Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
Insights for this month’s article are provided by ARDA members Gregory Szewczyk, partner at Ballard Spahr Practice Leader of the firm’s Privacy and Data Security Group, and Aaron Tantleff, partner in Foley & Lardner’s...more
In 2019, the stakes for New York employers increased dramatically with respect to "late" payment of wages claims (also known as "frequency of pay" claims) under the New York Labor Law (NYLL). Following a decision by New...more
California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more
On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...more
In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more
In April 2022, we wrote about the upcoming amendments to Washington's Equal Pay and Opportunity Act (EPOA). The EPOA amendments require most employers who engage in business in Washington state to include pay ranges and...more
The New York Health and Essential Rights Act (“Hero Act” or “Act”), which requires every private employer, regardless of size, to establish an infectious disease safety plan, goes into effect today, June 4, 2021. The Hero...more
Keypoint: There were a number of notable developments this week: the Washington Privacy Act passed out of a house committee after adding a private right of action, there was more movement on the Florida and Connecticut bills,...more
Over the years, Virginia has been regarded as a somewhat employer-friendly state in terms of workplace regulation. Virginia courts afforded substantial protection against state law claims due to the at-will nature of most...more
Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more
Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more
In the last 30 years, the U.S. Congress has enacted several laws enabling victims of terrorism to seek damages in U.S. federal courts. The central piece of legislation in this regard, the Antiterrorism Act of 1990 (ATA), has...more
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
Earlier this year, the Trump administration activated a previously dormant statutory provision in the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996. The statute, also known as the Helms-Burton Act (Act),...more
Class action lawsuits hurt businesses in at least three ways: they harm reputation, disrupt continuity, and are expensive to defend. In a privacy and cybersecurity context, even when dismissed at an early stage – when it is...more
A debtor ("Kirsch") recently sought monetary damages from his creditor ("Security Finance"), arguing that Security Finance had failed to provide sufficient notice of right to cure before commencing a debt collection action,...more
Second Circuit Judges recently traded strong language in opinions accompanying the denial of a petition for en banc review in Tanvir v. Tanzin....more
On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more
On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act...more
There is great value in the commercial predictability that comes when all states subscribe to a single uniform code. Massachusetts and New York had long been the only states not to have adopted the Uniform Trade Secrets Act...more
California continues to lead the way on privacy and cybersecurity legislation with the enactment on June 28, 2018, of the California Consumer Privacy Act (“Privacy Act” or “Act”). The Privacy Act joins other California laws...more
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
On June 28, 2018, the California Legislature unanimously passed, and the Governor immediately signed, a sweeping expansion of data privacy protections for residents of California. Assembly Bill No. 375, entitled the...more