Carlton Fields

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

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California Court Applies Strict Scrutiny to Reject Uber Class Settlement

A Northern District of California judge refused to preliminarily approve a class settlement of Uber customers who used its “Rideshare Services” in which Uber would have paid class members $28.5 million. The court was concerned…more

Class Action, Settlement, Sharing Economy, Transportation Industry, Uber

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

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

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

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Legalizing the Appellate Introduction

In polite society, it is rude not to introduce yourself, but if you are writing a brief to a Florida appellate court, the issue is complicated. The rule describing the required content of a brief does not describe an…more

Appellate Briefs, Appellate Rules, Florida, Legal Writing, Litigation Strategies

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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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AML Update: The NYDFS’s New Anti-Money Laundering Regulation and its Annual Compliance Certification Requirement

This summer, one of the nation’s top state regulators for finance announced a major new AML regulation, providing a critical hook for regulatory liability for companies that lack effective anti-money laundering controls. An…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, BSA/AML, Certification Requirements

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Two Reasons Two Fellows from Fargo Could Facilitate Financial Fraud

For most Americans, the term "money laundering" conjures an image of boxes of currency flown to the United States via seaplane—or former dictators paying cash for multimillion-dollar homes in swanky communities. Virtually no one…more

Automated Clearing House (ACH), Banking Sector, Banks, BSA/AML, CFPB

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New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

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CMS Extends and Expands Freezes on New Home Health Agencies in Four States

The Centers for Medicare and Medicaid Services (CMS) announced that, effective July 29, it extended and expanded temporary six-month moratoria on the enrollment of new Home Health Agencies (HHAs) statewide in Florida, Illinois,…more

CHIP, CMS, Federal Register, Health Care Providers, Home Health Agencies

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For Excess Liability Insurers, Consent-to-Settle Clauses Still Count

When a liability insurer defends its insured under a reservation, recent decisions limit the insurer’s right to enforce a policy’s consent-to-settle clause. But can the reservation affect the rights of an excess carrier? And…more

Class Action, Consent Agreements, Insurance Industry, Insurance Litigation, Liability Insurance

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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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Federal Court Issues $1 Million Contempt Award for Repeated Cell Phone Unlocking Misconduct

On March 18, United States District Judge Ursula Ungaro of the United States District Court for the Southern District of Florida entered an order against a Hong Kong-based company that was improperly distributing prohibited…more

Cell Phones, Contempt, Final Judgment, Hackers, Permanent Injunctions

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Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect Focus International – August 2016)

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor …more

Argentina, Authentication, Brazil, Commercial Insurance Policies, Community Trademark

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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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UK’s FCA Weighs in on Insurers’ Use of Big Data

On September 21, the United Kingdom's financial regulator, the Financial Conduct Authority (FCA), released a "Feedback Statement" after completing a review of insurance industry responses to its November 2015 "Call for Inputs"…more

Big Data, Data Protection, Financial Conduct Authority (FCA), Financial Services Industry, Insurance Claims

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Brazilian Voluntary Disclosure Program: The Cost of The Medicine for Contaminated Funds

On January 14, a voluntary disclosure program, the Special Regime for Foreign Exchange and Tax Regularization (RERCT), was enacted in Brazil. It gives Brazilian residents an opportunity to voluntarily disclose unreported funds…more

Brazil, Common Reporting Standard (CRS), Disclosure Requirements, FATCA, New Legislation

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Does Your Expert Challenge Quack Like an Untimely Daubert Motion?

In Frigaliment Importing Co. v. BNS Int’l Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960), Judge Friendly famously asked “What is chicken?” A case decided last year raises the question, “What is a Daubert motion?”…more

Daubert Standards, Evidence, Expert Testimony, Expert Witness, Litigation Strategies

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UK’s FCA Weighs in on Insurers’ Use of Big Data

On September 21, the United Kingdom's financial regulator, the Financial Conduct Authority (FCA), released a "Feedback Statement" after completing a review of insurance industry responses to its November 2015 "Call for Inputs"…more

Big Data, Data Protection, Financial Conduct Authority (FCA), Financial Services Industry, Insurance Claims

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What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed…more

Banking Sector, CISO, Cybersecurity, Data Protection, Encryption

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Real Property & Title Insurance Update: Week Ending March 25, 2016

REAL PROPERTY UPDATE - - Ad Valorem Taxation: lessee holding 99-year leasehold interest in unimproved land owned by government entity is not “equitable owner” and thus not liable for ad valorem property taxes pursuant to…more

Ad Valorem Tax, Deutsche Bank, E&O Insurance, Fidelity National Title Insurance Company, Foreclosure

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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

See All Updates »

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

See All Updates »

2015 Food Industry Decisions With Bite

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

Ascertainable Class, CAFA, Chobani Inc, Class Action, Class Certification

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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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DOL Raised The Bar: Final White Collar Overtime Exemption Rule Doubles Salary Threshold - New rule is expected to change the exemption status of 4.2 million employees

The U.S. Department of Labor has unveiled the long-anticipated final version of its “white collar” overtime exemption rule, which becomes effective December 1, 2016. The final rule raises the minimum salary threshold required…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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Court Finds that False Claims Act Suit Alleges Uninsurable “Willful Acts”

A federal court has ruled that a whistleblower suit under California’s False Claims Act alleged a “willful act” that cannot be covered by liability insurance. In Office Depot Inc. v. AIG Specialty Insurance Company, Case…more

AIG, Commercial General Liability Policies, Denial of Insurance Coverage, Insurance Industry, Office Depot

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New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

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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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Securities Fraud Update: Eleventh Circuit Clarifies Section 17(a) and Rule 10b-5 Analyses

S.E.C. v. Radius Capital Corp., No. 15-12004, 2016 WL 3542235, ___ F. App’x ___ (11th Cir. June 29, 2016). The Eleventh Circuit last month explained the material similarities and differences between two kinds of securities…more

Federal Housing Administration (FHA), Financial Markets, Financial Sector, Ginnie Mae, Misrepresentation

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New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

See All Updates »

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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Greed is Not Good: The Personal Profit Exclusion

As this blog has frequently discussed, many limitations and exclusions in liability policies address “moral hazard” situations by declining to provide insurance for bad behavior. One such exclusion is the “personal profit…more

D&O Insurance, Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Liability Insurance

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Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

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A Plague O’ Both Your Clauses: Insurance Probably Won’t Cover Businesses Stung By Zika

During the past several months, Zika virus has rapidly spread across Latin America and into the United States. While Congressional action has stalled, the Centers for Disease Control and Prevention (CDC) has issued a number of…more

Business Income, Business Interruption, CDC, Commercial General Liability Policies, Employer Liability Issues

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District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class…more

Advertising, ATDS, Class Action, Faxes, Motion To Strike

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Using Independent Sales Representatives to do Business in the United States

Domestic and foreign manufacturers and suppliers that sell their products at wholesale in the United States may benefit from contracting with local independent sales representatives in the United States to help promote sales of…more

Contract Renewal, Contract Termination, Foreign Corporations, Forum Selection, Manufacturers

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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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Heal Thyself: Insider Threats to Heed, Especially for Industries with Large Amounts of Personal Information

A recent study by the Ponemon Institute found that insider threats due to malicious or negligent employees are the leading cause of private-sector cybersecurity incidents. Of the over 600 information security professionals…more

Cyber Threats, Cybersecurity, Data Breach, Data Protection, Educational Institutions

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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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Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both…more

Department of Environmental Protection, Discharge of Pollutants, Emergency Rule, Environmental Policies, Florida

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Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the…more

Appeals, Confidential Communications, Discovery, Evidence, False Statements

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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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What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed…more

Banking Sector, CISO, Cybersecurity, Data Protection, Encryption

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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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Cyber Update: What Businesses Must Know about the New Presidential Policy Directive

Last month the White House disclosed how the federal government will coordinate incident response activities in the event of a large-scale cyber incident. While the policy directive is worth reading in its entirety, this update…more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cyber Threats, Cybersecurity

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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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Don’t Rest on Your Laurels: The Importance of Adapting Objections to Changed Circumstances

Without a crystal ball, trial lawyers can make objections only on the basis of what has occurred or what they reasonably expect might occur based on the facts and circumstances existing at the time. Litigation, however is a…more

Litigation Strategies, Motion To Strike, Objection Procedures, Standing Objections, Young Lawyers

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New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

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Be Wary About A Trial Court's Assurances of Preservation

Imagine a trial judge is trying to move things along at a charge conference. An issue arises, trial counsel begins to voice objections, and the judge short-circuits the discussion by saying, “Your rights are saved on the issue.”…more

Evidence, Litigation Strategies, Objections, Preservation of Rights, Young Lawyers

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Real Property & Title Insurance Update: Week Ending September 16, 2016

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if…more

Arbitration, Class Action, Fidelity National Title Insurance Company, Insurance Industry, Liens

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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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New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

See All Updates »

Considerations for Your Company’s Website Accessibility Policy

We previously discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses and, if so, the specific requirements that would apply. We noted that even if…more

ADA, Information Technology, Information Technology Outsourcing, Policies and Procedures, Website Accessibility

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2015 Food Industry Decisions With Bite

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

Ascertainable Class, CAFA, Chobani Inc, Class Action, Class Certification

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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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Reliance Liquidation Court Approves Application For Direct Payments From Reliance’s Reinsurers To Certain Insureds

Recently, there have been several developments in the ongoing liquidation of Reliance Insurance Company. The liquidation court recently approved the application for the assumption by one of Reliance’s reinsurers, EFH Vermont…more

Corporate Dissolution, Insurance Industry, Liquidation, Reinsurance

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Proposed Rule Changes to Florida’s Affordable Housing Allocation and Funding Process

The Florida Housing Finance Corporation (“Florida Housing”) has proposed changes to its rules governing the affordable housing allocation and funding process. The changes are to Rule Chapters 67-21, 67-48, and 67-60, F.A.C…more

Affordable Housing, Allocation of Funds, Bonds, Building Codes, Community Development

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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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Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is…more

Breach of Contract, Commercial General Liability Policies, Condominiums, Construction Contracts, Construction Defects

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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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IRS Revokes Ruling That Imposed Excise Tax On Wholly Foreign Reinsurance Transactions

The Internal Revenue Service recently revoked a 2008 ruling that a 1% excise tax under section 4371(3) of the Internal Revenue Code applied to “reinsurance premiums paid by one foreign insurer or reinsurer to another.” The IRS’s…more

Excise Tax, Foreign Insurance Companies, Insurance Industry, Internal Revenue Code (IRC), IRS

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Securities Fraud Update: Eleventh Circuit Clarifies Section 17(a) and Rule 10b-5 Analyses

S.E.C. v. Radius Capital Corp., No. 15-12004, 2016 WL 3542235, ___ F. App’x ___ (11th Cir. June 29, 2016). The Eleventh Circuit last month explained the material similarities and differences between two kinds of securities…more

Federal Housing Administration (FHA), Financial Markets, Financial Sector, Ginnie Mae, Misrepresentation

See All Updates »

Real Property & Title Insurance Update: Week Ending September 16, 2016

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if…more

Arbitration, Class Action, Fidelity National Title Insurance Company, Insurance Industry, Liens

See All Updates »

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect Focus International – August 2016)

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor …more

Argentina, Authentication, Brazil, Commercial Insurance Policies, Community Trademark

See All Updates »

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

See All Updates »

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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Colorado Takes A Stand Against Unauthorized Settlements

The “notice-prejudice” rule gives a pass to policyholders who breach the notice or cooperation provisions of their policies, if the breach is found not to have prejudiced the insurer. Sometimes, the late notice does not arrive…more

Breach of Contract, CO Supreme Court, Insurance Industry, No-Voluntary-Payments Clause, Notice Prejudice Rule

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Illinois District Court Holds CAFA and Diversity Both Provide Federal Jurisdiction Over Class Actions

The Southern District of Illinois recently confirmed that traditional diversity jurisdiction and jurisdiction under the Class Act Fairness Act (CAFA) provide two separate means of obtaining federal jurisdiction over class action…more

CAFA, Class Action, Diversity Jurisdiction, Federal Jurisdiction, Jurisdiction

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Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

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None Of Your Business: Eleventh Circuit Enters A Gray Area For Contract Liability Exclusions

Businesses have responsibilities; they buy liability insurance to cover losses that arise if they fail to perform them all. Businesses also “assume” responsibilities under contracts; those responsibilities are typically…more

Blue Cross, Breach of Contract, Commercial General Liability Policies, Corporate Counsel, Insurance Industry

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A Former Appellate Court Judge Offers Tips to Trial Attorneys

While trial attorneys know they must preserve issues they wish to raise on appeal, they often overlook the basic steps required to help ensure appellate review. During more than 27 years on the bench, former Florida appellate…more

Appeals, Evidence, Litigation Strategies, Objection Procedures, Objections

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Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

See All Updates »

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

See All Updates »

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect Focus International – August 2016)

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor …more

Argentina, Authentication, Brazil, Commercial Insurance Policies, Community Trademark

See All Updates »

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

See All Updates »

Treaty Tip: Is it an Insurance Policy or a Reinsurance Agreement?

Whether a risk shifting agreement is an insurance policy or a reinsurance agreement may have important consequences. For example, many states prohibit the mandatory arbitration of disputes arising out of insurance policies,…more

Arbitration, Contract Terms, Insurance Industry, Mandatory Arbitration Clauses, Reinsurance

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Biting The Hand That Fed Them – And Winning

Choice of law is frequently a prominent – and sometimes a pivotal – factor in a court’s analysis of whether to grant or deny certification of a nationwide or multi-state class. Whether a federal court may apply one state’s…more

Class Action, Class Certification, Predominance Requirement, Rule 23(b)(3)

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A Model Preservation Test for Race-Based Peremptory Challenges

Preserving error during voir dire can be tricky. In jurisdictions like Florida, certain steps must be taken to preserve objections, including those related to pretextual peremptory challenges. On March 18, Florida’s Second…more

Jurisdiction, Jury Selection, Jury Trial, Litigation Strategies, Objection Procedures

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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 »

Adding to Circuit Split, Divided Ninth Circuit Finds Concerted Action Waiver in Ernst & Young’s Employment Agreement Unenforceable Under NLRA

Ernst & Young’s (“E&Y”) employment agreements contained “separate proceedings” and arbitration provisions, which together required that disputes be resolved individually through arbitration, rather than collectively through some…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

See All Updates »

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

See All Updates »

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

See All Updates »

New Federal Drone Regulations Leave Unanswered Questions

The Federal Aviation Administration Extension, Safety, and Security Act of 2016 (“FAA Reauthorization”) was signed into law July 15. The FAA Reauthorization contained at least five sections directed specifically at unmanned…more

Airspace, Aviation Industry, Best Practices, Certification Requirements, Commercial Use

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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 & Title Insurance Update: Week Ending September 16, 2016

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if…more

Arbitration, Class Action, Fidelity National Title Insurance Company, Insurance Industry, Liens

See All Updates »

Construction Case Law Update - January 11, 2016

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

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

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Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and new…more

All-Risks Insurance, Amtrak, Demolition, Flood Insurance, Flooding

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Tenth Circuit Drills Down Into Roots Of Moral Hazard, Comes Up Dry

Moral hazard (one of this blog’s preoccupations) usually comes up in disputes over the scope of coverage under an insurance policy. But state legislatures often address it, too—for example, by imposing limits on agreements to…more

Commercial General Liability Policies, Denial of Insurance Coverage, Energy Sector, Indemnification, Insurance Industry

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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

See All Updates »

Collaboration Key to Combatting Cyber Threats: Federal Government Issues Final Guidance Clarifying Liability Protection for Private Entities that Share Cybersecurity Information

On June 15, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) jointly issued final guidance on how the private sector and government will communicate cyber threat data and defensive measures under the…more

Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Nothing Shady Where State Statutory Language Restricting Class Actions is Clear

Six years ago, the U.S. Supreme Court stated in a plurality opinion that “Rule 23 unambiguously authorizes any plaintiff, in any federal proceeding, to maintain a class action if the Rule’s requirements are met” — even if the…more

Class Action, Membership Interest, Putative Class Actions, Rule 23, Sam's Club

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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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Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect Focus International – August 2016)

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor …more

Argentina, Authentication, Brazil, Commercial Insurance Policies, Community Trademark

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Foreclosure of Mortgage Securing Electronic Promissory Note Affirmed

Florida’s Fourth District Court of Appeal recently issued its mandate in Rivera v. Wells Fargo Bank, N.A. confirming the finality of its decision to uphold the enforcement of an electronic promissory note (“e-note”) in a…more

Banking Sector, Consumer Lenders, E-Signatures, Final Judgment, Foreclosure

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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 »

Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

See All Updates »

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

See All Updates »

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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Ivanka Trump Intern Controversy Offers Key Reminders for Businesses

A recent blog post by one of Ivanka Trump’s interns suggests the Presidential candidate’s daughter uses unpaid interns to help run her website, IvankaTrump.com. The intern offered tips on staying financially afloat while…more

Best Practices, DOL, Employer Liability Issues, FLSA, Hiring & Firing

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Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need to…more

Depositions, Discovery, Evidence, Litigation Strategies, Trial Preparation

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Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

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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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FinCEN Unveils “Fifth Pillar” of Anti-Money Laundering Compliance

The idea that a “fifth pillar” of Anti-Money Laundering (“AML”) compliance – customer due diligence requiring U.S. banks, broker-dealers, mutual funds, commodity futures merchants, and introducing brokers (“covered financial…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Beneficial Owner, BSA/AML

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Learning from Venmo’s Compliance Issues: How to Avoid Inadequate Privacy Disclosures

PayPal, the company responsible for the popular mobile payments app, Venmo, recently agreed to voluntarily bolster its privacy and security disclosures—and pay a $175,000 penalty—in response to an enforcement action brought by…more

Cybersecurity, Data Collection, Data Privacy, Data-Sharing, Disclosure Requirements

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Third Circuit Affirms Dismissal Of Suit To Vacate FINRA Arbitration Award

This case involved an underlying arbitration before an arbitration panel operating under the Financial Industry Regulatory Authority (“FINRA”) rules, which was brought by Judith and Kenneth Goldman against their financial…more

Appeals, Arbitration, Arbitration Awards, Citigroup, Federal Arbitration Act

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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

See All Updates »

Objecting to a Magistrate Judge's Report and Recommendation

An unpublished opinion from the Tenth Circuit Court of Appeals in January 2016 caught our eye because it collected various established preservation-of-error principles for objecting to a magistrate judge's report and…more

Litigation Strategies, Objection Procedures, Trial Preparation, Trials

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Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

See All Updates »

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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Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both…more

Department of Environmental Protection, Discharge of Pollutants, Emergency Rule, Environmental Policies, Florida

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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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2016 Florida Legislative Post-Session Report

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida Legislature. The…more

Bullying, Child Care, Conservation Easements, Criminal Procedure, Energy Sector

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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

See All Updates »

Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both…more

Department of Environmental Protection, Discharge of Pollutants, Emergency Rule, Environmental Policies, Florida

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Contemplating Cross-Appeals – When “Winners” Need to Appeal

One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable portion…more

Appeals, CEQA, Cross-Appeals, Final Judgment, Litigation Strategies

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Contemplating Cross-Appeals – When “Winners” Need to Appeal

One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable portion…more

Appeals, CEQA, Cross-Appeals, Final Judgment, Litigation Strategies

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New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

See All Updates »

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

See All Updates »

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

See All Updates »

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect Focus International – August 2016)

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor …more

Argentina, Authentication, Brazil, Commercial Insurance Policies, Community Trademark

See All Updates »

Consumer Finance Rule Will Ban Use of Pre-Dispute Arbitration Agreements

If you've ever read the fine print in your credit card agreement, there is a good chance it states you agree to arbitrate any claims and waive the right to bring a class action against the bank that issued it. Such class action…more

Arbitration Agreements, CFPB, Class Action Arbitration Waivers, Consumer Financial Products, Credit Cards

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Changes To Florida’s New Anti-Corruption Law Take Effect October 1 - Will Florida Soon Consider Your Business Practices Corrupt?

The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida’s Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines…more

Anti-Corruption, C-Suite Executives, Competitive Bidding, Corruption, Federal Contractors

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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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2018 Diversity Visa Lottery Program: Cuba, Ecuador, and Guatemala Eligible to Register

For the 26th year, the U.S. Department of State (DOS) has issued registration instructions for the annual Diversity Visa (DV) lottery. Registration for the 2018 lottery opens 12 noon eastern daylight time (EDT) on October 4,…more

Diversity Lottery, Electronic Filing, Foreign Nationals, Green Cards, Immigrants

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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 »

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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Real Property & Title Insurance Update: Week Ending September 16, 2016

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if…more

Arbitration, Class Action, Fidelity National Title Insurance Company, Insurance Industry, Liens

See All Updates »

Getting It Right The First Time: Presenting A Persuasive Argument Without Relying On The Court’s Familiarity With The Facts Or The Law

Even apart from the importance of assuring appellate review, properly preserving the record and carefully laying out one’s argument can have an immediate impact at the trial level. Very often, a litigator comes across a set…more

Appeals, Litigation Strategies, Trial Preparation, Trials

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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

See All Updates »

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

See All Updates »

Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

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 »

California Supreme Court Holds that Whether Arbitration Will Proceed on Class Basis is an Issue for Arbitrator, not Court

California’s back-and-forth on arbitrations and class actions continued again this week. In a key 4-3 decision the California Supreme Court held that the arbitrator—not the court—can decide whether an arbitration agreement…more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Action Arbitration Waivers

See All Updates »

Real Property & Title Insurance Update: Week Ending September 16, 2016

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if…more

Arbitration, Class Action, Fidelity National Title Insurance Company, Insurance Industry, Liens

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

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 »

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

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

Cuba, Embargo, Foreign Relations, Hospitality Industry, Hotels

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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 »

Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

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 »

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class…more

Advertising, ATDS, Class Action, Faxes, Motion To Strike

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Winner Beware: When the Court Overrules Your Opponent’s Objection or Sustains Yours, You May Have a Special Problem

Every experienced civil trial lawyer knows that when the judge rules against you on an objection at trial, you need to build a record to show that the court’s ruling was not only wrong, but harmful. For generations, and in…more

Appeals, Contested Proceedings, Harmful Error, Objections, Young Lawyers

See All Updates »

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 »

Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

See All Updates »

Court Partially Grants And Partially Denies Motion For Summary Judgment In Crop Insurance Commission Dispute

Plaintiff Hudson Insurance Company brought suit against DuRussel Insurance Agency, Inc. and Blue Water Agribusiness LLC concerning the alleged breach of two separate crop insurance contracts issued by Hudson. The first contract…more

Breach of Contract, Crop Insurance, Crops, Farms, Overpayment

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Storm Clouds Gather for Life Insurers’ Cost of Insurance Rate Increases

For more than two decades any insurer increasing its cost of insurance (COI) rates on its universal life policies was likely to be met with policyholder lawsuits and even, occasionally, regulatory resistance. Until the past…more

Insurance Industry, Insurance Rates, Life Insurance

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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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Court Compels Non-Signatory Affiliates, But Not Broker, To Arbitrate Premium Payment Dispute

National Union Fire Insurance Company of Pittsburgh brought a petition in a New York federal court, to compel nine related companies to arbitrate a payment dispute relating to certain policies of insurance issued to the Beelman…more

Arbitration, Commercial Insurance Policies, Insurance Industry, Motion to Compel, National Union

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California Supreme Court Holds that Whether Arbitration Will Proceed on Class Basis is an Issue for Arbitrator, not Court

California’s back-and-forth on arbitrations and class actions continued again this week. In a key 4-3 decision the California Supreme Court held that the arbitrator—not the court—can decide whether an arbitration agreement…more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Class Action Arbitration Waivers

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 »

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

See All Updates »

2015 Food Industry Decisions With Bite

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

Ascertainable Class, CAFA, Chobani Inc, Class Action, Class Certification

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Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and new…more

All-Risks Insurance, Amtrak, Demolition, Flood Insurance, Flooding

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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

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Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect Focus International – August 2016)

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor …more

Argentina, Authentication, Brazil, Commercial Insurance Policies, Community Trademark

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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: California Court Prevents Second Bite at the Yogurt - Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124-CJC-JCG (C.D. Cal., March 7, 2016)

Plaintiff Nicolas Torrent filed a putative class action alleging yogurt drink manufacturer, Yakult U.S.A., Inc.’s marketing and advertising claims concerning digestive health benefits were false and deceptive. Plaintiff sought…more

Class Certification, False Advertising, Food Labeling, Food Manufacturers, Food Marketing

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Section 489.128 - Unlicensed Window Installation Contractor Avoids Construction Defect Claims Based On Florida's Statute Of Limitations

Florida’s Fifth District Court of Appeal recently considered a window installation contractor’s defense to a homeowners' construction defect claims based on the statute of limitations. The homeowners argued that the four-year…more

Construction Defects, Construction Industry, Construction Project, Contractors, Statute of Limitations

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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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New FIRPTA Exceptions Provide Opportunities for Foreign Pensions and Investment Funds

The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) authorized the United States to tax foreign persons on the gain from the disposition of U.S. real property or U.S. real property interests (USRPIs). Recently, the…more

FIRPTA, Pension Funds, Protecting Americans from Tax Hikes (PATH) Act, Real Estate Market, REIT

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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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DOL Raised The Bar: Final White Collar Overtime Exemption Rule Doubles Salary Threshold - New rule is expected to change the exemption status of 4.2 million employees

The U.S. Department of Labor has unveiled the long-anticipated final version of its “white collar” overtime exemption rule, which becomes effective December 1, 2016. The final rule raises the minimum salary threshold required…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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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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Seeing is Believing: Preserving Your Argument as to Audiovisual Evidence and Demonstrative Aids in the Courtroom

With the advent of courtroom technology, parties are increasingly relying on audiovisual evidence or demonstrative aids to present their case to the trier of fact. Sometimes, however, counsel fail to specifically object to some…more

Criminal Appeals, Evidence, Motions in Limine, Prejudice, Preservation of Rights

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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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NOTICE Act Scheduled to Take Effect This Fall

The Final Rule of the Notice of Observation Treatment and Implications for Care Eligibility Act of 2015 (Pub. L. 114-42) is scheduled to become effective October 1, 2016. Thereafter, hospitals and Critical Access Hospitals…more

CMS, Final Rules, Healthcare, Hospitals, Medicare

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Considerations for Your Company’s Website Accessibility Policy

We previously discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses and, if so, the specific requirements that would apply. We noted that even if…more

ADA, Information Technology, Information Technology Outsourcing, Policies and Procedures, Website Accessibility

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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 (CFAA), Employer Liability Issues, Employment Policies

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Adding to Circuit Split, Divided Ninth Circuit Finds Concerted Action Waiver in Ernst & Young’s Employment Agreement Unenforceable Under NLRA

Ernst & Young’s (“E&Y”) employment agreements contained “separate proceedings” and arbitration provisions, which together required that disputes be resolved individually through arbitration, rather than collectively through some…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

See All Updates »

Third Circuit Creates Framework for Analyzing Numerosity

The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company entered into agreements…more

Anti-Competitive, Antitrust Litigation, Antitrust Violations, Class Action, Class Certification

See All Updates »

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

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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Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the…more

Appeals, Confidential Communications, Discovery, Evidence, False Statements

See All Updates »

Real Property & Title Insurance Update: Week Ending September 16, 2016

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if…more

Arbitration, Class Action, Fidelity National Title Insurance Company, Insurance Industry, Liens

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 »

Defalcation is a Dirty Word, But Not the End of the World

The word “defalcation” remains one of the more frightening terms in the title insurers’ lexicon. But with the proper training, preparation, and response, defalcations can be managed, and the title insurers’ exposure controlled…more

Defalcation Exception, Escrow Accounts, Insurance Industry, Mortgages, Real Estate Market

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 »

Proposed Rule Changes to Florida’s Affordable Housing Allocation and Funding Process

The Florida Housing Finance Corporation (“Florida Housing”) has proposed changes to its rules governing the affordable housing allocation and funding process. The changes are to Rule Chapters 67-21, 67-48, and 67-60, F.A.C…more

Affordable Housing, Allocation of Funds, Bonds, Building Codes, Community Development

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 »

DOL Raised The Bar: Final White Collar Overtime Exemption Rule Doubles Salary Threshold - New rule is expected to change the exemption status of 4.2 million employees

The U.S. Department of Labor has unveiled the long-anticipated final version of its “white collar” overtime exemption rule, which becomes effective December 1, 2016. The final rule raises the minimum salary threshold required…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

See All Updates »

Third Circuit Creates Framework for Analyzing Numerosity

The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company entered into agreements…more

Anti-Competitive, Antitrust Litigation, Antitrust Violations, Class Action, Class Certification

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 »

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance -…more

Administrative Proceedings, ALJ, Arbitration, Banking Sector, CFPB

See All Updates »

What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed…more

Banking Sector, CISO, Cybersecurity, Data Protection, Encryption

See All Updates »

Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

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, Federal Tort Claims Act (FTCA), 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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Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need to…more

Depositions, Discovery, Evidence, Litigation Strategies, Trial Preparation

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Economic Incentive Applications and Florida’s Public Records and Sunshine Law

If you are considering locating—or relocating—your business to Florida, and are interested in applying for an economic incentive, you should be aware of Florida’s Public Records and Sunshine Law, which provides that certain…more

Business Plans, Confidential Information, Florida, Incentives, Proprietary Information

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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 »

Real Property & Title Insurance Update: Week Ending September 16, 2016

REAL PROPERTY UPDATE - Vacation of Subdivision Plats: boards of county commissioners have limited authority under Fla. Stat. sec. 177.101(3) to grant or deny platted property owner’s request for vacation of plat; if…more

Arbitration, Class Action, Fidelity National Title Insurance Company, Insurance Industry, Liens

See All Updates »

What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed…more

Banking Sector, CISO, Cybersecurity, Data Protection, Encryption

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SCOTUS v. the Ninth Circuit on Failure to Enforce ERISA Stock-Drop Pleading Standard

In a terse per curiam opinion, the U.S. Supreme Court in Amgen Inc. v. Harris, No. 15-278 (U.S. Jan. 25, 2016), made clear that it expects lower courts to faithfully apply the pleading requirements for “stock-drop” cases under…more

Amgen, Breach of Duty, Employee Benefits, ERISA, ESOP

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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

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New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

See All Updates »

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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Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

See All Updates »

Arbitration Clause Contained Only In “Side” Agreements To Insurance Policies, Enforced In Dispute Over “Retrospective Premiums”

A U.S. District Court for the Southern District of New York recently enjoined Advanced Micro Devices (AMD), from proceeding with litigation in California against National Union Fire Insurance Company (NUFIC), related to a…more

Arbitration, Arbitration Agreements, Indemnity Agreements, Insurance Industry, Insurance Litigation

See All Updates »

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

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 »

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant…more

Auto Insurance, Automotive Loans, Bad Faith, CFPB, Class Action

See All Updates »

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s…more

Article III, Breach of Contract, Class Action, Consumer Fraud, Data Breach

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

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Foreclosure of Mortgage Securing Electronic Promissory Note Affirmed

Florida’s Fourth District Court of Appeal recently issued its mandate in Rivera v. Wells Fargo Bank, N.A. confirming the finality of its decision to uphold the enforcement of an electronic promissory note (“e-note”) in a…more

Banking Sector, Consumer Lenders, E-Signatures, Final Judgment, Foreclosure

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Ex Parte Communications Between Reinsurer’s Attorney And Party-Appointed Arbitrator Lead To Vacatur Of Award

The Sixth Circuit recently held that a lower court erred by refusing to vacate an arbitration panel’s interim and final awards due to ex parte communications between one of the arbitrators and the attorney for the appellee,…more

Arbitration, Arbitration Agreements, Ex-Parte Communications, Insurance Industry, Reinsurance

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Order Compelling Arbitration Reversed Due To Failure To Determine The Existence And Scope Of Arbitration Agreement

The Ninth Circuit recently reversed a trial court for compelling arbitration without issuing an order that (1) made “the necessary factual findings as to the parties’ communications,” (2) determined “the law applicable to…more

Arbitration, Arbitration Agreements, Contract Terms, Motion to Compel

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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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Are You Prepared for Disruption? New regulations, new challenges and opportunities [Expect Focus – Vol. II, July 2016]

- Fed Takes First Steps Toward Setting Capital Requirements for Some Insurers - New Wave of COI Rate Increase Lawsuits Hits the Industry - STOLI Policies Cancelled, Insurers Retain Premium - SEC…more

Administrative Proceedings, Capital Requirements, Cybersecurity, Data Breach, Death Master Files

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 »

Contact

4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

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Areas of Practice
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100+ Attorneys

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