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Retroactivity

McGuireWoods LLP

Seventh Circuit Delivers Major Win for Businesses By Holding BIPA Damages Amendment Applies Retroactively

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On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit, which consolidated three interlocutory appeals, issued a significant ruling in Clay v. Union Pacific Railroad Co., that resolves the question of whether...more

Shook, Hardy & Bacon L.L.P.

Biometric Privacy Client Alert | April 2026 | BIPA Amendment Precluding Per-Scan Recovery Held Retroactive

A Seventh Circuit ruling predicting the Illinois Supreme Court’s stance on per-scan recovery takes significant wind out of plaintiffs’ sails....more

Cooley LLP

Delaware Supreme Court Rejects Constitutional Challenges to DGCL Safe Harbor Amendments

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On February 27, 2026, the Delaware Supreme Court upheld two key amendments to Section 144 of the Delaware General Corporation Law (DGCL) passed as part of Senate Bill 21 (SB21)....more

Morrison & Foerster LLP - Federal Circuitry

It Ain’t Over ‘Til It’s Over: The En Banc Ninth Circuit Simplifies Its Retroactivity Analysis And Issues Rare Rule 60(b) Reversal

How final is final when Congress steps in? A recent Ninth Circuit labor trafficking case appeared to be over several times. But a rare combination of intervening legislation, en banc review, and an unusual willingness...more

Baker Botts L.L.P.

California 2026 Billionaire Tax Act

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On October 22, 2025, a ballot initiative titled the “2026 Billionaire Tax Act” was filed with the California Attorney General. An amendment to the initiative was filed on November 26, 2025....more

Freiberger Haber LLP

Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does...

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Last Week in our BLOG article: “It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA,” we again discussed FAPA and noted that on November 25, 2025, the New York...more

Carlton Fields

Florida Appeals Court Decisions Week of August 18 - 22, 2025

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U.S. Eleventh Circuit Court of Appeals - Smith v. Odom - False Claims Act, standard, public disclosure - Fla Ag Comm’r v. US Att’y Gen - Second Amendment, firearms, medical marijuana - ...more

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

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On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Goodwin

Portions of New York’s FAPA Survive Constitutional Challenges

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Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more

Wiley Rein LLP

No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on...

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The United States District Court for the Eastern District of Michigan, applying Michigan law, granted a primary insurer’s motion to dismiss, determining that a professional liability policy required potential claims to be...more

Wiley Rein LLP

DOJ Urges the D.C. Circuit to Permit Retroactive FARA Registrations

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The U.S. Department of Justice (DOJ) recently filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit for a rehearing en banc in the Steve Wynn case, asking the D.C. Circuit to reconsider U.S. v....more

Cozen O'Connor

Reconciling Spouses and Retroactive Child Support

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How are child support obligations affected when formerly married couples reconcile numerous times? When do children of the marriage become independent? In a recent case heard by the Supreme Court of British Columbia, the...more

Charles E. Rounds, Jr. - Suffolk University...

The trustee has brought a reformation action to reorder the equitable property rights of the trust’s beneficiaries: Spotting the...

Section 415 of the Uniform Trust Code provides that even in the absence of ambiguity the court may reform the terms of a trust to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence...more

Morrison & Foerster LLP

D.C. Circuit Limits DOJ’s Ability to Retroactively Enforce FARA

Last week the D.C. Circuit released its long-anticipated opinion in the Attorney General v. Wynn, holding that the Department of Justice (“DOJ”) could not compel Steve Wynn to retroactively register under the Foreign Agents...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Sheppard, Mullin, Richter & Hampton LLP

Amendment to China’s Company Law (1): Contribution of Capital and Authorized Capital Concept

China’s Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005. On December 29, 2023, the Standing Committee of the National People’s Congress approved a comprehensive...more

Faegre Drinker Biddle & Reath LLP

FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity

At a Glance - - HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. - HB 761 also stated that it should be applied retroactively to...more

Farella Braun + Martel LLP

Navigating California's New Rebuttable Presumption Law

The ever-evolving landscape of employment laws in California has introduced a notable change with the implementation of a new law that establishes a rebuttable presumption of retaliation in some circumstances. This law, which...more

Sullivan & Worcester

Key Changes in China's Company Law which is Reshaping the Business Landscape for Foreign Investors, including Retroactive...

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The amended Company Law of the People's Republic of China (“the New Company Law”) was adopted by the National People's Congress of China and published on December 29, 2023, effective on July 1, 2024. This new legislation...more

Fox Rothschild LLP

The New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?

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In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by which wages due could be doubled or...more

Morrison & Foerster LLP

New York State Slated to Join Post-Employment Non-Compete Ban Bandwagon

New York State is expected to join the growing number of states that significantly limit or prohibit non-compete agreements. On June 20, 2023, the New York State legislature passed S3100A, a bill broadly prohibiting...more

Pierce Atwood LLP

Due Process, Retroactive Laws, and Vested Rights in Development Projects

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Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness:...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

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Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Retroactivity and Recalls

This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more

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