program Loans

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The United States Department of Justice (“DOJ”) has intensified civil fraud investigations aimed at borrowers who obtained Paycheck Protection Program (“PPP”) loans despite falling outside the class of entities Congress meant...more

Bradley Arant Boult Cummings LLP

Uncle RICO Gets the High Court Treatment: Cannabis Companies and Those Who Provide Services to Them May Be Subject to RICO Claims...

Recently, a divided United States Supreme Court held that a cannabis product manufacturer could face civil liability under the Racketeer Influenced and Corrupt Organizations Act (RICO) if a consumer suffered a personal injury...more

WilmerHale

Implications of EO 14157 and Recent “Foreign Terrorist Organization” and “Specially Designated Global Terrorist” Designations

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On January 20, 2025, President Donald J. Trump signed Executive Order 14157, “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists” (EO 14157)....more

Bracewell LLP

Trump Administration Efforts to Eliminate Cartels Pose Heightened Risk for Financial Institutions

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As discussed in Bracewell’s February 11 and February 26 updates, the executive branch is prioritizing the “total elimination” of cartels and transnational criminal organizations, both through edicts from the Oval Office and...more

A&O Shearman

The liability of statutory auditors in corporations: insights on the changes to the Italian civil code

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The imminent publication in the Official Gazette of the reform of Article 2407 of the Italian Civil Code heralds the making of significant changes to the civil liability of statutory auditors. The law, approved on March 12,...more

Blake, Cassels & Graydon LLP

Maple-Washing: Regulatory and Civil Liability Risks of Calling a Product Canadian

Canadian consumers have become increasingly supportive of buying homegrown products, scrutinizing product labels like never before. At the same time, Canadian businesses are working tirelessly to satisfy the surging demand...more

Foley & Lardner LLP

New Hampshire’s New “Guns at Work” Law: What Employers Need to Know

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New Hampshire has recently made headlines with its new statute allowing employees to bring firearms to work in certain circumstances, which became effective on January 1, 2025. The law, signed by Governor Chris Sununu, allows...more

Maynard Nexsen

2025 Alabama Legislative Update: Regular Session - Week Five

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Back The Blue Act - This week, the Alabama House of Representatives passed the Back the Blue Protection Act, sponsored by Representative Rex Reynolds and Senator Lance Bell, which aims to expand legal immunity for law...more

Lathrop GPM

Whistleblowers Get a Stronger Whistle: The False Claims Act Liability Under President Trump’s DEI Order

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One of the new administration’s Executive Orders, titled “Ending Illegal Discrimination and Restoring Merit-Base Opportunity,” has significant potential impact on companies operating diversity, equity and inclusion (DEI)...more

MG+M The Law Firm

Expanding PFAS Liability: City of Savannah, Georgia's Wake-Up Call

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The legal landscape surrounding per- and polyfluoroalkyl substances (PFAS) is rapidly evolving, with industrial users now facing heightened risks, even if they never directly manufactured these chemicals. This shift is...more

Jackson Walker

Texas Supreme Court Clarifies Limits on Business Fiduciary Duties

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On February 21, 2025, the Supreme Court of Texas delivered a significant ruling in the case of Pitts v. Rivas, addressing the issue of fiduciary duties within professional relationships. The Court concluded that no fiduciary...more

Husch Blackwell LLP

New York’s Grieving Families Act Vetoed for a Third Time

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On December 21, 2024, Governor Kathy Hochul of New York vetoed, for a third time, the Grieving Families Act (“Act”), a significant bipartisan legislative proposal in New York aimed at reforming the state’s wrongful death...more

Woods Rogers

Designating Cartels as Terrorists: Potential Impact on U.S. Businesses

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On his first day in office, President Trump signed an executive order (EO 14157) that sets in motion the designation of certain cartels and transnational crime gangs as terrorist organizations. The President declared a...more

Guidepost Solutions LLC

Mexican Cartels as Foreign Terrorist Organizations: A New Era of Risk for Global Businesses

On January 20, 2025, President Trump issued an executive order titled “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists.” This directive instructs the...more

WilmerHale

Antitrust Compliance: What to Know for 2025

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Active until its final day in office, the Biden administration focused intently on antitrust compliance programs. Most recently, antitrust enforcers made significant policy changes to their approach to evaluating corporate...more

Walkers

Jersey Company Law Series: Migration / Continuation – Moving companies to and from Jersey

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Effects of a company migration into - Jersey Steps to migrate a company out of Jersey...more

Walkers

Guernsey Company Law Series -​ Guide to amalgamating or merging companies

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Guernsey's flexible corporate regime allows all types of Guernsey companies to amalgamate (including non-cellular companies, protected cell companies and incorporated cell companies) - Amalgamations can also be carried out...more

Latham & Watkins LLP

New EU Product Liability Directive Comes Into Force

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The Directive expands the scope of liability to digital products (including AI systems), fulfilment service providers, and online platforms, while reducing the burden of proof for claimants. On 9 December 2024, the new...more

Husch Blackwell LLP

American Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants

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Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more

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