Section 703 – Components of a cybersecurity program eligible for an affirmative defense.
Effective 5/5/2021 78B-4-703. Components of a cybersecurity program eligible for an affirmative defense. (1) Subject to Subsection (3), a person’s written cybersecurity program reasonably conforms to a recognized cybersecurity framework if the written cybersecurity program: (a) is designed to protect the type of personal information obtained in the breach of system security; and (b) (i) […]
Section 704 – No cause of action.
Effective 5/5/2021 78B-4-704. No cause of action. This part may not be construed to create a private cause of action, including a class action, if a person fails to comply with a provision of this part. Enacted by Chapter 40, 2021 General Session
Section 705 – Choice of law.
Effective 5/5/2021 78B-4-705. Choice of law. A choice of law provision in an agreement that designates this state as the governing law shall apply this part, if applicable, to the fullest extent possible in a civil action brought against a person regardless of whether the civil action is brought in this state or another state. […]
Section 706 – Severability clause.
Effective 5/5/2021 78B-4-706. Severability clause. If any provision of this part, or the application of any provision of this part to any person or circumstance, is held invalid, the remainder of this part shall be given effect without the invalid provision or application. Enacted by Chapter 40, 2021 General Session
Section 604 – Measure of liabilities.
78B-4-604. Measure of liabilities. (1) Except as further limited in Subsection (2), the cumulative successor asbestos-related liability of a successor is limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. A successor does not have responsibility for successor asbestos-related liability […]
Section 605 – Establishing fair market value of total gross assets.
78B-4-605. Establishing fair market value of total gross assets. (1) A successor may establish the fair market value of total gross assets for the purpose of the limitations under Section 78B-4-604 through any method reasonable under the circumstances, including: (a) by reference to the going concern value of the assets or to the purchase price […]
Section 606 – Adjustment.
78B-4-606. Adjustment. (1) Subject to Subsections (2) through (4), the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of: (a) the prime rate as listed in the first edition of the Wall Street Journal published for each calendar […]
Section 607 – Scope.
78B-4-607. Scope. (1) Courts of this state shall construe this part liberally with regard to successors. (2) This part shall apply to an asbestos claim filed against a successor on or after May 8, 2012. This part shall apply to a pending asbestos claim against a successor in which trial has not commenced as of […]
Section 702 – Affirmative defense for a breach of system security.
Effective 5/5/2021 78B-4-702. Affirmative defense for a breach of system security. (1) A person that creates, maintains, and reasonably complies with a written cybersecurity program that meets the requirements of Subsection (4), and is in place at the time of a breach of system security of the person, has an affirmative defense to a claim […]
Section 518 – Limitation on liability of employer for employee convicted of offense.
Affected by 63I-1-278 on 7/1/2025 Effective 5/4/2022 78B-4-518. Limitation on liability of employer for employee convicted of offense. (1) As used in this section: (a) (i) Except as provided in Subsection (1)(a)(ii), “employee” means an individual whom an employer hired for compensation to perform services. (ii) “Employee” does not include an independent contractor as defined […]