Carlton Fields

Department of Labor Rule Paves the Way for State-Run Retirement Plans

On August 24, the United States Department of Labor (DOL) announced a final rule governing the exemption of state-run retirement plans from the Employee Retirement Income Security Act (ERISA). Over 30 states have either…more
| Finance & Banking, Labor & Employment Law

D.C. Court Dismisses Dispute Over Reinsurance Of Federal Crop Insurance Program

On September 20, a federal district court in the District of Columbia dismissed a lawsuit brought by reinsurers of the federal crop insurance program. The plaintiffs-reinsurers alleged that the Federal Crop Insurance Corporation…more
| Agriculture, Civil Procedure, Commercial Law & Contracts, Insurance

Ready for Your Close-up? Five Tips for Using Videoconferencing Technology at Trial

From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in…more
| Civil Procedure

Recent Insurer Victories in Indexed Annuity Class Actions

Recent federal court decisions effectively terminated two class action lawsuits challenging indexed annuity sales, seemingly ending an extended wave of class litigation in the federal courts against multiple insurers predicated…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Securities Law

Brexit’s Impact on the Insurance Industry

Following the UK’s historic advisory vote to leave the EU, key questions must be answered before any real change occurs. These include: Must the government implement the advisory vote, and if so, how? Will the UK really…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Insurance, International Law & Trade

D.C. Circuit: SEC’s In-House Court is Constitutional

Previously, we advised that the Securities and Exchange Commission’s increased preference for bringing enforcement actions in its in-house court had triggered jurisdictional and constitutional challenges to SEC administrative…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Constitutional Law, Securities Law

CFPB's Project Catalyst Highlights Innovation Opportunities

On October 25, the Consumer Financial Protection Bureau (CFPB) released its "Project Catalyst Report: Promoting Consumer-Friendly Innovation." ("CFPB Report"). The CFPB Report reviews what the CFPB "has learned about a range of…more
| Consumer Protection, Finance & Banking, Science, Computers, & Technology

NAIC Long-Term Care Innovation Subgroup Public Hearing

At the NAIC Summer 2016 National Meeting, the Long-Term Care Innovation (B) Subgroup held a public hearing as part of an initiative to address the challenges facing the private LTC market. With baby boomers retiring at a rate of…more
| Commercial Law & Contracts, Health, Insurance

On The Horizon: Global Insurance Capital Standards

Since 2013, the International Association of Insurance Supervisors (IAIS), an association of insurance supervisors representing more than 200 jurisdictions in approximately 200 countries, has been working on a plan to develop a…more
| Commercial Law & Contracts, Insurance, International Law & Trade

North Carolina Federal Court Holds That Arbitration Clause Requiring Panel To Render A Decision Within 30 Days Is Not Unconscionable

In July, a federal court in North Carolina held that an arbitration provision which required the arbitration panel to reach a decision within thirty days of their selection was not unconscionable. Arising out of a dispute…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, Indigenous Peoples

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

Increasingly aggressive and adversarial examinations by state regulators can expose insurers to troubling evidentiary issues in subsequent individual and class action litigation. Plaintiffs’ counsel may seek to admit into…more
| Civil Procedure, Commercial Law & Contracts, Insurance

AXA Prevails at First Post-Jones v. Harris Excessive Fee Trial

In its 2010 opinion in Jones v. Harris, L.P., the United States Supreme Court embraced the so-called Gartenberg standard for assessing an investment adviser’s fiduciary liability for excessive mutual fund fees under Section…more
| Business Torts, Commercial Law & Contracts, Finance & Banking, Insurance, Securities Law

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural Requirements

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Construction Law, Finance & Banking, Labor & Employment Law

Connecticut Workers’ Compensation Carriers May Pursue Justice

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused the…more
| Worker’s Compensation

HUD Advocates Broad “Disparate Impact” Liability for P&C Insurers

In February 2013, the U.S. Department of Housing and Urban Development adopted a “Discriminatory Effects Rule,” which established liability under the Fair Housing Act for conduct that is otherwise lawful, but which has a…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Insurance, Real Estate - Residential
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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

  • 813.223.7000
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100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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