Regulators Hit Jackpot: Off-Channel Communications -
Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more
10/11/2023
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Artificial Intelligence ,
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Class Action ,
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Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Federal Arbitration Act ,
Financial Contracts ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Health Insurance ,
Insider Trading ,
Insurance Fraud ,
Insurance Litigation ,
Insurance Regulations ,
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NAIC ,
NLRA ,
NLRB ,
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NYDFS ,
Regulatory Requirements ,
Retirement ,
Robocalling ,
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Wage and Hour
No one likes receiving telemarketing calls or text messages from strangers. That’s one reason Congress enacted the Telephone Consumer Protection Act more than 30 years ago. Initially designed, in part, to combat the scourge...more
In a prior Law360 guest article, we addressed the issue of standing for Telephone Consumer Protection Act class actions in the U.S. Court of Appeals for the Eleventh Circuit. As we noted in the article, the metes and bounds...more
On July 27, the U.S. Court of Appeals for the Eleventh Circuit issued a precedential decision in Drazen v. Pinto, which centered on an "argument over the meaning of coupon settlements."
Originally published in Law360 on...more
On March 31, 2022, the Florida Supreme Court issued a 6-1 decision in Airbnb Inc. v. Doe that resolved a split among Florida state appellate courts as to how specific a delegation of arbitrability must be to delegate the...more
On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron Weiss and Charles...more
7/1/2021
/ Amended Legislation ,
ATDS ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Governor DeSantis ,
Marketing ,
Prior Express Consent ,
Private Right of Action ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
About LAN Party Lawyers ("LPL"):
Two lawyers tackle cutting-edge topics at the intersection of video games, law, and business. Through debate, discussion, and interviews, LPL episodes explore issues facing everyone in the...more
Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more
If you actively litigate your removed case in federal court before timely moving to remand, do you waive the right to remand? It depends on the Circuit. A February 2016 decision from the Southern District of West Virginia...more
With regard to preservation of an issue for appeal, how close is close enough? This issue was examined in a recent decision by the Fourth Circuit Court of Appeals in CoreTel Virginia, LLC v. Verizon Virginia, LLC, No....more
A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own?
In Amato v. Bell & Gossett, 116 A. 3d 607 (Pa. Super 2015),...more
To preserve an issue for appellate review while at trial, is it acceptable to rely on a standing objection advanced when the issue first arises? Or should you renew your position whenever confronted with objectionable...more
Does your motion in limine sufficiently preserve your objection to the introduction of evidence at trial, or do you need to be on your toes to make a contemporaneous objection at trial? A recent Illinois decision illustrates...more