News & Analysis as of

Damages Private Right of Action

Kelley Drye & Warren LLP

Private Right of Action Exposure Increase: Texas Expands Damages for Telemarketing Violations Effective September 1, 2025

A bill recently enacted in Texas (SB140) will enhance the ability of individual consumers to seek damages for violations of various aspects of the state’s telemarketing laws. The changes adopted impact the following...more

Blake, Cassels & Graydon LLP

Régime d’accès privé de la Loi sur la concurrence : Élargissement du champ d’application et nouvelle indemnisation pécuniaire

Des modifications à la Loi sur la concurrence (la « Loi ») qui élargissent le régime d’accès privé (le « régime ») de cette dernière sont entrées en vigueur le 20 juin 2025 (les « modifications »). Aux termes des...more

Blank Rome LLP

Texas SB140: Changes to Telemarketing Law May Reshape Compliance and Litigation Risks

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Texas is poised for a significant overhaul of its telemarketing regulations with the anticipated enactment of Senate Bill 140 (“SB140”). Awaiting Governor Abbott’s signature and scheduled to take effect on September 1, 2025,...more

Proskauer - Law and the Workplace

Labor Law Amendments Limit Damages for Violation of New York’s Weekly Pay Law

As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more

A&O Shearman

Private damages activity escalates across key jurisdictions

A&O Shearman on

In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

Davis Wright Tremaine LLP

Illinois Revises Biometrics Law To Reduce the Prospect of "Ruinous" Damage Awards

In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more

Foley & Lardner LLP

Learn About Data Privacy and How to Navigate the Information Security Regulatory Landscape

Foley & Lardner LLP on

Insights for this month’s article are provided by ARDA members Gregory Szewczyk, partner at Ballard Spahr Practice Leader of the firm’s Privacy and Data Security Group, and Aaron Tantleff, partner in Foley & Lardner’s...more

Tarter Krinsky & Drogin LLP

The New York Frequency of Pay Controversy Heats Up

In 2019, the stakes for New York employers increased dramatically with respect to "late" payment of wages claims (also known as "frequency of pay" claims) under the New York Labor Law (NYLL). Following a decision by New...more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

White & Case LLP on

California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Constangy, Brooks, Smith & Prophete, LLP

NY appeals court says manual workers can‘t sue for being paid biweekly rather than weekly

On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...more

Proskauer - California Employment Law

In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than...

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more

Perkins Coie

Washington State Releases Guidance on New Job Posting Requirements

Perkins Coie on

In April 2022, we wrote about the upcoming amendments to Washington's Equal Pay and Opportunity Act (EPOA). The EPOA amendments require most employers who engage in business in Washington state to include pay ranges and...more

Dorsey & Whitney LLP

The New York Hero Act, Effective this Week, Mandates Permanent New Health and Safety Measures for Private Employers

Dorsey & Whitney LLP on

The New York Health and Essential Rights Act (“Hero Act” or “Act”), which requires every private employer, regardless of size, to establish an infectious disease safety plan, goes into effect today, June 4, 2021.  The Hero...more

Husch Blackwell LLP

Status Of Proposed CCPA-Like State Privacy Legislation As Of March 29, 2021

Husch Blackwell LLP on

Keypoint: There were a number of notable developments this week: the Washington Privacy Act passed out of a house committee after adding a private right of action, there was more movement on the Florida and Connecticut bills,...more

Kaufman & Canoles

Employment Law Update – Fall 2020

Kaufman & Canoles on

Over the years, Virginia has been regarded as a somewhat employer-friendly state in terms of workplace regulation. Virginia courts afforded substantial protection against state law claims due to the at-will nature of most...more

Haug Partners LLP

The Defend Trade Secrets Act: An Overview and Key Developments

Haug Partners LLP on

Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Potential Impact of Terrorism Lawsuits Under the Antiterrorism Act on Ordinary Corporate, Banking and Sovereign Enterprises

In the last 30 years, the U.S. Congress has enacted several laws enabling victims of terrorism to seek damages in U.S. federal courts. The central piece of legislation in this regard, the Antiterrorism Act of 1990 (ATA), has...more

BCLP

GDPR Privacy FAQs: Is there a private right of action for failing to comply with European cookie laws?

BCLP on

Maybe. The GDPR does purport to allow data subjects to bring private rights of action.  Likewise, certain implementations of the ePrivacy Directive, like the Privacy and Electronic Communications Regulations, allow for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Helms-Burton Act Poses New Risks and Challenges for Entities Allegedly Tied to Cuba

Earlier this year, the Trump administration activated a previously dormant statutory provision in the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996. The statute, also known as the Helms-Burton Act (Act),...more

Stoel Rives LLP

CCPA Bill Expanding Class Actions Fails but The Persistence of Chaos Succeeds

Stoel Rives LLP on

Class action lawsuits hurt businesses in at least three ways: they harm reputation, disrupt continuity, and are expensive to defend. In a privacy and cybersecurity context, even when dismissed at an early stage – when it is...more

Hinshaw & Culbertson LLP

Wisconsin Supreme Court Rules Creditor's Failure to Send a Right to Cure Notice is not Grounds for a Monetary Damages Claim

A debtor ("Kirsch") recently sought monetary damages from his creditor ("Security Finance"), arguing that Security Finance had failed to provide sufficient notice of right to cure before commencing a debt collection action,...more

Farrell Fritz, P.C.

Second Circuit Judges Spar Over RFRA Private Right of Action

Farrell Fritz, P.C. on

Second Circuit Judges recently traded strong language in opinions accompanying the denial of a petition for en banc review in Tanvir v. Tanzin....more

Proskauer - Law and the Workplace

New Jersey Enacts Law Limiting Non-Disclosure Obligations in Settlement Agreements

On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more

White & Case LLP

Illinois Supreme Court Rules: “Aggrieved” Person Does Not Require Separate, “Actual” Injury for Biometric Information Privacy Act...

White & Case LLP on

On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act...more

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