Carlton Fields

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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States
Phone: 813.223.7000
Fax: 813.229.4133
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • New Jersey
  • New York
Number of Attorneys
200+ Attorneys

Digital Collusion or Warp-Speed Competition? Evaluating the Agreement Element in the Algorithmic Pricing Antitrust Cases

Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a…more

Algorithms, Amazon, Anti-Competitive, Antitrust Provisions, Antitrust Violations

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New Jersey Court Holds Primary Home Insurer Must Cover Dog Bite Injury at Insured’s Second Home

In Berardi v. FMI Insurance Co., a panel of New Jersey’s Superior Court, Appellate Decision, affirmed a lower court’s ruling, which ordered a primary home insurer to defend its insured in a dog bite lawsuit, stemming from…more

Bodily Injury, Breach of Contract, Denial of Insurance Coverage, Homeowner's Insurance, Insurance Claims

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[Webinar] 2024 Class Action Survey Results - May 2nd, 1:00 pm - 2:00 pm ET

Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house…more

Best Practices, Class Action, Class Certification, Continuing Legal Education, Corporate Counsel

See all updates »

Employers Should Prioritize Reviewing Their Handbooks in Light of New NLRB Decision

On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the NLRB…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Hillsborough County Adopts Mobility Fees, Ends Push for Transportation Sales Tax

As we previewed in our prior update, Hillsborough County settled part of a years-long debate over transportation funding by adopting a mobility fees ordinance, but on the very next day, by a 4-3 vote, decided against putting a…more

Ballot Measures, Impact Fees, Local Ordinance, Real Estate Development, Sales Tax

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Supreme Court Clarifies That No Private Cause of Action Exists Under Rule 10b-5 for Pure Omissions, Only Uncorrected Half-Truths

On April 12, 2024, the U.S. Supreme Court issued its opinion in Macquarie Infrastructure Corp. v. Moab Partners, L.P., resolving a circuit split among the Second, Third, and Ninth Circuits over whether plaintiffs could pursue…more

Cause of Action Accrual, Failure To Disclose, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

See all updates »

Insurance Company High-Yield Real Estate Investments

The Value Outside Counsel Can Contribute - The insurance industry has played a significant role in the commercial real estate (CRE) market for more than a century. A major part of CRE investments for insurance companies has…more

Commercial Mortgages, Construction Loans, Equity Investors, First-Lien, High-Yield Markets

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Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Pencils Down? Tell the Court!

Your firm is five years into a bet-the-company suit. Trial has come and gone, and multiple parties have appealed. After a week of intense negotiations, you send a mass email to your team: “Pencils down everyone! We’ve settled.”…more

Appeals, Appellate Courts, Filing Requirements, Judicial Proceedings, Litigation Strategies

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Expect Focus - Volume III - September 2017

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. …more

Annuities, Best Interest Contract Exemptions, Big Data, Blockchain, Capital Raising

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Lawsuits Alleging Violations of Illinois’ GIPA Are Piling Into Court Like Clowns Out of a Circus Car

A string of putative class actions has been filed against life insurance companies for allegedly violating section 20(b) of Illinois’ Genetic Information Privacy Act (GIPA) by using applicants’ family medical history in…more

Consumer Insurance Products, Genetic Materials, Health Insurance, Illinois, Insurance Industry

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Axon, Gibson, Jarkesy: Continuing Challenges to SEC’s Administrative Citadel

Earlier this month, the U.S. Supreme Court issued a procedural decision that has the potential to dismantle the Securities and Exchange Commission’s ability to litigate cases administratively. On April 14, 2023, the Supreme…more

Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Capital Markets, Chevron Deference

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Pennsylvania Federal Court Finds Forum Selection Clause in Services Agreement Between Insurer and Reinsurance Broker to Be Valid and Enforceable

In Housing & Redevelopment Insurance Exchange v. Guy Carpenter & Co., a Pennsylvania federal court considered the enforceability of a forum selection clause in a services agreement between Pennsylvania-based insurer Housing and…more

Brokers, Choice-of-Law, Contract Drafting, Contract Terms, Forum Selection

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Embracing Technology in a Changing Legal Landscape

With virtual court appearances now the reality before both trial and appellate judges, our lawyers are using state-of-the-art technology to prepare for such appearances and to present our cases effectively…more

Administrative Hearings, Best Practices, Coronavirus/COVID-19, Judicial Proceedings, Legal Project Management

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

Eleventh Circuit Addresses Potential Conflict Between FDCPA and TILA, Holds That Debt Collector Must Comply With Both

On July 1, 2022, the Eleventh Circuit Court of Appeals issued a published decision in Lamirand v. Fay Servicing LLC that addressed an asserted conflict between the Fair Debt Collection Practices Act (FDCPA) and the Truth in…more

Consumer Financial Products, Debt Collection, Debt Collectors, FDCPA, Loans

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Lawsuits Alleging Violations of Illinois’ GIPA Are Piling Into Court Like Clowns Out of a Circus Car

A string of putative class actions has been filed against life insurance companies for allegedly violating section 20(b) of Illinois’ Genetic Information Privacy Act (GIPA) by using applicants’ family medical history in…more

Consumer Insurance Products, Genetic Materials, Health Insurance, Illinois, Insurance Industry

See all updates »

Agency Order Issued by CDC: Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

Effective immediately upon publication in the Federal Register through December 31, 2020: Broad, sweeping order precluding residential evictions through the end of 2020 from any residential property (private or government owned)…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress

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Best Practices for Officers, Directors, and Advisers Navigating Fiduciary Challenges Amid Economic Uncertainty

Amid heightened inquiries from boards and board advisers within the private sector, a prevalent concern arises concerning fiduciary duties that may surface when debt covenants are triggered, when expenses are projected to exceed…more

Board of Directors, Corporate Governance, Debt, Fiduciary Duty, Financial Solvency

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New Jersey Appellate Division Rules That Private Social Media Posts Are Subject to Discovery

In a recent decision, the New Jersey Appellate Division provided new guidance on whether private social media posts, profiles, and comments may be compelled in litigation. In Davis v. Disability Rights New Jersey, Norma Davis…more

Appeals, Discovery, Former Employee, Social Media, Wrongful Termination

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Georgia Trial Court Limits the Protection of Georgia's Anti-SLAPP Statute

A recent opinion from the DeKalb County State Court, currently certified for appeal with the Supreme Court of Georgia, included a reminder that the protections afforded by Georgia's anti-SLAPP statute have limits. Georgia's…more

Anti-SLAPP, Government Investigations, Media, News Stories

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District Court Asks Sixth Circuit to Review Two-Step FLSA Collective Certification Test

The Sixth Circuit will soon tell us whether it will follow the Fifth Circuit’s lead in Swales v. KLLM Transport Services LLC and adopt a more exacting, one-stage certification approach for Fair Labor Standards Act collective…more

Class Action, Class Certification, Collective Actions, Fair Labor Standards Act (FLSA)

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New Attestation for Florida Residential Property Insurers

On July 17, 2023, the Florida Office of Insurance Regulation (OIR) released an informational memorandum to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now 2023-172,…more

Attestation Requirements, Florida, Insurance Code, Insurance Regulations, Property Insurance

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Estate Tax, Foreign Tax Credits, Gift Tax, Immigrants, Income Taxes

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Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Health Care Providers Are Under Attack. Are You Ready for 2021?

2020 can rightfully be called the year for remote health care. Fueled by necessity and accompanying loosened regulations, telehealth and the demand for remote patient monitoring boomed. Signs that this progress is here to stay…more

Business Associates Agreement (BAA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers

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Full-Blown OFCCP Construction Contractor Compliance Evaluations May Soon Be on the Horizon – Are You Ready?

Late last year, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register that it was seeking OMB approval to use a new scheduling letter and accompanying…more

CSALs, Federal Contractors, OFCCP, OIG, OMB

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10 tips for navigating privacy, cybersecurity and AI in the workplace

Employers are gathering more and more data on job applicants and employees. From using artificial intelligence (”AI”) and credit scores for pre-employment screenings, biometrics for clocking-in and out, and digital technologies…more

Artificial Intelligence, Cyber Attacks, Cybersecurity, Data Privacy, Data Protection

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Third Circuit Reverses Order Denying Motion to Compel Arbitration, Holds Arbitration Clause in Consumer Financing Agreement Is Enforceable

In Mancuso v. MDG USA Inc., the Third Circuit Court of Appeals considered defendant MDG’s appeal of an order denying its motion to compel arbitration of the plaintiff’s lawsuit alleging violations of state and federal fair…more

Arbitration, Arbitration Agreements, Banking Sector, Federal Arbitration Act, Financial Contracts

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All Things Reconsidered: Getting It Right the First Time

Litigation often offers multiple opportunities to inject an argument or an issue into a case. Pleadings, motions, and responses to motions allow parties to frame the issues. Unfortunately, there are times when an adverse ruling…more

Employer Liability Issues, Harassment, Hostile Environment, Motion for Reconsideration

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

FINRA Issues 2024 Annual Regulatory Oversight Report

FINRA issued its 2024 Annual Regulatory Oversight Report on January 9, 2024, providing a glimpse into FINRA’s current regulatory oversight of member firms and their registered personnel in 27 topic areas…more

Annual Reports, Anti-Money Laundering, Artificial Intelligence, Cryptoassets, Cybersecurity

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Supreme Court Clarifies That No Private Cause of Action Exists Under Rule 10b-5 for Pure Omissions, Only Uncorrected Half-Truths

On April 12, 2024, the U.S. Supreme Court issued its opinion in Macquarie Infrastructure Corp. v. Moab Partners, L.P., resolving a circuit split among the Second, Third, and Ninth Circuits over whether plaintiffs could pursue…more

Cause of Action Accrual, Failure To Disclose, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K

See all updates »

Charges By Law Firm-Owned Vendors Challenged In Putative Client Class

Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the “law firm”) to represent them in two separate personal injury lawsuits on a contingency basis…more

Breach of Duty, Class Action, Contract Terms, Fees, Fiduciary Duty

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Tips and Strategies for Successful Mass Tort Management

Mass tort litigation is unlike many other types of litigation – the cases are large, complex, and fast moving, and if you’re not organized and prepared early on, it can be hard to regain control. In this podcast, Carlton Fields…more

Defense Strategies, Litigation Strategies, Mass Tort Litigation

See all updates »

NASAA Report on BD Compliance With Reg BI: Finds Progress, but Specifies Work To Be Done

A September report of the North American Securities Administrators Association (NASAA) on broker-dealer compliance with the SEC’s Regulation Best Interest (Reg BI) finds..…more

Broker-Dealer, Fiduciary Duty, Financial Industry Regulatory Authority (FINRA), Investment Adviser, NASAA

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Motions in Limine: An Update on Uses, Abuses, and Pitfalls

Motions in limine (“on or at the threshold” or “in the beginning”) can be a useful tool in a trial lawyer’s hands. Used strategically and prophylactically, they can “eliminate the noise surrounding” a trial by preventing an…more

Client Services, Evidence, Inadmissible Evidence, Jury Trial, Motions in Limine

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Florida’s “Totality of Circumstances” Bad Faith Analysis Should Consider Claimant’s Actions as a “Factor” but Not a “Focus”

A recent decision of the Eleventh Circuit Court of Appeals limits the Florida Supreme Court’s approach to evaluating whether an insurer committed bad faith in handling a claim against its insured…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Property Damage

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All Things Reconsidered: Getting It Right the First Time

Litigation often offers multiple opportunities to inject an argument or an issue into a case. Pleadings, motions, and responses to motions allow parties to frame the issues. Unfortunately, there are times when an adverse ruling…more

Employer Liability Issues, Harassment, Hostile Environment, Motion for Reconsideration

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

As Class Action Spending Continues to Climb, Companies Manage Greater Risks

Class action spending by companies across industries increased for the second consecutive year, reversing a downward trend that occurred between 2011 and 2014. While the percentage of companies managing at least one active class…more

Affordable Care Act, Alternative Fee Arrangements, Antitrust Litigation, Class Action, Consumer Financial Protection Bureau (CFPB)

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Should I Stay (Home) or Should I Go (to the Office)?

“Ninety percent of life is just showing up,” according to Woody Allen. The saying seems dated now—lawyers are not showing up, at least to the office, 90 percent of the time. Some lawyers believe that there is zero percent need…more

Coronavirus/COVID-19, Law Firm Associates, Law Firm Partners, Law Practice Management, Remote Working

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California Court Holds Intentional Acts Exclusion Bars Coverage for Shooting Claim Even Though Shooter Believed Gun Unloaded

In Helguera v. Mid-Century Insurance Co., California’s Fourth District Court of Appeal held that an intentional acts exclusion in the liability coverage part of a homeowners insurance policy issued by Mid-Century Insurance Co…more

Bad Faith, California, Homeowner's Insurance, Insurance Claims, Insurance Litigation

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Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

New Disclosures Required Regarding Subsurface Rights In Florida

On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential…more

Mineral Rights, Minerals, Natural Resources, Subsurface Estates

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The SEC Addresses Initial Coin Offerings

On July 25, 2017, the Securities and Exchange Commission (SEC) issued a Report of Investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934 (Report) and an Investor Bulletin: Initial Coin Offerings…more

Blockchain, Digital Currency, Distributed Ledger Technology (DLT), Financial Markets, Initial Coin Offering (ICOs)

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New Attestation for Florida Residential Property Insurers

On July 17, 2023, the Florida Office of Insurance Regulation (OIR) released an informational memorandum to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now 2023-172,…more

Attestation Requirements, Florida, Insurance Code, Insurance Regulations, Property Insurance

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Florida Restricts Medically Unnecessary, Non-Urgent, or Non-Emergency Procedure or Surgery

Until the expiration of executive order 20-52, including any extensions, all hospitals, ambulatory surgical centers, office surgery centers, dental, orthodontic and endodontic offices, and other health care practitioners'…more

Coronavirus/COVID-19, Florida, State and Local Government, Unnecessary Medical Procedures

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As Anticipated: SCOTUS Makes the Appellate Process of Purely Legal Issues Less Stringent

In a prior post, we discussed the oral argument in Dupree v. Younger, in which the U.S. Supreme Court questioned the preservation requirement in a minority of circuits that a purely legal issue resolved at summary judgment be…more

Dupree v Younger, Fourteenth Amendment, SCOTUS, Summary Judgment

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[Webinar] Can You Live Local? Benefits and Challenges of Developing Affordable Housing in Florida - January 23rd, 2:30 pm - 3:30 pm ET

It's been just a few months since Florida enacted the Live Local Act to boost affordable housing, and developers are already proposing new projects under the new law. In this webinar, our panelists will discuss the benefits…more

Affordable Housing, Best Practices, Community Development, Florida, Housing Developers

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Change Healthcare Cyberattack Emphasizes Importance of Cybersecurity Readiness; Considerations for Hardening Your Cybersecurity Program

As the health care industry continues reeling from the recent Change Healthcare ransomware attack that crippled large portions of the U.S. health care system, health care providers are naturally reminded of the importance of…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

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Hacking the Short Hearing

Every litigator has encountered it—the dreaded hearing set for ten minutes or less. The necessary implication of such hearings is that you will have only half that time to present your argument and win over the judge, and…more

Litigation Strategies, Trial Preparation

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Tips and Strategies for Successful Mass Tort Management

Mass tort litigation is unlike many other types of litigation – the cases are large, complex, and fast moving, and if you’re not organized and prepared early on, it can be hard to regain control. In this podcast, Carlton Fields…more

Defense Strategies, Litigation Strategies, Mass Tort Litigation

See all updates »

Second Circuit Warns Insurers of Risks of Forgoing Discovery

The Second Circuit Court of Appeals recently found an insurer’s decision to waive discovery foreclosed its ability to provide extrinsic evidence to resolve an ambiguous insurance policy. In Ezrasons Inc. v. Travelers Indemnity…more

Discovery, Evidence, Indemnification, Insurance Claims, Insurance Litigation

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Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement

In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance…more

Appellate Courts, Class Action, Class Action Settlement, Commercial Insurance Policies, Excess Policies

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[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

Embracing Technology in a Changing Legal Landscape

With virtual court appearances now the reality before both trial and appellate judges, our lawyers are using state-of-the-art technology to prepare for such appearances and to present our cases effectively…more

Administrative Hearings, Best Practices, Coronavirus/COVID-19, Judicial Proceedings, Legal Project Management

See all updates »

Case Law Update: Setoffs and the “Prevailing Party” Determination

The Diaz Fritz Group Inc. was the general contractor for the construction of an addition to the University Community Hospital in Tampa, Florida. Diaz Fritz hired a subcontractor, Hayward Baker Inc., to perform foundation work on…more

Attorney's Fees, Construction Disputes, Construction Industry, Construction Project, General Contractors

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New Crypto Bill Seeks to Regulate Digital Assets and Their Markets

The Responsible Financial Innovation Act is the most recent legislative package attempting to standardize and regulate the digital assets markets on a federal level. Introduced in Congress by Sens. Cynthia Lummis and Kirsten…more

Cryptocurrency, Digital Assets, Digital Currency, Virtual Currency

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Flooded: Court Finds “Named Windstorm” Coverage, and Not Flood Sublimit, Applies to Superstorm Sandy Water Damage Claim

When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the…more

All-Risks Insurance, Denial of Insurance Coverage, Flood Insurance, Flooding, Hurricane Sandy

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New York AG Leads Antitrust Investigation Into Social Media Platform

On September 6, New York's attorney general announced that she will lead an antitrust investigation focused on Facebook. The leadership team conducting the investigation also includes the attorneys general of Colorado, Florida,…more

Anti-Competitive, Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of Damages

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to an…more

All-Risks Insurance, Breach of Contract, Continuous Trigger Theory, Damages, Denial of Insurance Coverage

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Real Property, Financial Services, & Title Insurance Update: Week Ending July 29, 2022

Real Property Update - Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank…more

Article III, Eviction, FDCPA, Foreclosure, Standing

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[Webinar] 2024 Class Action Survey Results - May 2nd, 1:00 pm - 2:00 pm ET

Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house…more

Best Practices, Class Action, Class Certification, Continuing Legal Education, Corporate Counsel

See all updates »

Ringmaster’s Review: Fall 2023 Litigation on Parade

In Ross v. Venerable Insurance & Annuity Co., a Missouri appellate court reversed judgment in favor of the named beneficiary of a flexible premium deferred annuity contract. Following the annuitant’s death, the beneficiary sued…more

Annuities, Appellate Courts, Appellate Rules, Beneficiaries, Breach of Contract

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Health Care Worker Vaccine Mandates: New Strings Attached for Federal Funds

On November 4, the Centers for Medicare & Medicaid Services (CMS) announced the publication of an interim final rule with comment period (IFC) requiring that workers in most Medicare and Medicaid participating health care…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Healthcare Workers

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Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – March 2024

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions…more

Appellate Courts, Attorney's Fees, CAFA, Class Action, Putative Class Actions

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[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

So, What Was Reserved? Potential Claims Handling Pitfalls Under a Reservation

It is common claims handling practice to use reservations of rights. Whether during an initial investigation, providing the insured with a defense, or even in the context of a denial of coverage, claims handlers routinely rely…more

Denial of Insurance Coverage, Insurance Claims, Insurance Litigation, Policy Terms, Reservation of Rights

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2018 Florida Legislature Amends Construction Statute Of Limitations And Repose

The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final…more

Amended Legislation, Construction Defects, Construction Litigation, Construction Project, Real Estate Development

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Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

SEC Wants More Securities Traders Under Its Dealer Big Top: Would Require Exchange Act Registration by More Regular Traders

Recent SEC actions relating to the definition of “dealer” under the Securities Exchange Act of 1934 may enable the SEC to start cracking the whip over more persons who actively trade securities for their own account “as part of…more

Broker-Dealer, Financial Services Industry, Proposed Rules, Registration Requirement, Securities and Exchange Commission (SEC)

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Your Apps May Be Selling You Out

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via the…more

Advertising, Browser History Sniffing, Cookies, Data Collection, Google

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Change Healthcare Cyberattack Emphasizes Importance of Cybersecurity Readiness; Considerations for Hardening Your Cybersecurity Program

As the health care industry continues reeling from the recent Change Healthcare ransomware attack that crippled large portions of the U.S. health care system, health care providers are naturally reminded of the importance of…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

See all updates »

CMS Issues Blanket Waivers From the Stark Law

On March 30, 2020, in response to the public health emergency resulting from the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) issued blanket waivers from section 1877 of the Social Security Act (the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Medicare, Physicians

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DOJ Issues New Guidance on the Investigation and Prosecution of Corporations and Corporate Officers

On September 15, 2022, Deputy Attorney General Lisa Monaco announced significant revisions to the Department of Justice’s corporate criminal enforcement policies. Monaco’s remarks, delivered in a speech at New York University,…more

Compliance, Compliance Monitoring, Corporate Crimes, Corporate Misconduct, Criminal Prosecution

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Food for Thought: Can the Small Business Reorganization Act Be a Path for Restaurant Franchises?

Both franchisees and franchisors in the restaurant industry have weathered tumultuous times due to the economic consequences of COVID-19. Franchisors faced hurdles such as having to reduce or eliminate royalties for distressed…more

CARES Act, Chapter 11, Coronavirus/COVID-19, Franchisee, Franchises

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Florida Appellate Court Embraces Daubert Standard And Provides First In-Depth Analysis Under New Law

Last week, the Third District Court of Appeal resolved any questions concerning the applicability of the Daubert standard in Florida following the legislative changes to Florida's evidence code in July 2013…more

Appeals, Daubert Hearing, Daubert Standards, Evidence, Expert Testimony

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Fifth Circuit Affirms Finding of No Coverage for Phished Funds Never “Held” by Insured

As we previously reported, in February 2021, a Texas federal court ruled that RealPage Inc. was not entitled to insurance coverage for funds diverted in an email phishing scheme because RealPage did not “hold” the diverted…more

Commercial Crime Insurance Polices, Corporate Counsel, Email, Insurance Claims, Insurance Industry

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Deal Carefully With Bitcoins Until Legislation Catches Up

Interest in cryptocurrencies is growing, even after Mt. Gox, formerly the largest international bitcoin exchange, filed for bankruptcy in Japan following $473 million in losses. Bitcoin’s resulting drop in value, from a $1,000…more

Bitcoin, Virtual Currency

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FTC Proposes Nationwide Ban on Noncompete Agreements for All Employers: How to Comment on This Proposed Rule  

A new proposed rule from the Federal Trade Commission (FTC) seeks to ban all employers, on a nationwide basis, from entering into, attempting to enter into, maintaining, or representing to a worker that the worker is subject to,…more

Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

FCC Notice Of Inquiry Highlights AI Robocall Concerns

In an iconic scene from "Terminator 2," Arnold Schwarzenegger's good Terminator perfectly impersonates Edward Furlong's voice in a test to see if the teenager's house was under siege by Robert Patrick's evil Terminator…more

Algorithms, Artificial Intelligence, Consent, FCC, Federal Trade Commission (FTC)

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District Court Grants Motions to Dismiss Claims Brought by Reinsurer

The U.S. District Court for the Northern District of Texas recently dismissed certain claims brought by a reinsurer related to its efforts to audit an insurer’s broker…more

Audit Policies, Breach of Contract, Insurance Brokers, Insurance Fraud, Motion to Dismiss

See all updates »

Top Considerations for Businesses Under Jamaica’s Data Protection Act, Effective 2022

Jamaica’s Data Protection Act (DPA) was enacted in May 2020, modeled after the European Union’s General Data Protection Regulation (GDPR). While many companies may not be aware of this critical piece of privacy legislation and…more

Cybersecurity, Data Privacy, Data Protection, Data Protection Acts, Data Security

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

FTC Proposes Nationwide Ban on Noncompete Agreements for All Employers: How to Comment on This Proposed Rule  

A new proposed rule from the Federal Trade Commission (FTC) seeks to ban all employers, on a nationwide basis, from entering into, attempting to enter into, maintaining, or representing to a worker that the worker is subject to,…more

Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony

On December 1, 2023, Federal Rule of Evidence 702 was amended to “clarify and emphasize” that, before expert witness testimony can be admitted, the proponent must satisfy all the rule’s requirements by a preponderance of the…more

Amended Rules, Evidence, Expert Testimony, Expert Witness, Federal Rules of Evidence

See all updates »

COVID-19: What Can a Lender Do to Prepare for the Inevitable Defaults?

The spread of COVID-19 across the globe has created immediate and dynamic concerns for the financial sector, which are beginning to trigger financial repercussions unlike anything since the Great Recession began in 2007/2008…more

Coronavirus/COVID-19, Credit, Default, Forbearance Agreements, Force Majeure Clause

See all updates »

Amendment 7 Prevails Over Patient Safety Work Product Protections

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist Hospital…more

Amicus Briefs, Appeals, FL Supreme Court, Florida, Health Care Providers

See all updates »

Food for Thought: A Review of 2016 Litigation

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others relate…more

7-Eleven, All Natural, Anheuser-Busch, Beer, Chipotle Grill

See all updates »

Gov. DeSantis Signs Law to Address Emotional Support Animals in Housing

On June 24, Gov. Ron DeSantis signed Senate Bill 1084 into law, prohibiting housing discrimination for people with a disability-related need for an emotional support animal (ESA)…more

Disability Discrimination, Emotional Support Animals, Governor DeSantis, Housing Discrimination, Landlords

See all updates »

[Webinar] Florida’s Uniform Commercial Real Estate Receivership Act - October 21st, 12:00 pm - 1:00 pm EDT

Florida’s Uniform Commercial Real Estate Receivership Act (UCRERA) went into effect on July 1, 2020, clarifying the standards for appointment of a receiver for commercial real estate and the receiver’s powers and duties. UCRERA…more

Asset Management, Borrowers, Commercial Property Owners, Commercial Real Estate Market, Court-Appointed Receivers

See all updates »

[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

Construction Case Law Update - January 11, 2016

CGL Policies, Supplemental Payment Provision, and Attorney’s Fees - A contractor’s commercial general liability insurer appealed a final judgment in favor of homeowners that damages awarded to them in a construction defect suit…more

Anti-Assignment Clauses, Commercial General Liability Policies, Construction Defects, Construction Industry, Insurance Industry

See all updates »

[Webinar] The Government Construction Contract Transition: Making the Plunge from Commercial to Government Work - February 18th, 2:00 pm ET

Given the slowdown of construction activity, there is an inevitable uptick in government contract activity. Contractors who are entering into the government contract arena need to know the complex rules and regulations in order…more

Construction Contracts, Construction Industry, Contract Claims, Executive Orders, False Claims Act (FCA)

See all updates »

Changes to the Patent Landscape for the Insurance and Financial Industries

Changes in patents are afoot that will have a significant effect on the insurance and financial industries. Although business method patents have been the pariah of the patent industry for the past few years..…more

Abstract Ideas, CLS Bank v Alice Corp, Covered Business Method Patents, Intellectual Property Protection, Inventions

See all updates »

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege and Develop Legal Strategies

Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside…more

Attorney-Client Privilege, Common-Interest Privilege, Confidential Communications, Employees, Evidence

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims…more

American Pipe & Construction Co. v. Utah, Auto-Dialed Calls, Class Action, Class Certification, Debt Collection

See all updates »

Time to Fight Back – How Wireless Providers Should Leverage a Federal Indictment to Stop Cellphone Traffickers

A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly $100 million from wireless…more

Cell Phones, Criminal Prosecution, Indictments, Wireless Industry

See all updates »

[Event] Building Resiliency Into the Construction Industry - September 7th, Miami, FL

In the construction industry, resilience generally refers to a building’s or infrastructure element’s ability to avoid, mitigate, absorb, or recover from physically destructive events, with an eye toward overall…more

Catastrophic Events, Coastal Real Estate, Construction Industry, Construction Project, Events

See all updates »

FTC Proposes Nationwide Ban on Noncompete Agreements for All Employers: How to Comment on This Proposed Rule  

A new proposed rule from the Federal Trade Commission (FTC) seeks to ban all employers, on a nationwide basis, from entering into, attempting to enter into, maintaining, or representing to a worker that the worker is subject to,…more

Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – March 2024

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions…more

Appellate Courts, Attorney's Fees, CAFA, Class Action, Putative Class Actions

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Foreign Tax Credits, Immigration Procedures, Income Taxes, Tax Planning

See all updates »

Florida Restricts Medically Unnecessary, Non-Urgent, or Non-Emergency Procedure or Surgery

Until the expiration of executive order 20-52, including any extensions, all hospitals, ambulatory surgical centers, office surgery centers, dental, orthodontic and endodontic offices, and other health care practitioners'…more

Coronavirus/COVID-19, Florida, State and Local Government, Unnecessary Medical Procedures

See all updates »

Best Practices for Officers, Directors, and Advisers Navigating Fiduciary Challenges Amid Economic Uncertainty

Amid heightened inquiries from boards and board advisers within the private sector, a prevalent concern arises concerning fiduciary duties that may surface when debt covenants are triggered, when expenses are projected to exceed…more

Board of Directors, Corporate Governance, Debt, Fiduciary Duty, Financial Solvency

See all updates »

Loan Restructuring and Forbearance Agreements in the Face of COVID-19 – The Lender’s Perspective

The last few weeks have been very rough on borrowers, particularly in the hospitality and retail industries. Although there are a lot of unknowns surrounding COVID-19 and its impact on our health and economy, we do know that the…more

CMBS, Coronavirus/COVID-19, Debt Restructuring, Forbearance Agreements, Lenders

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

IRS Gives Equal Billing to an Adviser Life Insurance Contract: Treats Adviser’s Fee the Same as Under Adviser Annuities

The IRS recently published a private letter ruling (No. 202341002) dealing with the tax treatment of advisory fees paid to an adviser from an “adviser life insurance contract.” Specifically, the letter ruling addressed whether…more

Fees, Insurance Industry, IRS, Life Insurance

See all updates »

Jury Requests for Readback of Testimony: Florida Supreme Court Approves New Rule 1.453

On March 30, 2023, the Florida Supreme Court approved a new rule of civil procedure that addresses jury requests to review testimony. New rule 1.453 sets forth the procedures for trial courts to follow when a juror in a civil…more

FL Supreme Court, Jury Trial, Testimony, Trials

See all updates »

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains

The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which registered insurance company separate accounts invest…more

Financial Regulatory Reform, Investment, Investment Funds, Investment Management, New Amendments

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Kentucky Holds No Coverage for Malicious Prosecution Claim Under Policy Issued After Claimant’s Wrongful Arrest

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during the…more

Consumer Insurance Products, Denial of Insurance Coverage, Duty to Defend, Duty to Indemnify, Evidence

See all updates »

FINRA Issues 2024 Annual Regulatory Oversight Report

FINRA issued its 2024 Annual Regulatory Oversight Report on January 9, 2024, providing a glimpse into FINRA’s current regulatory oversight of member firms and their registered personnel in 27 topic areas…more

Annual Reports, Anti-Money Laundering, Artificial Intelligence, Cryptoassets, Cybersecurity

See all updates »

[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

Florida Regulation of PFAS at Airports and Governmental Installations Ramps Up

A new environmental issue could have a major impact on airports. The Florida Department of Environmental Protection (FDEP) is in the process of performing investigations at a number of federal, state, and local facilities that…more

Airports, Aviation Industry, Contaminated Properties, Contamination, Department of Environmental Protection

See all updates »

Yahoo Enters $80 Million Securities Class Action Settlement After Data Breach

On March 2, Yahoo, Inc. (“Yahoo”) filed a proposed settlement in In re Yahoo Inc. Securities Litigation, which was filed in U.S. District Court in San Francisco…more

Class Action, Cybersecurity, Data Breach, Failure To Disclose, Personally Identifiable Information

See all updates »

New Florida Immigration Law and E-Verify Requirements for Employers

SB 1718 E-Verify Requirements - On May 10, 2023, Gov. Ron DeSantis signed a new immigration bill into law, which, among other immigration enforcement measures, requires employers with more than 25 employees to use the…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

See all updates »

New Jersey Federal Court: Policyholders Must Plead Specific Policy Provisions to Maintain Suits

In Law Office of Drew J. Bauman v. Hanover Insurance Co., the U.S. District Court for the District of New Jersey affirmed that policyholders must allege, under New Jersey law, the specific provisions of the insurance policy in…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Verizon False Claims Act Settlement Signals DOJ’s Sustained Focus on Cybersecurity-Related Violations

On September 5, the Department of Justice (DOJ) settled allegations under the False Claims Act against Verizon Business Network Services LLC, a telecommunications provider. The settlement emphasizes the DOJ’s continued efforts…more

Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors, General Services Administration (GSA)

See all updates »

The Corporate Transparency Act: What You Need to Know Pending FinCen Regulations

In an effort to combat money laundering, tax fraud, and other similar financial crimes, Congress recently passed the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Ledgers and Law: Roadblocks Facing the Cannabis Industry

The cannabis industry faces numerous challenges given the current federal legislation and regulatory framework, including a lack of service providers, illusory insurance coverage options, and higher risk with fewer protections…more

Bank Service Providers, Cannabis-Related Businesses (CRBs), Capital Raising, Commercial General Liability Policies, Denial of Insurance Coverage

See all updates »

Bankruptcy Provisions in the CARES Act

There are some key provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act that provide additional relief to those businesses and consumers who may be seeking to file a bankruptcy petition. The CARES Act,…more

CARES Act, Commercial Bankruptcy, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

See all updates »

Creative Reuse: The Opportunities and Challenges of Converting Office Space to Residential

Commercial owners are faced with new financial realities in 2022. Tenants’ desire for less space and the shortage of housing provide new opportunities for landlords by converting their office space and other hard assets to…more

Commercial Property Owners, Commercial Real Estate Market, Mixed-Use Zoning, Office Space, Real Estate Development

See all updates »

Do I Still Get Paid? California Employers Facing Tough Questions After Shutdowns Due to COVID-19

Employers across California face difficult questions from concerned employees as federal, state, and local governments have begun increasing their efforts to prevent the spread of COVID-19…more

Coronavirus/COVID-19, Emergency Management Plans, Family and Medical Leave Act (FMLA), Federal Labor Laws, Sick Leave

See all updates »

Owner COVID-19 Construction Project Considerations

As a result of the global COVID-19 pandemic, owners with active construction projects are now facing a tsunami wave of issues that in many cases must be immediately addressed…more

CARES Act, Construction Contracts, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

See all updates »

Amgen, Juno And The Fate Of Functional Genus Claims

The U.S. Court of Appeals for the Federal Circuit issued two significant decisions last year that affect the protection of biotechnology through the use of functional genus claims — Amgen Inc. v. Sanofi and Juno Therapeutics…more

Amgen, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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Motions For Rehearing: An Often Overlooked Preservation Requirement

Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to…more

Appeals, Appellate Courts, Appellate Review, Judicial Proceedings, Jurisdiction

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Impact Investing: Keys to a Responsible Exit

Impact investing has been gaining new prominence recently to respond to the environmental and social challenges that the traditional frameworks of philanthropy alone could not address. Impact investors generally seek to generate…more

Banks, Document Management, Due Diligence, Environmental Assessments, Environmental Social & Governance (ESG)

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Practical Issues for Transitioning to a Post-Pandemic Workplace

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) published long-awaited updates to its guidance on EEO-related issues stemming from the COVID-19 pandemic. Among other things, the EEOC's updated guidance…more

Coronavirus/COVID-19, EEO, Employee Incentive Plans, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

New Crypto Bill Seeks to Regulate Digital Assets and Their Markets

The Responsible Financial Innovation Act is the most recent legislative package attempting to standardize and regulate the digital assets markets on a federal level. Introduced in Congress by Sens. Cynthia Lummis and Kirsten…more

Cryptocurrency, Digital Assets, Digital Currency, Virtual Currency

See all updates »

Juggling Act: SEC Fines Three Employers for Potentially Discouraging Whistleblowers

The SEC has continued its enforcement against employers — including privately held companies — that have provisions in their agreements or policies that could potentially discourage whistleblowing or communications with…more

Civil Monetary Penalty, Enforcement Actions, Securities and Exchange Commission (SEC), Securities Exchange Act, Securities Violations

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Is Cryptocurrency Use an Automatic Badge of Fraud?

Creditors and trustees may use state or federal fraudulent transfer law to attempt to recover assets transferred by a debtor. Fraudulent transfers are transfers made with the intent to hinder, delay, or defraud a creditor, or…more

Actual or Constructive Knowledge, Bankruptcy Trustees, Commercial Bankruptcy, Creditors, Cryptocurrency

See all updates »

Don’t Abandon All Hope on Appeal

It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much…more

Abandonment, Appeals, Appellate Briefs, Appellate Courts, Appellate Review

See all updates »

Money for Nothing: A Lender's Consent Form to Permit Debt From Government Programs

In response to the unparalleled impact on commercial real estate properties resulting from the COVID-19 pandemic, borrowers have flocked to authorized lenders to apply for loans and other relief offered under the SBA’s Disaster…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Main Street Lending Programs

See all updates »

Imperfect Perfection: Florida Has Zero Tolerance for Creditors Who Misname Debtors in UCC-1 Financing Statements

“What’s in a name? That which we call a rose by any other name would smell just as sweet.” Not so fast, Juliet. While this sweet sentiment may have fared well in William Shakespeare’s, Romeo and Juliet, it does not in Florida…more

Bankruptcy Court, Creditors, Debtors, Uniform Commercial Code (UCC)

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EXPECT FOCUS: Onboard Technology, NAIC Cybersecurity, DOL, ACA Litigation, SEC Regulation (Vol. III, Summer 2015)

In This Issue: IN THE SPOTLIGHT - - Your Data Breach Collided With My Personal Injury Coverage LIFE INSURANCE - - Phantom Injury Dooms “Shadow Insurance” Case - Latest NAIC Cybersecurity News…more

Administrative Law Judge (ALJ), AIG, Auto Body Shop, Bailout, Banking Sector

See all updates »

What's the Future of Hospitality and Tourism in Cuba as U.S. Embargo Loosens?

The loosening of the U.S. trade embargo on Cuba has generated significant discussion regarding the country's potential for economic transformation. Most analysts agree that Cuba will be a very different country 10 years from…more

Cuba, Embargo, Foreign Relations, Hospitality Industry, Hotels

See all updates »

More on Competent Summary Judgment Evidence: The Rule Does Not Just Apply to Affidavits

We previously wrote about the requirements many jurisdictions impose for affidavits or declarations submitted in conjunction with motions for summary judgment, including that they must be based on personal knowledge, show the…more

Affidavits, Appeals, Depositions, Evidence, Jurisdiction

See all updates »

Certain Debtors Are Now Eligible to Apply for PPP Loans

The Small Business Administration (SBA) recently provided new guidance regarding the eligibility of certain debtors to apply for Paycheck Protection Program (PPP) loans, clarifying that, despite the general rule that debtors…more

CARES Act, Consolidated Appropriations Act (CAA), Debtors, Paycheck Protection Program (PPP), Relief Measures

See all updates »

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,…more

Affidavits, Alter Ego, Burden of Proof, Business Entities, Clear and Convincing Evidence

See all updates »

High Crimes and Misdemeanors: The FAA and Pilot DUIs

Know before you blow! In this episode, we explore the consequences and repercussions of DUIs for pilots. As professionals who hold a high level of responsibility and trust, pilots are held to strict regulations when it comes to…more

DUI, Federal Aviation Administration (FAA), Misdemeanors, Pilots

See all updates »

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…more

See all updates »

Federal and State Officials Launch Joint Efforts to Investigate and Prosecute Fraud Related to the Coronavirus

As the coronavirus pandemic affects the normal way of life across the country, federal prosecutors and investigative agencies have begun establishing initiatives to investigate and combat fraudulent schemes related to the virus…more

Coronavirus/COVID-19, Corruption, Department of Justice (DOJ), Fraud, Investment Fraud

See all updates »

Mark Cuban’s Cryptocurrency Conundrum: The Road to Filing Sanctions

Selecting a named plaintiff in a putative class action can be one of the most important, but overlooked, decisions that a plaintiff’s counsel makes. Picking the wrong plaintiff can lead to delay, dismissal of claims, denial of…more

Celebrity Endorsements, Cryptocurrency, Damages, Frivolous Lawsuits, Investment Opportunities

See all updates »

[Webinar] Looking Forward to the Future of the Tampa Bay Region - December 15th, 12:00 pm - 1:00 pm ET

Tech. Restaurants. Real Estate. Sports. Tourism. The Tampa Bay region is booming all around. Our population, workforce growth, infrastructure, economy, and leisure options have all led to Tampa and its surrounding cities…more

Community Development, Economic Development, Infrastructure, Real Estate Development, Restaurant Industry

See all updates »

10 tips for navigating privacy, cybersecurity and AI in the workplace

Employers are gathering more and more data on job applicants and employees. From using artificial intelligence (”AI”) and credit scores for pre-employment screenings, biometrics for clocking-in and out, and digital technologies…more

Artificial Intelligence, Cyber Attacks, Cybersecurity, Data Privacy, Data Protection

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Time to Fight Back – How Wireless Providers Should Leverage a Federal Indictment to Stop Cellphone Traffickers

A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly $100 million from wireless…more

Cell Phones, Criminal Prosecution, Indictments, Wireless Industry

See all updates »

The Hurricane is Coming in Five Days - Are We Ready for This?

On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149 mph…more

Business Interruption, Business Risk Exclusions, Construction Project, Consumer Insurance Products, Contract Terms

See all updates »

Second Circuit Weighs in on Scope of Business Enterprise Exclusion, Finds It Bars Coverage for Legal Malpractice Suit

Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured…more

Attorney Malpractice, D&O Insurance, E&O Insurance, Insurance Claims, Insurance Litigation

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Foreign Tax Credits, Immigration Procedures, Income Taxes, Tax Planning

See all updates »

New Attestation for Florida Residential Property Insurers

On July 17, 2023, the Florida Office of Insurance Regulation (OIR) released an informational memorandum to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now 2023-172,…more

Attestation Requirements, Florida, Insurance Code, Insurance Regulations, Property Insurance

See all updates »

Tenth Circuit Upholds Clear and Unambiguous ATV Exclusion in Homeowners Policy

The Tenth Circuit Court of Appeals declared that an insurer’s homeowners policy all-terrain vehicle exclusion barred coverage for a Utah insured’s injuries that did not occur at the “insured location.”…more

ATV Accidents, Denial of Insurance Coverage, Homeowner's Insurance, Homeowners, Insurance Claims

See all updates »

Appearing In The Red Glare Of The Rocket Docket

Among the 94 U.S. district courts, the “Rocket Docket” is quite special. Officially known as the Eastern District of Virginia (EDVA), this federal judicial enclave is nationally famous for its long and deeply engrained history…more

Courthouses, Federal Jurisdiction, Judges, Judicial Proceedings, Litigation Strategies

See all updates »

Construction Case Law Update - January 11, 2016

CGL Policies, Supplemental Payment Provision, and Attorney’s Fees - A contractor’s commercial general liability insurer appealed a final judgment in favor of homeowners that damages awarded to them in a construction defect suit…more

Anti-Assignment Clauses, Commercial General Liability Policies, Construction Defects, Construction Industry, Insurance Industry

See all updates »

[Event] Building Resiliency Into the Construction Industry - September 7th, Miami, FL

In the construction industry, resilience generally refers to a building’s or infrastructure element’s ability to avoid, mitigate, absorb, or recover from physically destructive events, with an eye toward overall…more

Catastrophic Events, Coastal Real Estate, Construction Industry, Construction Project, Events

See all updates »

Practice Makes Perfect: Mock Oral Arguments and Effective Oral Advocacy

The key to successful oral advocacy is effective preparation. In this podcast, Carlton Fields attorneys Gary Sasso, Peter Webster, and Christine Davis discuss the importance of mock oral arguments in preparing for oral arguments…more

Appeals, Defense Strategies, Jury Trial, Mock Trials, Oral Argument

See all updates »

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege and Develop Legal Strategies

Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside…more

Attorney-Client Privilege, Common-Interest Privilege, Confidential Communications, Employees, Evidence

See all updates »

Employers Should Prioritize Reviewing Their Handbooks in Light of New NLRB Decision

On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the NLRB…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Eleventh Circuit Vacates Class Settlement in GoDaddy TCPA Suit Based on Improper Class Definition

The U.S. Court of Appeals for the Eleventh Circuit recently solidified an important rule about class standing: the definition of a class in a settlement agreement must be limited to class members with Article III standing…more

Article III, ATDS, Class Action, Class Members, Corporate Counsel

See all updates »

IRS Extends Late Portability Election, Gives Tax Benefit to Estates

On July 8, 2022, the IRS issued a new procedure that can be used to extend estate tax portability for up to five years after the death of a spouse. This could be extremely useful for individuals who sought estate planning…more

Estate Planning, Estate Tax, Estate-Tax Exemption, IRS

See all updates »

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No Liability Beyond Non-Insurance Assets

In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised not…more

Consent, Insurance Claims, Insurance Code, Insurance Litigation, Insurance Regulations

See all updates »

Eighth Circuit Finds Contract Formation Challenges to Be Decided by the Court, Affirms Order Denying Motion to Compel Arbitration

Defendant Litong Capital LLC appealed from an order of the U.S. District Court for the Western District of Missouri. The district court denied Litong’s motion to compel arbitration of claims asserted by GP3 II LLC, having…more

Arbitration, Arbitration Agreements, Contract Formation, Motion to Compel

See all updates »

DOJ Issues New Guidance on the Investigation and Prosecution of Corporations and Corporate Officers

On September 15, 2022, Deputy Attorney General Lisa Monaco announced significant revisions to the Department of Justice’s corporate criminal enforcement policies. Monaco’s remarks, delivered in a speech at New York University,…more

Compliance, Compliance Monitoring, Corporate Crimes, Corporate Misconduct, Criminal Prosecution

See all updates »

The SEC’s Compulsory Practice of Restraining Free Speech: “You Signed It, So Live With It!”

Since 1972, the SEC has prohibited defendants who settle civil enforcement actions with the SEC without admitting or denying wrongdoing from later publicly “denying the allegations in the complaint” filed against them. The SEC…more

Enforcement Actions, Federal Rules of Civil Procedure, First Amendment, Free Speech, Gag Orders

See all updates »

[Webinar] Can You Live Local? Benefits and Challenges of Developing Affordable Housing in Florida - January 23rd, 2:30 pm - 3:30 pm ET

It's been just a few months since Florida enacted the Live Local Act to boost affordable housing, and developers are already proposing new projects under the new law. In this webinar, our panelists will discuss the benefits…more

Affordable Housing, Best Practices, Community Development, Florida, Housing Developers

See all updates »

What the Recent NAIC Financial Condition Examiners Handbook Changes Mean for Insurers

On September 21, 2015, the National Association of Insurance Commissioners (NAIC) IT Examination Working Group adopted amendments to the IT section of the Financial Condition Examiners Handbook (“the Handbook”). The changes are…more

Cyber Threats, Cybersecurity, Cybersecurity Framework, Guidance Update, Handbooks

See all updates »

You Keep Using That Word, I Do Not Think It Means What You Think It Means: Accountant-Client “Privileged” Communications May Not Be Privileged as a Conflict of Law Matter

In Florida, the legislature deemed open dialogue between an accountant and a client so important that, in 1978, it adopted a privilege nonexistent in the common or law: the accountant-client privilege…more

Accountants, Attorney-Client Privilege, Conflicts of Laws, Insurance Litigation, Insurance Regulations

See all updates »

Florida Governor Limits Mortgage Foreclosure and Eviction Relief to Non-Payment Defaults and Single-Family Mortgagors and Residential Tenants

On July 29, 2020, Florida Gov. Ron DeSantis signed Executive Order 20-180, extending residential mortgage foreclosure and eviction relief afforded by Executive Order 20-94 to September 1, 2020. The executive order specifically…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Governor DeSantis

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

COVID-19 and Credit Facilities

Due to the COVID-19 pandemic and its uncertain impact on business operations and business continuity, many companies are reviewing their credit agreements with an eye toward their ability to borrow/re-borrow and potential…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Credit Agreements, EBITDA

See all updates »

Should I Stay (Home) or Should I Go (to the Office)?

“Ninety percent of life is just showing up,” according to Woody Allen. The saying seems dated now—lawyers are not showing up, at least to the office, 90 percent of the time. Some lawyers believe that there is zero percent need…more

Coronavirus/COVID-19, Law Firm Associates, Law Firm Partners, Law Practice Management, Remote Working

See all updates »

Pennsylvania’s “One-Document Rule” Invalidates Carvana’s Arbitration Agreement

Dana Jennings and Joseph Furlong each bought a car from Carvana, a nationwide online used car dealer. On the day of their purchases, each signed three separate documents: a “retail purchasing agreement,” a “retail installment…more

Arbitration, Arbitration Agreements, Class Action, Contract Terms, Motor Vehicles

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

Georgia Appellate Court Finds Insurer’s Intended Acceptance of Presuit Settlement Offer Invalid, As Check Was Issued Earlier Than Time Specified by Claimant

In Pierce v. Banks, the Georgia Court of Appeals reversed a trial court order denying plaintiff Aaron Pierce’s partial motion for summary judgment and granting a cross-motion to enforce a settlement in favor of defendant Kyndyl…more

Cross Motions, Insurance Claims, Insurance Litigation, Pre-Suit Damages, Reversal

See all updates »

Consent to Settle: Third Circuit Reminds Insureds to Obtain Prior Written Consent Required by a Claims-Made Policy or Face Claim Denial, and Rejects Bad Faith Claim in Absence of a Finding of Coverage Under New Jersey Law

In a non-precedential decision, the Third Circuit Court of Appeals upheld a district court’s grant of summary judgment to an errors and omissions insurer that declined to indemnify a settlement because the insured had settled…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

See all updates »

U.S. Supreme Court Unanimously Upholds the Federal Circuit’s Enablement Inquiry for Patent Claims

On May 18, 2023, the U.S. Supreme Court handed down a unanimous decision in the much-anticipated Amgen Inc. v. Sanofi case. See 598 U.S. ___, No. 21-757, 2023 WL 3511533 (May 18, 2023). In so doing, the Court maintained the…more

Amgen, Enablement Inquiries, Patent Litigation, Patents, Pharmaceutical Industry

See all updates »

Time to Fight Back – How Wireless Providers Should Leverage a Federal Indictment to Stop Cellphone Traffickers

A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly $100 million from wireless…more

Cell Phones, Criminal Prosecution, Indictments, Wireless Industry

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

Not So Independent: SCOTUS Upholds State Judicial Review for Elections

The U.S. Supreme Court surprised court watchers with a 6–3 decision in Moore v. Harper, holding that the elections clause of the U.S. Constitution did not preclude state court review. Chief Justice Roberts wrote the opinion,…more

Federal Elections, Moore v Harper, Racial Gerrymandering, SCOTUS, Voting Rights

See all updates »

Western District of Washington Reverses Course and Compels Arbitration

Following unsuccessful motions to dismiss, the defendants moved to compel arbitration, arguing that they had not moved to compel the matter to arbitration earlier because the plaintiffs had not yet completed all stages of the…more

Arbitration, Dispute Resolution, Motion to Compel, Motion to Dismiss

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Foreign Tax Credits, Immigration Procedures, Income Taxes, Tax Planning

See all updates »

NAIC H Committee Continues as Ringmaster Coordinating Numerous Initiatives

Under the leadership of Maryland Insurance Commissioner Kathleen Birrane, in 2023 the Innovation, Cybersecurity, and Technology (H) Committee of the National Association of Insurance Commissioners completed two main performances…more

Algorithms, Artificial Intelligence, Cybersecurity, Innovation, Life Insurance

See all updates »

The Basics of E-Recording

The Uniform Electronic Transactions Act (UETA) in most states, and the Global National Commerce Act (E-sign) federally, allow sale contracts, mortgage instruments, and promissory notes to be memorialized with the electronic…more

E-SIGN, Florida, Recording Requirements, UETA

See all updates »

COVID-19's Impact on Building and Development Permits

For many years, the development industry in Florida has been able to extend building permits, development orders, and other government approvals during the time period when the governor declares a state of emergency, pursuant to…more

Building Permits, Construction Project, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

See all updates »

Divided Ninth Circuit Finds Toxic Dust From Wildfire Is Not “Pollutant” Under Policy’s Pollution Exclusion

In Wesco Insurance Co. v. Brad Ingram Construction, the Ninth Circuit Court of Appeals reversed a summary judgment ruling in favor of Wesco Insurance Co. after a split panel concluded that toxic dust and debris from a wildfire…more

Contamination, Contractors, Insurance Claims, Insurance Litigation, Motion for Summary Judgment

See all updates »

Pencils Down? Tell the Court!

Your firm is five years into a bet-the-company suit. Trial has come and gone, and multiple parties have appealed. After a week of intense negotiations, you send a mass email to your team: “Pencils down everyone! We’ve settled.”…more

Appeals, Appellate Courts, Filing Requirements, Judicial Proceedings, Litigation Strategies

See all updates »

COVID-19 and Credit Facilities

Due to the COVID-19 pandemic and its uncertain impact on business operations and business continuity, many companies are reviewing their credit agreements with an eye toward their ability to borrow/re-borrow and potential…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Credit Agreements, EBITDA

See all updates »

Terminal Funding Annuities Smooth Rough Seas for Defined-Benefit Plans

Current volatile market conditions and increasing interest rates are causing defined-benefit plan administrators and sponsors to consider purchasing annuity contracts (often called “terminal funding annuities”) to fund retiree…more

Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Interest Rates

See all updates »

OMG! I Have To Produce What? 4 Steps To Tipping The Field With Social Media

Not every widower mourns by partying with several young women. And most of those who soothe their pain with a couple cold ones and a few warm shoulders to cry on don’t commemorate the occasion with a Facebook photo. But a few…more

Discovery, Document Productions, Social Media

See all updates »

Don’t Abandon All Hope on Appeal

It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much…more

Abandonment, Appeals, Appellate Briefs, Appellate Courts, Appellate Review

See all updates »

[Webinar] The California Consumer Privacy Act: Getting Up to Speed with the Looming Enforcement Deadline - May 21st, 3:00 pm - 4:00 pm ET

Join in-house counsel, chief privacy and information officers, and C-suite leaders for in-depth program featuring Carlton Fields’ Cybersecurity and Privacy attorneys. For companies subject to the CCPA, the law ushered in…more

California Consumer Privacy Act (CCPA), Chief Information Officers (CIO), Chief Privacy Officer, Consumer Privacy Rights, Cybersecurity

See all updates »

FCC Notice Of Inquiry Highlights AI Robocall Concerns

In an iconic scene from "Terminator 2," Arnold Schwarzenegger's good Terminator perfectly impersonates Edward Furlong's voice in a test to see if the teenager's house was under siege by Robert Patrick's evil Terminator…more

Algorithms, Artificial Intelligence, Consent, FCC, Federal Trade Commission (FTC)

See all updates »

California Consumer Privacy Act: A Reference Guide for Compliance

California passed a sweeping new privacy law that will impact many businesses. The California Consumer Privacy Act of 2018 (CCPA) is the first U.S. law to grant consumers extensive rights as to their personal information and how…more

Banks, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection

See all updates »

Federal Court Finds No Coverage for Mouthwash Tainted From Auto Cleanser Equipment

Applying well-settled Wisconsin law, a federal district court found that an insurer had no duty to indemnify an oral hygiene product manufacturer for tainted products after determining that the losses did not result from an…more

Denial of Insurance Coverage, Duty to Indemnify, Excess Policies, Insurance Claims, Insurance Litigation

See all updates »

Employment and Immigration Issues Facing Banks

EMPLOYMENT ISSUES - 1. No compensation for compensable work - Many banks—including large, sophisticated banks—are facing class action lawsuits for not compensating non-exempt employees for compensable work. These…more

Banks, Class Action, Criminal Background Checks, Employer Liability Issues, Foreign Nationals

See all updates »

Expect Focus - Volume II, May 2023

For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Insurance Industry, Investors, Life Insurance

See all updates »

Illinois Supreme Court: Innocent Insured Doctrine? For a Lawyer? (cough)

Illinois State Bar Assoc. Mut. Ins. Co. v. Law Office Of Tuzzolino and Terpinas, the Illinois Supreme Court held that the “innocent insured” doctrine does not protect an innocent prospective insured, if his law partner makes…more

Attorney Malpractice, IL Supreme Court, Innocent Insured, Law Firm Partners, Malpractice Insurance

See all updates »

STOLI Fallout: Stepping Into the Post-Void

The phenomenon of void ab initio life insurance policies has “spawned a host of thorny questions regarding the appropriate remedial response to the identification of a policy as STOLI.” The Supreme Court of Delaware succinctly…more

DE Supreme Court, Insurable Interests, Insurance Claims, Insurance Litigation, Insurance Regulations

See all updates »

Expect Focus - Volume III, September 2023

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about…more

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

You Keep Using That Word, I Do Not Think It Means What You Think It Means: Accountant-Client “Privileged” Communications May Not Be Privileged as a Conflict of Law Matter

In Florida, the legislature deemed open dialogue between an accountant and a client so important that, in 1978, it adopted a privilege nonexistent in the common or law: the accountant-client privilege…more

Accountants, Attorney-Client Privilege, Conflicts of Laws, Insurance Litigation, Insurance Regulations

See all updates »

CARES Act Provides Payment Protection and Potential Loan Forgiveness to Small Businesses

The federal government passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. Title I of the CARES Act contains the Paycheck Protection Program and loan forgiveness provisions. These provisions…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

See all updates »

Retail Tenants – COVID-19 Implications for the Landlord/Tenant Relationship

Among the businesses most adversely affected by the COVID-19 pandemic are many retail tenants that have had to close for significant periods and have experienced a significant decline in customer traffic. At the same time, their…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Force Majeure Clause, Landlords

See all updates »

SEC and CFTC Fines for Texting Augur Billions More from DOJ

In September 2022, the SEC and CFTC fined some of the largest financial services firms in the world approximately $1.8 billion for texting. Specifically, for failing to maintain or preserve “off-channel communications” on…more

Broker-Dealer, CFTC, Department of Justice (DOJ), Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

The Appropriations Act – Changes Regarding Commercial Leases in Bankruptcy

The $2.3 trillion Consolidated Appropriations Act of 2021 brought relief to many people and businesses struggling due to the COVID-19 pandemic when the act became effective on December 27, 2020. The relief provided under the…more

Bankruptcy Code, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Consolidated Appropriations Act (CAA)

See all updates »

Telecom Carriers to Block Spoofed Calls From Reaching Consumers

On August 3, the FCC proposed an $82 million fine against a company and its individual owner/operator for making millions of illegally spoofed “robocalls” to consumers across the country. According to the FCC News Release,…more

Call Blocking, Enforcement Actions, FCC, Fines, Robocalling

See all updates »

Revived Prospects for Patenting Financial Product Inventions

Since the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank Int’l, trying to patent a business method — such as a method for calculating premiums or underwriting for insurance policies — has generally been a fool’s…more

Consumer Insurance Products, Insurance Regulations, Insurtech, Intellectual Property Protection, Patents

See all updates »

National Union Prevails on $40 Million Coblentz Enforcement Action in D&O Case

On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held that…more

D&O Insurance, Development Agreements, Negligent Misrepresentation, Policy Exclusions, Real Estate Development

See all updates »

Market Pushes Back on SEC Short Sale Reporting Rule

On October 13, the SEC adopted a new Securities Exchange Act rule that will require ‘‘institutional investment managers,’’ such as insurance companies, banks, brokers and dealers, investment advisers, and pension funds, that…more

Administrative Procedure Act, Institutional Investment, Investment Management, Reporting Requirements, Securities and Exchange Commission (SEC)

See all updates »

Fitting a Square Plaintiff Into a Circle Class? No Can Do Says Florida Federal Court

A recent decision issued by Chief Judge Timothy J. Corrigan of the Middle District of Florida highlights a straightforward yet consequential class action principle: a plaintiff cannot serve as a class representative for a class…more

Article III, Debt Collection, Debt Collectors, FCCPA, FDCPA

See all updates »

Real Property, Financial Services, & Title Insurance Update: Week Ending July 27, 2018

REAL PROPERTY UPDATE - Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v…more

Auto-Dialed Calls, Deutsche Bank, FDCPA, Financial Services Industry, First American Title Insurance Co.

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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