Carlton Fields

NY DFS Proposed Cybersecurity Regulations Revised and Implementation Delayed

We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28,…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Privacy, Science, Computers, & Technology

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Energy & Utilities, International Law & Trade

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Eleventh Circuit Resolves Jurisdictional Issues Regarding The Confirmation Of An Arbitration Award

The Eleventh Circuit recently held that a district court retained jurisdiction over a motion to confirm an arbitral award, even though the plaintiff had voluntarily dismissed its claims while the motion to confirm was…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Minnesota Discovers Limits To Its Regulator’s Power Over Insurers

In Minnesota, the Commissioner of the Department of Commerce regulates the insurance industry, and he has a statutory right to conduct investigations “related to the duties and responsibilities entrusted to” him. Last month, in…more
| Administrative Law, Commercial Law & Contracts, Insurance

SCOTUS to Determine Enforceability of Class Action Waivers in Employment Contract Arbitration Clauses

The United States Supreme Court granted and consolidated three petitions for certiorari related to the validity of class action waiver clauses in employer/employee arbitration agreements. The Court has consolidated the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Cybersecurity Still Top FINRA Operational Risk

On January 4, the Financial Industry Regulatory Authority (FINRA) published its annual Regulatory and Examination Priorities Letter providing firms with information about areas FINRA plans to review in 2017 as well as…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Court Holds Alleged Industry Bias Among Arbitrators Insufficient To Vacate Award

The case concerned two purchase orders whereby defendant BJB LLC dba Agri Trading (Agri Trading) agreed to purchase corn oil from plaintiff Hardy Industrial Technologies, Inc. (Hardy). A dispute arose and was submitted for…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Court Finds Arbitration Award That Included Attorneys’ Fees Was Not A Manifest Disregard Of The Law

The court confirmed an arbitration award entered in favor of Astanza Design, LLC against Giemme Stile, S.p.A. and Giemme USA, LLC (Giemme) in which the arbitrator awarded both damages and attorneys’ fees to Astanza in a dispute…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies

Real Property & Title Insurance Update: Week Ending January 6, 2017

REAL PROPERTY UPDATE - Foreclosure – Involuntary Dismissal: although lender’s witnesses failed to explain lender’s loan payment history statement, the statement reflected the principal amount due and had been admitted into…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Insurance, Real Estate - Residential

The New “Price” of U.S. Health Care: The Future of Value-based Reimbursement Under President-elect Trump and Tom Price

The total U.S. health care expenditure was $3.2 trillion in 2015, and is projected to grow to nearly $5.6 trillion by 2025. As our nation’s cost of care rises, both Democrats and Republicans recognize the overwhelming need to…more
| Elections & Politics, Health

London Maritime Arbitration Association Held To Be A “Foreign Tribunal” Within The Meaning OF 28 U.S.C. § 1782

Kleimar N.V., the plaintiff in a London arbitration against defendant Dalian Dongzhan Group Co. Ltd. (Dailan), filed an ex parte application with the New York District Court seeking the issuance of a discovery order and subpoena…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Maritime Law

NAIC Draws Line In CFPB Sand Box

The National Association of Insurance Commissioners has taken a firm stance on the Consumer Financial Protection Bureau’s proposed ban of “mandatory arbitration” clauses that make financial product consumers waive their right to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Consumer Protection, Finance & Banking, Insurance

Back to the Future: 2017 [Expect Focus Life Insurance – December 2016]

- Should Your Company Purchase Bitcoin to Pay a Cyber Ransom? - NAIC Draws Line in CFPB Sandbox - NAIC’s Big Data Task Force Sets Charges for 2017 - Broker-Dealers Can Hold Customers’ Initial Checks…more
| Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology, Securities Law

FTC Brings Action Against D-Link in Ongoing Effort to Secure the Internet of Things

One area of concern for data privacy and cybersecurity professionals is the security of the Internet of Things, which refers to the digitally connected smart devices present in almost every aspect of our lives and growing…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology
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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

  • 813.223.7000
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