Carlton Fields

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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States
Phone: 813.223.7000
Fax: 813.229.4133
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • New York
Number of Attorneys
100+ Attorneys

Post-Election Predictions: What the Hospitality Industry Can Expect in 2017

Welcome and thank you and our listeners and welcome to the first in our series on the national and commercial estate market. My name is David Adams and today I’m talking with Dan Weede – a guy who needs no introduction in the…more

AirBnB, Commercial Real Estate Market, Financial Markets, Financing, Hospitality Industry

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A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class

A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the District…more

Article III, Baby Products, CUTPA, False Advertising, Johnson & Johnson

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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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The Air of Preservation Is Now Filled With “Specific” Arguments

To win, trial lawyers must master the art of persuasion. But when they lose, they are tested by their mastery of the art of preservation. As standards of review in appellate courts have become increasingly demanding,…more

Appeals, Litigation Strategies, Preservation of Rights, Trial Preparation

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

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

Bank of America, Countrywide, Discovery, Foreclosure, Mortgages

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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

See all updates »

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial…more

Cybersecurity, Data Privacy, Data Security, Email, Fraud

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 »

Trump Administration Proposes Insurer-Friendly Rule Modifying Exchanges under the ACA

Less than three weeks after our last article involving healthcare under the Trump Administration, the Centers for Medicare and Medicaid Services Department of Health and Human Services (“HHS”) has released its first proposed…more

Affordable Care Act, Health Insurance, Healthcare Reform, HHS, Trump Administration

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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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FCC Adopts New Privacy Rules

On November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote. After the reclassification of broadband internet access service as a telecommunications service…more

Arbitration, Broadband, Class Action, Data Collection, FCC

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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

See all updates »

Texas Court Holds FDCPA Requires Snail Mail

A debt collector runs afoul of the Fair Debt Collection Practices Act (FDCPA) if it fails to mail its response to a consumer’s request for verification of debt, ruled a Texas federal judge in Ghanta v. Immediate Credit…more

CFPB, Debt Collection, Debt Collectors, FDCPA, Verification Requirements

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

See all updates »

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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Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

See all updates »

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial…more

Cybersecurity, Data Privacy, Data Security, Email, Fraud

See all updates »

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 »

Food for Thought: A Review of 2016 Litigation

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

7-Eleven, All Natural, Anheuser-Busch, Beer, Chipotle Grill

See all updates »

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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7th Circuit Becomes First Appellate Court to Find Title VII Protects Against Discrimination Based on Sexual Orientation

On Tuesday, April 4, 2017, an en banc 7th Circuit became the first federal appellate court to find that prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”) includes discrimination on the…more

Civil Rights Act, Gender Identity, LGBT, LGBTQ, Sex Discrimination

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Federal Court Holds California Insurance Code Bars Duty to Defend Against False Claims Act Violations

The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central District…more

AIG, Bad Faith, CFCA, Denial of Insurance Coverage, Dismissal With Prejudice

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Third Circuit Permits Limited Discovery On Issue Of Validity Of Arbitration Agreement

In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank’s motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause was not referenced in…more

Arbitration, Arbitration Agreements, Banking Sector, Breach of Contract, Consumer Contracts

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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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Off The Record. Or Not?

In November 2007, an article titled “Off the Record,” which was co-authored by one of this article’s authors, was published in this Journal. It began by saying “[e]very good appellate lawyer knows that an appeal is constrained…more

Appeals, Discovery, Evidence, Internet, Judicial Notice

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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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Peerless, This is Not: Sixth Circuit Finds No Latent Ambiguity in Consent to Settle Requirement in Excess Policy

Disputes between policyholders and excess insurers often involve events that occurred before the underlying defense costs or indemnity payments reached the excess layer. In Stryker Corp. v. Nat’l Union Fire Ins. Co. of…more

Denial of Insurance Coverage, Excess Policies, Insurance Industry, Medical Devices, National Union

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Amendment 7 Prevails Over Patient Safety Work Product Protections

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist Hospital…more

Amicus Briefs, Appeals, FL Supreme Court, Florida, Health Care Providers

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No Pick-Off, No Problem: How a Pre-Certification Rule 68 Offer Survived (Twice)

A magistrate judge in the United States District Court for the Western District of Pennsylvania denied plaintiff’s motion to strike a Rule 68 offer of judgment served prior to class certification. The Rule 68 offer in this case…more

Class Action, Class Certification, Offer of Judgment, Rule 23, Rule 68

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Expect Focus - International, Spring, March 2017

Rules of the (International) Road - An Overview - Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally, some…more

BEPS, China, Commercial Leases, Cuba, Insurance Industry

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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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I-85 Bridge Collapse: Business Interruption Coverage Issues

In the wake of the March 30 collapse of the I-85 bridge in Atlanta, Georgia Governor Nathan Deal declared a state of emergency calling for closure of both the northbound and southbound lanes of I-85 in Fulton County. A copy of…more

Bridges, Business Interruption, Civil Authority Coverage, Critical Infrastructure Sectors, Ingress/Egress

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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

See all updates »

DOAH Strikes Proposed Rule Requiring Public Notification of "Reportable Releases"

On December 30, the Division of Administrative Hearings (DOAH) entered a final order invalidating the Department of Environmental Protection’s (DEP) proposed rule expanding notification requirements for every release of any…more

Discharge of Pollutants, Environmental Liability, Environmental Policies, Hazardous Substances, Notification Requirements

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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

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

See all updates »

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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California Federal Court Allows Indirect Purchasers of Securities to Sue Issuers for Fraud Under California Statute

A federal magistrate judge in California has allowed a securities fraud suit against a late-stage private company to proceed despite the plaintiff investors holding a security interest only through intermediary, single-purpose…more

Advertising, Breach of Contract, CMS, Corporate Counsel, Investment Funds

See all updates »

Food for Thought: A Review of 2016 Litigation

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

7-Eleven, All Natural, Anheuser-Busch, Beer, Chipotle Grill

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

See all updates »

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

See all updates »

Pitfalls Of Relying On Evidence Previously Filed “For Any Purpose” When Opposing Summary Judgment

Your opponent files a motion for summary judgment. At a hearing on the motion, you point to an affidavit in the record to show that material questions of fact exist. Long before your opponent moved for summary judgment, you had…more

Affidavits, Evidence, Objections, Preservation of Rights, Summary Judgment

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Real Property & Title Insurance Update: Week Ending May 12, 2017

REAL PROPERTY UPDATE: Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to paragraph…more

Banking Sector, Easements, Foreclosure, Insurance Industry, Mortgages

See all updates »

As Class Action Spending Continues to Climb, Companies Manage Greater Risks

Class action spending by companies across industries increased for the second consecutive year, reversing a downward trend that occurred between 2011 and 2014. While the percentage of companies managing at least one active class…more

Affordable Care Act, Alternative Fee Arrangements, Antitrust Litigation, CFPB, Class Action

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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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California Federal Court Allows Indirect Purchasers of Securities to Sue Issuers for Fraud Under California Statute

A federal magistrate judge in California has allowed a securities fraud suit against a late-stage private company to proceed despite the plaintiff investors holding a security interest only through intermediary, single-purpose…more

Advertising, Breach of Contract, CMS, Corporate Counsel, Investment Funds

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

See all updates »

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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Post-Hurricane Matthew: Insurance Statutes and Regulations

Because Hurricane Matthew claims may be taking you and your colleagues to several different states, we thought it might be helpful to bear in mind the different claims adjusting standards and regulations in those states that…more

Hurricane Matthew, Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters

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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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Hacking the Short Hearing

Every litigator has encountered it—the dreaded hearing set for ten minutes or less. The necessary implication of such hearings is that you will have only half that time to present your argument and win over the judge, and…more

Litigation Strategies, Trial Preparation

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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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Blowing the Whistle on Willful Misconduct: California Court holds that False Claims Act Suits Are Uninsurable Due to Public Policy

Willful misconduct is uninsurable. It is a fundamental principle of insurance, and it makes sense to both the lay and the lawyerly. But few states go as far as to codify this principle in the insurance code. California is an…more

AIG, Denial of Insurance Coverage, False Claims Act (FCA), Insurance Industry, Insurance Litigation

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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

See all updates »

IRS Treats Captives With Section 831(B) Elections As “Transactions Of Interest”

On the heels of Congress’ amendments last year to Section 831(b) of the Internal Revenue Code to curb perceived abusive use of so-called “micro” captive insurance companies, the IRS recently issued Notice 2016-66 officially…more

Captive Insurance Company, Disclosure Requirements, Insurance Industry, Internal Revenue Code (IRC), IRS

See all updates »

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding…more

Arbitration, Arbitration Agreements, Contract Formation, Federal Arbitration Act, Jury Trial

See all updates »

Fraud-Free Sunsets: How Financial Professionals Can Deter Financial Elder Abuse in Florida and Reduce Their Own Liability Exposure

Investment advisers, securities brokers, and other financial professionals who work directly with clients who are age 60 and older have two reasons to learn more about Florida’s financial elder abuse laws…more

Attorney's Fees, Elder Abuse, Exploitation, Fee-Shifting, Financial Abuse

See all updates »

Real Property & Title Insurance Update: Week Ending May 12, 2017

REAL PROPERTY UPDATE: Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to paragraph…more

Banking Sector, Easements, Foreclosure, Insurance Industry, Mortgages

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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A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs

Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a notice…more

Attorney's Fees, Contract Terms, Denial of Insurance Coverage, Insurance Contracts, Insurance Industry

See all updates »

New York Federal Court Denies Cross Motions For Summary Judgment On Follow The Settlements Doctrine

In a lengthy February 24, 2017 opinion, a New York federal court denied cross motions for summary judgment on the Follow the Settlements Doctrine, filed by Utica Mutual Insurance Company and Utica’s reinsurer, Fireman’s Fund…more

Asbestos Litigation, Bad Faith, Fireman's Fund Insurance, Follow-the-Settlements Law, Insurance Industry

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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

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

See all updates »

Food for Thought: A Review of 2016 Litigation

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

7-Eleven, All Natural, Anheuser-Busch, Beer, Chipotle Grill

See all updates »

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

See all updates »

Make Your Amicus Briefs Count

When considering whether an amicus brief may benefit your case, it pays to remember that the Latin term amicus curiae, after which amicus briefs are named, means “friend of the court.” An amicus brief that actually helps the…more

Amicus Briefs, Appeals, Law & Motion Hearings, Litigation Strategies, Motion for Leave

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 »

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

See all updates »

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 »

USPTO Tightens Requirements for Commercial Use of Trademarks

On March 21, 2017, the USPTO implemented changes to its requirements for continued use of trademarks in commerce that will require some trademark owners to provide additional materials and documentation when they renew their…more

Corporate Counsel, Intellectual Property Protection, Trademark Registration, Trademarks, Use in Commerce

See all updates »

FCC Adopts New Privacy Rules

On November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote. After the reclassification of broadband internet access service as a telecommunications service…more

Arbitration, Broadband, Class Action, Data Collection, FCC

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

See all updates »

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)

See all updates »

The Key to Jury Instruction Preservation: Objecting with Precision and Completeness

In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as opposed…more

Appeals, Jury Instructions, Litigation Strategies, Objection Procedures, Objections

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 Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal Policies Not Suitable for Class Relief

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)…more

ADA, Class Certification, Commonality, Disability Discrimination, FRCP 23(a)

See all updates »

Resolving Shopping Center Foreclosures in Florida - Considerations for Lenders

Shopping centers in Florida—and across the country—are increasingly facing financial stress due to factors such as Internet commerce and rent pressures. Rents generated from a shopping center are usually pledged as collateral…more

Banking Sector, Borrowers, Commercial Real Estate Market, Commercial Tenants, Delinquent Borrowers

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 »

Amendment 7 Prevails Over Patient Safety Work Product Protections

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist Hospital…more

Amicus Briefs, Appeals, FL Supreme Court, Florida, Health Care Providers

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

See all updates »

Food for Thought: A Review of 2016 Litigation

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

7-Eleven, All Natural, Anheuser-Busch, Beer, Chipotle Grill

See all updates »

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

See all updates »

Real Property & Title Insurance Update: Week Ending May 12, 2017

REAL PROPERTY UPDATE: Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to paragraph…more

Banking Sector, Easements, Foreclosure, Insurance Industry, Mortgages

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

See all updates »

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by regulating…more

Auto Insurance, Bodily Injury, Car Accident, Denial of Insurance Coverage, IFCA

See all updates »

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

See all updates »

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

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

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

See all updates »

Home Depot Cyber Derivative Action Shuttered: Another Data-Breach Derivative Suit Fails to Clear Fundamental Corporate Law Hurdles

The recent dismissal of a Home Depot derivative action ends a string of high-profile derivative suits stemming from large-scale corporate data breaches. On November 30, the Northern District of Georgia dismissed a shareholder…more

Breach of Duty, Business Judgment Rule, Corporate Governance, Cybersecurity, Data Breach

See all updates »

Class Notice Online Works Just Fine

In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan insureds who were denied…more

Anthem Insurance, Class Action, Class Certification, Class Members, Employee Benefits

See all updates »

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal Policies Not Suitable for Class Relief

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)…more

ADA, Class Certification, Commonality, Disability Discrimination, FRCP 23(a)

See all updates »

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

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 »

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

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 »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

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

See all updates »

Injunction Placing New Overtime Rule on Hold Affects Employers in Every Industry

Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor’s new overtime rule, which was to take effect December 1, 2016. The rule, addressing the so-called white collar exemptions,…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

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

Discovery, Evidence, Litigation Strategies, Technology, Testimony

See all updates »

Prospects Fade for NAIC Unclaimed Life Insurance and Annuities Model Act

The prospects for an NAIC Unclaimed Life Insurance and Annuities Model Act (“Model Act”) appear to be fading based on developments at the Unclaimed Life Insurance Benefits (A) Working Group’s March 7 meeting. The Working Group,…more

Annuities, Death Benefits, Insurance Industry, Life Insurance, NAIC

See all updates »

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 Company (LLC), New Amendments, Operating Agreements

See all updates »

Developing a Strategy to Fight FBAR Penalties

Since 2009, the number of FBAR penalties imposed for failures to report foreign bank accounts and the size of the penalties have both increased dramatically. Originally published in The Tax Advisor…more

Administrative Procedure Act, Banking Sector, FBAR, FinCEN, Foreign Bank Accounts

See all updates »

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

See all updates »

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

Annuities, Big Data, Bitcoin, Broker-Dealer, CFPB

See all updates »

Third Circuit Holds Overtime Class Action Is Not Subject To Arbitration

The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility is not subject to…more

Arbitration, Employment Litigation, FLSA, Healthcare Facilities, Mandatory Arbitration Clauses

See all updates »

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

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

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

See all updates »

Attempting to Counter a CAFA Loophole

Home Depot filed a certiorari petition in the United States Supreme Court aimed at closing an emerging loophole in CAFA jurisprudence in various circuits. According to the petition, some circuits have “narrowly construed CAFA’s…more

CAFA, Class Action, Counterclaims, Home Depot, Removal

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

See all updates »

Post-Hurricane Matthew: Insurance Statutes and Regulations

Because Hurricane Matthew claims may be taking you and your colleagues to several different states, we thought it might be helpful to bear in mind the different claims adjusting standards and regulations in those states that…more

Hurricane Matthew, Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters

See all updates »

DOAH Strikes Proposed Rule Requiring Public Notification of "Reportable Releases"

On December 30, the Division of Administrative Hearings (DOAH) entered a final order invalidating the Department of Environmental Protection’s (DEP) proposed rule expanding notification requirements for every release of any…more

Discharge of Pollutants, Environmental Liability, Environmental Policies, Hazardous Substances, Notification Requirements

See all updates »

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

See all updates »

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

See all updates »

In Florida, House Bill 805 Will Likely Allow Insurance Policy Transfers

The Florida Legislature passed House Bill 805, regarding insurance policy transfers. If, as anticipated, the governor signs the bill into law, it will allow insurance companies writing personal lines residential and commercial…more

Commercial Insurance Policies, Florida, Insurance Industry, Notice Requirements, Policy Terms

See all updates »

The ILSA Condo Exemption – Not Out of the Woods Yet

The Interstate Land Sales Full Disclosure Act (ILSA) is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property by requiring registration of subdivisions with the Consumer…more

Certificates of Occupancy, CFPB, Condominiums, Construction Industry, Construction Project

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

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

See all updates »

A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class

A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the District…more

Article III, Baby Products, CUTPA, False Advertising, Johnson & Johnson

See all updates »

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

Agricultural Land, Breach of Contract, Contract Terms, Crop Insurance, Crops

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

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 »

Will “Trumpcare” Replace Obamacare by April?

Monday, House Republicans revealed two bills collectively meant to repeal and replace the Affordable Care Act (ACA). House committees began reviewing the legislation yesterday. The bills do not contain any major surprises and…more

Affordable Care Act, Employer Mandates, Health Insurance, Health Savings Accounts, Healthcare Reform

See all updates »

Expect Focus - International, Spring, March 2017

Rules of the (International) Road - An Overview - Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally, some…more

BEPS, China, Commercial Leases, Cuba, Insurance Industry

See all updates »

As Class Action Spending Continues to Climb, Companies Manage Greater Risks

Class action spending by companies across industries increased for the second consecutive year, reversing a downward trend that occurred between 2011 and 2014. While the percentage of companies managing at least one active class…more

Affordable Care Act, Alternative Fee Arrangements, Antitrust Litigation, CFPB, Class Action

See all updates »

The Ghost of Depositions Past

Deposition testimony plays a powerful role in case resolution. Themes are developed, admissions are gathered, and claims and defenses are vetted. Depositions are also a great opportunity to size up how a witness will “play” with…more

Depositions, Discovery, Evidence, Expert Witness, Litigation Strategies

See all updates »

USPTO Tightens Requirements for Commercial Use of Trademarks

On March 21, 2017, the USPTO implemented changes to its requirements for continued use of trademarks in commerce that will require some trademark owners to provide additional materials and documentation when they renew their…more

Corporate Counsel, Intellectual Property Protection, Trademark Registration, Trademarks, Use in Commerce

See all updates »

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

See all updates »

Expect Focus - International, Spring, March 2017

Rules of the (International) Road - An Overview - Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally, some…more

BEPS, China, Commercial Leases, Cuba, Insurance Industry

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 »

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

See all updates »

Real Property & Title Insurance Update: Week Ending May 12, 2017

REAL PROPERTY UPDATE: Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to paragraph…more

Banking Sector, Easements, Foreclosure, Insurance Industry, Mortgages

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

See all updates »

Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder

The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal…more

American Rule, Attorney's Fees, Farmers Insurance, Fee-Shifting, Homeowner's Insurance

See all updates »

California Supreme Court Puts to Rest Labor Code Interpretation

Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the retail…more

CA Supreme Court, Employment Litigation, Food Service Workers, Labor Code, Nordstrom Inc.

See all updates »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

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 Puts to Rest Labor Code Interpretation

Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the retail…more

CA Supreme Court, Employment Litigation, Food Service Workers, Labor Code, Nordstrom Inc.

See all updates »

Real Property & Title Insurance Update: Week Ending May 12, 2017

REAL PROPERTY UPDATE: Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to paragraph…more

Banking Sector, Easements, Foreclosure, Insurance Industry, Mortgages

See all updates »

Dealmakers Q&A: Carlton Fields' Greg Null

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

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

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 »

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

See all updates »

Are Class Action Waivers Enforceable?

The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic…more

Arbitration, Arbitration Agreements, Case Consolidation, Certiorari, Class Action

See all updates »

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,…more

Affidavits, Alter Ego, Burden of Proof, Business Entities, Clear and Convincing Evidence

See all updates »

Health Care Fraud and Abuse in the Middle District of Florida in 2016 - a Year in Review

The United States Attorney’s Office (USAO) for the Middle District of Florida (USAO-MDFL) prosecuted several civil health care fraud matters in 2016 and issued related press releases. A review of the USAO-MDFL’s criminal and…more

Bonuses, Criminal Prosecution, DOJ, Durable Medical Equipment, False Billing

See all updates »

Texas Supreme Court Clarifies When Insured May Recover Policy Benefits

In an effort to clarify over 20 years of conflicting precedent, the Texas Supreme Court announced five rules that, according to the court, explain the relationship between claims for breach of insurance policy and…more

Breach of Contract, Homeowner's Insurance, Hurricane Ike, Insurance Industry, Policy Terms

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 »

Saved By The Bellwether Trial in the Ninth Circuit

Removal under the “mass action” provision of the Class Action Fairness Act (CAFA) is appropriate when 100 or more plaintiffs take the affirmative step of proposing to try their claims jointly and the claims involve common issues…more

Bellwether Verdicts, CAFA, Class Action, Jurisdiction, Mass Action

See all updates »

The Air of Preservation Is Now Filled With “Specific” Arguments

To win, trial lawyers must master the art of persuasion. But when they lose, they are tested by their mastery of the art of preservation. As standards of review in appellate courts have become increasingly demanding,…more

Appeals, Litigation Strategies, Preservation of Rights, Trial Preparation

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 »

Expect Focus - Life Insurance: Risky Business, Volume I, March 2017

Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention…more

Article III, Clean Shares, Elder Abuse, Exploitation, Fiduciary Exception

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

See all updates »

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s bad…more

Appeals, Auto Insurance, Bad Faith, Car Accident, Florida

See all updates »

NY DFS Proposes New Regulation for Life and Annuity Non-Guaranteed Elements

On November 17, the New York Department of Financial Services (DFS) issued a press release announcing its proposal of new Insurance Regulation 210 - Life Insurance and Annuity Non-Guaranteed Elements. Non-guaranteed elements…more

Annuities, Comment Period, Filing Requirements, Insurance Industry, Life Insurance

See all updates »

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

See all updates »

Unlike Friendships, Policy Exclusions Are Not Severable In West Virginia

A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for intentional acts. But what…more

Auto Insurance, Declaratory Judgments, Denial of Insurance Coverage, Homeowner's Insurance, Indemnification

See all updates »

Non-Union Employers Beware: Your Employee Handbook May Violate Employees’ Rights

Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization? What about speaking to the press or media? Such policies are common and routinely included in…more

ALJ, Email, Employee Handbooks, Employee Rights, Employment Policies

See all updates »

.Health: What You Need to Know About the Internet’s Newest Domain Name

On May 8, the new .health Internet top-level domain opens up to members of the health care industry and will be awarded on a “first-come, first-served” basis. Below is what your organization needs to know about “.health.”…more

Domain Names, gTLD, Health Care Providers, ICANN, Intellectual Property Protection

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In Construction Disputes, Tell the Story

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

Construction Disputes, Litigation Strategies

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I-85 Bridge Collapse: Business Interruption Coverage Issues

In the wake of the March 30 collapse of the I-85 bridge in Atlanta, Georgia Governor Nathan Deal declared a state of emergency calling for closure of both the northbound and southbound lanes of I-85 in Fulton County. A copy of…more

Bridges, Business Interruption, Civil Authority Coverage, Critical Infrastructure Sectors, Ingress/Egress

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Food for Thought: A Review of 2016 Litigation

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

7-Eleven, All Natural, Anheuser-Busch, Beer, Chipotle Grill

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New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit

Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015…more

Accelerated Payments, Appraisal, Hurricane Sandy, Insurance Litigation, Property Damage

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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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