Cross-Post from cleveland.com: Why are supply chains broken? Blame the ‘black swan’ tsunami: Sarah Rathke

This is a Cross-Post from The Plain Dealer and cleveland.com.  Please contact Sarah Rathke with any questions.

In this article written by partner Sarah Rathke, she explains dramatic strain COVID-19 has put on our logistics networks worldwide and the “‘black swan’ tsunai” effecting today’s global supply-chain.

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D&O Insurance: Delaware Court Applied “Meaningful Linkage” Interrelated Claims Test

In a November 30, 2021 opinion (here), a Delaware Superior Court judge, applying Delaware law, held that the later investigations of the insured policyholder by two regulatory agencies were unrelated to an earlier investigation of the company by one of the agencies. In making this “relatedness” determination, the court declined to apply the “fundamentally identical” standard that some Delaware courts have applied to relatedness issues, but instead applied a “meaningful linkage” test. Because relatedness disputes are so frequent, and because … Read the rest

Federal Financial Regulators Tighten Timelines for Reporting Ransomware Attacks

As anticipated, the Office of the Comptroller of the Currency, the Federal Reserve Board, and the FDIC recently approved and released the Final Rule Requiring Computer-Security Incident Notification (“Final Rule”).  The Final Rule is designed to promote early awareness and stop computer security incidents before they become systemic.  It places new reporting requirements on both U.S. banking organizations, as well as bank service providers.  We have blogged repeatedly on the pernicious issue of ransomware.

The Final Rule applies to “banking organizations”

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Cross-Post from Restructuring GlobalView Blog – Supply Chain Risk and Increasing Costs: How Are UK Businesses Building Resilience?

This is a Cross-Post from the Restructuring GlobalView Blog.  Please contact Simon Garbett with any questions. 

Partner Simon Garbett discusses the impact on the supply chain following the lifting of the coronavirus restrictions in the UK.  To learn how UK businesses are addressing the supply chain issues, read the full article here.

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Conagra recalls Birds Eye tots because of consumer complaints of injuries

Reports of injuries have led Conagra Brands to recall certain lots of frozen Birds Eye broccoli tots because of small rocks and metal fragments in the product.

“Conagra has received two reports to date of injury — dental damage — associated with the recalled product,” according to the company recall notice posted by the Food and Drug Administration. “Conagra Brands was made aware of this issue through calls from consumers.”

Conagra did not report where the product was distributed or … Read the rest

Shining a light (Bulb) on energy supply company failure, SoLRs and special administration

As has been widely reported, the recent energy price volatility (coupled with the price cap limiting suppliers’ ability to pass increased costs on to consumers) has caused a number of energy supply company failures. Yesterday saw the announcement of the collapse of Bulb, one of the UK’s largest energy suppliers, with it being due to be placed into special administration very shortly.

This is the first energy special administration we’ve seen. So how are the insolvency rules different for energy … Read the rest

US Federal Labor Viewpoints – Week of November 8, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 8, 2021.

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In this issue, we cover:

  • U.S. Economy Update
  • Federal Vaccine Mandate Legal Challenges Update
  • Other General COVID-19 Updates
  • U.S. Agencies Promote Workers’ Rights
  • Proposal to Rescind Religious Exemption Final Rule

Both chambers of the U.S. Congress were in recess this week in observance of Veterans Day.  Lawmakers return to … Read the rest

Minimal Award for Motorcyclist’s Pain and Suffering Increased

On August 26, 2016, Vincent Madia was injured in a collision between his motorcycle and a taxi at the intersection of Fish and Waring Avenues in the Bronx.

In the ensuing trial, the jury awarded pain and suffering damages in the sum of $ 5,000 (past only – three years). In her post-trial decision on plaintiff’s motion to increase the award, the trial judge determined that $ 250,000 for past pain and suffering is reasonable. The judge did not … Read the rest