Barry Leigh Weissman

Barry Leigh Weissman

Carlton Fields

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Latest Publications


Expect Focus - International, Spring, March 2017

Rules of the (International) Road - An Overview - Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally,...more

3/22/2017 - BEPS China Commercial Leases Cuba Insurance Industry Intangible Property International Relations International Travel Investment Multinationals Retail Market Tax Planning Travel Ban Trump Administration

China Tightens Regulations on Investing Insurance Funds in Shares of Listed Companies

The entire Chinese economy, including its insurance industry, has experienced rapid growth in recent years. Speculative investments have become an inevitable byproduct of this growth. One of the most well-known examples of a...more

3/20/2017 - China CIRC Financial Markets Insurance Industry Investment Regulatory Oversight Stocks

Minnesota Discovers Limits To Its Regulator’s Power Over Insurers

In Minnesota, the Commissioner of the Department of Commerce regulates the insurance industry, and he has a statutory right to conduct investigations “related to the duties and responsibilities entrusted to” him. Last month,...more

1/16/2017 - ALJ Consumer Financial Products Financial Services Industry Insurance Industry Regulatory Oversight Request For Information Surveys

Brexit’s Impact on the Insurance Industry

Following the UK’s historic advisory vote to leave the EU, key questions must be answered before any real change occurs. These include: Must the government implement the advisory vote, and if so, how? Will the UK...more

10/26/2016 - Cybersecurity Data Privacy EEA EIOPA EU Insurance Industry Member State NAIC Passporting Popular Referendums Solvency II Treaty of Lisbon UK UK Brexit WTO

Arbitration Clause Contained Only In “Side” Agreements To Insurance Policies, Enforced In Dispute Over “Retrospective Premiums”

A U.S. District Court for the Southern District of New York recently enjoined Advanced Micro Devices (AMD), from proceeding with litigation in California against National Union Fire Insurance Company (NUFIC), related to a...more

9/8/2016 - Arbitration Arbitration Agreements Indemnity Agreements Insurance Industry Insurance Litigation National Union Preliminary Injunctions

Fifth Circuit Follows D.R. Horton And Murphy Oil Precedent, Ruling That An Arbitration Agreement Prohibiting Employee Class Or...

The Fifth Circuit refused to enforce an order of the NLRB that found an arbitration agreement was invalid because it waived an employee’s right to maintain employment related class or collective actions....more

9/6/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton v NLRB Mandatory Arbitration Clauses Murphy Oil USA NLRA NLRB

Changes in Cuba May Impact the Insurance Industry

While much remains to be determined, the recent easing of U.S. restrictions on travel to and trade with Cuba may bring opportunities for U.S. and global insurance companies. However, many questions and obstacles remain. This...more

8/24/2016 - Cuba Health Insurance Healthcare Insurance Industry Liability Insurance Life Insurance OFAC Popular Sanctions Travel Restrictions Vessels

Panel Did Not Commit Manifest Disregard Of The Law When It Rejected Res Judicata Defense

A construction company appealed an order confirming an international arbitration award, which had denied the company’s demand for unpaid monies against an Antiguan medical school. The award also granted the medical school’s...more

7/26/2016 - Appeals Arbitration Awards Construction Industry Construction Litigation Construction Project Res Judicata

Eighth Circuit Rules That NLRB Erred By Invalidating Employment Agreements Requiring Individual Arbitration

We previously reported on a federal circuit split that has developed over the enforceability of arbitration provisions waiving class actions in employment agreements. Compare December 19, 2013 (D. R. Horton) and November 9,...more

7/5/2016 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton v NLRB Mandatory Arbitration Clauses Murphy Oil USA NLRA NLRB Section 8(a)

Brexit's Impact on the Insurance Industry

Following the UK’s historic vote to leave the EU, numerous questions have arisen, including whether the UK will really leave the EU and whether Scotland and Northern Ireland (both of which voted to remain in the EU) will have...more

7/5/2016 - Cybersecurity Data Privacy Domicile EU Foreign Corporations Foreign Jurisdictions Insurance Industry Member State Money Laundering Parent Corporation Popular Referendums Risk Management Solvency II UK UK Brexit VAT

Eighth Circuit: Delay In Asserting Right To Arbitrate And Using Litigation Machinery Results In Waiver

The plaintiff, a terminated employee, had signed a two year employment agreement and a separate arbitration agreement with a home décor company. The plaintiff was terminated after six months and sued the defendant in...more

5/23/2016 - Arbitration Arbitration Agreements Corporate Counsel Hiring & Firing Motion to Compel Pre-Employment Agreements Rule 26 Wrongful Termination

Fifth Circuit: Diversity Jurisdiction Determined By Amount Sought In Arbitration, Not Amount Of Award

In a recent interlocutory appeal of a matter involving an arbitration of a claim for $80 million, but in which only $10,000 was awarded, the Fifth Circuit held that the amount in controversy for purposes of establishing...more

5/3/2016 - Arbitration Arbitration Awards Diversity Jurisdiction Interlocutory Appeals Motion to Compel

Second Circuit Rules On Arbitrability Question

After a de novo review of the District Court’s ruling denying a bank’s motion to compel arbitration, the United States Court of Appeals for the Second Circuit reversed and remanded a district’s court order. The plaintiff...more

3/30/2016 - Arbitration Banking Sector De Novo Standard of Review Mandatory Arbitration Clauses Motion to Compel

UK Court Addresses Arbitrator’s Purported Conflict Of Interest

A dispute arose over a project in Iraq between a British Virgin Island claimant and a Malaysian defendant with a sole Canadian QC arbitrator. The claimant’s challenge of the arbitrator’s award was based upon bias because of...more

3/28/2016 - Arbitration Arbitration Awards Bias Conflicts of Interest International Arbitration

Following Reversal Of Arbitrability Rulings On Appeal, Court Dismisses Reinsurance Litigation Based On Forum Selection

On August 15, 2014, we reported on a Tennessee district court finding unenforceable an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer. The insured had filed a lawsuit...more

2/29/2016 - Forum Selection Clause Insurance Industry Mandatory Arbitration Clauses Motion to Compel Reinsurance

Arbitration Award Overturned Because Panel Not Impartial

On November 4, 2015, the New York Supreme Court vacated an arbitration award concerning the right to televise baseball games on the ground that the arbitration panel was not impartial. The arbitration involved the Baltimore...more

2/29/2016 - Arbitration Awards Baseball Federal Arbitration Act NY Supreme Court Television Programming Vacated

Cedent Is Not Required To Minimize Its Reinsurance Recovery In Order For The “Follow The Fortunes” Doctrine To Apply

On December 9, 2014 and August 20, 2015, we reported on the reinsurance dispute between Utica Mutual Insurance Company and Clearwater Insurance Company. In a recent ruling, the court rejected Clearwater’s argument that the...more

2/9/2016 - Insurance Industry Insurance Litigation Reinsurance

Second Circuit Refuses To Vacate FINRA Award As A Manifest Disregard Of The Law

Raymond James had initiated a FINRA arbitration because Singh, a financial advisor who was a registered representative of Raymond James, had refused to indemnify Raymond James pursuant to the terms of their agreement....more

1/21/2016 - Arbitration Arbitration Awards Financial Adviser FINRA Motion to Vacate

Arbitration Award Overturned Under The FAA Because The Panel Was Not Impartial

The New York Supreme Court vacated the award entered in an arbitration of television rights between Mid-Atlantic Sports Network (“MASN”), the Baltimore Orioles, the Commissioner of Baseball (“MLB”) and the Washington...more

1/18/2016 - Arbitration Awards Baseball Federal Arbitration Act NY Supreme Court Television Programming Vacated

Court Denies Reconsideration Of Order Staying Action To Compel Arbitration

A federal district court refused to reconsider its order staying Allstate’s action to compel arbitration against its insured, A.O. Smith. The case involved a Settlement/Coverage-in Place Agreement between A.O. Smith and...more

1/11/2016 - Allstate Arbitration Asbestos Litigation Insurance Industry Motion to Compel Order to Stay

Court Denies Counsel’s Attempt To Use Confidential Documents Obtained In Reinsurance Arbitration In Separate Litigation

A reinsurer that was engaged in a London arbitration against a captive insurer of a defense contractor for the U.S. Navy had obtained documents from the Navy subject to a an agreed confidentiality protective order limiting...more

12/29/2015 - Arbitration Confidential Documents Defense Contracts Insurance Industry Protective Orders Reinsurance U.S. Navy

Arbitration Award That Attempted To Indirectly Adjudicate Non-Party Vacated As Exceeding Arbitrator’s Authority

The dispute involved whether a defense contractor, its owners, and its captive insurance companies (collectively, “OSI”) were entitled to a return of their premiums from a non-party insurer (“PoolRe”) that serviced a risk...more

12/10/2015 - Arbitration Awards Captive Insurance Company Defense Contracts Insurance Industry Insurance Risk Pool

Court Approves Replacement Arbitrator In Reinsurance Dispute Despite Technical Violation Of Arbitration Agreement

In a short handwritten ruling, a court recently denied Odyssey Reinsurance Company’s challenge to a replacement arbitrator appointed by its opponents, Certain Underwriters at Lloyds London Syndicate 53 and Reliastar...more

12/8/2015 - Arbitration Agreements Arbitrator Selection Disputes Insurance Industry Lloyds of London Reinsurance

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