News & Analysis as of September 21, 2024

European Union › Private Right of Action

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Employment Flash - March 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 3/25/2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Proposed Federal Data Protection Law Would Impose Duty of Loyalty and Allow Limited Private Right of Action

Benesch on 7/6/2022

The proposed law⁠ - which is broadly applicable to most entities doing business in the United States - is the first real indication of bipartisan movement on data protection at the federal-level. The House Committee on...more

U.S. Privacy Law: Past, Present and Future

Butler Snow LLP on 9/20/2021

Privacy law is a hot topic for legislatures in the United States at both the state and federal levels. With the advent of influential laws from international governments, including the European Union, the lack of significant...more

Erstes Urteil des Landgerichts Bonn zu einem DSGVO-Bußgeldverfahren

Latham & Watkins LLP on 11/12/2020

Das Landgericht Bonn hat am 11. November 2020 erstmals in einem Bußgeldverfahren ein Urteil erlassen: „Die 9. Kammer für Bußgeldsachen des Landgerichts Bonn hat heute entschieden, dass das Bußgeld, welches der...more

Is A Federal Privacy Law In The Cards for 2020?

Akerman LLP - Health Law Rx on 12/12/2019

In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

Hogan Lovells on 11/22/2019

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

GDPR Privacy FAQs: Is there a private right of action for failing to comply with European cookie laws?

BCLP on 8/10/2019

Maybe. The GDPR does purport to allow data subjects to bring private rights of action. Likewise, certain implementations of the ePrivacy Directive, like the Privacy and Electronic Communications Regulations, allow for...more

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

ArentFox Schiff on 7/16/2019

Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

Under Helms-Burton Act, Entities With Business Ties to Cuba Now at Risk of Lawsuits

Skadden, Arps, Slate, Meagher & Flom LLP on 5/10/2019

In April 2019, Secretary of State Mike Pompeo announced that the U.S. government would allow a private right of action, created by Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (also known as...more

10 Things to Know: US Allows Lawsuits Relating to “Trafficking” in Confiscated Property in Cuba

Latham & Watkins LLP on 5/6/2019

Trump Administration breaks with precedent to allow US plaintiffs to bring “trafficking” suits under Title III of the Helms-Burton Act. Title III of the Helms-Burton Act (the Cuban Liberty and Democratic Solidarity...more

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

Skadden, Arps, Slate, Meagher & Flom LLP on 10/18/2018

As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

GDPR—Collective Actions Under the Privacy Banner

Wilson Sonsini Goodrich & Rosati on 3/28/2018

As application of the European Union’s (EU’s) General Data Protection Regulation (GDPR) quickly approaches, the enforcement authority of the European data protection authorities (DPAs) is rightfully on everyone’s mind. The...more

Belgium Adopts Law Enacting EU Directive on Private Antitrust Damages

Jones Day on 8/5/2017

On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private...more

Claimants' Guide to Antitrust Competition Litigation in EU

BCLP on 2/23/2017

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

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

Ladas & Parry LLP on 9/22/2016

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

McDermott Will & Emery on 8/31/2016

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to...more

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

King & Spalding on 7/6/2016

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

Supreme Court: RICO Has Extraterritorial Reach But Requires Domestic Injury

Holland & Knight LLP on 6/30/2016

The Supreme Court issued an important opinion on June 20, 2016, regarding the extraterritorial reach of the Racketeering Influenced and Corrupt Organizations Act (RICO) that may have real-world implications for companies...more

"US Supreme Court Continues to Limit Extraterritorial Application of US Laws"

Skadden, Arps, Slate, Meagher & Flom LLP on 6/22/2016

Adding to a line of decisions limiting the extraterritorial application of U.S. statutes, the U.S. Supreme Court yesterday issued its decision in RJR Nabisco v. European Community. In a 4-3 decision, the Court held that to...more

Rebuilding Trust with the Europeans After Snowden: Obama Signs New Privacy Law

Womble Bond Dickinson on 3/1/2016

The U.S. and E.U. are one step closer to entering into a new data transfer agreement. On February 24, 2016, President Barack Obama signed into legislation the Judicial Redress Act, giving citizens of certain allied countries,...more

McDermott EU Competition Annual Review 2015

McDermott Will & Emery on 1/23/2016

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

Privacy & Cybersecurity Update - September 2015

Skadden, Arps, Slate, Meagher & Flom LLP on 10/1/2015

Adviser to European Court of Justice Says US-EU Safe Harbor Should Be Declared Invalid - An advisory opinion issued by the advocate general to the European Court of Justice states that the U.S.-EU Safe Harbor should be...more

Seventh Circuit Affirms Dismissal of EU 261 Claims - Direct Claims Under EU 261 Are Only Actionable in EU Member States

Holland & Knight LLP on 4/23/2015

The ruling by the U.S. Court of Appeals for the Seventh Circuit in Volodarskiy v. Delta Airlines, Inc. follows numerous District Court opinions holding that EU 261 does not provide a right of action enforceable outside the EU...more

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European Union › Private Right of Action

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