News & Analysis as of

Private Right of Action

Patterson Belknap Webb & Tyler LLP

Justices to Consider Whether Section 47(b) of the Investment Company Act Creates a Federal Cause of Action

In its October 2025 Term, the Supreme Court will decide whether Section 47(b) of the Investment Company Act of 1940 (“ICA”) creates a federal cause of action for private plaintiffs seeking rescission of contracts that are...more

Goodwin

Supreme Court to Resolve Circuit Split Over Existence of Implied Private Right of Action Under Section 47(b) of the Investment...

Goodwin on

On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., agreeing to resolve a circuit split over whether private parties have an implied right of action to...more

Herbert Smith Freehills Kramer

US Supreme Court Grants Certiorari to Decide Whether Section 47(b) of the Investment Company Act Allows for a Private Right of...

On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al., 24-345 to resolve a circuit split over whether Section 47(b) of the Investment Company...more

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

Key Changes to Chicago’s Labor Ordinances, Effective July 1, 2025

On July 1, 2025, several important changes to Chicago labor ordinances went into effect. Chicago’s Minimum Wage Ordinance, Fair Workweek Ordinance, and Paid Leave and Paid Sick and Safe Leave Ordinance have all seen...more

Ropes & Gray LLP

Supreme Court to Consider Closing a Back Door to Fund Litigation Claims Under the Investment Company Act

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On June 30, the U.S. Supreme Court agreed to hear a case that will determine whether Section 47(b) of the Investment Company Act of 1940 (ICA) creates a private right of action for shareholders of registered investment...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

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

Clark Hill PLC

[Webinar] Navigating New Frontiers: The NY FAIR Act & TED Bill’s Impact on Consumer Protection and Data Privacy - July 7th, 10:00...

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Join us for an in-depth discussion on two pivotal pieces of legislation reshaping the consumer protection and data privacy landscape in New York: the NY FAIR Act and the TED Bill. This webinar will explore how these laws...more

Troutman Amin LLP

EVERYTHING IS BIGGER IN TEXAS: SB140 PASSED–TEXAS’ NEW MINI-TCPA TAKES EFFECT SEPTEMBER 1, 2025!: Bringing New Private Right of...

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On June 20, 2025 – Governor Abott signed into law Texas Bill SB140 – as TCPAWorld previously reported the Texas-sized bill drastically amends the Texas Mini-TCPA statute – the Texas Business & Commerce Code (“TBCC”) by...more

Troutman Pepper Locke

Fifth Circuit Clarifies Enforcement of IDR Awards Under the No Surprises Act

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On June 12, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion in the case involving Guardian Flight, LLC and Med-Trans Corporation, two air ambulance providers, against the defendant insurance...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

Benesch

Updates on CIPA Reform: CA SB 690 Progresses to the Assembly Without Retroactivity Provision.

Benesch on

A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more

Constangy, Brooks, Smith & Prophete, LLP

“Re-do” bill would fundamentally change New York non-compete law

Two years ago, a bill that would have effectively gutted New York non-compete law made it as far as the Governor’s desk where Gov. Kathy Hochul (D) vetoed it, much to the relief of the New York business community. However,...more

Littler

Washington State Enacts New Legislation to Define Employee Access to Their Personnel Records and Termination Information

Littler on

As many Washington employers are acutely aware, there exists sparse statutory guidance on how employers must respond to personnel file requests by their employees – and no statutory definition of what constitutes a “personnel...more

Orrick, Herrington & Sutcliffe LLP

Virginia Enacts Amendment to Protect Reproductive and Sexual Health Privacy

Virginia recently enacted an amendment to its state Consumer Protection Act to regulate the processing of Virginia consumers’ reproductive and sexual health information. Specifically, SB 754 prohibits businesses from...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

Woods Rogers

Virginia Consumer Protection Act Amendments Restrict Collection, Use, or Sharing of Health Information

Woods Rogers on

On March 24, 2025, Senate Bill 754 (pdf) was signed into law amending the Virginia Consumer Protection Act (VCPA), the Commonwealth’s general consumer protection law. The VCPA was originally passed in 1977 as remedial...more

Husch Blackwell LLP

Analyzing Virginia’s New PRA for Protecting Consumer Reproductive and Sexual Health Information

Husch Blackwell LLP on

Keypoint: A new Virginia law prohibits the collection, use, or sharing of reproductive or sexual health information without consent and provides Virginians with a private right of action for at least $500 per violation. As...more

Foley Hoag LLP - State AG Insights

Will State AGs Fill the Gap in FCPA Enforcement?

Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more

WilmerHale

Virginia Amends Consumer Protection Act to Protect Reproductive and Sexual Health Information

WilmerHale on

On March 24, Virginia Governor Glenn Youngkin signed SB 754 into law. SB 754, which will take effect on July 1, 2025, amends the Virginia Consumer Protection Act (VCPA) to prohibit certain entities from, in connection with a...more

Foley Hoag LLP - Medicaid and the Law

Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’

On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider”...more

BakerHostetler

Heightened Protection of Reproductive Health Information at US State Level on the Rise - Amendments to Virginia’s Consumer...

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On March 24, Virginia Gov. Glenn Youngkin approved SB 754, titled “Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information.”...more

Cooley LLP

Virginia Enacts New Broad Consent Requirement for Collection of Reproductive and Sexual Health Information

Cooley LLP on

On March 24, 2025, Virginia Gov. Glenn Youngkin signed into law SB 754, amending the state’s Consumer Protection Act to prohibit businesses from “[o]btaining, disclosing, selling, or disseminating any personally identifiable...more

Wyrick Robbins Yates & Ponton LLP

5 Reasons Virginia’s New Reproductive and Sexual Health Privacy Law is a BFD for Business (Spoiler: There’s a Private Right of...

In a development that seems to have flown mostly under the radar this week, Virginia’s governor signed on Monday SB754, a bill passed by the state’s General Assembly that amends the state’s Consumer Protection Act to strictly...more

Bradley Arant Boult Cummings LLP

Litigation Risk for Mortgage Lenders with a Less Active CFPB

With the recent developments at the Consumer Financial Protection Bureau (CFPB), many mortgage lenders have been left wondering about the extent to which the CFPB will enforce federal laws governing the mortgage lending...more

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