Carlton Fields

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
| Commercial Law & Contracts, Insurance, International Law & Trade, Taxation

Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions

Approximately twenty percent of Americans have been classified as chronic procrastinators, which means one in five policyholders faces a potential problem when suing for coverage. While the statute of limitations for breach of…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Seventh Circuit Weighs In On One-Way Intervention

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

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

A Pennsylvania federal court recently confirmed an arbitrator’s decision in a wrongful termination suit which held in favor of the Philadelphia Union soccer team, finding it did not violate former head coach Piotr Nowak’s…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Washington Adopts New Rules Regarding Credit For Reinsurance

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

Limits of Ascertainability Reached in Class Allegations Against Equifax

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

No Party for IRS: Court Certifies Class of Conservative Nonprofits

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

New York Federal Bankruptcy Court Finds Insurance Insolvency Proceeding Does Not “Reverse – Preempt” Bankruptcy Court Jurisdiction

In a recent adversary proceeding in the chapter 11 case involving Ames Department Stores, Inc. (“Ames”), Lumbermens Mutual Casualty Company (“Lumbermen’s”) argued that under the McCarran-Ferguson Act, the issues in dispute…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Insurance

4 Types of IP Your Startup Must Protect

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

Georgia Appellate Court Holds Malpractice Coverage Suit Must Be Arbitrated

The Court of Appeals of Georgia recently affirmed a trial court’s ruling compelling arbitration in a malpractice coverage dispute. McLarens Young International Inc. (McLarens) and American Safety Casualty Insurance Company…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

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

When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question regarding the extent to which undamaged property should be replaced to ensure…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

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

Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor agreements…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

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

On December 8, 2015, the U.S. Court of Appeals for the First Circuit ruled in Flannery v. SEC that the Securities and Exchange Commission lacked substantial evidence in finding securities law violations by two executives in…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

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

In a recent per curiam order granting the plan fiduciaries’ petition for certiorari and reversing the Ninth Circuit, the United States Supreme Court made clear that it expects lower courts to faithfully apply the pleading…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts

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

Roquette Freres, S.A. and Solazyme, Inc. entered into a Joint Venture Operating Agreement (the “JVOA”), which was established for the purpose of “the research and development, manufacture, distribution, sales, marketing and…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

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