Carlton Fields

Supreme Court Rules Unaccepted Rule 68 Offer of Judgment Cannot Moot Class Action

A divided Supreme Court ruled today in Campbell-Ewald Co. v. Gomez, No. 14-857, that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative class action. The decision settles a reserved question from…more

Campbell Ewald v Gomez, Mootness, Putative Class Actions, Rule 68, SCOTUS

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Trial Checklist

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below for…more

Closing Arguments, Depositions, Evidence, Litigation Strategies, Trial Preparation

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Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage foreclosure…more

Bank of America, Countrywide, Discovery, Foreclosure, Mortgages

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FinCEN’s Expanding Application of the Bank Secrecy Act and Anti-Money Laundering Regulations

The Financial Crimes Enforcement Network (FinCEN) is again flexing its regulatory muscles by increasing the breadth and scope of the types of entities regulated by the Bank Secrecy Act (BSA). Among other things, the BSA requires…more

Anti-Money Laundering, Bank Secrecy Act, Financial Institutions, FinCEN, Investment Adviser

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Arise and Exclude: Artful Pleading Fails to Circumvent Contractual Liability Exclusion

It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa.,…more

Bonds, Breach of Contract, Construction Industry, Denial of Insurance Coverage, Insurance Industry

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Georgia Court of Appeals Expands Lenders' Ability to Pursue Guarantor Deficiency Judgment Suits Beyond Foreclosure Confirmations

The Court of Appeals of Georgia further clarified Georgia's treatment of deficiency judgment suits against guarantors in instances where lenders cannot obtain foreclosure confirmations of secured property. Community & Southern…more

Appeals, Deficiency Judgments, Foreclosure, Guarantors

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FCC Issues $2.96 Million Fine for Robocalling Violations

Last week, the FCC issued its self-described “largest forfeiture order” to date for robocalling violations. The Commission announced the $2.96 million fine against a travel company based in Tampa, Florida, and its owner, for…more

Class Action, Declaratory Rulings, Do Not Call List, FCC, Fines

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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

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CFPB Hits Credit Reporting Agency with $8 Million Penalty for FCRA Violations

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) recently ordered a Florida subprime credit reporting company and its owner to pay an $8 million civil penalty and to halt illegal practices in a December 3 Consent…more

CFPB, Civil Monetary Penalty, Consumer Reports, Credit Reporting Agencies, FCRA

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FTC's Big Data Report Provides Road Map for Insurers Using Big Data

On January 6, the Federal Trade Commission ("FTC") released a report entitled "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues" ("Report") that follows the FTC's September 15, 2014 workshop on "the…more

Big Data, Discrimination, FCRA, FTC, Insurance Industry

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Due Diligence in Cross-Border Acquisitions Paving the Road to Enter or Run Away From a Deal in Brazil

With the great majority of foreign jurisdictions already adopting U.S.-style acquisition documents in connection with business acquisitions, U.S. investors experience a larger sense of comfort in negotiating their equity…more

Acquisition Agreements, Acquisitions, Brazil, Contract Negotiations, Cross-Border Transactions

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Legislature Amends Evidence Code Provisions Governing Admission Of Expert Testimony

The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the…more

Daubert Ruling, Depositions, Evidence, Expert Testimony, Kelly-Frye Test

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FTC's Big Data Report Provides Road Map for Insurers Using Big Data

On January 6, the Federal Trade Commission ("FTC") released a report entitled "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues" ("Report") that follows the FTC's September 15, 2014 workshop on "the…more

Big Data, Discrimination, FCRA, FTC, Insurance Industry

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They Didn’t Teach You This in Law School: Preserving Error as to PowerPoint Presentations at Trial

Today, it is rare for a trial to take place without the use of PowerPoint presentations. They most often appear during opening statement, the examination of experts, and closing argument. So let’s suppose that opposing counsel…more

Evidence, Record Preservation

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Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage foreclosure…more

Bank of America, Countrywide, Discovery, Foreclosure, Mortgages

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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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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Ninth Circuit Addresses Preemption in Recent Labeling Cases

The Ninth Circuit Court of Appeals recently addressed preemption in the context of food and cosmetic labeling. Food Manufacturers Can Label Honey as “Honey” - In June, the Ninth Circuit issued an opinion in Brod v…more

All Natural, Class Action, Cosmetics, Department of Agriculture, False Advertising

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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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New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act

A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act. The…more

Civil Rights Act, Class Action, Class Certification, Collective Actions, Disparate Impact

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Florida District Court Affirms Bankruptcy Court Bar Order In Favor Of Former Ds & Os

On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a debtor’s breach of fiduciary duty, corporate waste, and mismanagement claims…more

Bankruptcy Court, Board of Directors, Breach of Duty, Class Action, Commercial Bankruptcy

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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

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Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

The chart blow constitutes a summary of the laws of various jurisdictions that govern data breach notifications. Please see full Publication below for more information…more

Breach Notification Rule, Cause of Action Accrual, Data Breach, Data Security, Jurisdiction

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Hypothetically Speaking, Mr. Insurance Commissioner, There Is No Need To Answer

A recent case pitted two State of Florida agencies involved in insurance regulation against one another, and resulted in a decision by the appellate court that the Insurance Commissioner could not be compelled to appear as a…more

Appeals, Depositions, Insurance Commissioners, Insurance Industry, Witness

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The Reply Brief: Turning "Getting the Last Word" into "Getting the Win"

When you are the appellant, you always have the burden of persuasion in seeking a reversal. Even on a de novo review, you are starting at least a step behind, psychologically. A reply brief may be the last word and the last…more

Appeals, Litigation Strategies

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IRS Targets Captive Insurance Companies Owned by Closely-Held and Middle Market Companies

In February 2015, the IRS added certain small or “micro” captive insurance companies to its “Dirty Dozen” list of abusive tax scams for the 2015 filing season. In response to what it sees as an abuse involving a legitimate…more

Captive Insurance Company, Insurance Industry, Internal Revenue Code (IRC), IRS, Tax Scams

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Eleventh Circuit Affirms Summary Judgment for Insurer Based on "Other Capacity" Exclusion

On June 22, the Eleventh Circuit affirmed the grant of summary judgment in favor of National Union Insurance Company of Pittsburgh, Pa., in an action where the insured sought $10 million in coverage under a D&O policy. The court…more

Corporate Officers, D&O Insurance, Fiduciary Duty, Insurance Litigation, Shareholder Litigation

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Conflict Resolution: Illinois Appellate Court Finds No Conflict in Defending Two Insureds, and No Duty of Primary to Excess Insurer to Settle Case

When an insurer defends its insured under a liability policy, the insurer has a duty to act in good faith to the insured in responding to settlement offers. In Illinois Emcasco Insurance Co. v. Nationwide Mutual Insurance Co.,…more

Appeals, Commercial General Liability Policies, Conflict Resolution, Conflicts of Interest, Defense Strategies

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Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What…more

Accounting Fraud, Annuities, Bad Faith, Broker-Dealer, Captive Insurance Company

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No Contractor Is An Island: Florida Court Narrowly Applies “Your Work” Exclusion

When an insurer issues a Commercial General Liability policy to a contractor, the policy typically excludes coverage for the cost of repairing or replacing the contractor’s own defective work, but covers the cost of repairing…more

Commercial General Liability Policies, Construction Defects, Construction Industry, Faulty Workmanship, Insurance Industry

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California Court Gives Ford SUV Tailgate Class the Boot

Plaintiffs from California, New Jersey, and Florida claimed their 2002-2005 Ford Explorers, Mercury Mountaineers, and Lincoln Aviators suffered from a common design defect: the plastic appliqué just below the flip-glass on the…more

Automotive Industry, Class Action, Design Defects, Expert Testimony, Ford Motor

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Expect Focus – International, Summer 2015

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules of…more

Bilateral Investment Treaties, Cross-Border Transactions, Cuba, DOJ, EU

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Q&A With Carlton Fields' Gregory Cesarano

At Carlton Fields, Greg Cesarano focuses his practice on defense of corporations and manufacturers in products liability and commercial claims. He also leads Carlton Fields’ products and toxic tort liability practice group,…more

Class Action, Consumer Product Safety Commission (CPSC), DUI, FDCA, Food Labeling

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Cuba’s Underdeveloped Telecommunications Infrastructure Presents Opportunities

Following changes in U.S. foreign policy toward Cuba, announced by President Obama in December 2014, U.S. government officials and industry players have begun exploring the development and expansion of Cuba’s telecommunications…more

Barack Obama, Cuba, Executive Orders, Foreign Relations, Infrastructure

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SEC Issues Cybersecurity Risk Alert

On April 15th, the SEC's Office of Compliance Inspections and Examinations ("OCIE") issued a Risk Alert concerning its initiative to assess the cybersecurity preparedness of the securities industry. The Risk Alert states that…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, OCIE

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

In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again …more

Accredited Investors, Affordable Care Act, Burwell v Hobby Lobby, CFPB, Class Action

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Tips for Reacting to an "In-Person" Public Records Request under Florida's Public Records Act

Under Florida's broad Public Records Act ("the PRA"), chapter 119, Florida Statutes, any person - whether an individual or a legal entity - can request access to or copies of public records in the custody of state agencies,…more

Public Records, Public Records Act, Request For Information

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Waiver By Confusion: When There Is a Split of Authority, Do You Know Where Your Court Stands?

Recognizing splits of authority and knowing where your court stands on the issue can be critical to avoid waiver. Lawson v. Sun Microsystems, Inc., 791 F.3d 754 (7th Cir. 2015), cert. denied, 84 USLW 3130 (U.S. 2016),…more

Litigation Strategies, Motion for Summary Judgment, Rule 50, Trial Practice Guidance, Waivers

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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

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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BP Settlement Claim

After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast Region,…more

BP, Class Action, Eligibility, Gulf Oil Spill, Settlement

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Keep This Between Us—and the Government: Confidentiality of Witness Interviews in Corporate Internal Investigations

Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor agreements…more

Collective Bargaining, Corporate Investigations, Internal Investigations, NLRB, Popular

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Gatekeeper Liability of Inside Asset Management Attorneys "Appearing" Before the SEC

This article addresses the liability of inside attorneys at asset management companies— mutual fund sponsors, investment advisers, broker-dealers, life insurance companies—as gatekeepers under rules of the US Securities and…more

Appearance Policy, Arthur Anderson, Asset Management, Best Interest Contract Exemptions, Best Interest Standard

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Timing is Everything: When Is The Right Time To Move To Remand?

It may not always be apparent whether a potential basis for remand is procedural or impacts subject matter jurisdiction. As a recent federal case from Kentucky demonstrates, identifying issues and classifying them early is…more

Diversity Jurisdiction, Objection Procedures, Remand

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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4 Ways Not to Preserve Objections to Jury Instructions

The trouble began with an off-the-record charge conference. Both sides proposed standard breach of contract jury instructions, but the defendant added additional language. The trial court gave the defendant’s version. The court…more

Breach of Contract, Jury Instructions, Litigation Strategies, Objections

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Best Practices In Reducing Cost And Managing Risk In Class Action Litigation

Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in 2012,…more

Class Action, Legal Costs, Risk Mitigation

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Administrative Closing Of Employment Discrimination Case Subject To Arbitration Agreement Bars Appellate Review

In Walker v. TA Operating, LLC et. al., Case No. 14-41046 (5th Cir. May 22, 2015), the Fifth Circuit Court of Appeals dismissed an appeal of an employment discrimination case subject to an arbitration agreement due to lack of…more

Appeals, Arbitration, Arbitration Agreements, Employment Discrimination, Federal Arbitration Act

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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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How To Use Electronic Media To Access Accredited Investors Under The New SEC Rules

Effective September 23, 2013, pursuant to new SEC Rule 506(c), issuers of securities are allowed to reach “accredited investors” through general solicitation as long as they take adequate precautions to a) limit the offering to…more

Accredited Investors, Advertising, General Solicitation, JOBS Act, Marketing

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Florida Appellate Court Adopts Test to Distinguish Direct Shareholder Actions From Derivative Actions

Addressing what it acknowledged was a “murky question” under Florida law, Florida’s Fourth District Court of Appeal recently outlined the test for determining when shareholders may maintain a direct action against a corporation…more

Asset-Backed Securities, Banking Sector, Banks, Bear Sterns, Buyback Programs

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Is It Time To Review, Retest, Or Amend Your Employee Benefit Plans? IRS Provides Same Sex Marriage Guidance For Retirement Plan Sponsors And Administrators

On June 26, 2013, when the Supreme Court determined that Section 3 of the federal Defense of Marriage Act (DOMA) was unconstitutional, the tax and benefit plan implications were unclear. Later, in Revenue Ruling 2013-17, the IRS…more

Benefit Plan Sponsors, DOMA, Employee Benefits, Employer Liability Issues, Plan Administrators

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Delaware Federal Court Confirms Arbitration Award In Commercial Dispute, Finding That The FAA Standard, And Not The Delaware Uniform Arbitration Act, Governed The Party’s Challenge

Roquette Freres, S.A. and Solazyme, Inc. entered into a Joint Venture Operating Agreement (the “JVOA”), which was established for the purpose of “the research and development, manufacture, distribution, sales, marketing and…more

Arbitration Agreements, Federal Arbitration Act, Joint Operating Agreement, Motion to Vacate

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Managing Risk: Liability For The Criminal Acts Of Others

There is an ever-present possibility that a land owner may be held liable in damages for the injuries and consequences of criminal acts of strangers…more

Foreseeability, Land Owners, Landlords, Negligence, Premises Liability

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Jury Awards $58.7 Million for Trade Secret Misappropriation After Technology Disclosure Pursuant to NDA

On March 6, in a U.S. District Court for the Eastern District of Texas case, Texas Advanced Optoelectric Solutions (TAOS) Inc. obtained a verdict against Intersil Corp. (Nasdaq: ISIL) for trade secret misappropriation, breach of…more

Breach of Contract, IP Litigation, Jury Awards, Misappropriation, Patent Infringement

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Wall-to-Wall Ads: Florida Court’s Broad Definition of “Advertisement” Expands Scope of Advertising Injury Coverage

“Advertising injury” can be tricky. In theory, the term applies to the type of harm that can be inflicted through advertising media—defamation, disparagement, violation of privacy rights or misappropriation of intellectual…more

Advertising Injury, Commercial General Liability Policies, Insurance Industry, Insurance Litigation, Trademark Infringement

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Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

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The Prospect for a Legislative Fix in the Case of Certain Promoters Using Micro Captives Deemed Abusive by the IRS

Despite a considerable reduction in budget and personnel, the Internal Revenue Service announced earlier this year that it would devote considerable time and effort to crack down on what it views as widespread abusive…more

Captive Insurance Company, Compliance, Insurance Industry, Investment, IRS

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Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage foreclosure…more

Bank of America, Countrywide, Discovery, Foreclosure, Mortgages

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U.S. Pre-Immigration Tax Planning

The U.S. Pre-Immigration Tax Planning brochure provides information on the U.S. Tax Code, income tax, estate and gift tax, and pre-immigration considerations, in addition to real-world examples. There are no adverse…more

Capital Gains, Estate Tax, Foreign Tax Credits, Foreign Taxpayers, Gift Tax

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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 »

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Washington Adopts New Rules Regarding Credit For Reinsurance

The Office of the Insurance Commissioner for Washington State recently adopted rules that amend the existing Credit for Reinsurance rules within the state. In addition, that office adopted new rules to conform Washington’s rules…more

Insurance Industry, NAIC, Reinsurance

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New Condominium Exemption To The Interstate Land Sales Full Disclosure Act

As we previously reported, a significant amendment to the Interstate Land Sales Full Disclosure Act (ILSA) becomes effective on March 26, 2015. HR2600 adds an exemption from registration for a “condominium unit.” This is a…more

Condominiums, Exemptions, ILSA

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Eleventh Circuit Affirms Summary Judgment for Insurer Based on "Other Capacity" Exclusion

On June 22, the Eleventh Circuit affirmed the grant of summary judgment in favor of National Union Insurance Company of Pittsburgh, Pa., in an action where the insured sought $10 million in coverage under a D&O policy. The court…more

Corporate Officers, D&O Insurance, Fiduciary Duty, Insurance Litigation, Shareholder Litigation

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A Different Kind of Data Breach—Loss or Disclosure of Company Information by Employee Theft

Data breaches are all over the news, but those stories most often cover high-profile cybersecurity breaches that result from the malicious efforts of hackers or other outsiders. Just as insidious, and more likely to occur, are…more

Best Practices, Confidential Information, Cybersecurity, Data Breach, Former Employee

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Supreme Court Rules Unaccepted Rule 68 Offer of Judgment Cannot Moot Class Action

A divided Supreme Court ruled today in Campbell-Ewald Co. v. Gomez, No. 14-857, that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative class action. The decision settles a reserved question from…more

Campbell Ewald v Gomez, Mootness, Putative Class Actions, Rule 68, SCOTUS

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Second Circuit Seeks Guidance from Delaware on Direct Shareholder Lawsuits for Holding Stock Based on Alleged Misstatements

May former stockholders who allege they were damaged by holding stock of a company, because of fraudulent and negligent misrepresentations about the company’s financial status, sue the company directly versus in a derivative…more

DE Supreme Court, Negligent Misrepresentation, Shareholder Litigation, Standing, Stock Sale Agreements

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What Employers Must Know About Wage and Hour Law

This year, according to a recent Syracuse University study, federal courts are on track to handle a record number of wage-and-hour lawsuits stemming from violations of the Fair Labor Standards Act (FLSA), which establishes…more

DOL, FICA Taxes, FLSA, Independent Contractors, Minimum Wage

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Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What…more

Accounting Fraud, Annuities, Bad Faith, Broker-Dealer, Captive Insurance Company

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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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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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4 Types of IP Your Startup Must Protect

Intellectual Property (IP) is often an early stage venture’s most valuable asset. But who really “owns” the IP a startup uses? In many cases the answer isn’t clear, and problems frequently aren’t identified until an investor or…more

Authorship, Brand, Inventions, Non-Disclosure Agreement, Popular

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Eleventh Circuit Says Merely Acquiring Debt in Default is Not Enough to Qualify As "Debt Collector" Under FDCPA

In Davidson v. Capital One Bank (USA), N.A., the Eleventh Circuit affirmed a district court’s dismissal of an amended complaint against Capital One Bank (USA), N.A. (“Capital One”) for alleged violations of the Fair Debt…more

Amended Complaints, Capital One, Debt, Debt Buyers, Debt Collection

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Stipulations Can Make Trial Easier, But The Devil is in The Details

It is often beneficial to limit the issues at trial to those that are truly disputed and to stipulate to facts that are no longer in dispute. In some cases, for example, liability may be sharply disputed, but the amount of…more

Attorney's Fees, Damages, Stipulations, Trials, Waivers

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Supreme Court Confirms Enforceability of Class Action Waivers

For the second time in four years, the U.S. Supreme Court has overruled a California decision that refused to enforce an arbitration agreement with a class action waiver, holding that the Federal Arbitration Act (FAA) trumps…more

Class Action Arbitration Waivers, DirectTV, Federal Arbitration Act, SCOTUS, Unconscionable Contracts

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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

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Michigan District Court Holds TCPA “Junk Fax” Class Ascertainable, Certifies Class

The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying…more

Class Certification, Motion for Summary Judgment, Putative Class Actions, TCPA, Unsolicited Faxes

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

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Supreme Court Once Again Upholds Class Arbitration Waiver

On June 20, 2013, the United States Supreme Court issued its decision in American Express Co. v. Italian Colors Restaurant, holding that the Federal Arbitration Act (“FAA”) “does not permit courts to invalidate a contractual…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, AT&T Mobility

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California District Court Holds Class Action Alleging Securities Act Claims Not Removable Under SLUSA

The United States District Court for the Northern District of California recently clarified the criteria for removal of a securities class action filed in state court under the Securities Act of 1933, 15 U.S.C. §§ 77a, et seq…more

Class Action, Initial Public Offerings, IPO, Motion to Remand, Securities Act

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Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage foreclosure…more

Bank of America, Countrywide, Discovery, Foreclosure, Mortgages

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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

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The Gift of the Magistrate: An Insured Jeweler Gets a Jury for the Holidays

A jeweler was insured against the “physical loss” of its property, except when the property was sold under a “deferred payment” agreement, or when the loss was caused by a “dishonest act.” The jeweler regularly delivered some…more

Denial of Insurance Coverage, Insurance Industry, Policy Exclusions, Summary Judgment

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

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Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What…more

Accounting Fraud, Annuities, Bad Faith, Broker-Dealer, Captive Insurance Company

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In Flannery v. SEC, First Circuit Rebukes Commission, Signals Departure from Deferential Review

On December 8, 2015, the U.S. Court of Appeals for the First Circuit ruled in Flannery v. SEC that the Securities and Exchange Commission lacked substantial evidence in finding securities law violations by two executives in…more

ALJ, Corporate Counsel, Popular, RMBS, SEC

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Tablet Class Damages Model Doesn’t Tabulate … For Now

The Central District of California denied certification of a class that otherwise met the requirements of Rule 23 because the damages model proposed by plaintiff’s expert did not establish a reliable method for calculating…more

Children's Toys, Class Action, Class Certification, Damages, Rule 23

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Northern District of Illinois Declines To Restrict Defense Counsel’s Communications With Putative Class Members

The Northern District of Illinois refused to restrict a defense counsel’s communications with putative class members, reasoning that the communications were not misleading or coercive. The case arose when a “romantic getaway”…more

Class Action, Putative Class Actions

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In Overhead and Profit Class Actions, The Third Trade’s No Longer The Charm

When repairs to a damaged home reach a certain level of complexity, they call for supervision by a general contractor, who receives a percentage of the actual repair costs as “general contractor’s overhead and profit” or “GCOP.”…more

Contractors, General Contractors, Insurance Litigation, Policy Exclusions, Property Damage

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Expect Focus – International, Summer 2015

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules of…more

Bilateral Investment Treaties, Cross-Border Transactions, Cuba, DOJ, EU

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

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U.S. Pre-Immigration Tax Planning

The U.S. Pre-Immigration Tax Planning brochure provides information on the U.S. Tax Code, income tax, estate and gift tax, and pre-immigration considerations, in addition to real-world examples. There are no adverse…more

Capital Gains, Estate Tax, Foreign Tax Credits, Foreign Taxpayers, Gift Tax

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Timing is Everything: When Is The Right Time To Move To Remand?

It may not always be apparent whether a potential basis for remand is procedural or impacts subject matter jurisdiction. As a recent federal case from Kentucky demonstrates, identifying issues and classifying them early is…more

Diversity Jurisdiction, Objection Procedures, Remand

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4 Reasons Why Companies Can Ask Exempt Employees to Work for 'Free'

The leaked Urban Outfitters memo asking salaried employees to volunteer one or more weekend shifts at an Urban Outfitters fulfillment center to pick, pack and ship merchandise is really no story at all, despite Internet shaming…more

Exempt-Employees, FLSA, Popular, Threshold Requirements, Urban Outfitters

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Close But No Cigar: Fourth Circuit Finds Waiver Where Party Failed to Adequately Press Defense

With regard to preservation of an issue for appeal, how close is close enough? This issue was examined in a recent decision by the Fourth Circuit Court of Appeals in CoreTel Virginia, LLC v. Verizon Virginia, LLC, No. 15-1008,…more

Appeals, Evidence, Pleadings, Statute of Limitations, Verizon

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Bill to Amend Florida’s Unclaimed Property Act Regarding Unclaimed Insurance Benefits Moves to Senate Floor

On January 19, the Florida Senate Banking and Insurance Committee approved a Senate bill (“SB 966”) that would modify Florida’s existing Unclaimed Property Act (the “Act”) requirements regarding unclaimed insurance benefits. The…more

Florida, Insurance Industry, Life Insurance, Pending Legislation, Unclaimed Property

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Florida District Court Affirms Bankruptcy Court Bar Order In Favor Of Former Ds & Os

On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a debtor’s breach of fiduciary duty, corporate waste, and mismanagement claims…more

Bankruptcy Court, Board of Directors, Breach of Duty, Class Action, Commercial Bankruptcy

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Expansion of Fiduciary Duties Will Impact Florida LLCs – Is it Time to Update Your Operating Agreement?

Amendments to the Florida Revised Limited Liability Company Act go into effect on July 1, 2015. It governs all limited liability companies in the state of Florida. Effective July 1, 2015, the Act was amended, in part, to change…more

Fiduciary Duty, Limited Liability Companies, LLC, New Amendments, Operating Agreements

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Closing Gaps? FinCEN Proposes Anti-Money Laundering Rule for Investment Advisers

After more than a decade of delay, the Financial Crimes Enforcement Network (FinCEN) of the Department of Treasury issued a notice of proposed rulemaking that would require registered investment advisers to establish anti-money…more

Anti-Money Laundering, Banking Sector, Banks, BSA/AML, Compliance

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Pennsylvania Federal Court Confirms Arbitration Award In Favor Of Philadelphia Union Soccer Team In Wrongful Termination Suit With Former Coach

A Pennsylvania federal court recently confirmed an arbitrator’s decision in a wrongful termination suit which held in favor of the Philadelphia Union soccer team, finding it did not violate former head coach Piotr Nowak’s…more

Arbitration, Arbitration Awards, Hiring & Firing, Motion to Vacate, Wrongful Termination

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Courts Find Removal Is Not Permitted Under CAFA Where Plaintiff Did Not Plead A Class Action Under Rule 23 Or Comparable State Rule

District Courts continue to shape the boundaries of CAFA jurisdiction in suits that are not pleaded as class actions. For example, the District Court for the Eastern District of Louisiana held that defendants could not…more

CAFA, Class Action, Jurisdiction, Mississippi ex rel. Hood v. AU Optronics, Removal

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Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What…more

Accounting Fraud, Annuities, Bad Faith, Broker-Dealer, Captive Insurance Company

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Be Punctilious, Or You Might Inadvertently Waive A Personal Jurisdiction Objection In Federal Court

May you preserve an objection to personal jurisdiction by including a general denial to the complaint’s allegation in your answer and then moving to dismiss on personal jurisdiction grounds less than three (3) months later?…more

DaimlerChrysler, DaimlerChrysler v Bauman, Discovery, Goodyear, Litigation Strategies

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SEC Provides Long-Awaited Guidance on Fund Distribution and Sub-Accounting Fees

Guidance Update No. 2016-01, published this month by the SEC’s Division of Investment Management, provides extensive guidance concerning the possibility that payments from mutual funds are being used to promote sales of the…more

Fund Distribution, Intermediaries, Investment Company Act of 1940, Mutual Funds, SEC

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Q&A With Carlton Fields' Dave Leonard

Dave Leonard, a shareholder with Carlton Fields, has experience in civil litigation, arbitration and negotiation of disputes. Q: What is the most challenging case you have worked on and what made it…more

Contract Drafting, Contract Interpretation, Expert Testimony, Insurance Industry, Law School

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New Legislation Enacted to Protect the Use of Private Property

In the 2015 session, the Legislature passed and the Governor signed House Bill 383 to address unconstitutional conditions by government agencies on the use of private property in Florida. This expands the existing Bert Harris…more

Conservation, Exactions, Koontz v St John's River Water Management, New Legislation, Private Property

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Florida Court Rejects "Date of Death" Trigger for Escheating Life Insurance Death Benefits Under Florida's Unclaimed Property Act

On August 5, Florida's First District Court of Appeal reversed a ruling issued by Florida's Department of Financial Services ("DFS") that would have triggered an insurer's duty to escheat life insurance benefits under Florida's…more

Death Benefits, Escheat, Life Insurance, Unclaimed Property

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Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 19, 2013

I. FLORIDA STATE CASES – STEFANIE LINCOLN - Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of action…more

Abuse of Process, Condemnation, Malicious Prosecution, RESPA, Title Insurance

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2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida…more

Abortion, Absentee Voting, Accountants, Affordable Housing, Anti-SLAPP

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New Condominium Exemption To The Interstate Land Sales Full Disclosure Act

As we previously reported, a significant amendment to the Interstate Land Sales Full Disclosure Act (ILSA) becomes effective on March 26, 2015. HR2600 adds an exemption from registration for a “condominium unit.” This is a…more

Condominiums, Exemptions, ILSA

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U.S. Pre-Immigration Tax Planning

The U.S. Pre-Immigration Tax Planning brochure provides information on the U.S. Tax Code, income tax, estate and gift tax, and pre-immigration considerations, in addition to real-world examples. There are no adverse…more

Capital Gains, Estate Tax, Foreign Tax Credits, Foreign Taxpayers, Gift Tax

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What’s New In Risk Based Corrective Action In Florida?

Over the last several years, under the direction of Governor Rick Scott, the Florida Department of Environmental Protection (FDEP) has embarked on an aggressive program to streamline regulatory processes across program areas,…more

Contaminated Properties, Corrective Actions, Department of Environmental Protection, Environmental Policies

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Pre-Trial Problems: Don’t Forfeit Your Personal-Jurisdiction Defense

The Seventh Circuit’s decision in German American Financial Advisors & Trust Co. v. Rigsby, No. 15-1612, --- F. App’x ----, 2015 WL 5579751 (7th Cir. Sept. 23, 2015), highlights the preservation pitfall of forfeiting a…more

Litigation Strategies, Motion to Dismiss, Personal Jurisdiction, Summary Judgment

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New Jersey Appellate Court Affirms Ruling That Solvent Insurers Not Responsible For Portions Of Insolvent Insurers

Earlier this month, a New Jersey appellate court affirmed a lower court’s ruling that the insured, not solvent insurers, was responsible for the liability apportioned to policies not covered by New Jersey’s Property Liability…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Liability Insurance, Motion for Reconsideration

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Trial Checklist

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below for…more

Closing Arguments, Depositions, Evidence, Litigation Strategies, Trial Preparation

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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Expect Focus – International, Summer 2015

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules of…more

Bilateral Investment Treaties, Cross-Border Transactions, Cuba, DOJ, EU

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Expect Focus – International, Summer 2015

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules of…more

Bilateral Investment Treaties, Cross-Border Transactions, Cuba, DOJ, EU

See All Updates »

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

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What You Must Know About Florida’s Commercial Mortgage Foreclosure Process

Introduction - Florida is a judicial foreclosure state. Mortgage foreclosures in Florida are “judicial proceedings,” and are governed by Section 45.031, Florida Statutes. Florida’s statutory judicial procedure allows a…more

Commercial Property Owners, Foreclosure, Mortgages

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2016 Federal Spending Bill Will Impact Immigration Programs

The fiscal year 2016 Department of Homeland Security (DHS) Appropriations Bill funds the Government’s immigration provisions, among others, through September 30, 2016. It will saddle many immigration programs with harsh fees and…more

Coast Guard, EB-5, H-1B, H-2B, L-1 Visas

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

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Unsettled Questions Remain Under The SCRA

The Servicemembers Civil Relief Act (SCRA) protects active duty members of the military in civil actions, including foreclosures and collections. Section 533 of the Act applies to persons entering the military after incurring…more

Active Duty, Debt Collection, Default Judgment, Foreclosure, SCRA

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How to Properly Join in a Co-Party’s Brief or Motion to Avoid Waiver Issues

Joining in a co-party’s brief or motion can be cost effective, but the careful litigator should make sure to explain to the court how the other party’s arguments apply to your client. Failure to do so may result in waiver, as a…more

Federal Rules of Appellate Procedure, Litigation Strategies, Waivers

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Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What…more

Accounting Fraud, Annuities, Bad Faith, Broker-Dealer, Captive Insurance Company

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California Employment Law and Arbitration: The Battle Intensifies

Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail…more

Arbitration, AT&T Mobility, AT&T Mobility v Concepcion, CA Supreme Court, Class Action

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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 »

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

See All Updates »

Supreme Court Confirms Enforceability of Class Action Waivers

For the second time in four years, the U.S. Supreme Court has overruled a California decision that refused to enforce an arbitration agreement with a class action waiver, holding that the Federal Arbitration Act (FAA) trumps…more

Class Action Arbitration Waivers, DirectTV, Federal Arbitration Act, SCOTUS, Unconscionable Contracts

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Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage foreclosure…more

Bank of America, Countrywide, Discovery, Foreclosure, Mortgages

See All Updates »

Dealmakers Q&A: Carlton Fields' Greg Null

W. Gregory Null, shareholder in the Atlanta office of Carlton Fields Jorden Burt LLP and chairman of the firm’s commercial finance industry group, has extensive experience in representing institutions and entrepreneurs in the…more

Commercial Leases, Finance Lease Contract, Financing, Real Estate Development, Real Estate Investments

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New Department of Justice Memo to Increase Prosecutions of White Collar Executives and Other Employees

New policy changes implemented by the Department of Justice have potentially significant implications for companies and individuals facing DOJ investigations. The new policy may create additional obstacles for companies…more

C-Suite Executives, Corporate Governance, Criminal Investigations, DOJ, Investigations

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

See All Updates »

How To Use Electronic Media To Access Accredited Investors Under The New SEC Rules

Effective September 23, 2013, pursuant to new SEC Rule 506(c), issuers of securities are allowed to reach “accredited investors” through general solicitation as long as they take adequate precautions to a) limit the offering to…more

Accredited Investors, Advertising, General Solicitation, JOBS Act, Marketing

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Domestic Partnership Agreements: FAQs

How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage contracts…more

Domestic Partnership, DPA, Florida, Healthcare Surrogates, Living Will

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New Department of Justice Memo to Increase Prosecutions of White Collar Executives and Other Employees

New policy changes implemented by the Department of Justice have potentially significant implications for companies and individuals facing DOJ investigations. The new policy may create additional obstacles for companies…more

C-Suite Executives, Corporate Governance, Criminal Investigations, DOJ, Investigations

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 »

Don’t Tip Just Yet: Uber Taxi Class Gets Limited Certification

A federal judge in San Francisco recently certified a limited class in a lawsuit against Uber under the California Unfair Competition Law (UCL) and the California Consumers Legal Remedies Act (CLRA). The plaintiff sought to…more

Class Certification, Corporate Counsel, Mobile Apps, Rule 23, Sharing Economy

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Waiver By Confusion: When There Is a Split of Authority, Do You Know Where Your Court Stands?

Recognizing splits of authority and knowing where your court stands on the issue can be critical to avoid waiver. Lawson v. Sun Microsystems, Inc., 791 F.3d 754 (7th Cir. 2015), cert. denied, 84 USLW 3130 (U.S. 2016),…more

Litigation Strategies, Motion for Summary Judgment, Rule 50, Trial Practice Guidance, Waivers

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New Department of Justice Memo to Increase Prosecutions of White Collar Executives and Other Employees

New policy changes implemented by the Department of Justice have potentially significant implications for companies and individuals facing DOJ investigations. The new policy may create additional obstacles for companies…more

C-Suite Executives, Corporate Governance, Criminal Investigations, DOJ, Investigations

See All Updates »

Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What…more

Accounting Fraud, Annuities, Bad Faith, Broker-Dealer, Captive Insurance Company

See All Updates »

Second Circuit Upholds Arbitration Agreement Absent Employee’s Signature

The United States Court of Appeals for the Second Circuit issued a summary order affirming a decision by the district court for the district of Connecticut compelling arbitration pursuant to an employee handbook’s mandatory…more

Appeals, Arbitration, Employee Handbooks, Motion to Compel

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Life Insurer Prevails in First Circuit Appeal in ERISA Class Action Challenging Retained Asset Accounts

In a unanimous panel decision, the U.S. Court of Appeals for the First Circuit reversed a trial court’s ruling that the defendant, Unum Life Insurance Company of America (Unum), had breached fiduciary duties under the Employee…more

Class Action, ERISA, Life Insurance, Retained Asset Accounts

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A Kickstart to Business: Florida Joins Other States in Passing Intrastate Crowdfunding Exemption

The local charitable campaign that raised funds for new team uniforms is moving to the boardroom as Florida joins more than 20 other states that have passed legislation or enacted regulations permitting some form of intrastate…more

Crowdfunding, Financial Institutions, Florida, Internet, Investment

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eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

See All Updates »

Florida Appellate Court Finds Widow Could Independently Bring FCRA Discrimination Claim After Her Husband’s Death

On January 20, a Florida appellate court held that a personal representative can initiate a Florida Civil Rights Act (FCRA) complaint alleging discrimination on behalf of the deceased former employee. In Cimino v. American…more

American Airlines, Discrimination, Personal Representatives, Standing, Termination

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Treasury And IRS Provide Guidance For Same-Sex Married Couples - What Same-Sex Couples Need To Know

The IRS and the U.S. Department of the Treasury announced on August 29, 2013, that same-sex couples who validly enter into a marriage in a jurisdiction whose laws authorize the marriage of two individuals of the same sex will be…more

DOMA, Employee Benefits, IRS, Marriage, Same-Sex Marriage

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

See All Updates »

In Construction Disputes, Tell the Story

Construction disputes are inherently complex. They involve numerous facts that are usually highly technical and beyond the understanding of lay persons. These cases typically draw in multiple parties and require extensive expert…more

Construction Disputes, Litigation Strategies

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Food for Thought: Court Denies Food Manufacturer's Preemption Arguments

In McMahon v. Bumble Bee Foods, LLC, No. 14-cv-03346 (N.D. Ill. 2015), the plaintiff claimed that Bumble Bee engaged in deceptive conduct when it sold various seafood products with labels that indicated they were an “excellent…more

Food Labeling, Food Manufacturers, Food Marketing, Unfair or Deceptive Trade Practices, Unjust Enrichment

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Coverage for Direct Physical Loss Does Not Necessarily Include “Matching” or Require “Aesthetic Uniformity”

When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question regarding the extent to which undamaged property should be replaced to ensure…more

Denial of Benefits, Insurance Industry, Property Damage, Property Insurance, Summary Judgment

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

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate…more

Automotive Loans, CFTC, Class Action, Consumer Complaint System, Data Breach

See All Updates »

Seventh Circuit Weighs In On One-Way Intervention

Does plaintiff’s contemporaneous filing of a motion for summary judgment and a motion for class certification violate the rule against one-way intervention? In Costello, plaintiff filed his motions for summary judgment and class…more

Class Certification, Judgment on the Merits, Motion for Summary Judgment, Young Lawyers

See All Updates »

AAA/ICDR Adopts New Optional Appellate Arbitration Rules

In a move that is bound to revolutionize both domestic and international arbitration, the American Arbitration Association ("AAA"), including its international arm, the International Centre for Dispute Resolution ("ICDR"), has…more

Arbitration, International Arbitration

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Food for Thought: Mirabella v. Vital Pharmaceuticals, Inc.

In Mirabella v. Vital Pharmaceuticals, Inc., consumers sued the manufacturer of Redline Xtreme Energy Drink, alleging that the manufacturer concealed the dangerous side effects of the energy drink. Plaintiffs requested relief…more

Ascertainable Class, FDUTPA, Labeling, Manufacturers, Pharmaceutical Industry

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Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party contractor’s…more

Construction Contracts, Construction Industry, Construction Workers, Contractors, Subcontractors

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Don’t Let The Two Issue Rule Send Your Appeal Down the Drain

There are several preservation pitfalls to be mindful of when drafting the verdict form. One such issue is whether and how to avoid the "two-issue rule." As commonly found in most jurisdictions, the two-issue rule states that…more

Appeals, Litigation Strategies, Young Lawyers

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No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action

Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates…more

Actual Injuries, Class Action, Corporate Counsel, Data Breach, Dismissals

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U.S. Pre-Immigration Tax Planning

The U.S. Pre-Immigration Tax Planning brochure provides information on the U.S. Tax Code, income tax, estate and gift tax, and pre-immigration considerations, in addition to real-world examples. There are no adverse…more

Capital Gains, Estate Tax, Foreign Tax Credits, Foreign Taxpayers, Gift Tax

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Congress Considers Changes to FCRA to Expand Consumer Credit Files and Limit Use of Credit Reports for Employment Decisions

Two bills amending the Fair Credit Reporting Act (FCRA) intended to benefit consumers are making their way through Congress. H.R. 4172, "The Credit Access and Inclusion Act of 2015," has bipartisan support, although it is…more

Credit History, Credit Reporting Agencies, Employee Credit Checks, FCRA, Pending Legislation

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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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

See All Updates »

Q&A With Carlton Fields' Brian Rosner

Brian Rosner is a shareholder in Carlton Fields' New York office. Q: What is the most challenging case you have worked on and what made it challenging? Originally Published in Law360, New York - April 29, 2013…more

Billing, Litigation Strategies, Securities Fraud

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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

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Delaware Supreme Court Rejects Presumption of Disloyalty for Independent Directors

Public companies incorporated in Delaware frequently adopt a charter provision, pursuant to 8 Del. C. § 102(b)(7), that insulates their directors from monetary damages for breaches of the fiduciary duty of care. Those…more

Breach of Duty, Controlling Stockholders, Delaware General Corporation Law, Derivatives, Exculpatory Clauses

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Third Circuit Decides that “Publication” Doesn’t Include the Collection of Customer Data

On September 15, 2015, the Third Circuit Court of Appeals declared that Lamorak Insurance Company (formerly OneBeacon America Insurance Company) and the Hanover Insurance Group don’t have to defend their insureds, Urban…more

Anthropologie, Commercial General Liability Policies, CT Supreme Court, Debit and Credit Card Transactions, Declaratory Judgments

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Domestic Partnership Agreements: FAQs

How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage contracts…more

Domestic Partnership, DPA, Florida, Healthcare Surrogates, Living Will

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A Pleading Malfunction Dooms Malfunction Theory

White v. Mazda Motor of Am., Inc., 313 Conn. 610 (2014) - This case illustrates the importance of sufficiently pleading claims and defenses, and moving for leave to amend the pleadings if there is some question or doubt…more

Defense Strategies, Mazda, Pleading Standards, Pleadings

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Alternative Fee Arrangements

Clients and law firms sometimes talk about "Alternative Fee Arrangements" (or "AFAs") without understanding what they entail. Best understood, the term describes any arrangement other than payment based purely on hourly billing…more

Alternative Fee Arrangements, Billing, Budgets, Fixed-Fee, Young Lawyers

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FinCEN’s Expanding Application of the Bank Secrecy Act and Anti-Money Laundering Regulations

The Financial Crimes Enforcement Network (FinCEN) is again flexing its regulatory muscles by increasing the breadth and scope of the types of entities regulated by the Bank Secrecy Act (BSA). Among other things, the BSA requires…more

Anti-Money Laundering, Bank Secrecy Act, Financial Institutions, FinCEN, Investment Adviser

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Personal Injury: Defendants May Conduct Multiple Independent Medical Examinations With Good Cause

Gomez v. Rendon, No. 3D12-1105, 2013 WL 1316439 (Fla. 3d DCA April 3, 2013) - When a personal injury plaintiff’s physical condition is in controversy, and it changes substantially after the defendant conducts an…more

Medical Examinations, Medical Records, Notice for Independent Medical Exam

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10 Tips for Minimizing Company Liability for Terminating Employees who Steal Trade Secrets

When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can you…more

COBRA, Compliance, Computer Fraud and Abuse Act, Employer Liability Issues, Employment Policies

See All Updates »

FTC's Big Data Report Provides Road Map for Insurers Using Big Data

On January 6, the Federal Trade Commission ("FTC") released a report entitled "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues" ("Report") that follows the FTC's September 15, 2014 workshop on "the…more

Big Data, Discrimination, FCRA, FTC, Insurance Industry

See All Updates »

Companies, Through Best Practices, Can Help Keep Cyber Insurance Prices Reasonable

In speaking to a cybersecurity conference in 2012, then FBI Director Robert Mueller told attendees that there are only two types of companies: those that have been hacked and those that will be. Sadly, with each passing day,…more

Best Practices, Cyber Insurance, Cybersecurity, Insurance Industry, Price Transparency

See All Updates »

Seventh Circuit Weighs In On One-Way Intervention

Does plaintiff’s contemporaneous filing of a motion for summary judgment and a motion for class certification violate the rule against one-way intervention? In Costello, plaintiff filed his motions for summary judgment and class…more

Class Certification, Judgment on the Merits, Motion for Summary Judgment, Young Lawyers

See All Updates »

Companies, Through Best Practices, Can Help Keep Cyber Insurance Prices Reasonable

In speaking to a cybersecurity conference in 2012, then FBI Director Robert Mueller told attendees that there are only two types of companies: those that have been hacked and those that will be. Sadly, with each passing day,…more

Best Practices, Cyber Insurance, Cybersecurity, Insurance Industry, Price Transparency

See All Updates »

IRS Targets Captive Insurance Companies Owned by Closely-Held and Middle Market Companies

In February 2015, the IRS added certain small or “micro” captive insurance companies to its “Dirty Dozen” list of abusive tax scams for the 2015 filing season. In response to what it sees as an abuse involving a legitimate…more

Captive Insurance Company, Insurance Industry, Internal Revenue Code (IRC), IRS, Tax Scams

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New Condominium Exemption To The Interstate Land Sales Full Disclosure Act

As we previously reported, a significant amendment to the Interstate Land Sales Full Disclosure Act (ILSA) becomes effective on March 26, 2015. HR2600 adds an exemption from registration for a “condominium unit.” This is a…more

Condominiums, Exemptions, ILSA

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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

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Pre-Trial Problems: Don’t Forfeit Your Personal-Jurisdiction Defense

The Seventh Circuit’s decision in German American Financial Advisors & Trust Co. v. Rigsby, No. 15-1612, --- F. App’x ----, 2015 WL 5579751 (7th Cir. Sept. 23, 2015), highlights the preservation pitfall of forfeiting a…more

Litigation Strategies, Motion to Dismiss, Personal Jurisdiction, Summary Judgment

See All Updates »

Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a mortgage foreclosure…more

Bank of America, Countrywide, Discovery, Foreclosure, Mortgages

See All Updates »

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

See All Updates »

Employment and Labor Law Road Map for Employers Entering the U.S. Market

Foreign companies and investors that enter the U.S. market will be governed by numerous state and federal labor and employment laws. When opening a business in the United States, it is therefore critical to work with experienced…more

Compensation & Benefits, Employer Liability Issues, Employer Mandates, Employment Policies, FLSA

See All Updates »

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

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate…more

Automotive Loans, CFTC, Class Action, Consumer Complaint System, Data Breach

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

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 »

Keep This Between Us—and the Government: Confidentiality of Witness Interviews in Corporate Internal Investigations

Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor agreements…more

Collective Bargaining, Corporate Investigations, Internal Investigations, NLRB, Popular

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No Party for IRS: Court Certifies Class of Conservative Nonprofits

If you thought that the political controversy over alleged IRS targeting of Tea Party organizations was confined to the media, think again – the issue has reached the courts. The Southern District of Ohio recently granted class…more

501(c)(3), 501(c)(4), Class Certification, IRS, Political Affiliation

See All Updates »

CFPB Issues Statement Following Reports of Widespread Student Loan Servicing Failures

The Consumer Financial Protection Bureau (CFPB) recently focused its attention on the student loan industry following alleged widespread servicing failures reported by borrowers and found by the CFPB's examinations and…more

Borrowers, CFPB, Consumer Financial Products, Consumer Lenders, Debt

See All Updates »

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable…more

401k, Administrative Proceedings, Big Data, Bitcoin, BSA/AML

See All Updates »

Eleventh Circuit Reverses District Court on Application of Noneconomic Damages Cap

Yesterday, the Eleventh Circuit issued an order in Estate of McCall v. USA reversing the district court’s order applying the noneconomic damages cap. The Eleventh Circuit remanded the case for further proceedings consistent with…more

Damage Caps, Tort Claims Act, Wrongful Death

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Cut! Eighth Circuit Excludes Non-Board Member from CGL Coverage for “Directors”

Directors and Officers liability policies are typically precise in defining the job descriptions of the individuals to whom they offer coverage. Recently, in United Fire & Cas. Ins. Co. v. Thompson, No. 13-2352 (8th Cir. July…more

Board of Directors, Commercial General Liability Policies, Directors

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Close But No Cigar: Fourth Circuit Finds Waiver Where Party Failed to Adequately Press Defense

With regard to preservation of an issue for appeal, how close is close enough? This issue was examined in a recent decision by the Fourth Circuit Court of Appeals in CoreTel Virginia, LLC v. Verizon Virginia, LLC, No. 15-1008,…more

Appeals, Evidence, Pleadings, Statute of Limitations, Verizon

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Governor Signs Priority Legislation Amending Florida's Ethics Regulation & Campaign Finance Laws

Without waiting for the last days of the 2013 Legislative Session, the Florida House and Senate sent two bills to Governor Rick Scott concerning changes to Florida’s Campaign Finance laws and its Code of Ethics for Public…more

Campaign Finance Reform, Ethics, New Legislation

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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 »

After Pit Bull Case, Questions Dog New York’s “Unfortunate Event” Test

Where an insurance policy contains a “per occurrence” limit on coverage, New York courts apply what they call the “unfortunate event” test to determine how many “occurrences” are involved in a given claim or set of claims. The…more

Bodily Injury, Homeowner's Insurance, Insurance Claims, Insurance Industry, Liberty Mutual Insurance Company

See All Updates »

Supreme Court’s Amgen Order Confirms That Fifth Third Bancorp’s ERISA Stock-Drop Pleading Standard Has Teeth

In a recent per curiam order granting the plan fiduciaries’ petition for certiorari and reversing the Ninth Circuit, the United States Supreme Court made clear that it expects lower courts to faithfully apply the pleading…more

Amgen, Certiorari, Class Action, ERISA, Fiduciary Duty

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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

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The Reply Brief: Turning "Getting the Last Word" into "Getting the Win"

When you are the appellant, you always have the burden of persuasion in seeking a reversal. Even on a de novo review, you are starting at least a step behind, psychologically. A reply brief may be the last word and the last…more

Appeals, Litigation Strategies

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Don’t Let The Two Issue Rule Send Your Appeal Down the Drain

There are several preservation pitfalls to be mindful of when drafting the verdict form. One such issue is whether and how to avoid the "two-issue rule." As commonly found in most jurisdictions, the two-issue rule states that…more

Appeals, Litigation Strategies, Young Lawyers

See All Updates »

Florida State Court Holds Pizzerias Liable Under TCPA for Third-Party Fax Blasts

Based on the Eleventh Circuit's 2015 decision in Sarris v. Palm Beach Golf Ctr. Boca, Inc, a Florida state appellate court has held that using a third-party company to send unauthorized fax ads will not protect the company whose…more

FCC, TCPA, Telemarketing, Third-Party Relationships, Unsolicited Faxes

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Q&A With Carlton Fields' Jim Walker

James Walker IV is a shareholder in Carlton Fields Jorden Burt PA's Atlanta office and co-chairman of the firm’s technology industry group. His practice is focused on representing companies and investment funds in complex…more

Acquisitions, Capital Markets, Divestiture, Joint Venture

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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

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Extensive Changes to the Federal Rules of Civil Procedure

Several significant amendments to the Federal Rules of Civil Procedure took effect Tuesday. They are probably the most wide-ranging set of changes to the rules in more than 20 years. Here are the key changes... Originally…more

Discovery, Document Requests, Electronically Stored Information, Federal Rules of Civil Procedure, Trial Preparation

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Second Circuit Refuses To Vacate FINRA Award As A Manifest Disregard Of The Law

Raymond James had initiated a FINRA arbitration because Singh, a financial advisor who was a registered representative of Raymond James, had refused to indemnify Raymond James pursuant to the terms of their agreement. Following…more

Arbitration, Arbitration Awards, Financial Adviser, FINRA, Motion to Vacate

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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 »

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 »

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in this…more

Class Action, Class Certification, Corporate Counsel, Litigation Strategies, Outside Counsel

See All Updates »

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

AIG, ALJ, Auto Body Shop, Bailout, Banking Sector

See All Updates »

Limits of Ascertainability Reached in Class Allegations Against Equifax

Plaintiff, hoping to recover from Equifax for issuing a credit report with “incorrect and damaging information,” sought to represent a class of “all persons who disputed an Equifax credit report and where Equifax failed to apply…more

Ascertainable Class, Class Action, Credit Reporting Agencies, Credit Reports, Equifax

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Two Key Insurance Considerations For Startups

Startups have numerous and different insurance needs and will face many challenges as new businesses, but by considering whether general liability and key person insurance are appropriate products they will likely be better…more

Business Formation, Entrepreneurs, Legal Perspectives, Liability Insurance, Popular

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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, ILL Supreme Court, Innocent Insured, Law Firm Partners, Malpractice Insurance

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Florida Court Recognizes Need To Show Prejudice To Establish Defense Of Failure Of Conditions Precedent Under Paragraph 22 Of The Mortgage

As part of its defense at trial in a foreclosure action, the defendants asserted that the plaintiff bank failed to satisfy the condition precedent of providing notice and an opportunity to cure before filing its complaint, as…more

Bank of New York (BNY) Mellon, Breach of Contract, Final Judgment, Foreclosure, Mortgages

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Uber’s Attempt To Compel Class Arbitration Rejected Due To Unconscionability Of Arbitration Agreement

The court held that a number of the provisions in the subject arbitration agreements were unconscionable, including a delegation clause providing that disputes involving the arbitration agreement be decided in arbitration. The…more

Class Action Arbitration Waivers, Fee-Splitting, NLRA, PAGA, Uber

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State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO…more

Arbitration, Arbitration Awards, Federal Arbitration Act, India, International Arbitration

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BP Settlement Claim

After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast Region,…more

BP, Class Action, Eligibility, Gulf Oil Spill, Settlement

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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

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SEC Provides Long-Awaited Guidance on Fund Distribution and Sub-Accounting Fees

Guidance Update No. 2016-01, published this month by the SEC’s Division of Investment Management, provides extensive guidance concerning the possibility that payments from mutual funds are being used to promote sales of the…more

Fund Distribution, Intermediaries, Investment Company Act of 1940, Mutual Funds, SEC

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Lines Drawn In Tesla Direct Sales Battle

Elon Musk's battle to sell Teslas directly to consumers continues. In the last five months, the governors and legislatures of Pennsylvania and New Jersey and, now, even the White House, have taken stands on whether or not Tesla…more

Auto Manufacturers, Automotive Industry, Car Dealerships, Elon Musk, New Legislation

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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 »

Contact

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