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New York AG Schneiderman Announces $100,000 Settlement Over Data Security Practices
  • Buckley LLP
  • USA
  • August 12 2016

On August 5, New York AG Schneiderman announced that an online retailer will pay $100,000 in penalties to settle allegations that its weak security

Must try harder: ASIC’s Half Term Report Card
  • Corrs Chambers Westgarth
  • Australia
  • August 9 2016

Fair, orderly and transparent. These were the key words when ASIC Chairman Greg Medcraft commented on ASIC’s enforcement goals amid the Oliver Curtis

Federal district court partially tosses malpractice claims against enviro engineers
  • Taft Stettinius & Hollister LLP
  • USA
  • October 27 2011

A federal district court dismissed a lender’s claims for negligent misrepresentation and strict products liability against two environmental engineering firms related to a brownfield redevelopment project involving an old landfill, but allowed other claims seeking damages in excess of $10 million to continue against the firms for CERCLA cost recovery, breach of contract, and negligence.

Parent company’s motion to dismiss claim of breach of fiduciary duty denied
  • Reed Smith LLP
  • USA
  • September 14 2011

The spun-off subsidiary sued its parent for breach of fiduciary duty, and sued the corporation that acquired its parent shortly after the spin-off for civil conspiracy and aiding and abetting a breach of fiduciary duty.

Unfair contracts - Informax v Clarius revisited
  • Norton Rose Fulbright
  • Australia
  • September 2 2011

In Informax International Pty Limited v Clarius Group Limited 2011 FCA 934 (18 August 2011) (Informax No.2), the Federal Court of Australia has confirmed that the unfair contract provisions of the Independent Contractors Act 2006 (the IC Act) do not provide the Court with an ability to retrospectively amend a contract.

Cost recovery not allowed from purchaser’s escrow
  • Taft Stettinius & Hollister LLP
  • USA
  • July 12 2011

On June 21, 2011, the Fifth Circuit Court of Appeals ruled in In re Evans Industries, Inc., that a purchaser of assets from a bankrupt company cannot make a claim against a holdback escrow account for expenses incurred while cleaning up hazardous waste that the bankrupt company left behind.

Fifth Circuit affirms denial of remediation cost claim from bankrupt company’s escrow account
  • Shook Hardy & Bacon LLP
  • USA
  • July 1 2011

The Fifth Circuit Court of Appeals has affirmed decisions of the bankruptcy court and a federal district court that the purchaser of a bankrupt company’s assets cannot recover the costs of environmental remediation from an escrow account established as part of the purchase agreement.

Insurance company acts in bad faith by refusing to defend environmental claims
  • Taft Stettinius & Hollister LLP
  • USA
  • April 12 2011

On March 17, 2011, an Indiana trial court found that an insurance company acted in bad faith as a matter of law when it refused to defend its insured, 1100 West, LLC ("1100 West"), against two third-party claims seeking the cleanup of environmental contamination on 1100 West's property.

Defects in new buildings
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 31 2011

Generally when we purchase cars, home entertainment systems and other high value or complex goods, we do not expect there to be any faults in them, and in the unlikely event that problems do occur, we usually have a robust guarantee to call upon in order to get the problem resolved.

Berendsen appeal to Supreme Court discontinued
  • Osler Hoskin & Harcourt LLP
  • Canada
  • February 7 2011

The Supreme Court of Canada website has recently posted that the Berendsen appeal (from the Ontario Court of Appeal) has been discontinued.