News & Analysis as of

Proposed Amendments Private Right of Action

ArentFox Schiff

Appellate Ruling Affirms Dismissal of NY Private ‘Green Amendment’ Claims

ArentFox Schiff on

Often motivated by the lack of federal engagement on environmental issues, various states have evaluated adding “Green Amendments” to their state constitutions. The practical impact of these amendments will be borne out as...more

BakerHostetler

Manual Breaks Applied to Manual Workers’ Pay Frequency Claims

BakerHostetler on

2024 has gotten off to a hot start for New York employers. We have already seen significant developments regarding the New York Labor Law’s (NYLL) pay frequency requirements....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Governor Hochul Proposes New York Labor Law Amendment to End Pay Frequency Claims

Governor Kathy Hochul’s newly unveiled fiscal year 2025 executive budget proposal includes an amendment to Section 198 of the New York Labor Law (NYLL) that could put an end to pay frequency claims....more

Seyfarth Shaw LLP

New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts....more

Eversheds Sutherland (US) LLP

Department of Labor’s Fiduciary Rule 4.0 proposal

On October 31, 2023, following its announcement by President Biden, the US Department of Labor (DOL or Department) released its Proposal 4.0 regarding ERISA fiduciary investment advice, including amended exemptions for...more

Paul Hastings LLP

Data Privacy and Cybersecurity New Laws and Regulations Report

Paul Hastings LLP on

Throughout 2022, we continue to see regulators placing an emphasis on the importance of protecting and securing information, in particular consumer personal information, at both the federal and state levels. ...more

Spilman Thomas & Battle, PLLC

Proposed Amendment to the North Carolina Identity Theft Protection Act

In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B. 904 seeks to make North Carolina's Identity Theft Protection Act one of the strongest...more

Polsinelli

California Privacy Rights Act: Latest Update, Impact and Next Steps

Polsinelli on

The California Privacy Rights Act (CPRA) is a ballot initiative that, if passed in November, will significantly amend the California Consumer Privacy Act (CCPA)....more

BCLP

CCPA Privacy FAQs: Can a company be sued under the CCPA for failing to post a “do not sell my personal information” link?

BCLP on

No. Section 1798.150 of the CCPA permits consumers to “institute a civil action” only where consumer “nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of...more

BCLP

CCPA Privacy FAQs: Can a company be sued under the CCPA for failing to honor a deletion request?

BCLP on

No. Section 1798.150 of the CCPA permits consumers to “institute a civil action” only where consumer “nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of...more

Holland & Knight LLP

California Consumer Privacy Act Amendments Head to Gov. Newsom's Desk

Holland & Knight LLP on

Five bills to amend California's landmark privacy legislation, the California Consumer Privacy Act (CCPA), passed the California State Legislature last week and now head to Gov. Gavin Newsom's desk. ...more

BCLP

CCPA Security FAQs: Can employees bring a class action under the CCPA following a data breach?

BCLP on

More than likely. “Consumers” can bring suit under the CCPA if they can prove the following five elements...more

Dorsey & Whitney LLP

Work in Progress - Potential CCPA Amendments Advance to Senate Appropriations Committee

Dorsey & Whitney LLP on

On July 9, 2019, the California Senate Judiciary Committee advanced a number of proposed amendments to the California Consumer Privacy Act (“CCPA” or the “Act”), including changes that would significantly impact the treatment...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | July 2019

The Legal 500 Adds Shook to Top Rankings in Cyber Law- The Legal 500 United States has again recognized Shook, Hardy & Bacon as one of the premier litigation firms in the country, giving top marks to a variety of practices,...more

Eversheds Sutherland (US) LLP

Is the CCPA proliferating? A midyear data privacy legislative round-up

While the California Consumer Privacy Act (CCPA) and its potential amendments are still a top concern for businesses, other states are showing that they will not be left behind when it comes to enhanced privacy legislation....more

Proskauer on Privacy

The California Senate is Not Ready to Expand the Consumer Right of Action

Proskauer on Privacy on

Senate Bill 561’s smooth sail through the California legislature came to an end on Thursday, May 16. On the eve of the deadline for all fiscal committees to hear and report on the bills introduced in their house, the Senate...more

Dorsey & Whitney LLP

SB 561 Held in Committee - Private Right of Action Under the CCPA Confined (for Now)

Dorsey & Whitney LLP on

On Thursday, March 16, 2019, the California Senate Appropriations Committee held in Committee SB 561, which would have greatly expanded the private right of action (i.e., the ability to bring private class actions) available...more

White and Williams LLP

Possible and Significant Changes Coming to the CCPA

White and Williams LLP on

Enacted in June 2018, the California Consumer Privacy Act (CCPA) has been criticized for its broad scope, the burdens it would impose on businesses, and its textual ambiguities. The legislation arose from a controversial...more

Faegre Drinker Biddle & Reath LLP

Proposed CCPA Amendments Addressing Insurers (CCPA Meets IIPPA)

In response to numerous comments regarding the California Consumer Privacy Act (CCPA), on February 21, 2019, Assembly Member Tom Daly (D-CA 69th) proposed AB 981, designed to clarify the privacy protection laws applicable to...more

Alston & Bird

Privacy for All and Employees Excluded: Amendments to the CCPA That Have Traction

Alston & Bird on

When first introduced on February 22, 2019, AB 1760 aimed to merely fix a few typographical errors in the California Consumer Privacy Act of 2018 (the “CCPA”). However, when AB 1760 was first amended on April 4, 2019, the...more

Robinson+Cole Data Privacy + Security Insider

Another California Consumer Privacy Act of 2018 Amendment—Employees and/or Job Applicants Are Not Consumers

A few weeks ago, I pondered whether the California Consumer Privacy Act of 2018 (CCPA) is still a bit of a work in progress with the introduction of a proposed amendment. Recently, another amendment was proposed by Assembly...more

Foley & Lardner LLP

Proposed Bill Would Substantially Rewrite the California Consumer Privacy Act of 2018

Foley & Lardner LLP on

...On April 4, 2019, California Assembly Member Wicks proposed sweeping changes to bill AB 1760, effectively repealing the California Consumer Privacy Act of 2018 (CCPA) and replacing it with the Privacy for All Act of 2019...more

Womble Bond Dickinson

Changes on the horizon? Here is the REDLINE You’ve Been Waiting for Tracking How the Stopping Bad Robocalls Act Would Change the...

Womble Bond Dickinson on

Back on June 7, 2018, Representative Frank Pallone, Jr. and Senator Edward J. Markey proposed similar bills to their respective branches of Congress, each entitled the “Stopping Bad Robocalls Act.” The bills are 19 and 18...more

A&O Shearman

FERC Staff and PUCT Oppose CFTC Proposal to Permit Private Right of Action for RTO/ISO Transactions

A&O Shearman on

In June, the General Counsel of the Federal Energy Regulatory Commission (FERC) and the Public Utility Commission of Texas (PUCT) submitted comments to the Commodity Futures Trading Commission (CFTC) opposing the CFTC’s...more

Akin Gump Strauss Hauer & Feld LLP

CFTC Likely Will Not Move Forward on Controversial Proposal to Allow Private Claims for Fraud and Market Manipulation in...

In May 2016, the Commodity Futures Trading Commission (CFTC) proposed an amendment to a 2013 order concerning regional transmission organization (RTO) and independent system operator (ISO) organized electric markets that...more

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