News & Analysis as of

Proposed Legislation Damages

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

Illinois Lawmakers Moving Forward with Bill to Cap Penalties for “Per Scan” Violations under BIPA

Benesch on

Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more

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

Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations

The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more

Dorsey & Whitney LLP

Ensuring Access to Justice: The Litigation Funding Agreements (Enforceability) Bill and the Path Forward Post-PACCAR

Dorsey & Whitney LLP on

Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more

White & Case LLP

The Delaware General Assembly to the Rescue: Proposed Legislative Fixes to Uncertainty Created by Three Significant Delaware...

White & Case LLP on

Summary - On March 28, 2024 the Council of the Corporation Law Section of the Delaware State Bar Association released a set of proposed amendments to the Delaware General Corporation Law (the "DGCL"). The proposed...more

Otten Johnson Robinson Neff + Ragonetti PC

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Snell & Wilmer

Colorado Homebuilders May Face Increased Claims Under the Colorado Consumer Protection Act - New Legislation Seeks to Eliminate...

Snell & Wilmer on

A new proposed bill has the potential to significantly impact the viability of consumer protection claims brought against Colorado homebuilders. Consumer protection claims brought by homebuyers against homebuilders in...more

Rivkin Radler LLP

A Sleeping Giant: New York’s Grieving Families Act

Rivkin Radler LLP on

The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more

Smith Gambrell Russell

Proposed Bill Outlawing Non-Compete Agreements in New York

Smith Gambrell Russell on

A sweeping proposed bill (A1278B) amending the New York Labor Law to make unlawful any non-compete agreement has passed the state Assembly and is heading to New York Governor Hochul. If signed, the bill would cover all...more

Seward & Kissel LLP

NYS Senate Passes Bill Banning Non-competes; On to NYS Assembly

Seward & Kissel LLP on

On June 7, 2023, the New York State Senate passed Bill No. SO3100, which, if signed into law, would ban non-compete agreements (“non-competes”) throughout the state, without exception. The bill defines non-competes...more

Cozen O'Connor

BIPA Reform Bill Introduced in Illinois Senate

Cozen O'Connor on

Friday the Illinois Senate submitted a BIPA reform bill as part of HB3811, which we are hearing is likely to pass. While HB3811 provides for a single damages recovery for purported BIPA violations (addressing “per scan”...more

Bond Schoeneck & King PLLC

Governor Hochul Vetoes Changes to Wrongful Death Law

On Jan. 31, 2023, New York Gov. Kathy Hochul vetoed a bill designed to dramatically overhaul the state’s wrongful death statute by permitting the family members of wrongful death victims to recover for emotional distress....more

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

Beltway Buzz - December 2022 #3

117th Congress Works on Last-Minute Bills as Holidays Loom. Nothing is more typical of the holiday season in Washington, D.C., than a last-minute legislative crisis in the U.S. Congress, and this year is no different. With...more

Harris Beach PLLC

NY Law Permits Claims by Nursing Home Patients’ Representatives and Estates

Harris Beach PLLC on

On August 18, 2022, Governor Kathy Hochul signed into law a bill amending Section 2801-d of New York’s Public Health Law to expressly provide the legal representative or estate of a nursing home resident the right to bring a...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey

Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers. On May 19, 2022, the New Jersey Assembly’s Labor...more

Console and Associates, P.C.

The Camp Lejeune Justice Act of 2022 Passes the House of Representatives

Earlier this month, the U.S. House of Representatives passed a bill carving out an exception to the general rule that the United States government is not liable for injuries to servicemembers. The Camp Lejeune Justice Act of...more

Husch Blackwell LLP

Status Of Proposed CCPA-Like State Privacy Legislation As Of March 29, 2021

Husch Blackwell LLP on

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

FordHarrison

Georgia Legislature Passes COVID-19 Liability Shield

FordHarrison on

On June 26, 2020, as the Georgia General Assembly was about to adjourn, it passed the Georgia COVID-19 Pandemic Business Safety Act. The Act protects businesses, healthcare providers, healthcare facilities, and other entities...more

Allen Matkins

Legislator Proposes Treble Damages And Unilateral Attorneys' Fee For Securities Claims

Allen Matkins on

Assembly Member Al Muratsuchi recently introduced a bill, AB 2069, that would grant courts the discretion to award treble damages for violations of the qualification requirements of the Corporate Securities Law of...more

Hogan Lovells

Dutch House of Representatives adopts draft legislation on Collective Action for Damages in the Netherlands

Hogan Lovells on

This week, the Dutch House of Representatives adopted the draft legislation on collective action for damages, including five amendments to the legislative proposal. Last year, we published an update on the development of the...more

Spilman Thomas & Battle, PLLC

WVCCPA and the 2018 West Virginia Legislative Session Update #1

The 2018 West Virginia Legislative Session ended last week, and the legislature has rejected two bills that would have modified the Consumer Credit and Protection Act (“WVCCPA”), the primary statute in West Virginia that...more

Michigan Auto Law

Bills to replace Michigan No Fault with pure tort liability insurance system introduced

Michigan Auto Law on

Here is what a pure tort liability system will mean for car accident victims and drivers in Michigan - Yesterday House Republicans introduced legislation to repeal Michigan’s 45-year-old No Fault auto insurance law and...more

Fisher Phillips

California Dreaming: Pennsylvania’s Proposed “Freedom to Work Act” Aims to Join California in Banning Non-Compete Agreements

Fisher Phillips on

Late last year, Pennsylvania legislators introduced House Bill 1938, the “Freedom to Work Act” (the “Act”), an outright ban on “covenant[s] not to compete” in Pennsylvania. Under the Act, “a covenant not to compete is...more

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

New Jersey Bill Seeks to Significantly Restrict the Use and Enforceability of Non-Compete Agreements

On November 9, 2017, the New Jersey Senate introduced Senate Bill 3518, which would drastically limit an employer’s ability to enter into, and subsequently enforce, restrictive covenants (or “non-compete” agreements) with...more

Searcy Denney Scarola Barnhart & Shipley

HR 1215 — Taking Rights Away from Americans

The House of Representatives is trying once again to get HR 1215 out and into the Senate to make it the law of the land. This is a really bad law that takes away rights of Americans....more

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