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State and Local Government Private Right of Action

Foley Hoag LLP - State AG Insights

Will State AGs Fill the Gap in FCPA Enforcement?

Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

K&L Gates LLP

Litigation Minute: State Statutes and the Private Right of Action (Generative AI Series: Part Two of Three)

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What You Need To Know In A Minute Or Less - Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints...more

Zelle  LLP

When Are Insurance Code Chapter 542 Penalties Not Owed?

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There are a litany of deadlines an insurer must be mindful of, and this is especially true in Texas, which imposes a number of statutorily prescribed deadlines during the claim adjustment process. The Texas Prompt Payment of...more

McDermott Will & Emery

Mixing Things Up Like a Certain Ice Cream Maker: Vermont Passes Consumer Data Privacy Law

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Just past midnight on May 11, 2024, the Vermont Legislature passed H.121, the Vermont Data Privacy Act (VDPA). If signed into law, the VDPA would become the most onerous state comprehensive privacy law in the country. Among...more

McDermott Will & Emery

Go Big Red! Nebraska Passes Consumer Data Privacy Law

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On April 12, 2024, the Nebraska Legislature passed the Data Privacy Act (NEDPA), sending the bill to Governor Jim Pillen’s desk for signature. NEDPA adds to the patchwork of state consumer privacy laws in that it does not...more

Skadden, Arps, Slate, Meagher & Flom LLP

Tennessee Law Addresses Proliferation of Deepfakes

Tennessee has enacted the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which aims to protect individuals from the use of their persona in connection with “deepfakes” (i.e., fake content generated by artificial...more

White & Case LLP

UPDATE: New York State Set to Prohibit Non-Compete Agreements [VETOED]

White & Case LLP on

Update: On December 22, 2023, New York State Governor Kathy Hochul vetoed the bill that would ban all new non-competition agreements for workers in New York. News reports indicate that Governor Hochul sought to limit the ban...more

Eversheds Sutherland (US) LLP

Mini in name only: state “Mini-TCPAs” carry a big bite and present potential oversized risks

The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more

Holland & Hart LLP

Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

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All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in...more

Perkins Coie

New My Health My Data Act Part 2: Consumer Rights and Business Obligations

Perkins Coie on

As detailed in Part 1 of this ongoing series, Washington Governor Jay Inslee signed the state’s My Health My Data Act (the Act) into law on April 27, 2023. The Act is a first-of-its-kind law that creates new privacy...more

Sheppard Mullin Richter & Hampton LLP

Washington State Enacts Landmark Privacy Law Aimed at Digital Health Industry

On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. This law, named the “My Health My Data Act,” covers a very wide range of entities,...more

Sheppard Mullin Richter & Hampton LLP

My Health My Data Act: Scope of the Law

On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy...more

Faegre Drinker Biddle & Reath LLP

FTSA Does Not Apply to Calls Selling Services to Businesses

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

McDermott Will & Emery

Washington Legislature Passes My Health My Data Act

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Washington State’s My Health My Data Act (the Act), which is working its way through the reconciliation process after the Washington Senate and House passed different versions of the Act, is ultimately expected to be signed...more

BCLP

Is your website violating California's Wiretap Act?

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Retailers, financial services firms, and many other companies utilize third party session replay software to maintain a record of interactions with visitors to their websites for a variety of useful purposes, including to...more

McDermott Will & Emery

Lawmakers Unveil Draft of the American Data Privacy and Protection Act

With time running out in this US Congress, and with midterms around the corner, a bipartisan group of legislators is making what may be a last-gasp attempt at a federal privacy law compromise. On June 3, 2022, House Energy...more

Venable LLP

Biz Opps Stung, Once Again, by the Beehive State

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On March 23, Utah Governor Spencer Cox signed into law sweeping amendments to the state’s Business Opportunity Disclosure Act (BODA). The amendments expand the scope of the statute to cover a broad spectrum of business...more

Ballard Spahr LLP

Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act

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On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more

Hogan Lovells

New York set to amend the New York Hero Act

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As we previously discussed, on May 5, 2021, Governor Cuomo signed the NY Hero Act (the Act) into law, codifying health and safety protocols in response to the COVID-19 pandemic. ...more

Benesch

IRPA Claims - A Troubling New Trend?

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In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq....more

Lowndes

Florida’s Consumer Privacy Law Fails to Pass

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On Friday, April 30, Florida’s legislature closed its 2021 session without passing the much anticipated Florida Privacy Act. The Act largely failed to pass due to a disagreement between Florida’s house that wanted a private...more

Lowndes

Florida’s Legislature Takes Gigantic Detour in Privacy Law

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Turns out that Florida’s greatest rivalry is not between FSU and UF. Rather, it appears to be between businesses and consumers. At least, that is how it appears to be if you examine the Florida Legislature’s latest...more

BakerHostetler

Private Right of Action May Again Poison Washington Privacy Act

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On March 26, with less than a month left in the Washington Legislature’s 2021 session, the House Civil Rights and Judiciary Committee (CRJC) passed the Washington privacy act (2SSB 5062), with amendments, on a straight...more

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