BREACH AT X • What are the people‚ work processes and technology failure points that require attention? • What practices led to the security breach in TJX and why did such a smart andprofitable organization as TJX face such a situation? • Was TJX a victim of ingenious cyber crooks or did it create risk by cutting corners? Background a. Describe the company/department History 1. TJX was the largest apparel and home fashion retailer in United States
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Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted purely
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issues to be discussed. The first issue is what have Don breached his directors’ duties under the act in good faith and best interest of the company as well as disclosure personal interest. The second issue is possible remedies for Bryan while he has been conducted unfair and oppressive. ISSUE 1: WHAT HAS DON BREACHED? Fiduciary duties to disclose personal interests Directors are under both fiduciary and statutory duties to avoid conflicts between their personal interests and the interests of the company
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logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham‚ North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All
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❖ S 9: “Officer” includes directors‚ secretaries‚ receivers‚ administrators‚ liquidators‚ administrating trustees. ❖ S 9: “Director” includes shadow & de facto directors. enforcement of directors’ duties enforcement of statutory duties Civil penalties Who may apply for a Declaration or Order? ❖ S 1317J(1): ASIC may apply for a declaration of contravention‚ a pecuniary penalty order or a compensation order. ❖ S 1317J(2): The company may apply for a compensation order. ❖
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Deirdre Mulligan‚ the faculty director at the Berkeley Center for Law and Technology. “[This] means the number of instances where we might have a breach is going up.” On the following pages‚ InsideCounsel takes a look at fallout from some major data breaches‚ recent legislative and regulatory developments in data privacy law and ways to prevent a data breach before it’s too late. Data Disasters A “global cyber fraud operation” sounds like something straight out of a James Bond movie. But when cyber
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Breach of Contract: 1. How the contract was allegedly breached‚ 2. What defenses may be available to the defendant‚ and 3. What remedy (or remedies) may be available to the Plaintiff. Charlize Theron has settled the $20 million breach of contract lawsuit against her‚ according to papers filed in Manhattan Federal Court Monday. The suit was filed last year‚ when Swiss watchmaker Raymond Weil claimed that Theron had worn a Christian Dior watch during a press event in 2006‚ despite being paid
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SERGIO F. NAGUIAT‚ doing business under the name and style SERGIO F. NAGUIAT ENT.‚ INC.‚ & CLARK FIELD TAXI‚ INC.‚ petitioners‚ NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION)‚ NATIONAL ORGANIZATION OF WORKINGMEN and its members‚ LEONARDO T. GALANG‚ et al.‚ respondents. FACTS: Naguiat is the president and a stockholder of Clark Field Taxi‚ Inc. (CFT). Due to the phase-out of the US bases in the country‚ Clark Air Base was closed and the taxi drivers of CFTI were separated from service.
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MALICE IN THE LAW OF TORTS I MR. JUBTICE MCCARDIoEn ce complained about the word “ malice ” that it had been the subject of “ a regrettable exuberance of definition.”’ There can be little doubt that this complaint was justified. Despite the well-known division and discussion by Bayley J. of “ malice in fact ” and “ malice in law‚” ’ which can be taken as the starting point of modern analysis of malice‚ other judges have not hesitated to enlarge upon the possible meanings of malice‚ until
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Breach of Confidentiality Advanced Healthcare has strong emphasis on patient satisfaction‚ convenience and patient privacy. Advanced Healthcare has an EMR and LIS. Advanced Healthcare is a mid-size clinic with an Urgent Care Clinic. The staff in smaller clinics often has multiple functions. The employee involved was a lab tech who generally worked nights and weekends to support Urgent Care. She had access to Electronic Medical Record to be able to search for lab orders. During implementation phase:
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