Private Right of Action

News & Analysis as of

Defend Trade Secrets Act Passed By Senate Judiciary

On January 27, 2016, the Senate Judiciary Committee voted in favor of the Defend Trade Secrets Act (“DTSA”), which would amend the Economic Espionage Act of 1996 (“EEA”) to create a federal private right of action for trade...more

University of Massachusetts Medical School Not a “Person” Under FCA; 1st Circuit Adopts “Arm-of-the-State” Test

In an opinion issued on January 27, 2016, the United States Court of Appeals for the First Circuit affirmed the dismissal of a qui tam lawsuit against the University of Massachusetts, holding that the University was...more

Recent Case Law Hints at Possible Additional Defenses for Auto Finance Companies Hit With Debt Collection Lawsuits

According to the Consumer Financial Protection Bureau (CFPB), debt collection is the leading source of consumer complaints. Many debt collection statutes, including the Fair Debt Collection Practices Act (FDCPA), provide for...more

McDermott EU Competition Annual Review 2015

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

Early Ruling in Putative Biometrics Class Action May Provoke More Lawsuits

In recent years, a new genre of privacy litigation has emerged involving biometrics. Generally, biometrics consists of biological data that can be used to identify a person, such as retina and iris scans, fingerprints,...more

Circuits Split on Scope of Dodd-Frank Whistleblower Protection

The so-called “whistleblower-protection” provision of the Dodd-Frank Act created a private right of action for a “whistleblower” who is subjected to retaliation by his or her employer. The statute elsewhere defines...more

The Eleventh Circuit Issues Two Unanimous Opinions Finding No Private Right of Action Under TARP

On October 3, 2008, George W. Bush signed the Troubled Asset Relief Program (TARP) into law as part of the government’s efforts to combat the subprime mortgage crisis and shore up the faltering economy. In general terms, TARP...more

“Lookout, Here They Come!” Private Causes of Action to Enforce Pennsylvania Pipeline Safety

Pennsylvania pipeline operators may be dealing with allegations of pipeline safety problems brought by private citizens at the Pennsylvania Public Utility Commission (PaPUC or Commission) based on a recent decision. In a case...more

Hong Kong Competition Ordinance Takes Effect: The Latest Jurisdiction Regulating How Companies Compete

On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this...more

Philadelphia Enacts Sweeping Changes to City’s Ban-the-Box Law

On December 15, 2015, Philadelphia Mayor Michael Nutter signed far-reaching amendments to the city’s “Ban the Box” law, the Philadelphia Fair Criminal Records Screening Ordinance (“the Ordinance”). In enacting the amendments,...more

Health Care: HIPAA Covered Entities - Your Organization’s Liability after a Cyber-Attack (12/15)

It is difficult for companies to manage the rapidly evolving legal landscape of cybersecurity. All companies, no matter the size, are potential targets for a cyber-attack. A common question posed by concerned In-House...more

The Home-Sharing Economy

Long before Airbnb, short-term home rental platforms, such as VRBO and Vacation Home Rentals, connected individuals looking for hotel alternatives. Recently, however, the notion of short-term home rentals has become a...more

California Employers Facing Claims For Wage Statement Violations Catch Minor Break From California Legislature But Must Act Fast

The California Legislature has not been particularly kind to employers within the state in recent years and has increased employers’ compliance obligations by enacting measures requiring paid sick leave and gender wage...more

Google seeks dismissal or stay of email scanning litigation

Google has recently asked a California federal court to dismiss a proposed class action alleging that the company’s practice of scanning Gmail users e-mail for marketing data violates federal and state privacy laws, primarily...more

Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more

Mark Your Calendar

The day is almost upon us. Halloween, you say? No, oral arguments in the Spokeo case. Way more exciting. Spokeo, Inc. v. Robins is important because it goes to the heart of when a claim for non-compliance can be brought...more

California’s Equal Pay Law To Become More Stringent Effective January 1, 2016

Earlier this month, California Governor Jerry Brown signed the California Fair Pay Act, a bill making various changes to strengthen the California Equal Pay Act, which addresses gender wage inequality. The bill, S.B....more

Final TPP Language on Trade Secret Protection Disclosed

On October 5, 2015, years of protracted negotiations of the Trans-Pacific Partnership Agreement (“TPP”) concluded. The TPP is a proposed trade agreement between 12 Pacific Rim nations that lowers trade barriers such as...more

U.S. Congress passes the Judicial Redress Act, but does it provide effective redress?

In an uncharacteristically swift move, the United States Congress passed the Judicial Redress Act (“Act”) on 20 October 2015. The Act proposes to extend safeguards implemented under the Privacy Act 1974, and, if brought into...more

Plaintiff’s Firms Ask FCC to Vacate 117 Retroactive Waivers

Plaintiffs’ firms recently filed six different applications for review of the Consumer and Governmental Affairs Bureau’s Order granting 117 petitions for retroactive waivers of the opt-out notice requirement for solicited...more

Smart-TV now regulated under new California law

Californians are now protected from smart-TV eavesdropping under new law, Assembly Bill 1116, which requires that smart-TV manufacturers ensure that voice-recognition features will not be enabled without consumer consent, and...more

Florida Law Creates Right of Action against Drone Operators for Surveillance of Private Property

A bill passed by the Florida legislature and signed into law earlier this year expands Florida’s Freedom from Unwanted Surveillance Act (F.S. 934.50) to prohibit the use of a drone to record images of private property, or the...more

California Governor Signs Strictest Equal Pay Law in U.S.

Yesterday, October 6, California Governor Jerry Brown signed the California Fair Pay Act, which media observers have called the nation’s most aggressive equal pay law. The Fair Pay Act will be effective January 1, 2016 for...more

Financial Services Quarterly Report - Third Quarter 2015: Recent Developments in U.S. “Excessive Fee” Litigation

The U.S. mutual fund industry is poised to see significant developments in the ongoing wave of Section 36(b) “excessive fee” litigation. Days apart in August, the Seventh Circuit Court of Appeals affirmed the grant of summary...more

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