Also known as: safe harbor · safe-harbor · safe-harbors · safe harbour · safe harbours
Written by attorneys · grounded in primary & secondary sources — see below
A statutory or regulatory provision that shields a party from liability or adverse consequences when specified conditions are satisfied.
Stephen Shaw, a criminal defense attorney, gave a press conference criticizing the prosecution's evidence in a high-profile case. The state bar charged him under a trial publicity rule containing a safe harbor for statements made without elaboration. The disciplinary panel struggled to apply the safe harbor because the phrase provided no guidance on what counted as elaboration, leaving Shaw without fair notice of what speech remained protected.
Synergy Systems sought to fund a documentary critical of a candidate shortly before an election. Corporate counsel reviewed the FEC's standardized process for claiming that the communication fell within a safe harbor for issue advocacy rather than express advocacy. Because the company followed the defined criteria and documented its compliance, the FEC declined to pursue enforcement.
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Sabrina Shah, a Disney director, approved a lucrative compensation package for the CEO after receiving a compensation committee report and obtaining independent advice. When shareholders challenged the decision, the board invoked the procedural safe harbors recognized in corporate jurisprudence. The court found that the documented steps satisfied the safe harbor and shielded the directors from liability.
Skyline Construction operated a video-sharing platform that stored user-uploaded files. When copyright owners sued for infringement, the company demonstrated that it had implemented a notice-and-takedown policy and acted promptly on valid notifications. The court held that these steps placed the platform within the DMCA safe harbor for storage providers.
Sydney Santos, an investment analyst, received material nonpublic information from a corporate insider during a legitimate research call. She disclosed the information only after the company made a simultaneous public release. Because her conduct fit within the recognized safe harbor for analysts who obtain information through proper channels, the SEC brought no enforcement action.
Samantha Stone purchased shares in Sterling Manufacturing after the company made corrective disclosures that cured prior misstatements. When she later sued alleging fraud on the market, the company invoked the safe harbor that severs the presumption of reliance once the truth is publicly known. The court applied the safe harbor and dismissed the claim.
An ISP must adopt and reasonably implement a policy providing for termination of repeat infringers, accommodate standard technical measures, and act expeditiously to remove or disable access to infringing material upon proper notification.
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RULPA section 303(b) lists specific activities, such as serving as an officer of a corporate general partner or voting on major transactions, that do not constitute participation in control and therefore preserve the limited partner's liability shield.
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A safe harbor violates the First Amendment when its language, such as a prohibition on statements made without elaboration, fails to give fair notice of what speech is permitted and creates a risk of discriminatory enforcement against protected political speech.
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A creditor may rely on the safe harbors in section 9-627(b) by following one of the three statutory methods for conducting a disposition, such as selling in the usual manner in a recognized market, which protects the creditor even if a better price could have been obtained.
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…2d, at 1346, n. 9. In our view that does not resolve the issue. In any event, even if, as we doubt, homosexuals could find some safe harbor in laws of general application, we cannot accept the view that Amendment 2's prohibition on specific legal protections does no more than deprive homosexuals of special rights. To the…