Carlton Fields Jorden Burt

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

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RESPA Class Action Alleging “Captive Reinsurance Scheme” Allowed To Proceed

A Pennsylvania federal court recently denied a motion to dismiss a putative class action lawsuit in which homeowners claim violations of the Real Estate Settlement Procedures Act of 1974 based on an alleged “captive reinsurance…more

Captive Insurance Company, Class Action, Fraudulent Concealment, Kickbacks, Mortgage Insurance

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Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice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

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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

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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

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Not So Fast: New York’s High Court Relieves Pressure on Liability Carriers to Disclaim Coverage “As Soon As Possible”

Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision “as soon as is reasonably possible.” Last year, in Long Island Lighting Co. v…more

Bodily Injury, Insurers, Liability Insurance, Wrongful Death

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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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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

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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

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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

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Rules Will Allow Issuance of Longevity Insurance in Retirement Plans

On July 1, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued final rules excluding qualifying longevity annuity contracts (QLACs) from the required minimum distribution rules (RMD…more

IRS, Required Minimum Distributions, Retirement, Retirement Plan

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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

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Real Property, Financial Services & Title Insurance Update: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC…more

FCCPA, Foreclosure, Mortgages, Property Insurance, Title Insurance

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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

Bitcoins, Virtual Currency

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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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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

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Q&A With Carlton Fields' Steven Brodie

Steven Brodie, a shareholder with Carlton Fields, is a commercial litigator in state and federal courts. Q: What is the most challenging case you have worked on and what made it challenging? Originally Published…more

Bad Faith, Career Development, Interviews

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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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Florida Governor Signs Florida Information Protection Act

On April 30, the Florida House of Representatives unanimously passed the Florida Information Protection Act of 2014, Senate Bill 1524. On June 20, 2014, Governor Rick Scott signed the bill into law. The bill becomes effective…more

Data Breach, New Legislation, Notice Requirements, Personally Identifiable Information

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Office of the Commissioner of Insurance of Georgia Proposes New Regulation Governing Protection of Trade Secret Information

The Office of the Commissioner of Insurance of Georgia ("OCI") has proposed a new rule concerning procedures to be followed by persons or entities asserting trade secret protection of information filed with the OCI to comply…more

Insurers, Judicial Review, Proposed Regulation, Trade Secrets

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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

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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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Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this…more

Arbitration, Assumption of the Risk, Commercial General Liability Policies, Construction Contracts, Construction Defects

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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

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Oral Arguments Heard In Historic "Foreign Official" Challenge

Last Friday in Miami, the 11th Circuit Court of Appeals heard oral argument in U.S. v. Joel Esquenazi & Carlos Rodriguez. The issues on appeal did not just relate to the FCPA’s ”foreign official” element, but as to this…more

Appeals, Compliance, FCPA, Foreign Official, Oral Argument

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A Double Play For Prescription Drug Manufacturers In The Eleventh Circuit

Consistent with the U.S. Supreme Court’s opinion in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Eleventh Circuit recently held that generic prescription drug manufacturers cannot be held liable under state-law failure to…more

Drug Manufacturers, Pharmaceutical, PLIVA v Mensing, Preemption, Prescription Drugs

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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

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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

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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, DUI, FDCA, Food Labeling

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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

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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 - 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

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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

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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

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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

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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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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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Motions In Limine: Uses, Abuses, And Pitfalls

Motions in limine (“on or at the threshold” or “in the beginning”) are often a trial lawyer’s best friend and “can be a potent weapon when used properly and at the appropriate stage of litigation.” David Paul Horowitz, In the…more

Evidence, Litigation Strategies, Motions in Limine

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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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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

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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

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Court Grants Motion For Partial Judgment On The Pleadings In RESPA Class Action Regarding Private Mortgage Insurance

We have previously reported on a case styled Munoz v. PHH Corp., one of similar suits alleging putative class actions under the Real Estate Settlement Procedures Act arising from purported “sham” reinsurance transfers covering…more

Equitable Estoppel, Equitable Tolling, Mortgage Insurance, Putative Class Actions, Reinsurance

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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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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

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Employers Fight Back Against Whistleblowers

In 2013, the federal government recovered $3.8 billion from settlements and judgments under the False Claims Act (FCA). Whistleblowers—also called “relators”—can recover up to 30 percent of whatever a defendant pays in a suit…more

Counterclaims, Employer Liability Issues, False Claims Act, Money Judgment, Qui Tam

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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, Employer-Administrators

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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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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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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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Connecticut Court Declines To Open New Door To Coverage In Data Breach Cases

Massive data breaches, now commonplace, often prompt alarm. But the danger they represent — unauthorized use of confidential information — does not always follow straightforwardly…more

Commercial General Liability Policies, Confidential Information, Data Breach, Employee Rights, Employer Liability Issues

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Your Electronic Communications to Canada May Now Be Illegal

Canada’s Anti-Spam Legislation (CASL) took effect July 1. The act bans commercial electronic messages (CEMs) sent to parties in Canada without consent and the installation of certain functions on computers in Canada without the…more

Canada, CASL, Commercial Electronic Messages, Consent, Social Networks

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Peeking Around Four Corners: Wisconsin Insurers Have Found a Way to Use Extrinsic Evidence to Excuse the Defense of Pending Claims

It is a truism that a liability insurer’s duty to defend is extremely broad—especially in states that apply the “four corners rule.” Under that rule, the insurer has a duty to defend whenever the underlying complaint alleges…more

Duty to Defend, Extrinsic Evidence, Liability Insurance, Parol Evidence

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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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Real Property, Financial Services & Title Insurance Update: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC…more

FCCPA, Foreclosure, Mortgages, Property Insurance, Title Insurance

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Tips To Ready Employers When Immigration Agencies Come Knocking

Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing…more

Audits, Best Management Practices, DOL, E-3, Employer Liability Issues

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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

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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

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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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2014 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives and Timeshares

The 2014 Florida Legislature passed new legislation related to the operation and development of condominiums, homeowners associations, cooperatives, and timeshares…more

Condominium Associations, Condominiums, New Legislation, Real Estate Investments, Real Estate Market

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Financial Coverage Issues: Obtaining D&O Proceeds

Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type…more

D&O Insurance, Duty to Defend, Final Adjudication Clause, Legal Costs, Punitive Damages

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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

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Third Circuit Denies Employees’ Petition For Rehearing In Class Arbitration Case

The Third Circuit Court of Appeals this week denied a petition for rehearing by the panel and the Court en banc in the Opalinski v Robert Half International, Inc. matter, where last month it held that the availability of class…more

Arbitration, Class Action, Class Action Arbitration Waivers

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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

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Rating the Performance of Diverse Juries: A Scientific Perspective

The subject of diversity often elicits strong, entrenched ideological opinions. But Sam Sommers, an associate professor of psychology at Tufts University, is more intrigued by the facts—what can be noted, objectively, about…more

Diversity, Jury Duty

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CMS And OIG Release Final Rules Extending Stark Law Exception And Anti-Kickback Statute Safe Harbor For Donations Of Electronic Health Records Technology

In 2006, the Centers for Medicare & Medicaid Services ("CMS") and the Office of Inspector General of the Department of Health and Human Services (the "OIG") published final rules providing for an exception to the Stark Law and a…more

CMS, EHR, Healthcare, Medicaid, Medicare

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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

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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

Bitcoins, Virtual Currency

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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

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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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12 Tips for Settling Class Actions

The successful resolution of every class action lawsuit is case- and company-specific. Still, certain issues and strategic considerations arise in nearly every matter. The following tips address many of the considerations…more

CAFA, Class Action, Litigation Strategies

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Real Property, Financial Services & Title Insurance Case Law Update: December 2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec. 5,…more

Breach of Contract, Land Titles, Title Insurance

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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

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Court Denies Remand Holding CAFA’s Amount In Controversy Requirement Was Met

The United States District Court for the Northern District of Illinois denied plaintiff’s renewed motion to remand, holding that defendants had demonstrated that it was plausible that CAFA’s amount in controversy requirement had…more

CAFA, Debt Collectors, Putative Class Actions, Remand

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Court Denies Certification Citing Putative Class Representative’s Criminal History

In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old. The plaintiff…more

Class Certification, Criminal Records, FCRA, Putative Class Actions

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Florida Legislature Passes Manufacturing Competitiveness Act

Today, the Florida Legislature passed the Manufacturing Competitiveness Act (HB 357). The bill, which now heads to Governor Rick Scott for signature, significantly streamlines local and state regulation and approvals, giving…more

Competition, Economic Development, Manufacturers

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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

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Class Representative’s Motion To Remand For Insufficient Amount In Controversy Doesn’t Add Up

A Kentucky federal court recently ruled that a class plaintiff may not defeat removal by understating the aggregate amount in controversy alleged in her complaint…more

CAFA, Class Action, Class Representatives, Social Security Benefits, Social Security Disability

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Real Property, Financial Services & Title Insurance Update: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC…more

FCCPA, Foreclosure, Mortgages, Property Insurance, Title Insurance

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Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage Attorneys (Part 3 of 3)

This is the third and final article about the decision of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (1st Dep’t 2014). The first article discussed…more

Attorney-Client Privilege, Common-Interest Privilege, Property Damage, Property Insurance, TransCanada

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California Supreme Court Halts Creeping Expansion of Advertising Injury

Commercial general liability policies typically provide coverage for claims based on “personal and advertising injury.” Increasingly, enterprising insureds have invoked this coverage in connection with a variety of legal…more

Advertising, Advertising Injury

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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

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Third Circuit Denies Employees’ Petition For Rehearing In Class Arbitration Case

The Third Circuit Court of Appeals this week denied a petition for rehearing by the panel and the Court en banc in the Opalinski v Robert Half International, Inc. matter, where last month it held that the availability of class…more

Arbitration, Class Action, Class Action Arbitration Waivers

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Certification Denied for Purchasers of Product Awash with Design Differences

The Central District of California denied Plaintiff’s motion to certify a class of purchasers of Defendant’s washing machines that contain an air hose connected to an air dome. Plaintiff alleged the connection between the hose…more

Bodily Injury, Class Action, Class Certification, Property Damage

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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

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Florida Embraces Innovation, Entrepreneurship, and Crowdfunding

Central Florida is home to a thriving entrepreneurial community that increasingly benefits from crowdfunding. This trend, and crowdfunding’s evolving forms, including equity crowdfunding, will be among the topics discussed…more

Crowdfunding, Entrepreneurs, Equity Financing, Kickstarter, Professional Conferences

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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

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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

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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

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Congress Takes First Step Toward Exempting Condominiums From Registration Under ILSA

On September 26th, by a vote of 410-0 (with 22 representatives not voting), the U.S. House of Representatives approved H.R. 2600, which would amend the Interstate Land Sales Full Disclosure Act ("ILSA") to exempt condominium…more

Condominiums, ILSA, Registration

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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

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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

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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

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

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

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

New York Court Rejects Bid To Compel Arbitration Of Reinsurance Dispute

A New York federal district court denied Transatlantic Reinsurance Company’s petition to compel National Indemnity Company (“NICO”) to submit to arbitration. While the court’s order does not provide the basis for its ruling and…more

Arbitration, Motion to Compel, Reinsurance

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The CAFA Year In (Appellate) Review: A Look Back At The Class Action Fairness Act In The Circuit Courts Of Appeals In 2012-2013

On January 1, 2012, we published “The CAFA Year in (Appellate) Review: A Look Back at the Class Action Fairness Act in the Circuit Courts of Appeals in 2011.”…more

CAFA, Class Action, Class Certification, Damages, Jurisdiction

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

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

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

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

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Court Denies Motions To Dismiss Putative Class Action Alleging Unlawful Reinsurance Arrangement

A federal court in Pennsylvania denied defendants’ motion to dismiss in a putative class action based on purported mortgage services fraud. Defendants Fifth Third Bank, Fifth Third Mortgage Company, Fifth Third Mortgage…more

Class Action, Fifth Third Mortgage Company, Kickbacks, Mortgage Servicers, Putative Class Actions

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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

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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

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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, Liability, Malicious Prosecution, RESPA

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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

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2014 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives and Timeshares

The 2014 Florida Legislature passed new legislation related to the operation and development of condominiums, homeowners associations, cooperatives, and timeshares…more

Condominium Associations, Condominiums, New Legislation, Real Estate Investments, Real Estate Market

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Real Property, Financial Services & Title Insurance Update: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC…more

FCCPA, Foreclosure, Mortgages, Property Insurance, Title Insurance

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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

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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

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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

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Florida Supreme Court Issues New Offer Of Judgment Decision

Today the Florida Supreme Court issued an extremely important decision regarding proposals for settlement/offers of judgment (“OJs”), made pursuant to section 768.79, Florida Statutes…more

Appropriate Equitable Relief, Declaratory Judgments, Offer of Judgment, Settlement

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Law Firms Are Not Body Shops: An Insurer’s Duty to Defend Requires it to Pay Only the Defense Costs the Insured Actually Paid

In the course of discharging their coverage obligations, insurers often benefit from bargains they strike with service providers. Healthcare insurers pay in-network caregivers rates that are dramatically lower than the prices…more

Breach of Duty, Copyright, Copyright Infringement, Duty to Defend, Insurers

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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

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Application Of The Judicial Estoppel Doctrine In Florida, Georgia, And Federal Courts

Florida’s Use of Judicial Estoppel - Under the “universal rule,” accepted in Florida and “in every other jurisdiction,” a party is “estopped” to assert inconsistent positions in litigation. Salcedo v. Asociacion Cubana,…more

Abrogation, Dismissals, Judicial Estoppel, Negligence, Statute of Limitations

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Employers: Are You at Risk for Immigration and I-9 Audits?

The Background - The Obama administration has attempted to attract and retain new and highly skilled talent to the United States, setting initiatives to allow foreign nationals working in the United States to remain…more

Audits, Compliance, I-9, Immigrants, USCIS

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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

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District Court Decertifies Class based on Dukes, Comcast and Tenth Circuit Precedent

Plaintiff sued for underpayment or nonpayment of royalties on natural gas produced from wells in Kansas due to defendant’s failure to place the gas in marketable condition. The district court initially certified the class in…more

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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

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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

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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

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Real Property, Financial Services & Title Insurance Update: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC…more

FCCPA, Foreclosure, Mortgages, Property Insurance, Title Insurance

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

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10 Tips For Managing Qui Tam Exposure

Your company’s False Claim Act exposure may stem from actions in areas you may not consider. While the 1863 Act was originally designed for use against government contractors, the statute applies in all federal contexts…more

Compliance, Employer Liability Issues, False Claims Act, Qui Tam

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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

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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

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Seventh Circuit: Profit-Related Considerations OK In Setting COI Rates

In December, insurers battling challenges to their exercises of discretion in setting non-guaranteed elements in universal life policies received a boost when the Seventh Circuit, via companion opinions, affirmed the dismissals…more

Breach of Contract, COI Rates, Life Insurance

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The Target Data Breach: Potential Consequences For Banks

The ultimate cost to Target of its recent data breach remains uncertain. So far, the company is the subject of several state investigations, a number of state and federal lawsuits, and a congressional probe into the incident…more

Banks, Cybersecurity, Data Breach, Data Protection, Target

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First Circuit Finds for Life Insurer in ERISA Class Action Challenging Retained Asset Accounts to Pay Life Insurance Benefits

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

Appeals, Breach of Duty, ERISA, Insurers, Life Insurance

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The Meth Business is Dangerous; (En)trust No One

For a landlord, it’s a bad day when your tenant gets busted for operating a meth lab, and the local authorities condemn your house because it’s contaminated with the byproducts of his business. It’s even worse when you learn…more

Hazardous Substances, Illegal Drugs, Methamphetamine

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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

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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

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Is There a Duty to Defend Pollution Claims? It’s the Complaint, Stupid

This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not from…more

Contaminated Properties, Duty to Defend, Liability Insurance, Policy Exclusions, Professional Liability

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Electronic Prescribing And Electronic Health Records Exceptions To The Stark Law

The electronic prescribing and electronic health records (“EHR”) exceptions to the federal physician self-referral law known as the Stark Law (42 U.S.C. § 1395nn) were first published in the Federal Register in 2006, yet they…more

Compensation Agreements, Electronic Medical Records, Electronic Prescribing, Health Information Technologies, Physicians

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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

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Recognition of Foreign Judgments in the United States

Every year, thousands of foreign court judgments are brought to U.S. federal and state courts for recognition and enforcement, raising thorny issues for both U.S. and foreign lawyers seeking to obtain, or oppose, recognition…more

Commercial Bankruptcy, Cross-Border, Debtors, Enforcement, Foreign Corporations

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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

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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

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Sixth Circuit Affirms Class Certification in TCPA Case

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products engaged…more

Class Action, Class Certification, Spam, TCPA, Unsolicited Faxes

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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

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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

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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

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Q&A With Carlton Fields' Sam Salario

Sam J. Salario Jr. is a shareholder in Carlton Fields’ Tampa office specializing in securities litigation and class actions. Q: What is the most challenging case you have worked on and what made it…more

Bank Holding Company, Career Development, Class Action, Interviews, Loans

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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

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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

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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

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Court Lacks Jurisdiction To Hear Motion To Vacate Arbitration Decision That Denied Withdrawal Of Arbitrable Claim

A federal district court has dismissed a motion to vacate an arbitration decision denying a party’s request to unilaterally withdraw a claim that was subject to a pending arbitration. Finding the arbitration decision was not…more

Arbitration, Binding Arbitration, Jurisdiction, Motion to Vacate

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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

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Managing the Risks of a Mobile Workforce

Retiring after 30 years with the same company is rare today. The symbolism of a retirement party and a gold watch will be lost on generations as frequent employee transition between companies becomes the norm…more

Confidentiality Agreements, Employer-Owned Intellectual Property, Employment Contract, Employment Policies, Hiring & Firing

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Court Denies Remand Holding CAFA’s Amount In Controversy Requirement Was Met

The United States District Court for the Northern District of Illinois denied plaintiff’s renewed motion to remand, holding that defendants had demonstrated that it was plausible that CAFA’s amount in controversy requirement had…more

CAFA, Debt Collectors, Putative Class Actions, Remand

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Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending March 14 & March 21, 2014

I. FLORIDA STATE CASES – SCOTT FEATHER & JOURDAN HAYNES - - Summary Judgment: reversal of summary final judgment of foreclosure because of disputed issues of fact concerning amount of rents received from property that…more

Foreclosure, Landlords, Mortgages, Property Tax, Tenants

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To Renew Or Not To Renew: Preserving Objections To Evidentiary Rulings

Under Florida’s Evidence Code, “[i]f a court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or make an offer of proof to preserve a…more

Evidence, Evidentiary Rulings, Motions in Limine, Offer of Proof, Standing Objections

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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

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Ninth Circuit Finds Self-Identification By Class Members Does Not Satisfy Ascertainability Under Rule 23

The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy the manageability…more

Ascertainable Class, Class Action, Class Certification, FACTA, Federal Rules of Civil Procedure

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If the Suit Fits: A Washington Court Clarifies Triggers for the Duty to Defend

Like many other federal and state environmental laws, Washington’s Model Toxics Control Act (MTCA) exposes property owners to strict liability, regardless of fault or intent, for certain types of environmental contamination. …more

Contamination, Duty to Defend, Liability Insurance, MTCA, Property Owners

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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

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The Role Of Rule 26(g) In E-Discovery

An attorney’s signature on discovery responses certifies that the attorney “made a reasonable effort to assure that the client had provided all the information and documents available to him that are responsive to the discovery…more

Discovery, Document Productions, Document Requests, Electronically Stored Information, Sanctions

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2014 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives and Timeshares

The 2014 Florida Legislature passed new legislation related to the operation and development of condominiums, homeowners associations, cooperatives, and timeshares…more

Condominium Associations, Condominiums, New Legislation, Real Estate Investments, Real Estate Market

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: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC…more

FCCPA, Foreclosure, Mortgages, Property Insurance, Title Insurance

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

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Practice Pointer: Leave Your Phone at Home on Deposition Day

Your deposition is scheduled to start in an hour. You're walking out your front door, about to drive to your company's lawyer's office. Your palms are beginning to sweat. You're worried you've forgotten your phone, your wallet,…more

Court Appearances, Depositions

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

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

Compliance, Enforcement, Enforcement Actions, PBGC, Private Equity

See All Updates »

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase the…more

Compliance, Contractors, DOL, Employee Rights, Employer Liability Issues

See All Updates »

Ninth Circuit Finds Self-Identification By Class Members Does Not Satisfy Ascertainability Under Rule 23

The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy the manageability…more

Ascertainable Class, Class Action, Class Certification, FACTA, Federal Rules of Civil Procedure

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

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Is It Time To Include Mandatory Arbitration Clauses In All Reinsurance Policies? Mandatory Clauses Could Avoid Unnecessary Future Disputes, Argues Carlton Fields Jorden Burt

Recent reports on the continued easing of collateral requirements for non-US reinsurers that operate in the US, raise the question: with the anticipated, increased presence of non-US reinsurers state-side, will more reinsurance…more

Arbitration, Arbitration Agreements, Mandatory Arbitration Clauses, Reinsurance

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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

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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 »

First Circuit Finds for Life Insurer in ERISA Class Action Challenging Retained Asset Accounts to Pay Life Insurance Benefits

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

Appeals, Breach of Duty, ERISA, Insurers, Life Insurance

See All Updates »

Application Of The Judicial Estoppel Doctrine In Florida, Georgia, And Federal Courts

Florida’s Use of Judicial Estoppel - Under the “universal rule,” accepted in Florida and “in every other jurisdiction,” a party is “estopped” to assert inconsistent positions in litigation. Salcedo v. Asociacion Cubana,…more

Abrogation, Dismissals, Judicial Estoppel, Negligence, Statute of Limitations

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 »

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 »

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

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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

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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 - 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 - 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

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14 Days Or Bust: Fourth Circuit Bolsters “Rigid And Inflexible Rule” For Appealing Certification Orders

Artful attempts to appeal a class certification order beyond fourteen days will not impress the Fourth Circuit. In Nucor, the district court certified two classes relating to substantive allegations of racial discrimination…more

Class Action, Class Certification, Discrimination, Interlocutory Appeals, Racial Discrimination

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Law Firm Culture - Its Importance And How To Overcome It

In the 1540s, Jesuit missionaries to the Wichita tribe found a ready audience, and the whole group adopted Christianity. But when the missionaries announced they were going on to the next tribe, they were killed. The…more

Corporate Culture, Law Practice Management, Women in the Law

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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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Real Property, Financial Services & Title Insurance Update: August 2014 #1

Trial court erred in granting lender’s motion to vacate an order dismissing its foreclosure complaint for lack of prosecution without first giving borrower an opportunity to be heard at an evidentiary hearing. – Arcila v. BAC…more

FCCPA, Foreclosure, Mortgages, Property Insurance, Title Insurance

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Court Denies Petition To Appoint Arbitration Umpire In Retrocession Dispute

Odyssey Reinsurance Co. petitioned the court to appoint an umpire to serve in arbitration with its retrocessionaries, certain Lloyd’s underwriters and Reliastar Reinsurance Group, over a disputed reinsurance claim. Odyssey…more

Arbitration, Arbitration Agreements, Retrocessional Claims, Underwriters of Lloyds, Underwriting

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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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Final Volcker Regulations Ease Mutual Fund Concerns

Adopted in December 2013, the final interagency rulemaking to implement the Volcker Rule resolves a number of concerns raised by the mutual fund industry. Under the Volcker Rule, banking entities are generally prohibited from…more

Banks, Collateralized Debt Obligations, Investment Funds, Mutual Funds, Proprietary Trading

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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

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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

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