Valerie Escalante

Valerie Escalante

Carlton Fields

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Latest Publications


Back to the Future: 2017 [Expect Focus Life Insurance – December 2016]

- Should Your Company Purchase Bitcoin to Pay a Cyber Ransom? - NAIC Draws Line in CFPB Sandbox - NAIC’s Big Data Task Force Sets Charges for 2017 - Broker-Dealers Can Hold Customers’ Initial Checks...more

1/9/2017 - Annuities Big Data Bitcoin Broker-Dealer CFPB Cross-Selling Cybersecurity Digital Currency Dodd-Frank FINRA FinTech Insurance Industry Life Insurance NAIC OCC Prudential Insurance Ransomware SEC STOLI Trump Administration Usury Virtual Currency

Pennsylvania District Court Rejects Effort to Certify Retained Asset Account Claims Against Prudential

In Huffman v. Prudential, a federal judge in the Eastern District of Pennsylvania recently rejected the plaintiffs’ effort to certify for class adjudication a claim for alleged breach of ERISA (alternatively, state law)...more

1/6/2017 - Adjudicatory Process Class Action Class Certification Employee Benefits ERISA Fiduciary Duty FRCP 23(b)(3) Insurance Industry Life Insurance Motion for Reconsideration Predominance Requirement Prudential Insurance

Complaint Against New York Life Dismissed in Action Testing Application of California’s Usury Laws

In a recent ruling, Lujan v. New York Life Insurance Company, a federal judge in the Northern District of California rejected the plaintiffs’ claim that New York Life violated California’s usury law by charging compound...more

1/4/2017 - Insurance Industry Interest Rates Life Insurance Loans Usury

Navigating Derivative Lawsuits Against Mutual Funds After Northstar

The Ninth Circuit Court of Appeals this spring held that mutual fund shareholders could maintain direct claims against the fund’s trustees for breach of their common law fiduciary duties. Before Northstar v. Schwab, such...more

10/2/2015 - Appeals Beneficiaries Breach of Duty Derivative Suit Fiduciary Duty Investment Investment Companies Investors Mutual Funds Shareholders Trustees

Northstar v. Schwab: The Ninth Circuit’s End Run Around Derivative Lawsuits in the Mutual Fund Context

It is well recognized that only investors have standing to sue a mutual fund on behalf of a class of investors and that a fiduciary duty claim accusing fund trustees of mismanagement is the property of the fund, and not of...more

5/29/2015 - Article III Charles Schwab Class Action Derivative Suit Fiduciary Duty Mutual Funds Shareholders

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