Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue:

- IN THE SPOTLIGHT

..Crisis Management: Five Steps to Take Before Providing That Comment

- LIFE INSURANCE

..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate Authority

..Death after Divorce: Who Gets the Proceeds?

..A Life Settlement Investment Shell Game?

..Life Insurer Settles Nationwide “Junk Fax” Class Actions

..Proposed Anti-Inversion Regulations Would Affect Foreign Insurers

..New York Law Governs STOLI Dispute In Texas

..Florida Remains a Non-Member of The Interstate Insurance Product Regulation Commission

..Life Insurers Gain Ground in Legislative Fix

..Will Any Matters Addressed at the NAIC’s 2014 Fall National Meeting Reach the Playoffs?

- A PRACTITIONER’S PERSPECTIVE

..Motions In Limine, Contemporaneous Objections, and the Need to Adequately Preserve the Record

- IP/TECHNOLOGY

..California’s Northern District Bucks Standing Trend in Data Breach Class Action

..Where is the “Serve” Button?

..Considering the Impact of Driverless Cars

..Online Merchants Beware: There’s a New FTC Rule on Internet Purchases

..Newly-Adopted Privacy Standards for Cloud Service Providers

- SECURITIES

..CFTC Follows SEC’s Lead on “General Solicitation”

..FINRA Examines Execution

..Money Market Fund Reform Complicates Insurance Product Fund Offerings

..Broker-Dealer Fee Disclosure Under Microscope

..Private Equity Fund Adviser Settles with SEC

..Investment Advisers Craft Fee Rebate Programs

..Cybersecurity: Dig That Crazy Important Beat

- HEALTH CARE

..Protections Governing Theft and Publication of Medical Records

..HIPAA: Deadlines Pass and Definitions Change

- TITLE INSURANCE CORNER

..Aggressive Regulators and the Plaintiffs’ Lawyers Who Follow Them

- PROPERTY & CASUALTY

..New York’s Late Notice Statute Leaves No-Prejudice Rule Intact for Out-of-State Policies

..Florida Courts Offer Different Opinions On “Policy Conditions”

..Suing for Bad Faith Gets a Little Easier in Florida

- CONSUMER FINANCE

..New CFPB Regulations Subject Mortgage Servicers to Private Lawsuits

..Financial Institutions Voice Concerns about CFPB Proposal to Publish Narrative Consumer Complaint Data

..Revised CFPB Ability to Repay Rule Allows Excess Points and Fees Refunds for Qualified Mortgages

..Eleventh Circuit Reverses Mais

..An Unlikely Condition Precedent to Foreclosure in Florida

..CFPB Proposes Regulating Nonbank Auto Finance Companies

..NEWS AND NOTES

- Excerpt from Crisis Management: Five Steps to Take Before Providing That Comment:

In the digital age, news—good and bad—travels fast. So can its effect on your corporate image and success. From data breaches to innocent and vicious leaks, a corporate crisis can engulf your business in an unforgiving news cycle that crushes consumer confidence, tanks stock values, and spurs feverish litigation.

Please see full publication below for more information.

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Written by:

Carlton Fields
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