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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Individualized Inquiries and Difficulties Identifying Class Members Doom Title Insurance Reissue Rate Class Action

The District Court of Idaho recently decertified a title insurance reissue rate class action, finding the initial justifications for class certification have “not withstood the test of time.” Under the Idaho Rate Manual,…more

Class Action, Class Certification, First American Title Insurance Co., Insurance Industry, Reinsurance

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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

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Jump in Credit Scores Means Dip in Underwriting Predictability

Underwriters that rely on popular credit-scoring models like FICO and VantageScore to assess risk may have noticed that some consumer credit scores jumped recently. The nationwide credit reporting agencies, Equifax Inc.,…more

Consumer Bankruptcy, Consumer Credit Protection, Credit Reporting Agencies, Credit Reports, Equifax

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New Partnership Audit Rules – Plan Ahead Before the Tax Bill Arrives

A new set of rules for partnership audits (New Audit Rules), which generally take effect January 2018, fundamentally alter the manner in which the Internal Revenue Service (IRS) will conduct audits of partnerships, multi-member…more

Audits, Bipartisan Budget, Business Taxes, IRS, Limited Liability Company (LLC)

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A Category 5 Compliance Problem: Hurricane Irma Gives Providers a Stark Reminder of Emergency Preparedness Realities

The havoc that Hurricane Irma caused in the Caribbean and most of Florida reminds us of the Centers for Medicare and Medicaid Services (CMS) requirements for emergency preparedness, which take effect November 15…more

CMS, Emergency Management Plans, Health Care Providers, Hurricane Irma, Medicaid

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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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Second Circuit Martoma Ruling, Affirming Tippee’s Conviction, Backtracks on Newman, and Adds Yet More Uncertainty to Ever-Evolving Insider Trading Law

Last week's dueling Second Circuit opinions in United States v. Martoma – Chief Judge Katzman’s 37-page majority opinion and Judge Pooler vigorous 44-page dissent – once again transformed insider trading law. In the aftermath of…more

Breach of Duty, Dirks v SEC, Fiduciary Duty, Illegal Tipping, Insider Trading

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Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium built…more

Action to Quiet Title, Ad Valorem Tax, Attorney's Fees, Banking Sector, Consumer Bankruptcy

See all updates »

NAIC Cybersecurity Working Group Votes to Approve Insurance Data Security Model Law

The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Working Group (Cybersecurity WG) approved Version 6 (Finalized) of its Insurance Data Security Model Law (Model) on August 7 at the NAIC Summer 2017…more

Cybersecurity, Cybersecurity Framework, Data Protection, Data Security, Insurance Industry

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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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Florida Adopts New Life Insurance Notice Requirement for Changes in Policy "Status"

On June 26, 2016, a new Florida Statute (Section 626.99292) was signed into law, effective immediately, which imposes problematic policyholder notice requirements on life insurers. The new notice requirements were added by…more

Florida, Insurance Industry, Life Insurance, Notice Requirements

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SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPERS v. ANZ Securities, Inc.

We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times, most recently following the Ninth Circuit’s Resh decision last month. Under American Pipe,…more

American Pipe & Construction Co. v. Utah, CalPERS v ANZ Securities, Class Action, Equitable Tolling, Pension Funds

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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

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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

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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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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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Hurricane Harvey: Insurance Statutes and Regulations

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

Claims Adjusters, Hurricane Harvey, Insurance Claims, Insurance Industry, Insurance Litigation

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Second Circuit Enforces Arbitration Agreement In Favor Or Non-Party Whose Agent Entered Into That Agreement

The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement that he signed did not…more

Arbitration, Arbitration Agreements, Carnival Cruise Lines, Employment Contract, Employment Litigation

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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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Hurricane Harvey: Insurance Statutes and Regulations

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

Claims Adjusters, Hurricane Harvey, Insurance Claims, Insurance Industry, Insurance Litigation

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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

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Collateral Attacks on Class Resolutions

In 1940, Hansberry v. Lee, 311 U.S. 32 (1940), established the basic constitutional foundation for the class action device: Members of a class who are not parties to the litigation may only be bound by a judgment in the…more

Class Action, Class Certification, Class Members, Class Representatives, Collateral Review

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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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Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy

Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a causal…more

Bad Faith, Bodily Injury, Breach of Contract, Carbon Monoxide Exposure, Declaratory Judgments

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New HHS Cybersecurity Preparedness Checklist

The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates through an appropriate response to a ransomware or cybersecurity…more

Breach Notification Rule, Covered Entities, Cybersecurity, Data Protection, Emergency Response

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The Shared Economy

Before discussing how and whether the shared economy should be regulated and litigation involving the shared economy, it is important to first define what we mean by the “shared economy”. Shared economy is an economic model in…more

Regulatory Oversight, Sharing Economy, Subsequent Litigation, Uber, Unfair Competition

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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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Navigating Florida Property Coverage Waters After Hurricane Irma

As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent causation,…more

Assignment of Benefits (AOB), Farms, Fire Damage, Flood Insurance, Florida

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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

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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

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NAIC Cybersecurity Working Group Votes to Approve Insurance Data Security Model Law

The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Working Group (Cybersecurity WG) approved Version 6 (Finalized) of its Insurance Data Security Model Law (Model) on August 7 at the NAIC Summer 2017…more

Cybersecurity, Data Protection, Financial Services Industry, Information Security, Insurance Industry

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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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Business Continuity and Disaster Recovery Checklist

Threats to your business operations come in many forms, including natural disasters that risk life and property such as the historic flooding from Hurricane Harvey in Texas, the risks from Hurricane Irma, or this summer's…more

Business Continuity Plans, Disaster Preparedness, Emergency Management Plans, Risk Management

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Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for…more

Auto Insurance, Breach of Contract, Breach of Duty, Car Accident, Denial of Insurance Coverage

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The Ins and Outs of Appellate Statements of Jurisdiction: How to Avoid Common Mistakes

Though Statements of Jurisdiction may seem like a simple part of an appellate brief, parties often make mistakes in drafting jurisdictional statements. In fact, the U.S. Court of Appeals for the Seventh Circuit recently wrote:…more

Appellate Briefs, Jurisdiction, Litigation Strategies, Preservation of Rights, Young Lawyers

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FINRA Moves to Protect Seniors and Other Vulnerable Persons

FINRA has taken another step to protect against what it calls "financial exploitation of vulnerable individuals or individuals with diminished capacity." These include seniors (at least age 65) and persons (at least age 18) with…more

Diminished Capacity, Disciplinary Proceedings, Elder Issues, Exploitation, Financial Institutions

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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

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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, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium built…more

Action to Quiet Title, Ad Valorem Tax, Attorney's Fees, Banking Sector, Consumer Bankruptcy

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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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The SEC Addresses Initial Coin Offerings

On July 25, 2017, the Securities and Exchange Commission (SEC) issued a Report of Investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934 (Report) and an Investor Bulletin: Initial Coin Offerings…more

Blockchain, Digital Currency, Distributed Ledger Technology (DLT), Financial Markets, Initial Coin Offering (ICOs)

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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

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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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Hurricane Harvey: Insurance Statutes and Regulations

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

Claims Adjusters, Hurricane Harvey, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

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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“Arising” tide for insurers: 11th Circuit takes expansive view of Prior Acts Exclusion

Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period. This is a fundamental difference between claims-made and occurrence policies. But the…more

Bad Faith, Claims Made Policy, Denial of Insurance Coverage, Florida, Fraudulent Transfers

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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

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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

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Court Compels Discovery, Awards Sanctions In Dispute Over Whether Reinsurance Arbitration Clause Applies

In 2011, Top’s Personnel entered into a reinsurance agreement with Applied Underwriters Captive Risk Assurance Company (“AUCRA”), and several years later executed a promissory note (“the Note”) in favor of a related entity,…more

Arbitration, Arbitration Agreements, Attorney's Fees, Breach of Contract, Consumer Contracts

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Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of Damages

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to an…more

All-Risks Insurance, Breach of Contract, Continuous Trigger Theory, Damages, Denial of Insurance Coverage

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Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium built…more

Action to Quiet Title, Ad Valorem Tax, Attorney's Fees, Banking Sector, Consumer Bankruptcy

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

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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

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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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Shot Through the Heart, But the Excess Carrier Isn’t to Blame: Georgia Federal Court Finds Policy’s Broad Firearms Exclusion Bars Coverage

On June 1, 2017, the U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis…more

AIG, Bad Faith, Breach of Contract, Denial of Insurance Coverage, Firearms

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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

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Nevada Securities Act Amendments – What’s Next?

Over the summer, much was written about amendments to the Nevada Securities Act provisions governing financial planners, which became effective July 1, after being signed by the Governor on June 2…more

Fiduciary Duty, Financial Planning, Financial Services Industry, Insurance Industry, Investment

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Your Apps May Be Selling You Out

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via the…more

Advertising, Browser History Sniffing, Cookies, Data Collection, Google

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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

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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

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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 »

Telecom Carriers to Block Spoofed Calls From Reaching Consumers

On August 3, the FCC proposed an $82 million fine against a company and its individual owner/operator for making millions of illegally spoofed “robocalls” to consumers across the country. According to the FCC News Release,…more

Call Blocking, Enforcement Actions, FCC, Fines, Robocalling

See all updates »

The Uncertainties Of Prognostications Of The Impact Of Hurricanes Harvey And Irma On Catastrophe Bonds

We have rarely provided our opinions or market commentaries in our Reinsurance Focus posts, preferring instead to provide our readers hopefully balanced analyses of court opinions, legislation, and regulations affecting the…more

Catastrophe Bonds, Financial Services Industry, Hurricane Harvey, Hurricane Irma, Insurance Industry

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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 »

When in Doubt, Assume the Earliest Possible Deadline

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case. In…more

Appeals, Dismissal With Prejudice, Dukes v Wal-Mart, Filing Deadlines, Litigation Strategies

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 »

Fifth Circuit Vacates Settlement Approval in ERISA Class Action, Remanding With Instructions to Reexamine the Legitimacy of Promised Future Payments

The Fifth Circuit recently vacated a class action settlement that included unsecured and uncollateralized future payments to the plaintiffs, while providing a swift and complete payout of fees to class counsel. The case…more

Abuse of Discretion, Attorney's Fees, Class Action, Defined Benefit Plans, Employee Benefits

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, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium built…more

Action to Quiet Title, Ad Valorem Tax, Attorney's Fees, Banking Sector, Consumer Bankruptcy

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 »

Fifth Circuit Reverses Mississippi District Court’s Interpretation of “Ambiguous” Language to Nullify Defense Within Limits Coverage

Insurance policies that include the cost of defending a particular claim or action within the policy’s limit of liability, often referred to as “burning,” “eroding,” or “defense within” limits policies, are common in the…more

Employee Benefits, Fiduciary Duty, Insurance Industry, Liability Insurance, Limitation of Liability Clause

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 »

Honeycutt v. United States: Mandated Criminal Asset Forfeiture Receives Clear Limitation — Joint and Several Forfeiture Liability Rejected

Introduction - On June 5, the United States Supreme Court issued a unanimous opinion in Honeycutt v. United States, No. 16-142, 581 U.S. ___ (2017), narrowing the scope of federal criminal asset forfeiture for drug offenses…more

Appeals, Criminal Investigations, Forfeiture, Forfeiture Statutes, Honeycutt v. United States

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 »

Eleventh Circuit Affirms Summary Judgment or Insurer in STOLI Case

In Sun Life Assur. Co. of Canada v. U.S. Bank Nat. Ass’n, the Eleventh Circuit recently clarified that where a life insurance policy lacks an insurable interest at its inception and is thus void ab initio, prejudgment interest…more

Appeals, Banking Sector, Consumer Financial Products, Declaratory Judgments, Financial Services Industry

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 »

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium built…more

Action to Quiet Title, Ad Valorem Tax, Attorney's Fees, Banking Sector, Consumer Bankruptcy

See all updates »

The DOL Fiduciary Rule: Charting a Course, Avoiding Collisions & Potential Litigation Q&A #2 - Q&As on Annuity Sales Practices, ‘Investment Advice’ and Litigation

Last month, we wrote about potential litigation issues under the “revised temporary” DOL Rule involving the offer and sale of annuities in the IRA market. This paper continues that discussion. I emphasize to the reader that the…more

Annuities, Best Interest Contract Exemptions, Breach of Duty, Class Action, Consumer Financial Products

See all updates »

New York Adopts Non-Guaranteed Elements Rule For Life Insurance And Annuity Products

On September 19, the New York Department of Financial Services promulgated the final version of new Regulation 210 “Life Insurance and Annuity Non-Guaranteed Elements” (the “Rule”).The Rule takes effect on March 19, 2018…more

Annuities, Consumer Financial Products, Disclosure Requirements, Final Determinations, Insurance Industry

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

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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 »

A Ticking Clock: New York’s Pending Non-Guaranteed Elements Rule for Life Insurance and Annuity Products

The clock is ticking on the New York Department of Financial Services’ issuance of new Regulation 210 "Life Insurance and Annuity Non-Guaranteed Elements" (the Rule)…more

Annuities, Consumer Financial Products, Financial Services Industry, Insurance Industry, Life Insurance

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 »

The SEC Addresses Initial Coin Offerings

On July 25, 2017, the Securities and Exchange Commission (SEC) issued a Report of Investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934 (Report) and an Investor Bulletin: Initial Coin Offerings…more

Blockchain, Digital Currency, Distributed Ledger Technology (DLT), Financial Markets, Initial Coin Offering (ICOs)

See all updates »

Alabama Federal Court Finds Cedent Did Not Waive Arbitration, And Orders Reinsurance Dispute To Be Arbitrated

Alabama Municipal Insurance Corp. (“AMIC”), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. (“Munich Re”), alleging breach of a reinsurance contract for failing…more

Arbitration, Breach of Contract, Insurance Industry, Insurance Litigation, Mandatory Arbitration Clauses

See all updates »

DOL Announces New Enforcement Policy on BIC Arbitration Limitation Class Actions

In order for fiduciaries to receive compensation that varies based on their investment advice (e.g., commissions) or from third parties in connection with their advice (e.g., revenue sharing), they must comply with a prohibited…more

Arbitration, Best Interest Contract Exemptions, Class Action, Class Action Arbitration Waivers, DOL

See all updates »

Eighth Circuit Reverses Sanctions on Lawyers that Settled Federal Court Class Action in State Court

Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense. Specifically, the…more

Class Action, Forum Selection, Rule 11, Sanctions, Young Lawyers

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Communications With Auditors and Audit Committees May Change

The SEC has proposed for comment major revisions in the disclosures auditors are required to make in their reports on financial statements audited pursuant to Public Company Accounting Oversight Board (PCAOB) standards…more

Auditors, Audits, Exempt Organizations, Financial Statements, PCAOB

See all updates »

Adjusting Claims in Florida Following Hurricane Irma

As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance…more

Assignment of Benefits (AOB), Farms, Fire Damage, Flood Insurance, Florida

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 Adopts New Life Insurance Notice Requirement for Changes in Policy "Status"

On June 26, 2016, a new Florida Statute (Section 626.99292) was signed into law, effective immediately, which imposes problematic policyholder notice requirements on life insurers. The new notice requirements were added by…more

Florida, Insurance Industry, Life Insurance, Notice Requirements

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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 »

Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates

Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of California…more

Biodegradable, Class Action, Class Certification, False Advertising, Negligent Misrepresentation

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 »

New Criminal History Hiring Regulations for California Employers

Employers hiring in California must be aware that on July 1, new California Fair Employment and Housing Council regulations take effect, limiting use of criminal history when making employment decisions. Every nationwide company…more

Background Checks, Ban the Box, Conditional Job Offers, Corporate Counsel, Criminal Background Checks

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 June 2, 2017

Real Property Update - Lease: where lessee transfers leasehold interest to third party, but retains easement in leased property, lessee transfers less than “entire interest” in property, and such sublease not tantamount to an…more

Ad Valorem Tax, American Rule, Attorney's Fees, Banking Sector, Compensatory Damages

See all updates »

Right for the Wrong Reason - Reversal Requires More Than Just an Error

Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial court…more

Appeals, Litigation Strategies, Preservation of Rights, Reversal, Trial Preparation

See all updates »

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media…more

Demand Letter, Infringement, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General Act…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Employment Litigation

See all updates »

Chief Compliance Officers Beware

In recent years, financial regulators have increasingly taken enforcement action against chief compliance officers (CCOs) and others in compliance oversight roles, rather than just against their employers…more

BSA/AML, Chief Compliance Officers, Financial Services Industry, Insurance Industry, Penny Stocks

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 »

Ninth Circuit: Procedural Violations Can Meet Standing Test

This week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural statutory violations. In…more

Article III, Background Checks, Class Action, Employer Liability Issues, FCRA

See all updates »

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium built…more

Action to Quiet Title, Ad Valorem Tax, Attorney's Fees, Banking Sector, Consumer Bankruptcy

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

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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 »

The Ins and Outs of Appellate Statements of Jurisdiction: How to Avoid Common Mistakes

Though Statements of Jurisdiction may seem like a simple part of an appellate brief, parties often make mistakes in drafting jurisdictional statements. In fact, the U.S. Court of Appeals for the Seventh Circuit recently wrote:…more

Appellate Briefs, Jurisdiction, Litigation Strategies, Preservation of Rights, Young Lawyers

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 »

When in Doubt, Assume the Earliest Possible Deadline

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case. In…more

Appeals, Dismissal With Prejudice, Dukes v Wal-Mart, Filing Deadlines, Litigation Strategies

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 »

Kansas Judge Rejects Discovery From Putative Class Members

A magistrate judge in Kansas denied the defendant’s request to conduct discovery of putative class members via a voluntary questionnaire. Plaintiff Hapka filed a class action against home health care provider CareCentrix…more

Cyber Attacks, Data Breach, Discovery, Home Health Care, Identity Theft

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 »

Plaintiffs Survive Standing-Based Challenge to California Senior Notice and Financial Elder Abuse Claims

In California, actions predicated on alleged senior notice requirement violations and financial elder abuse continue to challenge life insurers. For example, in June, a California federal district court denied the insurer’s…more