Private Right of Action

News & Analysis as of

The Defend Trade Secrets Act of 2016: A Year Later By The Numbers

It has been almost a year since the Defend Trade Secrets Act of 2016 (DTSA) took effect. Since Forbes Magazine called the DTSA the “Biggest IP Development in Years,” we thought it might be helpful to take a look at how often...more

Claimants' Guide to Antitrust Competition Litigation in EU

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

Federal Trade Secrets Act

At long last, there is a federal civil cause of action for trade secret misappropriation under the Defend Trade Secrets Act (DTSA) enacted in 2016. The DTSA complements state law remedies, which are not preempted,...more

D.C. Fair Credit in Employment Amendment Act Sent To Mayor For Approval

On December 20, 2016, the District of Columbia Council passed the Fair Credit in Employment Amendment Act of 2016 (B21-0244) (the “Act”) which, if enacted, would amend the D.C. Human Rights Act of 1977 to prohibit employers...more

Gavel to Gavel: Trade secrets now a federal case

Almost all businesses possess at least some trade secrets, which could include a wide variety of information, including customer lists, formulas, manufacturing processes, data compilations, marketing plans and many other...more

Federal Trade Commission Increases Interlocking Directorates Thresholds

Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds are effective today, January 26, 2017....more

Did you know... Are You in Position to Take Advantage of the New Federal Defend Trade Secrets Act?

Recently, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996, codified at 18 U.S.C. §§ 1831 et seq. Key benefits of the DTSA includes the option...more

Canada’s Anti-Spam Law: Is Your Business Ready for July 1st, 2017?

On July 1st, 2017, organizations communicating electronically under Canada's Anti-Spam Law ("CASL" or the "Act") will lose the benefit of the transitional provisions, and will become subject to the coming into force of a...more

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice

We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt....more

New York City Enacts Nation’s First Freelance Worker Protection Law

As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers. On November 16, 2016, Mayor de Blasio signed into law the Freelance...more

Private Right of Action under CASL coming July 2017

Canada’s Anti-Spam Law came into force on July 1, 2014. Since then, all eyes have been on the Canadian Radio-television and Telecommunications Commission (CRTC) for decisions concerning CASL violations. In the cases made...more

Part Time Workers Must Be Offered Additional Hours: San Jose’s Opportunity to Work Ordinance (Effective March 2017)

In the recent election, San Jose voters passed a voter initiative creating the “Opportunity to Work” ordinance. The purpose of the ordinance, which will become effective on March 13, 2017, is to promote full-time jobs and to...more

The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then,...more

Freelance Isn’t Free Act Signed by Mayor De Blasio

Seyfarth Synopsis: The Freelance Isn’t Free Act, granting protections for freelancers in New York City, was signed by Mayor De Blasio on November 16, 2016. The law, on which we previously reported in detail here, will go...more

As Agency Enforcement Efforts Mount, CFTC Prohibits Private Lawsuits Against RTOs/ISOs for Market Manipulation

Incidents of alleged fraud and market manipulation in the energy markets increasingly have received the attention of federal agency enforcement efforts, including the Federal Energy Regulatory Commission (FERC) and the...more

Choice of Law Meets Civil RICO

The Supreme Court’s opinion in RJR Nabisco, Inc. v. European Community (decided June 20, 2016) limited the extraterritorial reach of the Racketeering Influence and Corrupt Organizations Act (RICO). Now, a recent case out of...more

Colorado Voters Approve Minimum Wage Increase

On November 8, 2016, Colorado voters approved Amendment 70, a ballot initiative which will amend the state’s constitution and current minimum wage law. The change in law will take effect on January 1, 2017....more

Expansion of Liability in Product Labeling Cases

An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more

How Energy Firms Can Use The Defend Trade Secrets Act

Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets...more

EEOC Strategic Enforcement Plan for 2017-2021

The Equal Employment Opportunity Commission (EEOC) recently revealed its Strategic Enforcement Plan for 2017-2021. Of course, this Plan was developed before the election of Donald Trump as President. Thus, the information...more

Non-Competition Restrictions

On October 25, 2016, the White House published a “State Call to Action,” urging states to reform their noncompetition laws. The Call to Action follows an earlier report from the White House which concluded that noncompetition...more

Revitalization Act Held to Grant Whistleblower Implied Private Right of Action

On October 24, 2016 the New York Supreme Court, Kings County entered a decision allowing a former employee to proceed with a lawsuit against a not-for-profit, private college preparatory school and its headmaster alleging...more

Whistleblowing as a Private Right of Action in New York?

The venerable New York Whistleblower Protection Act has long allowed employees to report misconduct by their employer, at which point the public interest could be vindicated by the state Attorney General. But does an employee...more

White House Continues Attack on Non-Compete Agreements

“State Call to Action on Non-Compete Agreements” is the White House’s latest in a series of Executive Branch missives decrying the purported misuse of non-competition agreements by employers across the country....more

Update on Defend Trade Secrets Act: Courts Begin Interpreting and Applying New Federal Misappropriation Law

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law on May 12, 2016. The statute amends the Economic Espionage Act of 1996 to provide federal court jurisdiction for civil trade secret misappropriation claims and...more

404 Results
|
View per page
Page: of 17
Popular Topics

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×