This year has been active on the state “comprehensive” privacy law front. Seven states passed new laws in 2023 (Delaware, Iowa, Indiana, Tennessee, Montana, Florida, and Oregon). These states joined California, Connecticut, Colorado, and Virginia with laws already in effect. Soon, Utah will join the “active” law list when its privacy law comes into effect on December 31.
For companies complying with the laws already in effect, little additional steps need be taken for Utah. That said, with each new … Read the rest
I have been doing this kind of work for over 30 years and I seldom have seen such a detailed report as this done in any outbreak. Kudos to the folks at McHenry County and others involved in the investigation. Below are the bullet points – full report can be found HERE.
We do represent several of the kids impacted and will determine next steps after a few more reads of the report.
- The most likely mode of transmission of
Authors: Belinda Marsh, Partner and Merisa Raic, Special Counsel.
The ACNC has published its first decision summary which is part of the new ACNC Secrecy Reforms Project (the Project).
The ACNC received funding in the 2023-24 Budget for the project with the aim of improving transparency and providing more information to the charity sector relating to the ACNC’s regulatory and compliance activities.
The first published de-identified decision from the Project relates to an application for registration as a charity of an organisation … Read the rest
Public company D&O insurance policies provide entity coverage (that is, insurance for the benefit of the insured organization) only for “Securities Claims.” But what is a “Securities Claim”? That is the question that Delaware’s courts have grappled with in a long-running dispute between the telecommunications company Verizon and its insurers.
The Delaware Superior Court had held in the ongoing dispute that a litigation trustee’s state law fraudulent transfer claims against Verizon were derivative claims and therefore qualified as a Securities … Read the rest
Amid the current market uncertainties, distressed asset sales are likely to rise. International investors are looking for efficient solutions, preferably ones that reflect solutions in their home jurisdictions. One popular mechanism is the use of pre-pack sales. A pre-pack sale manages the adverse impact of insolvency proceedings on the distressed company’s business, while reducing the time and cost of such proceedings, and offering greater asset realisation to be distributed among creditors.
Under Polish law, a prepared liquidation, or a “pre-pack”, … Read the rest
On 31 August 2023 the Supreme Court of Maryland held (overruling a previous decision) that there is no distinction between the ‘managerial’ and ‘non-managerial’ duties of directors of a Maryland corporation and said that the “sole source of the duties of the director is found in section 2-401.1 of the Maryland General Corporation Law (MGCL) which places the powers of the corporation in the hands of the directors.
The case involved a preliminary dispute regarding the framing of the causes of action … Read the rest
On 28 November 2023, Baroness Young of Hornsey introduced the Commercial Organisations and Public Authorities Duty (Human Rights and Environment) Bill (the “Bill”) to the House of Lords. If passed, the Bill would introduce mandatory human rights and environmental due diligence (“HREDD”) into UK law.
The description of “reasonable” HREDD set out in the Bill is consistent with the standards set out in the UN Guiding Principles and existing and draft legislation in other jurisdictions (including … Read the rest