News & Analysis as of

Disclosure Requirements Damages

Davis Wright Tremaine LLP

Washington LNI Issues Draft Rules Amid Wave of Pay Transparency Class Actions

For nearly two years, Washington employers with 15 or more employees have been required to disclose within job postings a salary range or wage scale, any other discretionary or nondiscretionary compensation, and a general...more

Davis Wright Tremaine LLP

California Legislature Sends Bills Regulating AI to the Governor

Last week, the California Legislature passed several bills that, if signed by the governor, will regulate how organizations develop, train, and use artificial intelligence (AI) models, systems, and applications. Of these...more

Benesch

California AG Issues Guidance Regarding Hidden Fees Ban

Benesch on

Since the enactment of California’s so-called “Junk Fee Ban,” S.B. 478 (more formally known as the “Honest Pricing Law” or the “Hidden Fees Statute”), Benesch has been fielding a wide range of questions from retailers and...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court Finds Mindbody CEO Liable Under Revlon and That Buyer Aided and Abetted Disclosure Violations

In March 2023, the Delaware Court of Chancery issued a rare decision holding an officer personally liable for damages for breach of fiduciary duty under a post-closing Revlon enhanced scrutiny analysis. Specifically, the...more

Rumberger | Kirk

Florida Tort Reform Now Law: Effective Upon Governor's Signature

Rumberger | Kirk on

Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Flood History/Flood Risk: Southern Environmental Law Center Petition to North Carolina Real Estate Commission Addressing...

The Southern Environmental Law Center (“SELC”) submitted a Petition to the North Carolina Real Estate Commission asking that the North Carolina Residential Property and Owners’ Association Disclosure Statement (“Disclosure...more

Sheppard Mullin Richter & Hampton LLP

FTC Action Alleging Dark Patterns Forces Software Company to Pay Damages and Adopt New Practices

On November 3, the FTC and a software company operating internet-based telephone services filed an agreed upon proposed court order, which includes a $100 million fine, following an FTC suit alleging that the software company...more

Nilan Johnson Lewis PA

Washington State Jumps on the Pay Transparency Bandwagon

A recent amendment to Washington law will require employers to disclose information about pay and other benefits in postings for jobs in the state. This new affirmative disclosure requirement, which applies to employers with...more

Rumberger | Kirk

A Quick Note about Pain and Suffering Disclosures in Federal Court

Rumberger | Kirk on

In federal court, personal injury plaintiffs are required to disclose a computation of each category of damages. Fed.R.Civ.P. 26(a)(1)(A)(iii). Past medical expenses and past lost wages are easy. But for pain and...more

Sheppard Mullin Richter & Hampton LLP

Why Patents Can Matter In Trade Secret Cases

Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Examining Corwin: Latest Trends and Results

The Delaware Supreme Court’s 2015 decision in Corwin v. KKR Financial Holdings LLC1 fashioned a powerful defense in post-closing money damages cases for boards of directors by finding that business judgment deference applies...more

Perkins Coie

Reminder of Steps Employers Must Take When Requesting Credit or Background Reports

Perkins Coie on

The federal Fair Credit Reporting Act (FCRA) applies to employers who obtain “consumer reports” from a “consumer reporting agency” for employment purposes. A “consumer report” is one that has information bearing on the...more

White & Case LLP

EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)

White & Case LLP on

On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more

McAfee & Taft

Employers: Use caution when dealing with prescription drug users

McAfee & Taft on

Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Enacts Sweeping New Privacy Law

On June 28, 2018, California Gov. Jerry Brown signed into law the California Consumer Privacy Act (CCPA or “the Act”), which is the broadest and most comprehensive privacy law enacted in the United States to date.1 The CCPA...more

Dechert LLP

An Update on the Regulation on Key Information Documents for Packaged Retail and Insurance-Based Investment: Key Points for EU and...

Dechert LLP on

In addition to the challenges of MiFID II, asset managers must also prepare for a new key information document regime for retail products. The Regulation on key information documents for packaged retail and insurance-based...more

Burr & Forman

Northern District of California's Revised Patent Local Rules Require Early Disclosure of Damages Information

Burr & Forman on

Last month, the Northern District of California revised its Patent Local Rules by adding requirements for early disclosure of damages information. Because the Northern District of California has been a national driving force...more

Orrick, Herrington & Sutcliffe LLP

Big Changes Could Be Coming in Class Action Litigation

On February 10, 2017, U.S. Rep. and House Judiciary Committee Chairman, Bob Goodlatte (R-Va), introduced a new version of his Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the "Act"). The Act, while bearing the...more

Hogan Lovells

Show me the Money: New rules in Northern California call for early disclosure of damages in Patent Litigation

Hogan Lovells on

Recently, the District Court for the Northern District of California updated is Local Patent Rules.  Early disclosure of financial information regarding damages is one change that has attracted some attention. ...more

Nossaman LLP

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - May 2013

Proskauer Rose LLP on

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

Mintz - Health Care Viewpoints

Updated Self-Disclosure Protocol Clarifies Disclosure Process and Obligations

Individuals and entities subject to the Civil Monetary Penalty Law (CMP) have received clarification regarding the process for disclosing and resolving potentially unlawful conduct involving the federal health care programs...more

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