Carlton Fields Jorden Burt

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

  • 813.223.7000
  • 813.229.4133

Court Refuses To Seal “Substantive Rulings” In Arbitration Award

A federal court in Michigan was recently presented with a motion to seal the briefing associated with a motion to confirm an arbitration award. The arbitration concerned a reinsurance dispute and had been conducted pursuant to a…more

Arbitration Awards, Confidentiality Agreements, Reinsurance, Sealed Records

See All Updates »

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the defendant…more

Automotive Industry, Class Action, Class Certification, Unfair or Deceptive Trade Practices

See All Updates »

Practical Guidelines for Jury Instructions, Verdict Forms, and the Charge Conference (Part 1 of 5)

You have been asked to prepare a set of jury instructions and a verdict form for trial. What do you do? Where do you start? Over the next several weeks, we will offer some basic guidelines for drafting jury instructions or a…more

Jury Instructions, Trial Preparation

See All Updates »

Advance Preparation For Medicare Revalidation Requests: Good Decision For The Bottom Line

The 2009 Affordable Care Act (ACA) has provided no shortage of new regulations for health care providers of every shape and size. One such item is the requirement that providers that enrolled in Medicare prior to March 25, 2011…more

Affordable Care Act, CMS, Durable Medical Equipment, Healthcare, Medicare

See All Updates »

My Advice? Pay Me!

Shopping for insurance can raise hard questions: How much coverage do I need? What types of risk should be covered? What must I do to get the maximum benefits allowed? Policyholders who get the wrong answers often end up in…more

Environmental Remediation Costs, Homeowner's Insurance, Property Insurance, Remediation

See All Updates »

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

See All Updates »

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for…more

Arrest, Cell Phones, Fourth Amendment, Mobile Devices, Riley v California

See All Updates »

AAA/ICDR Adopts New Optional Appellate Arbitration Rules

In a move that is bound to revolutionize both domestic and international arbitration, the American Arbitration Association ("AAA"), including its international arm, the International Centre for Dispute Resolution ("ICDR"), has…more

Arbitration, International Arbitration

See All Updates »

Legislature Amends Evidence Code Provisions Governing Admission Of Expert Testimony

The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the…more

Daubert Ruling, Depositions, Evidence, Expert Testimony, Kelly-Frye Test

See All Updates »

Trick or Treat? Halloween Meeting of NAIC's Contingent Deferred Annuity Working Group

During its October 31 conference call, the NAIC's Contingent Deferred Annuity (CDA) Working Group startled issuers and those considering issuing CDAs by reawakening a discussion on whether CDAs should contain nonforfeiture or…more

Annuities, CDAs, NAIC

See All Updates »

11th Affirms Dismissal of FDCPA Class Action Based on Law Firm Collection Letter

The Eleventh Circuit has affirmed the dismissal of a putative class action brought under the FDCPA, 15 USC § 1692, against a law firm for sending a letter to a homeowner in default. Specifically, the letter did the following..…more

Class Action, FDCPA, Mortgages, Putative Class Actions, Underwater Homeowners

See All Updates »

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No. 10-57008…more

"business rec, Accelerated Payments, Attorney's Fees, Commercial Property Owners, Foreclosure

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

Bitcoins, Virtual Currency

See All Updates »

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 »

Conflict In Fla. Regarding Premises Liability Law

On Feb. 26, 2014, Florida’s Fourth District Court of Appeal (West Palm Beach) certified a conflict with the Third District Court of Appeal (Miami) regarding whether Florida Statute § 768.0755, which governs premises liability…more

Actual or Constructive Knowledge, Business Torts, Publix, Slip and Fall

See All Updates »

National Union Prevails on $40 Million Coblentz Enforcement Action in D&O Case

On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held that…more

D&O Insurance, Development Agreements, Negligent Misrepresentation, Policy Exclusions, Real Estate Development

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

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 »

Louisiana Issues Advisory Letter Regarding Use of the Social Security Administration's Death Master File

On September 4, the Louisiana Department of Insurance issued Advisory Letter 2014-04 (the "Advisory") to advise all life and annuity insurers licensed in Louisiana regarding use of the Social Security Administration's Death…more

Annuities, Death Master Files, Life Insurance, Social Security, Social Security Adminstration

See All Updates »

Q&A With Carlton Fields Jorden Burt's David Burke

David P. Burke is a shareholder in the Tampa office of Carlton Fields Jorden Burt PA and chairman of the firm’s tax practice. Burke’s practice focuses on federal, state and international taxation planning and business planning;…more

Department of Revenue, IRS, State Taxes

See All Updates »

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

See All Updates »

Causation Experts Properly Excluded Where The “Leap From Data To Opinion Was Too Great”

In Hughes v. Kia Motors Corp., No. 13-10922, the Eleventh Circuit recently affirmed the district court’s exclusion of the plaintiff’s expert witness in a motor vehicle product liability case. Allene Hughes, the plaintiff’s…more

Automotive Industry, Car Accident, Causation, Daubert Standards, Expert Testimony

See All Updates »

Business Associates And HIPAA Compliance

Pursuant to HIPAA, business associates of health care organizations have until September 23, 2013 to become HIPAA-compliant. This alert sets forth the factors often used to determine whether a company will be considered a…more

Business Associates, Compliance, HIPAA

See All Updates »

Review: The Foreign Corrupt Practices Act in a New Era

Broadly speaking, the Foreign Corrupt Practices Act prohibits offering or paying anything of value to a foreign official to obtain or retain business. Recent years have seen a boom in FCPA compliance efforts and enforcement…more

Anti-Corruption, Chief Compliance Officers, Compliance, Corruption, FCPA

See All Updates »

Ask the Experts About Bad Faith; Just Be Careful How You Do It

In bad faith cases, juries must often decide if the way an insurer processed a claim lacked a “reasonable” basis. Courts have consistently held that experts can help—by explaining how a claim is supposed to be handled. The…more

Bad Faith, Expert Testimony, Expert Witness, Federal Rules of Evidence, Insurers

See All Updates »

Exaggeration of Counsel’s Class Action Experience Draws Rule 11 Sanction

New York District Court Judge Shira A. Scheindlin found class counsel’s allegation that they were experienced and competent was false because they could not provide any case in which they were certified as class counsel or…more

Class Action, False Statements, Rule 11, Sanctions

See All Updates »

Medical Malpractice Update - Spring 2013

I. 2013 Medical Malpractice Reform Legislation - In less than a month, the way medical malpractice cases are handled in Florida will change significantly…more

Doctor-Patient Privilege, Expert Witness, Healthcare, Insurers, Medical Malpractice

See All Updates »

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, DUI, FDCA, Food Labeling

See All Updates »

Early Preview of 2015 SEC Exam Priorities

The SEC continues to set its sights on certain types of funds that it believes may present a higher risk of conflict of interest and confusion in the way they are designed and marketed. After signaling earlier this year that it…more

Broker-Dealer, Conflicts of Interest, Investment Funds, Mutual Funds, Private Equity Funds

See All Updates »

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

See All Updates »

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 »

Tips for Reacting to an "In-Person" Public Records Request under Florida's Public Records Act

Under Florida's broad Public Records Act ("the PRA"), chapter 119, Florida Statutes, any person - whether an individual or a legal entity - can request access to or copies of public records in the custody of state agencies,…more

Public Records, Public Records Act, Request For Information

See All Updates »

Amendments To Florida Rule Of Judicial Administration On Public Access To Judicial Branch Records

On March 28, the Florida Supreme Court issued a decision adopting several proposed amendments to Florida Rule of Judicial Administration 2.420, Public Access to Judicial Branch Records. The amendments, which become effective May…more

Confidential Information, Judicial Records

See All Updates »

West Virginia Court Dismisses Lawsuits Challenging Life Insurers’ Unclaimed Death Benefits Practices

On December 27, 2013, a West Virginia court dismissed 63 separate lawsuits brought by the Treasurer of the State of West Virginia ("Treasurer") against life insurance companies doing business in West Virginia. The court upheld…more

Death Benefits, Life Insurance, Unclaimed Property

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

See All Updates »

2 New Cases Temper Post-Halliburton Expectations

In June of this year, the U.S. Supreme Court ruled that a defendant can rebut the presumption of reliance at the class certification stage of a securities fraud class action by showing that the alleged misstatement did not…more

Basic v Levinson, Class Action, Fraud, Fraud-on-the-Market, Halliburton

See All Updates »

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 »

To Raise or Not to Raise? That is the Question When Talking About Pre-Verdict Motions for Judgment as a Matter of Law

The specificity required in a motion for judgment as a matter of law/directed verdict (“JMOL”) can present challenges to counsel as they argue motions under Rule 50 or its state-law equivalents. Halo Electronics, Inc. v. Pulse…more

Directed Verdicts, Litigation Strategies, Motion for Judgment, Patent Infringement, Patent Litigation

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

Pitfalls Of The Verdict Form And The Two-Issue Rule

1. Florida’s “two-issue rule” generally holds that an appellant cannot show reversible error when an error relates to one claim or defense and the verdict does not reveal whether the appellee prevailed on that basis or another…more

Appeals, Jury Verdicts, Reversible Error, Two-Issue Rule

See All Updates »

Best Practices In Reducing Cost And Managing Risk In Class Action Litigation

Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in 2012,…more

Class Action, Legal Costs, Risk Mitigation

See All Updates »

Maryland Insurance Administration Prohibits Use of Price Optimization to Rate Property & Casualty Insurance Policies

On October 31, the Maryland Insurance Administration (MIA) issued Bulletin 14-23 (the "Bulletin") to property and casualty insurers. It prohibits the use of price optimization in setting rates for policies issued in Maryland…more

Casualty Insurance, Insurance Rates, Insurers, Property Insurance

See All Updates »

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

See All Updates »

How To Use Electronic Media To Access Accredited Investors Under The New SEC Rules

Effective September 23, 2013, pursuant to new SEC Rule 506(c), issuers of securities are allowed to reach “accredited investors” through general solicitation as long as they take adequate precautions to a) limit the offering to…more

Accredited Investors, Advertising, General Solicitation, JOBS Act, Marketing

See All Updates »

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 »

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, Employer-Administrators

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

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

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

Did We Designate a DMCA Agent for Our Website Yet?

Under the Digital Millennium Copyright Act (DMCA), a "service provider" (as defined by the DMCA) has a safe harbor against liability for copyright infringement if, inter alia, the service provider has designated a DMCA agent to…more

Copyright, Copyright Office, DMCA, Websites

See All Updates »

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 »

Leap of Bad Faith: TPAs May Be Sued for Aiding Their Own Actions

Insurers have a duty to process claims in good faith, but sometimes they farm the job out to third-party administrators (TPAs). If the TPA fouls up, many states hold that the insurer is still liable—for its own breach of duty,…more

Breach of Duty, Good Faith, Insurers, Popular, TPAs

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No. 10-57008…more

"business rec, Accelerated Payments, Attorney's Fees, Commercial Property Owners, Foreclosure

See All Updates »

Why Did I Receive an Administrative Processing Notice?

Administrative processing ensures that visa applicants are carefully screened before entering the United States. While the number of visa denials is very small, administrative processing adds additional delays to the consular…more

Administrative Hearings, Department of State, Visas

See All Updates »

The Affordable Care Act Comes Of Age

Since President Obama signed the Patient Protection and Affordable Care Act (ACA) in March 2010, various provisions of the law have taken effect. However, its core pieces become effective this year…more

Affordable Care Act, CMS, Health Insurance Exchanges, Healthcare, Healthcare Reform

See All Updates »

Legislation Reforms California’s Insurance Community Investment Program

On September 17, California Governor Jerry Brown signed into law legislation intended to reform the California Organized Investment Network (COIN) program. The COIN program is a partnership among the California Department of…more

COIN program, Community Development Entities, Insurers, New Legislation, Public-Private Partnerships

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

Congress Exempts Condominiums from ILSA Registration

Last night, the U.S. Senate unanimously approved S. 2101, which would amend the Interstate Land Sales Full Disclosure Act (ILSA) to exempt condominium developments from its registration requirements. The Senate version is…more

Condominiums, Exemptions, ILSA, Pending Legislation

See All Updates »

Well, That Seemed Exhausting: When Is an Excess Insurer Obligated to Post an Appellate Bond?

“You say to-may-toe; I say to-mah-toe,” or so the saying goes. According to the Eastern District of Pennsylvania in Charter Oak Insurance Company v. Maglio Fresh Food, No. 12-3967 (E.D. Penn. Sept. 9, 2014), the same can be…more

Appeals, Duty to Defend, Excess Policies, Indemnification, Liability Insurance

See All Updates »

Quick Reference Guide For Laws Governing Post-Employment Conduct - Fifty States At A Glance

In the first days after a key employee, or any employee with access to a company’s sensitive or proprietary business information, leaves to join a competitor, employers must quickly decide how to respond. In these situations,…more

Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements, Restrictive Covenants

See All Updates »

First Circuit Adopts Bright-Line Rule On CAFA Removal Trigger And Broadly Defines Other Paper

The First Circuit Court of Appeals recently held that the thirty-day time period for removal under CAFA is triggered when the plaintiffs’ complaint or plaintiffs’ subsequent other papers provide defendants with sufficient…more

Appeals, CAFA, Class Action, CVS, Employer Liability Issues

See All Updates »

Variable Annuities Still In The Crosshairs

For the first time in several years, variable annuities are not listed as a priority in FINRA’s annual letter of regulatory and examination priorities. The omission from the January 2, 2014, letter may be partly due to the…more

Annuities, Arbitration, FINRA, GAO, OCIE

See All Updates »

A Pilot’s Guide to FAA Enforcement Actions

A Federal Aviation Authority (FAA) enforcement action, which might be compared to a traffic ticket on the ground, can have grave consequences for a pilot. These include fines and suspension or revocation of the pilot’s medical…more

Aircraft Sales, Enforcement Actions, FAA, NASA, Pilots

See All Updates »

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 »

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

Bitcoins, Virtual Currency

See All Updates »

Supreme Court Helps Level The Playing Field For Patent Infringement Defendants

When facing a patent litigation threat, potential defendants have the option to seek a declaration that they are not infringing. Until recently, however, that strategy carried a hidden risk: the burden of proof on the…more

Medical Devices, Medtronic, Patent Infringement, Patent Litigation, Patents

See All Updates »

Florida: Note and Mortgage Still Enforceable After Dismissal of Foreclosure Action

Unsuccessful mortgage foreclosure actions have resulted in a new wave of "quiet title" lawsuits brought by borrowers attempting to have their notes and mortgages deemed void and unenforceable. However, the federal district and…more

Action to Quiet Title, Dismissals, Foreclosure, Mortgages

See All Updates »

Cat Bond Litigation: Unambiguous Bond Documents Cause Court To Dismiss With Prejudice Complaint Seeking to Claw Back Payments Made From a Cat Bond Reinsurance Trust

The United States District Court for the Southern District of New York has dismissed, with prejudice, claims relating to the triggering of the Mariah Re severe weather event cat bond. Mariah Re Ltd. v. American Family Mutual…more

Catastrophe Bonds, Clawbacks, Reinsurance

See All Updates »

Florida Legislature Repeals Longstanding Law On Terms Of Courts And Creates New Law Affecting Appellate Court’s Ability To Recall Mandate

In the 2013 legislative session, the Florida Legislature repealed the set of statutes that originated at the turn of the twentieth century setting terms of courts for all of Florida’s circuit courts, district courts of appeal,…more

Administrative Authority, Court Administration, Repeal

See All Updates »

Second Circuit Affirms District Court’s Denial of Certification of Class of Investors Alleging Common Law Fraud Under New York Law

The Second Circuit affirmed the district court’s denial of class certification of a class of investors based on the appellants’ failure to satisfy the numerosity and commonality requirements of Rule 23(a). Following the…more

Class Action, Fraud, Institutional Investment, Investors, Morgan Stanley

See All Updates »

Court Denies Motion to Remand, Rejecting Application of Home State and Local Controversy Exceptions to CAFA

The plaintiff filed a putative class action in Pennsylvania state court against two Pennsylvania defendants and one Virginia defendant, claiming that the defendants preyed on non-English speakers, illegally coercing them to…more

CAFA, Employer Liability Issues, Franchise Agreements, Home State Exception, Putative Class Actions

See All Updates »

Supreme Court Once Again Upholds Class Arbitration Waiver

On June 20, 2013, the United States Supreme Court issued its decision in American Express Co. v. Italian Colors Restaurant, holding that the Federal Arbitration Act (“FAA”) “does not permit courts to invalidate a contractual…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, AT&T Mobility

See All Updates »

Division I Athlete Commences Collective Action Seeking Pay For Play

A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to pay…more

Class Action, College Athletes, Colleges, FLSA, NCAA

See All Updates »

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No. 10-57008…more

"business rec, Accelerated Payments, Attorney's Fees, Commercial Property Owners, Foreclosure

See All Updates »

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party contractor’s…more

Construction Contracts, Construction Industry, Construction Workers, Contractors, Subcontractors

See All Updates »

Ask the Experts About Bad Faith; Just Be Careful How You Do It

In bad faith cases, juries must often decide if the way an insurer processed a claim lacked a “reasonable” basis. Courts have consistently held that experts can help—by explaining how a claim is supposed to be handled. The…more

Bad Faith, Expert Testimony, Expert Witness, Federal Rules of Evidence, Insurers

See All Updates »

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 »

An Inexpensive Alternative to Patent Litigation

The America Invents Act (AIA), passed in September 2011, provides additional procedures to challenge the validity of patents in the U.S. Patent and Trademark Office (USPTO). These “post grant” procedures are far less expensive…more

America Invents Act, Patent Litigation, Patent Reform, Patents, Post-Grant Review

See All Updates »

Ohio District Court Limits American Pipe Tolling Doctrine

The District Court for the Southern District of Ohio recently limited the American Pipe tolling doctrine in a fraud suit arising out of the sale of residential mortgage-backed securities (“RMBS”). Plaintiffs’ 2011 Ohio…more

American Pipe Tolling Doctrine, Putative Class Actions, RMBS, Securities Fraud, Statute of Repose

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

See All Updates »

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 »

Class Action Trial Preparation Overview: Formalities and Special Issues

As discussed in earlier posts, trying class actions shares nearly all the same issues, tasks, and risks as other complex trials, but with heightened complexity and risk. Courts, in an effort to efficiently try classwide claims,…more

Class Action, Complex Litigation, Corporate Counsel, Litigation Strategies

See All Updates »

Q&A With Carlton Fields' Seth Joseph

Seth P. Joseph is a shareholder in Carlton Fields Jorden Burt PA's Miami office, focusing his practice on securities and mergers & acquisitions, including both domestic and cross border assignments. He represents corporate…more

Acquisitions, Cross-Border, Mergers, Multinationals

See All Updates »

Hiring And Retaining Individuals With Criminal Histories

According to the Equal Employment Opportunity Commission, taking employment action based on an individual’s criminal history can amount to discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), particularly…more

Civil Rights Act, Criminal Background Checks, Discrimination, EEOC, Hiring & Firing

See All Updates »

Trick or Treat? Halloween Meeting of NAIC's Contingent Deferred Annuity Working Group

During its October 31 conference call, the NAIC's Contingent Deferred Annuity (CDA) Working Group startled issuers and those considering issuing CDAs by reawakening a discussion on whether CDAs should contain nonforfeiture or…more

Annuities, CDAs, NAIC

See All Updates »

The Top Three Unsettled Telephone Consumer Protection Act Issues

Since its 1991 inception, the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, has continuously evolved and expanded to regulate and impose liability for telemarketing, debt collection, unsolicited facsimiles, and…more

Do Not Call List, FCC, Robocalling, TCPA, Telemarketing

See All Updates »

Courts Find Removal Is Not Permitted Under CAFA Where Plaintiff Did Not Plead A Class Action Under Rule 23 Or Comparable State Rule

District Courts continue to shape the boundaries of CAFA jurisdiction in suits that are not pleaded as class actions. For example, the District Court for the Eastern District of Louisiana held that defendants could not…more

CAFA, Class Action, Jurisdiction, Mississippi ex rel. Hood v. AU Optronics, Removal

See All Updates »

Treasury Department and IRS Allow Lifetime Annuity Contracts as Investments by Target Date Funds

Last week, the IRS issued Notice 2014-66, providing a special rule that allows defined contribution pension plans to give participants a lifetime annuity income option by offering target date funds ("TDFs") that include deferred…more

Annuities, Deferred Private Annuities, Defined Contribution Plans, Investment Funds, IRS

See All Updates »

United States Tax Court Rules On Captive Insurance Arrangement

In 2003 and 2004, the Internal Revenue Service disallowed deductions taken by SHI Group, a subsidiary of the Swedish company Securitas AB, for insurance expenses related to a captive insurance arrangement established by…more

Captive Insurance Company, IRS, Self-Insurance

See All Updates »

United States Supreme Court Denies Certiorari in Case Involving Use of General Verdict

Monday, the United States Supreme Court denied certiorari in Khan v. Chowdhury, Case No. 13-1479. Notwithstanding the denial, this case is notable, as it highlights a recurring issue in preserving error for appeal: proposing the…more

Appeals, General Verdict Rule, Harmless Error, SCOTUS

See All Updates »

Guidance for Investment Advisers Using Proxy Advisory Firms

A recent SEC Staff Legal Bulletin provides important guidance for investment advisers that use proxy advisory firms in voting clients’ securities. Nevertheless, the Bulletin (dated June 30, 2014) leaves much unresolved…more

Compliance, Investment Adviser, Proxy Advisors, Proxy Voting Guidelines, SEC

See All Updates »

U.S. Supreme Court To Decide Standing Requirement To Bring False Advertising Claim

In certain states, only an actual competitor may bring a false advertising claim under the Lanham Act…more

False Advertising, Lanham Act, Lexmark, SCOTUS, Standing

See All Updates »

Q&A With Carlton Fields' Dave Leonard

Dave Leonard, a shareholder with Carlton Fields, has experience in civil litigation, arbitration and negotiation of disputes. Q: What is the most challenging case you have worked on and what made it…more

Contract Drafting, Contract Interpretation, Expert Testimony, Insurers, Law School

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, Liability, Malicious Prosecution, RESPA

See All Updates »

2014 Florida Legislative Post-Session Report

The 2014 Legislature came into session in early March and adjourned in early May. Florida lawmakers passed more than 260 bills, 26 of them applied only to local areas. One proposed amendment to the Florida Constitution was also…more

Legislative Agendas, Legislative Reports, Proposed Amendments

See All Updates »

Congress Exempts Condominiums from ILSA Registration

Last night, the U.S. Senate unanimously approved S. 2101, which would amend the Interstate Land Sales Full Disclosure Act (ILSA) to exempt condominium developments from its registration requirements. The Senate version is…more

Condominiums, Exemptions, ILSA, Pending Legislation

See All Updates »

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No. 10-57008…more

"business rec, Accelerated Payments, Attorney's Fees, Commercial Property Owners, Foreclosure

See All Updates »

What’s New In Risk Based Corrective Action In Florida?

Over the last several years, under the direction of Governor Rick Scott, the Florida Department of Environmental Protection (FDEP) has embarked on an aggressive program to streamline regulatory processes across program areas,…more

Contaminated Properties, Corrective Actions, Department of Environmental Protection, Environmental Policies

See All Updates »

Standing Committee Approves Proposed Revised Rule 37(e)

The Committee on Rules of Practice and Procedure (Standing Committee) recently approved a revised Rule 37(e), which is intended to establish greater uniformity in the ways federal courts respond to the loss of electronically…more

Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Proposed Amendments, Rule 37

See All Updates »

A Pleading Malfunction Dooms Malfunction Theory

White v. Mazda Motor of Am., Inc., 313 Conn. 610 (2014) - This case illustrates the importance of sufficiently pleading claims and defenses, and moving for leave to amend the pleadings if there is some question or doubt…more

Defense Strategies, Mazda, Pleading Standards, Pleadings

See All Updates »

Collection Practices Plaintiffs Try End Run Around Florida Punitive Damages Laws

In Florida, debtor-side attorneys are asserting a novel legal argument to bring punitive damages claims at an earlier stage, pursuant to the civil remedies section of Florida’s Consumer Collection Practices Act, Section 559.77,…more

Debt Collectors, Disallowance Defense, Punitive Damages

See All Updates »

End-of-Life Decision Making for Unborn and Newborn Infants

Introduction - Most expecting parents anticipate that having a baby will be one of the happiest moments of their lives, but some families are required to make difficult, heartbreaking decisions early on, sometimes even…more

Abortion, Healthcare, Planned Parenthood, Roe v Wade

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 »

Guidance for Employers Once Obama Issues Executive Order on Immigration

President Obama plans to announce an executive order regarding immigration reform tonight and sign the order in Las Vegas on Friday. The order is expected to protect approximately 5 million unauthorized immigrants from the…more

Barack Obama, DACA, Deportation, Executive Orders, I-9

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 »

California District Court Certifies TCPA Class Against Defaulted Defendant

The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received…more

Class Action, Class Certification, FCC, TCPA

See All Updates »

California Law on Arbitration Changes... Again

The California Supreme Court today confirmed the validity of an employee’s waiver of the right to bring a class action contained in an arbitration agreement. That’s the good news. However, the court also held that these…more

Arbitration, Class Action, Class Action Arbitration Waivers, Employment Contract, Federal Arbitration Act

See All Updates »

Q&A With Carlton Fields' Kevin Napper

Kevin J. Napper is a shareholder in Carlton Fields' Tampa, Fla., office. He has practiced in the areas of white collar criminal defense, governmental investigations, internal investigations, and complex civil trial law for more…more

Compliance, DOJ, FCPA, SEC, White Collar Crimes

See All Updates »

Legislation Reforms California’s Insurance Community Investment Program

On September 17, California Governor Jerry Brown signed into law legislation intended to reform the California Organized Investment Network (COIN) program. The COIN program is a partnership among the California Department of…more

COIN program, Community Development Entities, Insurers, New Legislation, Public-Private Partnerships

See All Updates »

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No. 10-57008…more

"business rec, Accelerated Payments, Attorney's Fees, Commercial Property Owners, Foreclosure

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 »

Post-Hobby Lobby Questions Remain About the Scope of Corporate Religious Freedom

The U.S. Supreme Court upheld a challenge to regulations mandating that employers provide contraceptive coverage for their employees. In Burwell v. Hobby Lobby Stores, Inc., the Court found the regulations promulgated by the…more

Affordable Care Act, Contraceptive Coverage Mandate, Free Exercise, Healthcare, HHS

See All Updates »

How To Use Electronic Media To Access Accredited Investors Under The New SEC Rules

Effective September 23, 2013, pursuant to new SEC Rule 506(c), issuers of securities are allowed to reach “accredited investors” through general solicitation as long as they take adequate precautions to a) limit the offering to…more

Accredited Investors, Advertising, General Solicitation, JOBS Act, Marketing

See All Updates »

Responding to a Grand Jury Subpoena

Federal prosecutors use the grand jury, which consists of 16 to 23 jurors who operate in secrecy, to decide whether to charge someone with a serious crime. To further its investigation, the grand jury issues subpoenas—at first,…more

Criminal Prosecution, Grand Juries, Indictments, Subpoenas

See All Updates »

California District Court Certifies TCPA Class Against Defaulted Defendant

The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received…more

Class Action, Class Certification, FCC, TCPA

See All Updates »

The Pros and Cons of Client Proffer Letters: Should You Talk to the Government?

During white collar criminal investigations, federal prosecutors may try to use client proffer letters (also known as client proffer agreements) to get information from individuals who are under investigation, or from witnesses…more

Criminal Prosecution, Federal Prosecutors, Proffer Agreement, Witnesses

See All Updates »

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 »

Life Insurer Prevails in First Circuit Appeal in ERISA Class Action Challenging Retained Asset Accounts

In a unanimous panel decision, the U.S. Court of Appeals for the First Circuit reversed a trial court’s ruling that the defendant, Unum Life Insurance Company of America (Unum), had breached fiduciary duties under the Employee…more

Class Action, ERISA, Life Insurance, Retained Asset Accounts

See All Updates »

National Union Prevails on $40 Million Coblentz Enforcement Action in D&O Case

On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held that…more

D&O Insurance, Development Agreements, Negligent Misrepresentation, Policy Exclusions, Real Estate Development

See All Updates »

Appeals Court Vacates Order Granting Motion To Stop Arbitration

In Milan Express Co., Inc. v. Applied Underwriters Captive Risk Assur. Co., Inc., No. 14-5193 (6th Cir. Oct. 24, 2014), the Sixth Circuit Court of Appeals vacated the district court’s order granting plaintiff’s motion to stop…more

Appeals, Arbitration, Insurers

See All Updates »

Treasury And IRS Provide Guidance For Same-Sex Married Couples - What Same-Sex Couples Need To Know

The IRS and the U.S. Department of the Treasury announced on August 29, 2013, that same-sex couples who validly enter into a marriage in a jurisdiction whose laws authorize the marriage of two individuals of the same sex will be…more

DOMA, Employee Benefits, IRS, Marriage, Same-Sex Marriage

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

In Construction Disputes, Tell the Story

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

Construction Disputes, Litigation Strategies

See All Updates »

POM v. Coca-Cola Further Dilutes Consumer Class Action Claims for Deceptive Labeling

The Supreme Court's recent decision in POM Wonderful LLC v. Coca-Cola Company could have redefined the consumer class action landscape with respect to claims for the deceptive labeling of food products. Instead, the decision…more

Advertising, Class Action, Coca Cola, False Advertising, FDA

See All Updates »

A Unilateral Scrivener’s Error Can Reflect a Mutual Mistake Requiring Policy Reformation (or, Don’t Expect $20 Million in Additional Coverage Without Paying Additional Premium)

October 29 marked the second anniversary of Superstorm Sandy’s assault on New York and New Jersey. Although the insurance litigation arising from this storm is just beginning, we have already seen a number of decisions out of…more

Flood Insurance, Flooding, Hurricane Sandy, Natural Disasters, Policy Limits

See All Updates »

Choosing A Trademark That Won’t Buy You A Lawsuit

In my last blog post for i-Sight, we discussed choosing a trademark for your company’s new product that lets you walk and chew gum at the same time, releasing millions of uncoordinated people from the embarrassment of having to…more

Trademark Searches, Trademarks

See All Updates »

Magistrate Permits Defendants to Depose 196 Absent Class Members

In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent…more

Class Action, Discovery, Employer Liability Issues, Unpaid Overtime, Wage and Hour

See All Updates »

AAA/ICDR Adopts New Optional Appellate Arbitration Rules

In a move that is bound to revolutionize both domestic and international arbitration, the American Arbitration Association ("AAA"), including its international arm, the International Centre for Dispute Resolution ("ICDR"), has…more

Arbitration, International Arbitration

See All Updates »

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in this…more

Class Action, Class Certification, Corporate Counsel, Litigation Strategies, Outside Counsel

See All Updates »

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party contractor’s…more

Construction Contracts, Construction Industry, Construction Workers, Contractors, Subcontractors

See All Updates »

First Circuit Adopts Bright-Line Rule On CAFA Removal Trigger And Broadly Defines Other Paper

The First Circuit Court of Appeals recently held that the thirty-day time period for removal under CAFA is triggered when the plaintiffs’ complaint or plaintiffs’ subsequent other papers provide defendants with sufficient…more

Appeals, CAFA, Class Action, CVS, Employer Liability Issues

See All Updates »

Data Collection Under The Sunshine Act

Data collection requirements under the Physician Payment Sunshine Act commenced August 1, 2013. This provision of the Patient Protection and Affordable Care Act and the corresponding regulations require an entity that is engaged…more

Affordable Care Act, CMS, Compliance, Healthcare, HHS

See All Updates »

Treasury And IRS Provide Guidance For Same-Sex Married Couples - What Same-Sex Couples Need To Know

The IRS and the U.S. Department of the Treasury announced on August 29, 2013, that same-sex couples who validly enter into a marriage in a jurisdiction whose laws authorize the marriage of two individuals of the same sex will be…more

DOMA, Employee Benefits, IRS, Marriage, Same-Sex Marriage

See All Updates »

Q&A With Carlton Fields' Brian Rosner

Brian Rosner is a shareholder in Carlton Fields' New York office. Q: What is the most challenging case you have worked on and what made it challenging? Originally Published in Law360, New York - April 29, 2013…more

Billing, Litigation Strategies, Securities Fraud

See All Updates »

Construction Case Law Update - October 2014 #3

Insurance, Sinkhole litigation -- Neither “Concealment or Fraud” nor “Duties After Loss” provision in homeowner’s insurance policy required insured to provide insurer with expert’s sinkhole damage analysis solicited by insured…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Homeowner's Insurance

See All Updates »

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 »

Fifth District Reinstates Judgment Of Adoption

On May 21, 2014, the Fifth District Court of Appeal released: In the Matter of the Adoption of D.P.P., No. 5D13-1766 (Fla. 5th DCA May 21, 2014) (Not final until disposition of timely filed motion for rehearing), reversing an…more

Adoption

See All Updates »

A Pleading Malfunction Dooms Malfunction Theory

White v. Mazda Motor of Am., Inc., 313 Conn. 610 (2014) - This case illustrates the importance of sufficiently pleading claims and defenses, and moving for leave to amend the pleadings if there is some question or doubt…more

Defense Strategies, Mazda, Pleading Standards, Pleadings

See All Updates »

Class Actions: Effective Partnering Between Inside And Outside Counsel

The following series of blog posts were excerpted from the class actions chapter of Successful Partnering Between Inside and Outside Counsel, a multi-volume treatise that is a joint project of West and the Association of…more

Class Action, Complex Litigation, Corporate Counsel, Litigation Strategies, Outside Counsel

See All Updates »

Court Denies Motion To Compel Production Of Documents Relating To Reinsurance Coverage

A federal district court has denied that part of an insured’s motion seeking to compel the insurer to produce all documents relating to its reinsurance coverage. The court ordered the production of the reinsurance agreements…more

Document Productions, Insurers, Motion to Compel, Reinsurance

See All Updates »

Special Edition: Title Insurance Regulatory and Legislative Update

New York Title Insurance Agent Licensing Statute: Business entities and individuals who meet the conditions set forth in New York Insurance Law section 2101(y)(1) are required to become licensed. Business entity licensees must…more

Licensing Rules, Mineral Rights, NAIC, Title Insurance

See All Updates »

Personal Injury: Defendants May Conduct Multiple Independent Medical Examinations With Good Cause

Gomez v. Rendon, No. 3D12-1105, 2013 WL 1316439 (Fla. 3d DCA April 3, 2013) - When a personal injury plaintiff’s physical condition is in controversy, and it changes substantially after the defendant conducts an…more

Medical Examinations, Medical Records, Notice for Independent Medical Exam

See All Updates »

Division I Athlete Commences Collective Action Seeking Pay For Play

A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to pay…more

Class Action, College Athletes, Colleges, FLSA, NCAA

See All Updates »

Second Circuit Affirms District Court’s Denial of Certification of Class of Investors Alleging Common Law Fraud Under New York Law

The Second Circuit affirmed the district court’s denial of class certification of a class of investors based on the appellants’ failure to satisfy the numerosity and commonality requirements of Rule 23(a). Following the…more

Class Action, Fraud, Institutional Investment, Investors, Morgan Stanley

See All Updates »

In Opposing Global Capital Standards for International Insurers, NCOIL Roils Domestic Industry

In July, the International Association of Insurance Supervisors (IAIS), a membership organization that represents insurance regulators and supervisors in more than 100 countries, released for public consultation a set of…more

G-SII, IAIS, Insurers

See All Updates »

Magistrate Permits Defendants to Depose 196 Absent Class Members

In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent…more

Class Action, Discovery, Employer Liability Issues, Unpaid Overtime, Wage and Hour

See All Updates »

Get Exhausted! The Tenth Circuit Schools an Excess Insurer on How to Preserve Subrogation Claims in a Settlement

Claims against insured businesses sometimes implicate multiple liability policies issued by several different carriers, and it is sometimes prudent for some of those carriers to settle the underlying action, even if others are…more

Commercial General Liability Policies, Excess Policies, Settlement, Subrogation

See All Updates »

Review: The Foreign Corrupt Practices Act in a New Era

Broadly speaking, the Foreign Corrupt Practices Act prohibits offering or paying anything of value to a foreign official to obtain or retain business. Recent years have seen a boom in FCPA compliance efforts and enforcement…more

Anti-Corruption, Chief Compliance Officers, Compliance, Corruption, FCPA

See All Updates »

Congress Exempts Condominiums from ILSA Registration

Last night, the U.S. Senate unanimously approved S. 2101, which would amend the Interstate Land Sales Full Disclosure Act (ILSA) to exempt condominium developments from its registration requirements. The Senate version is…more

Condominiums, Exemptions, ILSA, Pending Legislation

See All Updates »

Number Of Employees As An Element Of Florida’s Private Sector Whistle-Blower Act: Guidance From Federal Employment Case Law

This article discusses a potential pitfall or opportunity for parties litigating a claim under the private sector Florida Whistle-blower Act (“FWA”), §§ 448.101, Fla. Stat., et seq. The FWA applies only to employers who employ…more

Retaliation, Small Business, Whistleblower Protection Policies, Whistleblowers

See All Updates »

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No. 10-57008…more

"business rec, Accelerated Payments, Attorney's Fees, Commercial Property Owners, Foreclosure

See All Updates »

NAIC Unclaimed Life Insurance Benefits Working Group Recommends Development of Model Law and Comment Letter to Uniform Law Commission

On September 17, 2014, the NAIC's Unclaimed Life Insurance Benefits (A) Working Group (Working Group) discussed its recommendations to the Life Insurance and Annuities (A) Committee (the (A) Committee) concerning unclaimed death…more

Life Insurance, NAIC, Proposed Legislation, Unclaimed Life Insurance Benefits Act

See All Updates »

In for One, and Only One – Title Insurers’ Limited Duty to Defend

If you’ve read an insurance coverage case, you’ve probably heard the phrase "in for one, in for all." Sometimes referred to as the "complete defense rule," this old saw is used to force liability insurers to defend their…more

Duty to Defend, Title Insurance

See All Updates »

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face Increased…more

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

Claims Handlers: It’s Time to Adjust Our Claims!

Many insurers have a longstanding practice of paying claims adjusters a set weekly salary, regardless of the number of hours they actually work. The practice has support in federal labor regulations; the regulations expressly…more

Claims Adjusters, Employer Liability Issues, Exempt-Employees, Farmers Insurance, FLSA

See All Updates »

Northern District of California Grants Certification of Antitrust Class in 15 of 16 Jurisdictions Pursuant to Dukes and Comcast; Declines to Certify One Class Due to Lack of Class Representative

In a recent case in the United States District Court for the Northern District of California, plaintiffs brought a putative class action against various defendants involved in milk production, alleging they violated the…more

See All Updates »

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in this…more

Class Action, Class Certification, Corporate Counsel, Litigation Strategies, Outside Counsel

See All Updates »

Eleventh Circuit Reverses District Court on Application of Noneconomic Damages Cap

Yesterday, the Eleventh Circuit issued an order in Estate of McCall v. USA reversing the district court’s order applying the noneconomic damages cap. The Eleventh Circuit remanded the case for further proceedings consistent with…more

Damage Caps, Tort Claims Act, Wrongful Death

See All Updates »

Cut! Eighth Circuit Excludes Non-Board Member from CGL Coverage for “Directors”

Directors and Officers liability policies are typically precise in defining the job descriptions of the individuals to whom they offer coverage. Recently, in United Fire & Cas. Ins. Co. v. Thompson, No. 13-2352 (8th Cir. July…more

Board of Directors, Commercial General Liability Policies, Directors

See All Updates »

Motions In Limine, Contemporaneous Objections, And The Need To Adequately Preserve The Record

Does your motion in limine sufficiently preserve your objection to the introduction of evidence at trial, or do you need to be on your toes to make a contemporaneous objection at trial? A recent Illinois decision illustrates…more

Federal Rules of Civil Procedure, Motions in Limine, Objection Procedures, Record Preservation

See All Updates »

Governor Signs Priority Legislation Amending Florida's Ethics Regulation & Campaign Finance Laws

Without waiting for the last days of the 2013 Legislative Session, the Florida House and Senate sent two bills to Governor Rick Scott concerning changes to Florida’s Campaign Finance laws and its Code of Ethics for Public…more

Campaign Finance Reform, Ethics, New Legislation

See All Updates »

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party contractor’s…more

Construction Contracts, Construction Industry, Construction Workers, Contractors, Subcontractors

See All Updates »

Life Insurer Prevails in First Circuit Appeal in ERISA Class Action Challenging Retained Asset Accounts

In a unanimous panel decision, the U.S. Court of Appeals for the First Circuit reversed a trial court’s ruling that the defendant, Unum Life Insurance Company of America (Unum), had breached fiduciary duties under the Employee…more

Class Action, ERISA, Life Insurance, Retained Asset Accounts

See All Updates »

National Union Prevails on $40 Million Coblentz Enforcement Action in D&O Case

On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held that…more

D&O Insurance, Development Agreements, Negligent Misrepresentation, Policy Exclusions, Real Estate Development

See All Updates »

To Raise or Not to Raise? That is the Question When Talking About Pre-Verdict Motions for Judgment as a Matter of Law

The specificity required in a motion for judgment as a matter of law/directed verdict (“JMOL”) can present challenges to counsel as they argue motions under Rule 50 or its state-law equivalents. Halo Electronics, Inc. v. Pulse…more

Directed Verdicts, Litigation Strategies, Motion for Judgment, Patent Infringement, Patent Litigation

See All Updates »

Courts Continue To Wrestle With TCPA Consent

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phones using automatic telephone dialing systems or prerecorded voice messages absent the called party’s prior express consent. Text messages are…more

Cell Phones, Mobile Devices, Prior Express Consent, TCPA, Text Messages

See All Updates »

Q&A With Carlton Fields' Jim Walker

James Walker IV is a shareholder in Carlton Fields Jorden Burt PA's Atlanta office and co-chairman of the firm’s technology industry group. His practice is focused on representing companies and investment funds in complex…more

Acquisitions, Capital Markets, Divestiture, Joint Venture

See All Updates »

Eleventh Circuit Reverses District Court on Application of Noneconomic Damages Cap

Yesterday, the Eleventh Circuit issued an order in Estate of McCall v. USA reversing the district court’s order applying the noneconomic damages cap. The Eleventh Circuit remanded the case for further proceedings consistent with…more

Damage Caps, Tort Claims Act, Wrongful Death

See All Updates »

OMG! I Have To Produce What? 4 Steps To Tipping The Field With Social Media

Not every widower mourns by partying with several young women. And most of those who soothe their pain with a couple cold ones and a few warm shoulders to cry on don’t commemorate the occasion with a Facebook photo. But a few…more

Discovery, Document Productions, Social Media

See All Updates »

Courts Continue To Wrestle With TCPA Consent

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phones using automatic telephone dialing systems or prerecorded voice messages absent the called party’s prior express consent. Text messages are…more

Cell Phones, Mobile Devices, Prior Express Consent, TCPA, Text Messages

See All Updates »

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 »

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 »

Wage And Hour Lawsuits Pose An Ongoing Threat

Wage and hour cases continue to flood the courts. During the yearlong period ending March 31, 2014, approximately 8,126 lawsuits were filed seeking relief under the federal Fair Labor Standards Act. In the prior year, the number…more

Compliance, Corporate Counsel, DOL, Employer Liability Issues, FLSA

See All Updates »

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in this…more

Class Action, Class Certification, Corporate Counsel, Litigation Strategies, Outside Counsel

See All Updates »

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market…more

See All Updates »

Court Grants Motion to Strike Class Allegations

In granting a recent motion to strike class allegations, the Northern District of Illinois made two notable observations about such motions: first, they are not disfavored, but rather an appropriate device for determining…more

Class Action, Employer Liability Issues, FLSA, Motion To Strike, Putative Class Actions

See All Updates »

Resolving the Judicial Manager/Judicial Judge Debate: So What Would Help? Part 4 of a 4-part series

Make meaningful the provisions for summary judgment and motions to dismiss for failure to state a claim. The federal courts have moved in that direction with plausibility requirements for pleadings, and their reversion to much…more

Case Management, Judges, Motion to Dismiss, Summary Judgment

See All Updates »

Florida: Note and Mortgage Still Enforceable After Dismissal of Foreclosure Action

Unsuccessful mortgage foreclosure actions have resulted in a new wave of "quiet title" lawsuits brought by borrowers attempting to have their notes and mortgages deemed void and unenforceable. However, the federal district and…more

Action to Quiet Title, Dismissals, Foreclosure, Mortgages

See All Updates »

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 10 & October 17, 2014

REAL PROPERTY CASES - - Sinkhole Loss/Statute of Limitations: homeowners’ lawsuit was barred by the one-year statute of limitations, even though lawsuit was filed promptly after FIGA processed the claim and made a payment…more

FIGA, Homeowner's Insurance, Property Damage, Property Insurance, Title Insurance

See All Updates »

Arbitration Denied In Mortgage Life Insurance Dispute Where Neither Note Nor Policy Referenced Arbitration Agreement

A court refused to compel arbitration in a dispute surrounding the cancellation of and failure to pay life insurance benefits under a debtor group life insurance policy. The relevant note and insurance policy did not contain an…more

Arbitration, Life Insurance, Mortgages, Motion to Compel

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

See All Updates »

National Union Prevails on $40 Million Coblentz Enforcement Action in D&O Case

On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held that…more

D&O Insurance, Development Agreements, Negligent Misrepresentation, Policy Exclusions, Real Estate Development

See All Updates »

Registration Relief for Some Delegating CPOs

In May, the Commodity Futures Trading Commission (CFTC) staff announced a streamlined process that allows persons seeking no-action relief to avoid registering as commodity pool operators (CPOs). They must, however, designate…more

CFTC, Commodity Pool, CPOs, No-Action Relief

See All Updates »

Lines Drawn In Tesla Direct Sales Battle

Elon Musk's battle to sell Teslas directly to consumers continues. In the last five months, the governors and legislatures of Pennsylvania and New Jersey and, now, even the White House, have taken stands on whether or not Tesla…more

Auto Manufacturers, Automotive Industry, Car Dealerships, Direct Sales, Elon Musk

See All Updates »

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
Other Countries
Number of Attorneys

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.