Academic literature on the topic 'Liability benchmark'

This chapter explores the institutional culture of American maternity care and analyzes the common belief that malpractice lawsuits are arbitrary, unpredictable, and irrational threats. The high cost of liability insurance, the impossibility of guaranteeing perfect outcomes, and knowledge of lawsuits or experience with claims has produced a culture of anxiety and risk avoidance among obstetricians. At the same time, the rate of malpractice lawsuits has declined over time, largely because the cost of pursuing a case is very high. Healthcare professionals also wield enormous power to define the standard of care, which is the benchmark for medical negligence. Rather than many lawsuits being frivolous, there are many genuine victims of negligence who cannot find legal representation.

Chapter 3 tackles the manifold constraints on the outsourced legal translation process, including various types of norms. The author presents a practice-based model dividing these constraints into three categories—those applying upstream, during, and downstream of translation performance. Each category is further enumerated, and the crosscutting issues of logistics and briefing inadequacies are also discussed. To add further depth to the model, a distinction is drawn between constraints on textual agency and those on relational agency. Fitness-for-purpose is explored as a quality assessment benchmark, particularly in relation to insufficiently briefed assignments and translator liability. The model has potential for application both in theoretical and practical environments, to elucidate difficulties, refine interactions, and achieve more effective client-translator and translator-client dialogues.

Germany is currently ranked among the top 12 in the Transparency International Corruption Perception Index. The country achieved this ranking through substantial efforts in the last decades in legislation, in society, and in the business sector. Today, the corporate compliance management systems of many major German corporations serve as a benchmark in the corporate world. But there is still a lot of work to do. Germany does not yet have a corporate criminal code that holds legal entities criminally liable for corruption-related offenses. German authorities still do not have a uniform and standardized procedure for acknowledging adequate compliance management systems as an affirmative defense or mitigating factor to decrease administrative fines. Although repeatedly requested by the OECD, Germany also still lacks an express and explicit law that grants specific protection to whistle-blowers from retaliation in the private sector, though many German corporations have already set up highly sophisticated whistle-blower systems. This chapter provides an overview on the most important statutory provisions and draft bills with regard to anti-corruption in Germany. Further, the chapter discusses how companies in Germany can take appropriate measures in order to navigate safely through the challenges of corruption-related liability in today’s competitive business environment.

This chapter provides an overview of how the scope and application of the Prospectus Regulation is affected by other EU laws. It reveals that the content and format of prospectuses is not only subject to the Prospectus Regulation, but also other EU laws and policy leave their imprint on prospectuses, as well as EU regulations on market abuse, benchmarks, credit rating agencies, and securitisation. Also the Take-over Bid Directive and European Central Bank (ECB) monetary policy for the Eurosystem drive disclosure in prospectuses. With the prospect of a hard Brexit hanging over the international capital markets in much of 2019, this chapter also briefly discusses approaches in the EU27 and the United Kingdom (UK) to prospectus regulation post-Brexit. Whereas currently an approved prospectus benefits from passporting rights to all other EU jurisdictions, in case of a hard Brexit, the EU capital markets will become fractured, with securities offerings and listings in both the remaining EU jurisdictions (EU27) and in the UK requiring their own prospectus approvals, unless a Brexit deal is reached whereby the Prospectus Regulation would continue to apply to the United Kingdom.