Wilson Barmeyer

Wilson Barmeyer

Sutherland Asbill & Brennan LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Heads I Win, Tails You Lose: TCPA Defendants Finding Success in Striking “Fail-Safe” Class Allegations

The 1964 cold war era movie, “Fail-Safe,” centered on the plight of a U.S. military jet pilot who received an errant instruction to drop a nuclear bomb on Moscow. Unlike the movie, where Henry Fonda, as the fictional...more

9/28/2016 - Class Action Class Certification Defense Strategies TCPA

Cruise Ships Miss the Boat on TCPA Compliance to the Tune of Up to $76 Million

With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The...more

9/13/2016 - Article III Corporate Counsel Cruise Ships Putative Class Actions Risk Management Robocalling Spokeo v Robins TCPA

Ten Things You Should Know About the 2016 Uniform Unclaimed Property Act

The 2016 Uniform Unclaimed Property Act (2016 Act) was adopted unanimously by the Uniform Law Commission (ULC) in a 49-0 vote at its 2016 summer meeting. The adoption of the revised model law is a significant step forward for...more

8/12/2016 - Audits B2B Transactions Contingency Fees De Minimus Quantity Exemption Death Benefits Escheat Life Insurance Securities State Treasurers Statute of Limitations Unclaimed Gift Cards Unclaimed Property Uniform Law Commission

Power Play: Energy Utilities Score Big as FCC Approves Use of Robocalls and Texts Under the TCPA; Schools Get an Assist

Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely...more

8/9/2016 - Declaratory Rulings FCC Prior Express Consent Public Schools Public Utility Robocalling TCPA Text Messages

Legal Alert: Voice Over Internet Protocol and the TCPA:  The Hidden Pothole on the Information Super Highway

Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to...more

7/27/2016 - Auto-Dialed Calls Cell Phones Class Action Corporate Counsel FCC Robocalling Summary Judgment TCPA VoIP

Sutherland Wins Dismissal of TCPA Fax Case: Applying Spokeo, Court Finds Plaintiff Incurred No Actual Harm

On July 5, in Sartin v. EKF Diagnostics, Inc., No. 16-1816, 2016 WL 3598297 (E.D. La. July 5, 2016), the U.S. District Court for the Eastern District of Louisiana granted Defendant’s Rule 12(b)(1) motion to dismiss because...more

7/15/2016 - Article III Dismissals Federal Rule 12(b)(1) Injury-in-Fact Putative Class Actions Spokeo v Robins Standing TCPA Unsolicited Faxes

Tables Turned: 21 States Tell Delaware to “Fork Over Our Unclaimed Property!"

The latest salvo in an ongoing battle against Delaware was fired on June 9, when 21 states, led by Texas and Arkansas, filed a motion in the U.S. Supreme Court to force Delaware to return to the States between $150 million...more

6/16/2016 - Audits Escheat Money Orders Moneygram Motion for Leave Original Jurisdiction SCOTUS Unclaimed Property Uniform Law Commission

Unclaimed Property Primer for Health and Property & Casualty Insurance

Background - Unclaimed Property: It’s not just about life insurance. The same contingency-fee unclaimed property auditors that targeted unclaimed life insurance proceeds are now turning their focus to other types of...more

5/17/2016 - Audits Contingency Fees Death Master Files Health Insurance Insurance Industry Life Insurance Property Casualty Policies Unclaimed Property Voluntary Disclosure Agreement

Basic-Supplemental Life Insurance Plan Pricing Structure Upheld in ERISA Class Action

An employee benefit plan that includes an alleged subsidization component for its basic and supplemental options is neither prohibited by the Employee Retirement Income Security Act of 1974 (ERISA) nor a violation of the plan...more

5/5/2016 - Arm's Length Principle Benefit Plan Sponsors Class Action Dismissals Employee Benefits ERISA Fiduciary Duty Hartford Insurance Company Life Insurance Misrepresentation Popular Unjust Enrichment

Store Credits Not Subject to Unclaimed Property, Says California Court

In a decision with potentially broad implications, a California Superior Court has held that merchandise credits not redeemable for cash are not subject to California's Unclaimed Property Law (UPL). The court also held that...more

3/15/2016 - Bed Bath & Beyond Customer-Loyalty Programs Escheat Gift-Cards Retailers Summary Judgment Tax Refunds Unclaimed Property

Dial “C” for Confusion: Courts Split on TCPA Definition of Autodialer

Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This...more

3/15/2016 - Auto-Dialed Calls Declaratory Rulings FCC Robocalling TCPA Telemarketing Text Messages Yahoo!

Dialing-In: TCPA Hot Issues for 2016

The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more

1/29/2016 - Auto-Dialed Calls Campbell Ewald v Gomez Class Action Corporate Counsel FCC SCOTUS Standing TCPA Third-Party Vicarious Liability Young Lawyers

Money for Nothing: Offer of Complete Relief to Named Plaintiff Does Not Moot Class Action, Supreme Court Holds in 6-3 Decision

An unaccepted Rule 68 offer of judgment that would fully satisfy a named plaintiff’s individual claim does not moot individual or class claims opined the U.S. Supreme Court, resolving a split in the circuits. Campbell-Ewald...more

1/21/2016 - Campbell Ewald v Gomez Federal Contractors Genesis Healthcare Corp. v. Symczyk Mootness Putative Class Actions Rule 68 SCOTUS Settlement Offer Sovereign Immunity TCPA Vicarious Liability

Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends

The Litigation Group of Sutherland Asbill and Brennan LLP has published REDIAL: Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends. This publication reflects our in-depth analysis of significant...more

1/12/2016 - Auto-Dialed Calls Campbell Ewald v Gomez Class Action Corporate Counsel Declaratory Rulings Energy Sector FCC Health Care Providers Insurance Industry Popular Prior Express Consent Regulatory Agenda TCPA

Ho! Ho! Ho! Delaware Sets its Sights–Again–on Uncashed Rebate Checks

There’s never a dull moment in Delaware when it comes to unclaimed property. The latest salvo comes by way of a lawsuit filed by the Delaware Department of Finance against Blackhawk Engagement Solutions (DE), Inc. (formerly...more

12/21/2015 - Audits Department of Finance Escheat Rebates Summons Unclaimed Property

Challenges Mount to FCC's July 2015 TCPA Order

Accusing the Federal Communications Commission (FCC) of abdicating its responsibility to clarify areas of uncertainty under the Telephone Consumer Protection Act (TCPA) and muddying the already murky waters of the TCPA, more...more

12/1/2015 - Auto-Dialed Calls Consent Declaratory Rulings FCC Reassigned Phone Numbers TCPA

Party Line: Third Circuit Issues Expansive Interpretation of Right to Sue Under the TCPA

Interpreting broadly the scope of standing to bring suit under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Third Circuit has held that even an unintended recipient of an automated call is...more

10/26/2015 - FCC Prior Express Consent Standing TCPA

Debate Over Unclaimed Property Continues Before the Uniform Law Commission Drafting Committee

Proposed revisions to the Uniform Unclaimed Property Act were under debate this past week in Washington, DC as the Uniform Law Commission (ULC or Commission) Committee to Revise the Uniform Unclaimed Property Act (Drafting...more

10/16/2015 - B2B Transactions Death Master Files Due Diligence ERISA Escheat Gift-Cards Life Insurance Proposed Amendments Unclaimed Property Uniform Law Commission Video Games

A Band-Aid Remedy?: New TCPA Rules for the Healthcare Industry

Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions...more

8/12/2015 - Auto-Dialed Calls Exemptions FCC Healthcare Prior Express Consent Safe Harbors TCPA Telemarketing Text Messages

Call (Un)Answered (the Second Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions

In some of its most comprehensive guidance published in years, resolving more than 20 petitions requesting clarification of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) on July 10...more

7/14/2015 - Banking Sector Cell Phones Corporate Counsel Declaratory Rulings Exemptions FCC Financial Institutions Prior Express Consent Reassigned Phone Numbers Robocalling TCPA Third-Party Service Provider

Legal Alert: Call Answered (The First Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions

In its most significant action on the Telephone Consumer Protection Act (TCPA) since its revised TCPA rules took effect in late 2013, the Federal Communications Commission (FCC) has issued a package of declaratory rulings...more

6/19/2015 - Declaratory Rulings FCC Robocalling Statutory Interpretation TCPA Telemarketing

NAIC Unclaimed Benefits Model Drafting (A) Subgroup Identifies Key Model Law Issues

On May 29, the National Association of Insurance Commissioners (the NAIC) Unclaimed Benefits Model Drafting (A) Subgroup (the Subgroup) met to discuss regulator and industry materials submitted to the Subgroup and identified...more

6/11/2015 - Death Master Files Life Insurance NAIC Unclaimed Life Insurance Benefits Act

Please Hold, Someone Will Be With You Shortly: FCC Action on Pending TCPA Petitions Expected Soon

Following on the heels of FCC Commissioner Michael O’Rielly’s stinging comments imploring the agency to address a backlog of petitions requesting clarification of its Telephone Consumer Protection Act (TCPA) regulations, FCC...more

6/1/2015 - Do Not Call List FCC FTC Prior Express Consent Robocalling TCPA

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

5/22/2015 - Article III Campbell Ewald v Gomez Class Action Class Certification Corporate Counsel Federal Contractors Federal Rules of Civil Procedure Mootness Rule 23 Rule 68 SCOTUS Sovereign Immunity Subcontractors TCPA U.S. Navy

Unclaimed Property Audit Primer for Broker-Dealers

Background - The same State Treasurers and contingency-fee unclaimed property auditors that focused on the life insurance industry are now turning their attention to broker-dealers. Sutherland has been actively...more

4/29/2015 - Audits Insurance Brokers Insurance Industry Life Insurance Unclaimed Property

69 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×