News & Analysis as of

Corporate Counsel Private Right of Action

Miller Canfield

Massive Damages in U.S. Trade Secret Cases Signal High Stakes for Businesses

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Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more

Kelley Drye & Warren LLP

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to...more

Davies Ward Phillips & Vineberg LLP

Expanded Scope for Private Actions Under Canada's Competition Act Now in Effect

Amendments to the Canadian Competition Act (Act) that came into effect on June 20, 2025 significantly expand the rights and incentives for private parties to seek orders from the Competition Tribunal (Tribunal). Among other...more

WilmerHale

Year in Review: 2024 CCPA Litigation Trends

WilmerHale on

While the California Consumer Privacy Act (CCPA) is most known for its extensive privacy compliance obligations, the law also provides for a limited private right of action for certain security-related breaches....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Publishes Updated FAQs for Earned Safe and Sick Time Act

On September 26, 2024, New York City published updated frequently asked questions (FAQs) for the New York City Earned Safe and Sick Time Act (ESSTA) in light of the New York City Department of Consumer and Worker Protection’s...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Burr & Forman

Vermont Slated to Grant a Private Right of Action to Consumers in New Data Privacy Bill

Burr & Forman on

As Vermont joins the growing number of states with comprehensive consumer data privacy laws, it stands out from the crowd with the ability of Vermonters to bring a private right of action (PRA) against large data holders. In...more

Herbert Smith Freehills Kramer

States Take Varying Approaches to AI Regulation

Since the rise of ChatGPT in late 2022, state lawmakers have tried various strategies to regulate artificial intelligence (AI), with mixed outcomes. At least 25 states, Puerto Rico and the District of Columbia introduced AI...more

Wiley Rein LLP

10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

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Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more

Benesch

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

Benesch on

The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

ArentFox Schiff

New York City Will Allow a Private Right of Action for Violations of Earned Sick and Safe Time Act

ArentFox Schiff on

Effective March 20, New York City will allow “any person” to bring a private right of action for violations of the Earned Sick and Safe Time Act. As a result, New York City employers are encouraged to review their safe and...more

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

Fisher Phillips on

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

King & Spalding

Is Illinois’ GIPA the Next BIPA?

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Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more

Proskauer - Law and the Workplace

New York City Council Establishes Private Right of Action for NYC Earned Safe and Sick Time Act Violations

The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on...more

Husch Blackwell LLP

Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

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In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private...more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more

Littler

New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

Littler on

On December 20, 2023, the New York City Council passed a bill (Proposed Int. No. 563-A) that would create a private right of action to seek damages and other relief for violations of New York City’s Earned Safe and Sick Time...more

Mintz - Privacy & Cybersecurity Viewpoints

2023 Round-Up on State Consumer Data Privacy Laws

Looking back sometimes means looking forward. That is absolutely the case for new comprehensive data privacy statutes enacted in a number of U.S. states during 2023, including Indiana, Tennessee, Montana, Florida, Texas and...more

Davies Ward Phillips & Vineberg LLP

A New Era for Canadian Competition Law: Landmark Proposed Changes to the Competition Act Announced

The government announced significant additional amendments to Canada’s Competition Act in late November 2023, building on those already under consideration by Parliament in Bill C-56 and others enacted in 2022. More...more

Axinn, Veltrop & Harkrider LLP

Motorola v. Hytera: Seventh Circuit Set to Hear Arguments on the Extraterritorial Reach of DTSA

On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning the application of the federal Defend Trade Secrets Act (“DTSA”) to trade secrets taken...more

Paul Hastings LLP

Preparing for New State Privacy Laws in 2024

Paul Hastings LLP on

As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...more

Davis Wright Tremaine LLP

Delaware's New Personal Data Privacy Act

The Delaware Personal Data Privacy Act (DPDPA or Act) became law on September 11, 2023, making Delaware the 13th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut,...more

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