Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

In This Issue:

- IN THE SPOTLIGHT

..Standard CGL Policy Form Adds Data Breach Coverage Exclusion

- LIFE INSURANCE

..Class Claims Against Lincoln National Barred in Section 419 Action – Again

..32-Year-Old Death Claim Sparks Litigation

..The NAIC Considers a Stable of Issues at the Summer National Meeting

..The Golden State Annuity Burglar: A Neasham Remix

..Insurer Sues Department of Insurance Over Multi-Million Dollar Penalty

..Winning at Trial — With Help from an Appellate Attorney

- SECURITIES

..Supreme Court Establishes New Standard for Fiduciaries of ESOP Plans

..Rakoff Rebuffed on Rejection of SEC Settlement

..Early Preview of 2015 SEC Exam Priorities

..SEC Issues Guidance on Accredited Investor Status

..SEC Again Delays Variable Annuity Summary Prospectus

..State Regulators Eye Complex Products Marketing

..SEC Takes Action for Retaliation Against Whistleblower

..Registration Relief for Some Delegating CPOs

..“Fraud on the Market” Theory Basically Survives

..Immigrant Investor Program Raises SEC Broker Registration Issues

..Guidance for Investment Advisers Using Proxy Advisory Firms

- CONSUMER FINANCE

..CFPB Wants to Publish Detailed Consumer Complaints

..Ahead: CFPB Regulations of Creditors Collecting Own Consumer Debts?

..Florida: Note and Mortgage Still Enforceable After Dismissal of Foreclosure Action

..Collection Practices Plaintiffs Try End Run Around Florida Punitive Damages Laws

..Using Information from Data Brokers? Beware the FCRA and the FTC …

..Ninth Circuit Affirms Summary Judgment for Defendant Taco Bell in Putative TCPA Text Message Class Action

- PROPERTY & CASUALTY

..Federal Courts Help Define the Borders of “Professional Services”

..Washington Supreme Court Narrows Efficacy of Late Notice Defense

..Court Rejects Workers Comp Insurer’s Challenge to Big Pharma

- TITLE INSURANCE CORNER

..In for One, and Only One – Title Insurers’ Limited Duty to Defend

- HEALTH CARE

..Post-Hobby Lobby Questions Remain About the Scope of Corporate Religious Freedom

..Circuit Courts Provide Preview of Coming ACA Confrontations

- PRIVACY CORNER

..Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance

- IP/TECHNOLOGY

..Hallmark Cards Awarded $47 Million for Misappropriation of Four-Year-Old Market Research

..Patent Eligibility of Software

..Did We Designate a DMCA Agent for Our Website Yet?

..NEWS AND NOTES

- Excerpt from Standard CGL Policy Form Adds Data Breach Coverage Exclusion:

As of May 1, 2014, Insurance Services Office, Inc. (ISO) requires a data breach liability exclusion endorsement to its standard commercial general liability (CGL) policy form. The endorsement is titled “EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION.” Insurance regulators in virtually all U.S. states and territories have reportedly approved the endorsement.

Please see full publication below for more information.

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Written by:

Carlton Fields
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