News & Analysis as of

Pending Legislation Class Action

Holland & Knight LLP

Florida Legislature Clarifies FCCPA to Allow Overnight Email Contact with Debtors

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The Florida Legislature unanimously approved Senate Bill (SB) 232 on April 29, 2025, to update and clarify the Florida Consumer Collections Practices Act (FCCPA) by removing email communications from the list of prohibited...more

Benesch

Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

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In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s...more

BCLP

U.S. Biometric Laws & Pending Legislation Tracker - March 2025

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The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more

Venable LLP

Update: A Proposed California Color Additive Ban and a BVO Class Action Lawsuit

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We previously covered California's landmark Food Safety Act, the legislative proposals inspired by it, and the FDA's final rule revoking the authorization of brominated vegetable oil (BVO) in food products. Since then, there...more

American Conference Institute (ACI)

[Event] Legal, Regulatory & Compliance Forum on Dietary Supplements - June 29th - 30th, New York, NY

American Conference Institute in collaboration with the Council for Responsible Nutrition (CRN) are excited to welcome you back to New York for the “return to live” reunion that the dietary supplements industry has been...more

Akerman LLP - HR Defense

Sexual Harassment Complainants Guaranteed Their Day in Court – Employers Beware the Implications

Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of...more

Kohrman Jackson & Krantz LLP

President Biden Poised To Initiate New Era Of Sex-based Workplace Dispute Litigation

With the passage of H.R. 4445, Congress has discovered a point of agreement: barring the mandatory imposition of arbitration for employees suffering from sexual assault or sexual harassment in the workplace. President Biden...more

Goldberg Segalla

President Expected to Sign Bill from Congress Ending Forced Arbitration on Sexual Assault and Sexual Harassment Claims

Goldberg Segalla on

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), barring an employer’s enforcement of pre-dispute arbitration for claims of sexual assault or...more

Pullman & Comley - Labor, Employment and...

Congress Approves #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On February 10, 2022, the U.S. Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”). As one might expect based on the name, the Act prohibits employers from requiring employees...more

Procopio, Cory, Hargreaves & Savitch LLP

Congress Moves to End Forced Arbitration of Sexual Assault and Sexual Harassment: What it Means for Employers

In the wake of the #metoo movement, the U.S. Congress has approved and sent to President Biden for his expected signature a modernized Federal Arbitration Act. ...more

CDF Labor Law LLP

Bipartisan Legislation Limiting Mandatory Arbitration of Sexual Harassment or Assault Claims Requires Employers to Re-Examine...

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Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more

Quarles & Brady LLP

Congress Bars Arbitration of Sexual Assault and Harassment Claims

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In our last alert, What Should Employers Expect in 2022, Non-COVID Edition, we predicted the Senate would pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, House Resolution 4445 (the...more

FordHarrison

Congress Passes Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims

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Following the recent trend of state laws prohibiting mandatory arbitration of sexual assault and harassment claims, the United States Senate passed HR 4445, entitled “Ending Forced Arbitration of Sexual Assault and Sexual...more

Bodman

Senate Passes Bill Ending Mandated Arbitration in Sexual Misconduct Cases

Bodman on

On February 10, 2022, the Senate passed a landmark bill prohibiting enforcement of pre-dispute contract provisions that mandate arbitration for sexual harassment or assault claims. The bill also prohibits a “pre-dispute joint...more

Littler

Congress Passes Bipartisan Arbitration Limitation

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Last week brought a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Stinson LLP

Senate Passes #MeToo Bill Allowing Employees to Bypass Arbitration

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Congress appears poised to enact legislation that will allow employees alleging sexual assault or sexual harassment in the workplace to bypass mandatory arbitration clauses the employee may already have agreed to be bound by....more

Polsinelli

Mandatory Arbitration Agreements No Longer Enforceable in Sexual Harassment or Assault Cases

Polsinelli on

In a rare showing of bipartisanship, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which allows employees or others to escape mandatory arbitration clauses in connection with any...more

Proskauer - Law and the Workplace

Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more

Jones Day

Australian Federal Government Proposes Major Class Action Law Reforms

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Proposed Reforms - The Draft Bill makes clear that 'a class action litigation funding scheme' is an MIS, in line with an earlier ruling of the Federal Court of Australia in Brookfield Multiplex Limited v International...more

Smith Debnam Narron Drake Saintsing & Myers,...

Congress Continues To Examine Forced Arbitration

An historic piece of legislation was passed in the U.S. House of Representatives on September 20, 2019. The Forced Arbitration Injustice Repeal (FAIR) Act, (HR 1423) was introduced by Rep. Johnson (D-GA-4). The FAIR Act...more

Seyfarth Shaw LLP

Zombie Apocalypse? Another (Unconstitutional?) California Assault on Arbitration

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Seyfarth Synopsis. On Thursday, September 5, 2019, the Legislature passed AB 51. This bill would ban mandatory arbitration agreements with respect to claims under the Labor Code and the Fair Employment and Housing Act while...more

Ballard Spahr LLP

House passes bill to ban mandatory arbitration agreements; White House threatens veto

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This past Friday, by a vote of 225-186, the House passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.”  A Senate companion bill (S. 610) was introduced in February 2019 and referred to the Senate Judiciary...more

Seyfarth Shaw LLP

Copy-Cat Class Actions Meet Copy-Cat Legislation: Illinois’ BIPA Spurs New Biometric Privacy Legislation Across The Nation

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Seyfarth Synopsis: While most employers are likely familiar with the Illinois Biometric Information Privacy Act (“BIPA”), they should know that Illinois is not the only state with a biometric privacy law and many other states...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | June 2019 #2

Maine Bill Requires ISPs to Obtain Opt-In Consent from Customers - The Maine legislature has passed a bill that requires internet service providers (ISPs) operating in Maine to obtain express, affirmative consent from...more

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