Searching Content indexed under Professional Negligence by Morrison & Foerster LLP ordered by Published Date Descending.
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Recovery For Negligent Infliction Of Emotional Distress Under California Law Gains A Greater Clarity
Determining the set of circumstances sufficient to permit recovery for serious emotional distress caused by the negligence of another when there is no physical injury has proved to be a difficult task.
United States
4 Mar 2015
Financial Advisor Held Liable For Aiding And Abetting Target Board’s Breach Of Fiduciary Duties
The Delaware Court of Chancery recently held a financial advisor liable for aiding and abetting breaches of fiduciary duty by the board of directors.
United States
25 Mar 2014
"Lance v. Wyeth": A New Cause Of Action In Pennsylvania?
Issuing an opinion over two years after oral argument, the Pennsylvania Supreme Court ruled last week in "Lance v. Wyeth" that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs.
United States
3 Feb 2014
California Court Limits CMIA Claims
The California Court of Appeal recently limited plaintiffs' ability to state a claim under the California Medical Information Act, and the ability to get statutory damages.
United States
29 Oct 2013
"Stengel" Tangles MDA Preemption: Ninth Circuit Decision Creates Split On "Buckman" Preemption Of Post-Market Reporting Requirements
Last week the Ninth Circuit created a new state-law cause of action against medical device manufacturers: "failure to warn the FDA."
United States
22 Jan 2013
Second Circuit Decision “Squarely Holds” Accountants May Be Primarily Liable Under Federal Securities Laws
In a decision issued yesterday, the Second Circuit held that an accountant has a duty to correct its certified opinions, and may incur primary liability under § 10(b) and Rule 10b-5 if it fails to fulfill that duty in certain circumstances. The decision, written by C.J. Straub, claims to be the first in this Circuit to squarely hold that an accountant has such a duty or may be primarily liable under federal securities laws.
United States
6 Mar 2007
Do Employers Have A Duty To Monitor Employees´ Internet Activities?
In a case with potential national implications, a New Jersey court recently held in a case of first impression that employers have a legal obligation to investigate an employee’s activities when they know or have reason to know that the employee is using a workplace computer to access child pornography.
United States
12 Jul 2006
Data Security: The Time Is Now
As we pass the midpoint of 2005, identity theft and information security issues are reaching critical mass in politics, law enforcement and the media. When corporate officers and attorneys return from their summer vacations, they will find a high-risk environment for any company that has failed to make data security a top priority.
United States
19 Jul 2005
Cal/OSHA Regulations Are Now Evidence of Negligence Per Se in Third-Party Tort Actions
The California Supreme Court recently ruled in Elsner v. Uveges (2004) 34 Cal. 4th 915, that the regulations of the California Occupational Safety and Health Act ("Cal/OSHA") are admissible in negligence actions against private third parties. This overturns a long-standing rule in existence since the inception of the Cal/OSHA program and may lead to significant liability for employers, and, at the least, more entanglement in lawsuits in the future.
United States
6 Apr 2005
Employment Law Commentary
Over the past few months, employers have been creating more jobs and hiring more employees. With more employment opportunities available, employees are more mobile than they have been in recent years. However, as employee mobility increases, so do employer concerns about the possible disclosure of trade secrets when employees leave to join other companies
United States
16 Apr 2004
"Spinning" IPO Shares: The eBay Decision
The Delaware Court of Chancery recently decided In re eBay, Inc. S’holders Litig., No. 19988-NC, 2004 Del. Ch. LEXIS 4 (Del. Ch. Jan. 23, 2004) on the alleged practice of "spinning" IPO shares. The case is notable both because of its strong language regarding the practice and because it lowers the barriers for plaintiffs to show that plaintiffs are not required to make a "demand" on the Board of Directors before filing suit.
United States
10 Feb 2004
California Supreme Court Provides New "Defense" for Sexual Harassment Claims
In late November, the California Supreme Court delivered a near unanimous decision (written by Justice Kennard with Justice Moreno in concurrence) in the case of State Department of Health Services v. Superior Court, 31 Cal. 4th 1026 (2003), confirming strict liability of employers for the existence of hostile environments in their workplaces, i.e., harassment, but creating a potential bar to the recovery of damages that otherwise could have been afforded the plaintiff, if those damages could ha
United States
13 Jan 2004
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