Private Right of Action

News & Analysis as of

Settling Defendants Beware: Eleventh Circuit Holds Settling Insurer Liable for Failure to Protect Medicare Payments Made by...

Congress created an uproar among personal injury tort defendants and their insurers when it passed the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) less than 10 years ago. The $1,000 per day fine for failure to...more

August 2016: Seizures as a Remedy Under the New Federal Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), creating a new federal cause of action for the misappropriation of trade secrets. Prior to the DTSA, trade secret claims were governed by state law....more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

As we previously reported, there are five pending lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. Our Client Alert on the new rule outlines the significance of the rule and the implications of the...more

Federal Precedents Under the DTSA Have Arrived

While the Defend Trade Secrets Act of 2016 (“DTSA”) has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 16:...

Why does this topic matter to organisations? Whereas the remedies and sanctions available to DPAs under the Directive are comparatively low (generally subject to a maximum of less than €1 million per infringement, with...more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

Massachusetts Legislature Passes New Pay Equity Law

The Massachusetts Legislature passed new pay equity legislation on July 23, 2016. Governor Baker has been reported to have said that he will sign the legislation. The new law will take effect on January 1, 2018. The...more

The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual...

On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and...more

Changes to North Carolina's HB2 Restore Employee Right File a Discrimination Suit in State Court

North Carolina Governor Pat McCrory signed into law House Bill 169 on July 18, 2016. The new law restores a North Carolina employee’s right to file a wrongful termination claim in North Carolina state court based on certain...more

Corporate Investigations and White Collar Defense - July 2016

“Official Acts”—What They Are… and Are Not - Why it matters: On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act”...more

A Closer Look at the CFPB’s Proposed Short-Term Lending Rule

As we previously reported in our June 3, 2016 client alert, the Consumer Financial Protection Bureau (“CFPB”) has issued a Notice of Proposed Rulemaking for short-term loans (“Proposed Rule”). In this follow-up alert, we take...more

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the...more

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...more

Philadelphia Restricts Employers’ Use of Credit History for Employment Purposes

Seyfarth Synopsis: Effective July 7, 2016, employers in Philadelphia are prohibited from procuring or using an applicant’s or employee’s credit history for employment purposes. On June 7, 2016, Philadelphia Mayor...more

Serial Plaintiffs Are Filing Waves of Disability Cases

Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

Federal and SoCal Employment Law Update

Several significant, new employment laws have or will go into effect in 2016, and in order to ensure full compliance, employers should immediately review their policies, procedures, and handbooks. Below are just a few of the...more

Amgen and Hospira Square Off Over BPCIA Private Right of Action After Amgen v. Apotex Ruling

Amgen and Hospira have fired off dueling letters to the court in their litigation over Amgen’s Epogen biosimilar, debating whether the U.S. biosimilar statute, the Biologics Price Competition and Innovation Act of 2009...more

Further Limiting the Extraterritorial Reach of US Law, the US Supreme Court Limits the Use of the RICO Statute

Further Limiting the Extraterritorial Reach of US Law, the US Supreme Court Limits the Use of the RICO Statute in RJR Nabisco v. European Community - In RJR Nabisco, Inc. v. European Community, the US Supreme Court not...more

How to Prepare for Theft of Company Information

Companies should take three steps now to ensure use of the Defend Trade Secrets Act. In May, President Barack Obama signed into law the Defend Trade Secrets Act that creates a federal civil cause of action for the...more

What Businesses Should Know About the 2016 North Carolina Legislative Session

The North Carolina General Assembly has completed its 2016 "short" session. A number of bills considered by Legislators will impact businesses of all types. Here are some highlights from this year's session....more

NC Legislative Update - July 2016

Last Week - Following a fast paced week, the legislature adjourned the 2015-16 Session sine die on Friday, July 1st, just before midnight. After convening on April 25th, lawmakers completed the short session in just 68...more

Why is Federal Question Jurisdiction Such a Mess?

In honor of Buddy Ryan, the legendary football coach who passed away last week, we will be especially crotchety in today’s case report. It was while we were in law school in Chicago that Ryan was the coordinator of a Bears...more

Hospira to Court: Amgen v. Apotex does not address the specific question raised by Hospira’s Motion to Dismiss in Amgen v. Hospira

The Federal Circuit's July 5, 2016 opinion in Amgen v. Apotex is already being picked up and analyzed in other BPCIA litigation: in Amgen v. Hospira, Hospira has submitted the Federal Circuit’s opinion to the District Court...more

International Litigation Update: United States Supreme Court Limits Extraterritorial Reach of RICO Claims

On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs...more

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