Ben Seessel

Ben Seessel

Carlton Fields

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FTC's Big Data Report Provides Road Map for Insurers Using Big Data

On January 6, the Federal Trade Commission ("FTC") released a report entitled "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues" ("Report") that follows the FTC's September 15, 2014 workshop on "the...more

1/27/2016 - Big Data Discrimination FCRA FTC Insurance Industry Popular Title VII

Bill to Amend Florida’s Unclaimed Property Act Regarding Unclaimed Insurance Benefits Moves to Senate Floor

On January 19, the Florida Senate Banking and Insurance Committee approved a Senate bill (“SB 966”) that would modify Florida’s existing Unclaimed Property Act (the “Act”) requirements regarding unclaimed insurance benefits....more

1/26/2016 - Florida Insurance Industry Life Insurance Pending Legislation Unclaimed Property

Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016, Passes House and Heads to Senate

On January 8, the U.S. House of Representatives passed, by a 211-188 vote along party lines, H.R. 1927, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016. The bill would amend U.S....more

1/20/2016 - Asbestos Class Certification Pending Legislation Putative Class Actions The Fairness in Class Action Litigation Act of 2015

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable...more

1/11/2016 - 401k Administrative Proceedings Big Data Bitcoin BSA/AML E-Commerce Medical Devices SEC STOLI Takedown Notices Variable Annuities

Solicitors Argue to U.S. Supreme Court That Vermont Health Care Reporting Law Is Not Preempted By ERISA

The Supreme Court will soon consider whether, as applied to self-insured health benefit plans or their third-party administrators, ERISA preempts a Vermont law requiring health care payers to report claims and other data to a...more

1/4/2016 - Affordable Care Act Employee Benefits ERISA Health Insurance Insurance Industry Preemption Reporting Requirements

Michigan District Court Holds TCPA “Junk Fax” Class Ascertainable, Certifies Class

The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying...more

12/30/2015 - Class Certification Motion for Summary Judgment Putative Class Actions TCPA Unsolicited Faxes

NAIC's Market Regulation Committee Adopts Broad Charge to Explore Insurers' Big Data Use

On December 11, the Market Regulation and Consumer Affairs (D) Committee (Market Reg Committee) of the National Association of Insurance Commissioners (NAIC) adopted the following charge... ...more

12/16/2015 - Big Data Insurance Industry NAIC Regulatory Standards Underwriting

Will the UK's Scrutiny of Insurers' Use of Big Data Impact U.S. Regulators?

On November 24, the United Kingdom's financial regulator, the Financial Conduct Authority (FCA), issued a "Call for Inputs" regarding insurers' use of Big Data. The FCA asked for views, supported by examples and evidence, of...more

12/3/2015 - Big Data Competition Financial Conduct Authority (FCA) Insurance Industry Regulatory Oversight

California District Court Holds Class Action Alleging Securities Act Claims Not Removable Under SLUSA

The United States District Court for the Northern District of California recently clarified the criteria for removal of a securities class action filed in state court under the Securities Act of 1933, 15 U.S.C. §§ 77a, et...more

11/4/2015 - Class Action Initial Public Offerings IPO Motion to Remand Securities Act Securities Fraud Securities Litigation SLUSA

Northern District of Texas Won’t Certify Class of GM Employees Alleging Religious Accommodation Claims

The U.S. District Court for the Northern District of Texas refused certify a class of GM employees alleging Title VII religious accommodation claims because the class was not ascertainable and plaintiffs failed to satisfy the...more

11/3/2015 - Civil Rights Act Class Action Class Certification General Motors Religious Accommodation Religious Discrimination Title VII Unpaid Leave Wage and Hour

Catching Up To Insurers’ Use of Big Data

Various groups within the NAIC are beginning to study the way in which insurers are using big data. On the property and casualty front, the Market Regulation (D) (Market Reg) Committee is reviewing the use of big data in...more

10/2/2015 - Algorithms Analytics Big Data Claim Procedures FCRA Insurance Industry NAIC Underwriting

Ninth Circuit Holds District Court Erred In Denying Certification To Class Of Google Advertisers

A Ninth Circuit panel reversed a district court’s order denying certification of a putative nationwide class of internet advertisers, holding that the district court erred in finding that plaintiff failed to satisfy Rule...more

10/1/2015 - Advertising AdWords Appeals Class Action Class Certification Comcast Comcast v. Behrend Google Online Advertisements Putative Class Actions Rule 23(b)(3) Unfair Competition Websites

Cybersecurity as a Regulatory Issue: The NAIC Considers The Anthem Breach And Weighs a “Cybersecurity Bill of Rights”

The Cybersecurity Task Force of the National Association of Insurance Commissioners (the “NAIC”) met last month, as part of on the NAIC’s 2015 Summer National Meeting in Chicago. The Task Force focused on two issues: the...more

9/3/2015 - Anthem Blue Cross Consumer Privacy Bill of Rights Cyber Attacks Cyber Crimes Cyber Insurance Cyber Threats Cybersecurity Cybersecurity Framework Data Breach Data Protection Data Security FBI Healthcare Insurance Industry NAIC Popular Task Force

CAFA Jurisdiction: Cases Consolidated in California Cannot be Split by the Local Controversy Exception

Assuming its other requirements are satisfied, the local controversy exception to CAFA jurisdiction requires a district court to remand a class action if, during the three-year period preceding the filing of that action,...more

9/1/2015 - CAFA Class Action Employment Discrimination Gender Discrimination Jurisdiction Race Discrimination

Seventh Circuit Affirms Approval of Class Action Coupon Settlement Despite “Clear Sailing” and “Kicker” Clauses and Potential...

The Seventh Circuit affirmed a class action coupon settlement involving “clear sailing” and “kicker” clauses and a fee award based on the lodestar analysis rather than the value of the redeemed coupons, and notwithstanding a...more

8/28/2015 - Class Action Conflicts of Interest Fee Awards Lodestar Method Settlement Southwest Airlines Vouchers

Seventh Circuit Applies “Weak” Ascertainability Requirement, Splits From Third and Eleventh Circuits

A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff...more

8/12/2015 - Ascertainable Class Bayer BMW Class Action False Advertising Nutrition Facts Labels Nutritional Supplements Rule 23(b)(3) Rule 23(f) Unfair or Deceptive Trade Practices Vital Pharmaceuticals

Representative Action Under California’s Private Attorneys General Act Not Waived Through Employment Agreement’s Arbitration...

The Central District of California held that a waiver of representative actions in an employment agreement’s arbitration provision did not preclude a former employee from pursuing in court a claim under California’s Private...more

8/6/2015 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Employment Contract Federal Arbitration Act PAGA

Certification Unhealthy: Ninth Circuit Vacates Order Certifying Class of Dietary Supplement Purchasers

The Ninth Circuit vacated a class certification order issued by the Central District of California, finding that common issues did not predominate because plaintiff had failed to demonstrate that the alleged misrepresentation...more

7/2/2015 - Class Action Class Certification CLRA Dietary Supplements False Advertising Putative Class Actions Unfair Competition

Sixth Circuit Holds No Disgorgement of Profits Based on Wrongfully Denied ERISA Disability Benefits

The Sixth Circuit Court of Appeals, sitting en banc, recently decided a closely-watched case regarding the scope of "other appropriate equitable relief" under ERISA Section 502(a)(3). In Rochow v. LINA, the court held that...more

6/18/2015 - 401k Amicus Briefs Attorney's Fees Disability Benefits Disgorgement Employee Benefits En Banc Review Equitable Relief ERISA Insurance Industry Retirement Retirement Plan

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

6/15/2015 - Algorithms Article III Campbell Ewald v Gomez Certiorari Class Action Comcast v. Behrend Doffing Donning Due Process Dukes v Wal-Mart FLSA Protective Gear Rules Enabling Act SCOTUS Spokeo v Robins Trial-by-Formula Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

CAFA Local Controversy Exception Established Through Sampling and Statistics

An Illinois federal district court recently credited sampling data as evidence sufficient to establish the citizenship of putative class members for purposes of invoking the local controversy exception to CAFA...more

6/10/2015 - CAFA Class Action Class Certification Contaminated Properties Jurisdiction Putative Class Actions

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing...more

5/15/2015 - Appeals Boeing CAFA Class Action Environmental Claims Groundwater Jurisdiction Mass Action

California District Court Refuses To Certify 33-Jurisdiction Class Due To Material Variations in State Warranty Law

The U.S. District Court for the Eastern District of California certified a California-only subclass of purchasers of allegedly mislabeled KitchenAid refrigerators but denied plaintiffs’ motion to certify a 32-state and...more

5/14/2015 - Class Action Consumers Legal Remedies Act ENERGY STAR Program Jurisdiction Labeling Misleading Impressions Unfair Competition Warranties Whirlpool

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