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Statutory Damages

Vondran Legal

The California "flash act" and dealing with unwanted sexual image text messages

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I grew up in a different time.  When I was 18 we didn't have computers (for the most part) or online dating sites such as eHarmony, Bumble, Match, Dating.com, and the whole slew of other niche dating sites....more

Troutman Pepper Locke

Why Do I Need To Register My Copyrights?

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With the rise of content creation in the digital age, it is easy to think that the market has surpassed a saturation point for creative works. After all, each of these creative works does hold its own copyright automatically...more

Fisher Phillips

Washington Supreme Court Allows Any Job Applicant to Sue under Pay Transparency Statute: 3 Steps You Should Take To Reduce Your...

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The Washington Supreme Court just made it easier for plaintiffs to bring costly lawsuits against employers for violations of the state’s highly technical job posting requirements, making compliance more important than ever....more

Snell & Wilmer

New Washington Law Shortens Deadline for Personnel File Requests, Requires Statement About Termination

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As of July 27, 2025, employers with Washington employees have less time to respond to requests for personnel files, and have greater obligations and exposure to litigation related to doing so. With the passage of HB 1308,...more

Hinch Newman LLP

Primer on New York General Business Law Sections 349 and 350: Deceptive Acts and False Advertising

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In March 2025, Office of the Attorney General for the State of New York introduced the Fostering Affordability and Integrity Through Reasonable (“FAIR”) Business Practices Act in the State Senate and State Assembly.  The...more

Fisher Phillips

Washington Ramps Up Personnel File Rules and the Consequences for Noncompliance: 5 Employer Takeaways + 5 Steps to Take Now

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Washington law has long given employees the right to inspect their personnel records and former employees the right to receive a written statement about the reasons for their termination – but, until now, employers faced no...more

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

Washington State’s Revised Personnel File Law - Effective July 2025

On May 13, 2025, Washington State enacted Substitute House Bill (SHB) 1308, which goes into effect on July 27, 2025. This new law amends RCW 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding...more

Klein Moynihan Turco LLP

TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Snell & Wilmer

Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?

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The California legislature may be providing California small businesses with another tool to combat construction-related accessibility claims through Senate Bill 84 (SB 84) which advanced to the State Assembly on June 4,...more

McGlinchey Stafford

SCOTUS: Hobbs Act Does Not Bind District Courts to FCC’s Statute Interpretation

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Following in the wake of last years’ Loper Bright and Relentless, Inc. decisions that ended agency deference, the Supreme Court ruled on Friday in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp. that the Hobbs Act...more

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

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On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

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

California Senate Passes Nation’s First Bill for Accessibility Violation Cure Period

The California Senate recently passed legislation (Senate Bill No. 84) that would require a plaintiff to give a qualified business notice and 120 days to cure an accessibility violation before filing a lawsuit seeking...more

Klein Moynihan Turco LLP

Stock Advisory Hit With DNC Registry Lawsuit

On June 9, 2025, Tradercodes, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). The National DNC...more

Dorsey & Whitney LLP

Washington Legislature Loosens the Equal Pay Opportunity Act Vise on Employers

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The Washington State legislature recently passed SB 5408, amending the Equal Pay and Opportunity Act (“EPOA”). The EPOA was originally enacted to decrease the gender wage gap by requiring employers to include the salary range...more

McDermott Will & Schulte

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

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The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

Greenberg Glusker LLP

Washington Supreme Court Expands Reach of Anti-Spam Law

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The Washington Supreme Court has just handed down a decision significantly expanding the scope of its anti-spam law to now cover a wide array of false advertising claims relating specifically to commercial emails. The case,...more

Klein Moynihan Turco LLP

Huge Healthcare Provider Settles Robocall Lawsuit for $2.5 Million

Earlier this year, United HealthCare Services, Inc. (“Defendant”) agreed to settle a class action robocall lawsuit for $2.5 million. In Samson v. United Healthcare Services, Inc, filed in the United States District Court for...more

WilmerHale

Year in Review: 2024 BIPA Litigation Takeaways

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Illinois’s Biometric Information Privacy Act (BIPA) continues to drive a wave of privacy-related litigation across the United States, though a 2024 amendment to the act—the first since BIPA’s enactment in 2008—may slow the...more

Klein Moynihan Turco LLP

Trucking Marketing Communications are Subject to Various Regulations!

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On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more

Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

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The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

McDermott Will & Schulte

If Provider Knew Product Would Be Used to Infringe, It Is a Contributor

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In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider,...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Klein Moynihan Turco LLP

TCPA Case Filings on the Rise!

Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more

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