Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1, Winter 2015]

IN THE SPOTLIGHT

· Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information?

LIFE INSURANCE

· STOLI Schemers Must Make Good on Damages Caused

· At the State Level, Is a Fixed-Index Annuity a Security?

· FSOC’s Designation of Nonbank SIFIs: More New Developments

· The Big Deal About Big Data: What Life Insurers Must Know

· Protecting the Data Lode: NAIC Addresses Cybersecurity

· First Circuit’s RAA-Friendly Ruling Stands

· Morgan Stanley Agrees to Resolution of Multi-State Unclaimed Property Audit

· NCOIL Revises Unclaimed Property Model Act

A PRACTITIONER’S PERSPECTIVE

· Jury Instructions – Avoiding Landmines and Preserving Error

SECURITIES

· Neither Side Folds on FINRA CARDS Proposal

· Feds Dig for Disguised Fund Distribution Fees

· SEC 2015 Budget Impacts Investment Management Industry

· What Successful Whistleblowers Have in Common

· More Insider Trading Clarity for Money Managers

· Defendants Challenge SEC’s Increased Use of Administrative Forum

· FSOC Presses SEC on Money Managers’ Systemic Risks

PROPERTY & CASUALTY

· Court Rejects Attenuated Argument of Automobile Insurer Liability

· Florida Supreme Court Thwarts Attempt to Circumvent “Exclusive Remedy” Provision

· Policy Language Aside, Insurer is Obligated to Pay in California

· Florida Court of Appeal: Photos in Facebook are Fair Game in Discovery

CONSUMER FINANCE

· Use of Prior Servicer’s Records at Trial Depends on Proper Foundation

· New CFPB Consent Orders Point to Growing Indirect Regulation of Title Insurance

· CFPB to Regulate Prepaid Debit Cards

· Stripping of Unsecured Second Mortgages in Chapter 7 Bankruptcies in the Crosshairs

· Eleventh Circuit Says No to Mooting Class Actions with Individual Offers of Judgment

· New Regulations Likely to Yield New Theories

HEALTH CARE

· King v. Burwell: Setting the Tone for Health Care Politics

· State Law Claims Based on HIPAA Guideline Violations are Not Preempted by HIPAA

· Meet the ACA’s Employer Mandate

IP/TECHNOLOGY

· A Modern Game of Hide and Go Seek? Some Lessons Learned Following Sony and Other Widely-Publicized Data Breaches

· Banks Take Notice: The Sunrise Period for .bank Registrations is Coming Soon

· Financial and Merchant Industries Group and Obama Administration to Address Privacy Concerns

· Up, Up, and Away: Insurance Market for Commercial Drones Set to Take Off

· Cuba: Is it Too Soon to File for Trademark Registration?

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Written by:

Carlton Fields
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