Wilson Barmeyer

Wilson Barmeyer

Sutherland Asbill & Brennan LLP

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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 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

Will the FCC Answer Calls to Clarify the TCPA?

We can now count an FCC Commissioner among those imploring the agency to act on the growing number of pending petitions asking for much needed clarification of regulations promulgated under the Telephone Consumer Protection...more

4/10/2015 - Advertising Class Action FCC Strict Liability TCPA

Power Surge: TCPA Litigation and the Energy Industry

Few industries have been spared from the recent wave of class actions filed under the Telephone Consumer Protection Act (“TCPA”). The energy sector is no exception. ...more

3/18/2015 - Energy Sector Putative Class Actions Robocalling TCPA

Challenge to Delaware Unclaimed Property Estimation Methods Allowed to Proceed

A lawsuit challenging the unclaimed property estimation methodology used by the State of Delaware and its auditor Kelmar Associates will proceed, according to a ruling issued by a Delaware federal district court on March 11....more

3/13/2015 - Assessment Audits Due Process Preemption Unclaimed Property

Unclaimed Property Issues Under Debate as Uniform Law Commission Rewrites the Uniform Act

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

3/4/2015 - Legislative Agendas Legislative Committees Unclaimed Property

Life Insurance Unclaimed Property Recommendations of the Uniform Law Commission Working Group

The Uniform Law Commission (ULC) Life Insurance Working Group (Working Group) has released its recommendations to revise the life insurance provisions of the Uniform Unclaimed Property Act of 1995 (1995 Uniform Act or...more

3/2/2015 - Insurance Industry Life Insurance Unclaimed Life Insurance Benefits Act Unclaimed Property

Redial: 2014 TCPA Year In Review – Analysis Of Critical Issues And Trends

In this Analysis: - New TCPA Rules Take Effect for Telemarketing Calls - Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices - TCPA Best Practices: Consent,...more

2/4/2015 - Best Practices Insurance Industry Opt-Outs Popular Prior Express Consent Robocalling TCPA Telemarketing Third-Party Risk Unsolicited Faxes

Broker-Dealers Face Unique Challenges Under Unclaimed Property Laws, Says New SIFMA White Paper

On January 23, 2015, the Securities Industry and Financial Markets Association (SIFMA) released a new white paper outlining the unique and varied challenges broker-dealers face when complying with state unclaimed property...more

1/29/2015 - Broker-Dealer Securities SIFMA Unclaimed Property White Paper

Ringing in the New Year: TCPA Hot Issues for 2015

The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided...more

1/19/2015 - Class Action Corporate Counsel FCC Prior Express Consent Robocalling TCPA Third-Party Liability

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