Michael Wolgin

Michael Wolgin

Carlton Fields

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Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration

On May 11, 2016 we reported on a dispute between certain captive insurance administrative service providers (Capstone) against various defendants concerning the rights to certain intellectual property related to a captive...more

7/27/2016 - Arbitration Captive Insurance Company Engagement Letters Insurance Industry Intellectual Property Litigation Intellectual Property Protection Petition For Rehearing

Court Confirms Arbitration Award In Chemical Transport Dispute Finding No Manifest Disregard Of The Law

ICC Chemical Corporation sued Nordic Tankers Trading A/S concerning a cancelled charter agreement. Per the agreement, Nordic was scheduled to have its vessel present at the port ready to be loaded with ICC’s chemical cargo....more

6/16/2016 - Arbitration Arbitration Awards Chemicals Inspections Manifest Disregard Motion to Vacate Ports Shipping Shipping Cargo Vessels

Court Denies Motion To Enforce Judgment And Grants Motion To Stay Pending Appeal In Contentious Arbitration Clause Dispute

We previously reported on the confirmation of three awards in a dispute between National Indemnity Company (“NICO”) and IRB Brasil Ressegurous S.A (“IRB”). In April, NICO submitted a motion for an award of its fees and costs...more

6/15/2016 - Arbitration Arbitration Awards Insurance Industry National Indemnity Company

Update On Covered Agreement Negotiations Between The U.S. And The European Union

As we previously reported in March 2016, the United States initiated discussions with the European Union to enter into a Covered Agreement addressing: (1) the equivalence of the U.S. insurance and reinsurance regulatory...more

6/14/2016 - Covered Agreement Dodd-Frank EU Insurance Industry Reinsurance Solvency II

Court Considers Defenses Under Both New York Convention And The FAA In Confirming Domestic Arbitration Award Against Foreign Party

Immersion Corporation, a U.S. company, had previously entered into a settlement with Sony, a Japanese company, regarding the latter’s alleged patent infringement. Subsequently, a dispute arose surrounding whether Sony was...more

6/13/2016 - Arbitration Federal Arbitration Act New York Convention Patent Infringement Patent Litigation Patents Settlement Agreements Sony

Reinsurance (E) Task Force Of The NAIC Meets In New Orleans

The minutes of the April 4, 2016 task force meeting included the following seven items of activity: - Adopted its Jan. 6, 2016 and Dec. 9, 2015 minutes (which were attached), which reflected the adoption of revisions to...more

5/26/2016 - Insurance Industry Meeting Minutes NAIC Reinsurance

Court Grants Motion Of Non-Signatory To Compel Arbitration Of Privacy Violation Claims Of Putative Class Of Verizon Customers

The class action was brought by Verizon subscribers against a “targeted advertising” company business partner of Verizon (Turn, Inc.) for deceptive trade practices under New York law. Plaintiffs alleged that Turn violated...more

5/5/2016 - Advertising Arbitration Class Action Cookies Motion to Compel Service Contracts Telecommunications Tracking Systems Unfair or Deceptive Trade Practices Verizon

Court Looks To Prior Related Reinsurance Litigation In Ruling That Reinsurer Must Post Pre-Pleading Security

We previously reported on reinsurance litigation in Connecticut federal court between Travelers Indemnity Co. and Excalibur Reinsurance Corp, which the parties settled in May 2014. See prior post dated July 31, 2014. A year...more

4/13/2016 - Insurance Industry Insurance Litigation Reinsurance Travelers Property Casualty Co.

Office Of Financial Research Issues Brief Analyzing Disclosures By Insurers Of 2014 Data Related To Captive Transactions

On March 17, 2016, the Office of Financial Research, an agency created by the Dodd-Frank Act of 2010 to analyze risk to the financial system, released a brief discussing “recent policy measures” by the NAIC “and the data that...more

4/11/2016 - Captive Insurance Company Insurance Industry Life Insurance NAIC Reporting Requirements

Maine Amends Rule Regarding Credit For Reinsurance

Effective January 24, 2016, Maine amended Bureau of Insurance Rule 740, Credit for Reinsurance, in order to implement the newly adopted provision of the Maine Credit-for-Reinsurance Act that allows reduced collateral for...more

3/2/2016 - Insurance Industry NAIC Reinsurance

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

1/4/2016 - Arbitration Arbitration Awards Federal Arbitration Act India International Arbitration Preemption Statute of Limitations

Court Lays Out Various Guidelines For Asserting Privilege In Insurance And Reinsurance Related Discovery

The court considered the various privilege assertions of both the insurers (plaintiffs) and the insureds (defendants) in a multi-insurer insurance litigation. In analyzing varying categories of documents, including subsets of...more

11/17/2015 - Attorney-Client Privilege Discovery Insurance Industry Insurance Litigation Reinsurance

Sixth Circuit Clarifies Prior Reversal Of An Order That Had Vacated Arbitration Award As A Manifest Disregard Of The Law

After an arbitrator ruled that indemnification agreements between an acquiring company and certain former directors and trustees of employee stock ownership plans, were void under ERISA, the district court vacated the...more

11/16/2015 - Arbitration Employee Benefits ERISA Indemnification Clauses Manifest Disregard

FINRA Panel Did Not Exceed Authority Or Manifestly Disregard Law By Failing To Award “Prevailing Party” Attorney’s Fees

A broker sought to vacate his FINRA compensatory damages award against a broker/dealer because the award did not include his attorney’s fees. The broker believed he was entitled to those fees as the “prevailing party” within...more

10/29/2015 - Attorney's Fees Broker-Dealer Brokers Compensatory Damages Financial Institutions Financial Markets FINRA

Tennessee Supreme Court Holds That State Unconscionability Law Does Not Implicate Concepcion And Is Not Preempted By FAA

The Supreme Court of Tennessee reversed the lower courts’ rulings that a non-mutual arbitration provision in an installment contract on the sale of a manufactured home was unconscionable and unenforceable. In doing so,...more

10/8/2015 - Arbitration AT&T Mobility v Concepcion Federal Arbitration Act Installment Agreements Mandatory Arbitration Clauses Manufactured Housing Preemption SCOTUS TN Supreme Court Unconscionable Contracts

Sixth Circuit Reverses Vacatur Of Award Stressing Limited Scope Of Permissible Judicial Review

The district court had vacated an arbitration award that had reinstated a terminated hospital employee under a collective bargaining agreement. The district court based its ruling on its interpretation of the CBA, which it...more

10/7/2015 - Arbitration Arbitration Awards Collective Bargaining Vacated

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more

8/27/2015 - Arbitration Arbitration Agreements Arbitration Awards Insurance Industry Non-Signatories Workers' Compensation Claim

Fourth Circuit Applies “Limited Review” Of Class Arbitration Award And Finds No Manifest Disregard Of The Law

The Fourth Circuit considered whether an arbitrator manifestly disregarded the law by failing to find actual damages and failing to award sufficient attorney’s fees against certain non-profit credit repair companies, despite...more

8/25/2015 - Arbitration Arbitration Awards Attorney's Fees Credit Repair Services CROA Non-Profits

Procedural Oddities Result From Simultaneously Seeking Vacatur Of An Arbitration Award And Relief On The Merits Of The Dispute

The Second Circuit reversed the district court’s dismissal of a claim for vacatur without prejudice, which had been based on the panel’s finding that it lacked personal jurisdiction. The Second Circuit examined the merits of...more

7/16/2015 - Arbitration Arbitration Awards Breach of Contract Dispute Resolution

Seventh Circuit Rejects Challenge To Arbitration Award Based On “Manifest Disregard Of The Law” And Fraud

This case involved a FINRA arbitration held to resolve a dispute over money allegedly owed to Ameriprise Financial Services by a former financial adviser. The financial adviser appealed the district court’s confirmation of...more

6/3/2015 - Ameriprise Financial Arbitration Federal Arbitration Act Financial Adviser FINRA

Ninth Circuit Directs Court To Vacate Ruling That Disqualified Arbitrator In The Midst Of An Ongoing Arbitration

The dispute at issue in this case involved claims of fraud in the sale of condominium units asserted by unit purchasers against the condominium developer. Arbitration under the AAA was underway between the parties, when it...more

6/1/2015 - American Arbitration Association Appeals Arbitration Clear Error Standard Condominiums Fraud Housing Developers

Incorporation Of AAA Rules “Clearly And Unmistakably” Delegates Questions Of Arbitrability To Arbitrator

In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of...more

5/13/2015 - American Arbitration Association Arbitration Agreements AT&T Mobility v Concepcion Blackwater Contract Terms Employee Benefits Federal Arbitration Act Federal Contractors Government Contractors Putative Class Actions

IRS Proposes Regulations Directed To “Passive” Hedge Fund Foreign Insurance Entities

On April 24, 2015, the Internal Revenue Service proposed regulations directed to “situations in which a hedge fund establishes a purported foreign reinsurance company in order to defer and reduce the tax that otherwise would...more

5/12/2015 - Capital Gains Foreign Investment Hedge Funds Insurance Industry IRS Reinsurance

Court Precludes Discovery Of Reinsurance Information In Airport Construction Insurance Coverage Dispute

In a construction loss coverage litigation brought by Indianapolis Airport Authority (IAA) against its builders risk insurer, Travelers Property Casualty Company, IAA unsuccessfully attempted to issue a subpoena to...more

4/21/2015 - Airports Builder's Risk Exclusion Construction Project Discovery Insurance Litigation Motions to Quash Protective Orders Travelers Property Casualty Co.

Fifth Circuit Affirms Vacatur Of Arbitration Award Where Arbitrator Failed To Follow Provisions Governing Selection Of Arbitrator...

Organizational Strategies Inc. (OSI) had entered into an agreement with Capstone Associated Services Ltd. for the latter to form three captive insurance companies for OSI. Included in the contract was an arbitration clause...more

4/21/2015 - American Arbitration Association Arbitration Arbitration Awards Captive Insurance Company Chamber of Commerce Contract Disputes

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