Carlton Fields Jorden Burt

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Catherine Salinas Acree

Ambiguities In Reinsurance Broker Agreement Preclude Summary Judgment

A federal district court in Arkansas recently examined provisions of a Broker Authorization Agreement between a reinsurance broker (Global Risk) and a ceding insurer (Aetna). In denying cross-motions for summary judgment on the…more

Ambiguous, Breach of Contract, Contract Interpretation, Reinsurance, Summary Judgment

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D. Matthew Allen

Strategies In Class Action Engagement: Response To Class Certification

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding…more

Appeals, Class Action, Class Certification, Complex Litigation, Corporate Counsel

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Cristina Alonso

Same-Sex Couples And Assisted Reproductive Technology

On November 7, 2013, the Florida Supreme Court decided D.M.T. v. T.M.H., SC12-261, a case involving an issue of first impression in Florida—namely, whether Florida will apply the same principles to determine the parentage of a…more

Artificial Reproduction, Same-Sex Marriage

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Radha Bachman

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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Bruce Berman

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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E. Kelly Bittick Jr.

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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Ann Young Black

The NAIC Considers Whether A New Framework Should Apply To Innovative Annuity Products

The Life Actuarial Task Force's Index-Linked Variable Annuities (A) Subgroup (the "ILVA Subgroup") began a fresh look at the regulatory framework for annuity products. On February 6, it held a call to review its January 15, 2014…more

Annuities, NAIC, Variable Deferred Annuities

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Steven Blickensderfer

SCOTUS Defines "Mass Action"

On January 14, 2013, the United States Supreme Court decided Mississippi ex rel. Hood v. AU Optronics Corp., --- U.S. ---, No. 12-1036, a case brought under the Class Action Fairness Act of 2005. The question presented was…more

CAFA, Class Action, Mass Action, Mississippi ex rel. Hood v. AU Optronics, SCOTUS

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Dana Blunt

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending February 21 And 28, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint had…more

Confidentiality, Default Judgment, Land Titles, Relation Back Doctrine, Third-Party Liability

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Alexandra Blye

Bitcoin And Internet Payment Systems: Regulatory And Commercial Law Concerns

Recently there has been widespread interest in the propagation of virtual currency based payment systems, including most notably, Bitcoin. Bitcoin advocates suffered a significant setback in February 2014 when Mt. Gox, formerly…more

Bitcoins, Virtual Currency

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Gregory Boulos

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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Steven Brodie

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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Gavrila Brotz

Florida’s Second District Court Of Appeal Issues Important Decision On Inadmissibility Of Physician Board Certification Exam Results

In medical malpractice litigation, the argument has increasingly been made that a physician’s board certification examination results, or more specifically, evidence of a physician’s failure to pass a board certification…more

Admissibility, Certifications, Evidence, Physicians

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Daniel Brown

NAIC's Newly Appointed Unclaimed Life Insurance Benefits Working Group Seeks Comments Before The Spring National Meeting

During its March 13, 2014 conference call, the NAIC's Life Insurance and Annuities (A) Committee appointed an Unclaimed Life Insurance Benefits (A) Working Group charged with "undertaking a study to determine if recommendations…more

Life Insurance, NAIC, Unclaimed Life Insurance Benefits Act

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David Burke

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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Patricia Calhoun

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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Paul Calli

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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John Camp

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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David Cannella

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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Edward Carbone

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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Gregory Cesarano

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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Christopher Cheek

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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Nancy Ciampa

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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Anthony Cicchetti

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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Robert Ciotti

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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Jeffrey Cohen

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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Jeffrey Michael Cohen

The Use And Misuse Of Expert Testimony In Bad Faith Actions

Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or…more

Admissibility, Bad Faith, Daubert Standards, Evidence, Expert Testimony

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Matthew Conigliaro

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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Chris Coutroulis

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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Kelly Cruz-Brown

Assisted Living Facility Reform Likely In 2014

Reform of assisted living facilities (ALFs) has returned for the 2014 Florida Regular Session. The major reforms proposed seek to improve accountability, transparency, and regulation of ALF operations…more

Medical Liability, Nursing Homes

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Richard Denmon

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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Marissel Descalzo

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when…more

Due Process, Fifth Amendment, Frozen Assets, Kaley v. United States, Probable Cause

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Philip Diamond

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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David Drobner

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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Thomas Dye

Protecting Trade Secrets From Discovery Disclosure In Florida

Recently, the Second District Court of Appeal of Florida reviewed the steps a trial court should take to protect trade secrets from disclosure in discovery. In Bright House Networks, LLC v. Cassidy, 129 So.3d 501, 2014 WL 84237…more

Disclosure, Discovery, Trade Secrets

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Scott Feather

Real Property, Financial Services & Title Insurance Case Law Updates

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,…more

Action to Quiet Title, Deficiency Judgments, Easements, Foreclosure, Fraudulent Inducement

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Julie Ferguson

Prepare To File H-1B Petitions By March 31

Employers and foreign nationals should note that the new H-1B quota numbers for fiscal year 2015 will become available on April 1, 2014. Employers should start preparing new cap-subject H-1B cases immediately to maximize their…more

H-1B, Visa Caps, Visas

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Thomas Ferrante Jr.

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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Stephanie Fichera

NAIC's Newly Appointed Unclaimed Life Insurance Benefits Working Group Seeks Comments Before The Spring National Meeting

During its March 13, 2014 conference call, the NAIC's Life Insurance and Annuities (A) Committee appointed an Unclaimed Life Insurance Benefits (A) Working Group charged with "undertaking a study to determine if recommendations…more

Life Insurance, NAIC, Unclaimed Life Insurance Benefits Act

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Linda Fleming

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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Robert Freedman

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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Christopher B. Freeman

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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Brooke French

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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Jaret Fuente

The Eleventh Circuit Declares That CAFA’s Amount-In-Controversy Requirement Can Be Satisfied In Declaratory Relief Cases

On February 14, 2014, the Eleventh Circuit Court of Appeals held that the Class Action Fairness Act’s (CAFA) $5,000,000 amount-in-controversy requirement can be satisfied where the plaintiff seeks only declaratory relief. S…more

Amount in Controversy, CAFA, Class Action, Mass Action, Putative Class Actions

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Adriana Gardella

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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Jon Gatto

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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Edward Gerecke

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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Robert Gilbert

Bitcoin And Internet Payment Systems: Regulatory And Commercial Law Concerns

Recently there has been widespread interest in the propagation of virtual currency based payment systems, including most notably, Bitcoin. Bitcoin advocates suffered a significant setback in February 2014 when Mt. Gox, formerly…more

Bitcoins, Virtual Currency

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Roland Goss

Treaty Tips: The Service Of Suit Provision

One common provision in reinsurance agreements is a Service of Suit provision, which typically provides that the parties consent to the jurisdiction of “any court of competent jurisdiction.” The breadth of the traditional…more

Arbitration Agreements, Jurisdiction, Mandatory Arbitration Clauses, Reinsurance, Service of Suit

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Sasha Funk Granai

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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Christine Davis Graves

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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Michael Greenfield

California District Court Holds That Named Plaintiff’s Lack Of Credibility On Key Issue Renders Him An Inadequate Class Representative; Denies Certification

The U.S. District Court for the Central District of California denied class certification in a product mislabeling case after holding that named plaintiff lacked credibility on a material issue and, therefore, could not be an…more

Class Action, Class Certification, Class Representatives, Credibility, False Advertising

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Clifton Gruhn

Putative Nationwide Class Of Car Dealers Turns Out To Be A Lemon - Individualized Issues Preclude Certification

The U.S. District Court for the Northern District of Georgia denied plaintiffs’ motion for nationwide class certification because the proposed class did not meet Rule 23’s commonality or predominance requirements. The putative…more

Car Dealerships, Class Action, Putative Class Actions

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Rheb Harbison

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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M. Derek Harris

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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Jacob Hathorn

Knowles Gives Employer Second Chance To Seek And Win Removal

The Ninth Circuit Court of Appeals held that neither a damages waiver nor the passage of more than 30 days after receipt of a complaint prevented an employer’s removal under CAFA. A putative class of California store managers…more

CAFA, Class Action, Removal, Standard Fire Ins. Co. v. Knowles

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Jourdan Haynes

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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Amy Lane Hurwitz

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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Amanda Romfh Jesteadt

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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Seth Joseph

Concurrent EB-5 Offerings In The United States And Abroad

Until recently, U.S. offerors and others had to make offerings of EB-5 project investments solely offshore in order to benefit from Regulation S, an exclusion from registration requirements. The offerors had to exclude foreign…more

Accredited Investors, Bad Actors, Broker-Dealer, Dodd-Frank, EB-5

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Allison Oasis Kahn

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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Steven Kass

NAIC's Newly Appointed Unclaimed Life Insurance Benefits Working Group Seeks Comments Before The Spring National Meeting

During its March 13, 2014 conference call, the NAIC's Life Insurance and Annuities (A) Committee appointed an Unclaimed Life Insurance Benefits (A) Working Group charged with "undertaking a study to determine if recommendations…more

Life Insurance, NAIC, Unclaimed Life Insurance Benefits Act

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Avi Kaufman

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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Nicole C. Kibert

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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Allison Kirkwood

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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Adam Koppel

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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Abigail Kortz

Federal Policy Favoring Arbitration Trumps Choice-Of-Law Clause

When an arrangement to jointly design health insurance products went sour, the product company (“PBG”) brought breach of contract and tort claims against its insurance agents. Acknowledging an existing arbitration agreement, PBG…more

Arbitration, Choice-of-Law

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Leonor Lagomasino

Court Sanctions Party For Improper Removal Of Action Seeking Confirmation Of Arbitration Award

The facts in Jackson v. Sleek Audio, LLC, et. al., Case No. 13-80725-CIV-Marra (S.D. Fla. March 17, 2014) stemmed from an arbitrators award against Curtis Jackson (“Jackson”) in his action against former business associates,…more

Arbitration Awards, Federal Arbitration Act, Jurisdiction, Sanctions, Sleek Audio

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Joseph Lang Jr.

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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Stephen Leahu

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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Samantha Lemery

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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David M. Leonard

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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Markham Leventhal

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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Stefanie Lincoln

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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Richard Linquanti

Florida Supreme Court: Separate Escrow Accounts Not Required For Condominium Deposits

The Florida Supreme Court today issued its opinion in North Carillon, LLC v. CRC 603, LLC, No. SC12-75 (January 23, 2014), reversing the Third DCA decision in the case (CRC 603, LLC v. North Carillon, LLC, 77 So.3d 655 (Fla. 3d…more

Condominiums, Escrow Accounts, Purchase Agreement

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Jin Liu

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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Laurel Lockett

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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David Luck

Florida Supreme Court Modifies State Forum Non Conveniens Doctrine As To The Level Of Deference Owed To An Out-Of-State Plaintiff’s Choice Of Forum

On June 20, 2013, the Florida Supreme Court issued its decision in Cortez v. Palace Resorts, Inc., Case No. SC11-1908, addressing Florida’s forum non conveniens doctrine (a version of the federal standard)…more

Choice-of-Venue, Enforcement, Forum Non Conveniens, Forum Selection Clause

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Wendy Lumish

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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Ellen Koehler Lyons

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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Christy L. MacPherson

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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Kathleen McLeroy

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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Jennifer M. McPheeters

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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Joshua Moore

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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Dean Morande

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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Kevin Napper

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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Ilan Nieuchowicz

Real Property, Financial Services & Title Insurance Case Law Updates

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,…more

Action to Quiet Title, Deficiency Judgments, Easements, Foreclosure, Fraudulent Inducement

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Dennis Olle

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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Edward Page

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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Gary M. Pappas

Facebook Fishing Expeditions Prohibited

In Root v. Balfour Beatty Const., LLC, 2014 WL 444005 (Fla. 2d DCA February 5, 2014), Florida joined a growing list of courts around the country that expressly prohibit “fishing expeditions” in social media discovery. Root was…more

Discovery, Electronically Stored Information, Facebook, Florida, Loss of Consortium

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Michael Pasano

Criminal Agreements In Antitrust Prosecutions: Through A Looking Glass

From a criminal defendant’s perspective, Lewis Carroll’s Alice’s Adventures in Wonderland makes an apt point of reference in assessing the law of conspiracy in criminal antitrust cases…more

Antitrust Conspiracies, Bid Rigging, Competition, Criminal Prosecution, Plea Agreements

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Pedro Pavon

Issue Of Gmail Users’ Consent To Google’s Email-Interception Practices Defeats Class Certification

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users. Plaintiffs in the various…more

Class Action, Class Certification, Email, Google

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John Pitblado

Court Allows Third Party Discovery Of Broker Materials Claimed To Be Privileged

Defendant liability insurers sought discovery from Third Party Aon relating to a dispute between defendants and plaintiff regarding an umbrella coverage program. Aon provided some, but not all responsive documents, citing…more

Attorney-Client Privilege, Document Productions, Reinsurance, Work Product Privilege

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Arianne Plasencia

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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Luis Prats

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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Angela Puentes-Leon

Putative Class Members Cannot Establish Damages In Dietary Supplement Case

In Moore v. GNC Holdings, Inc., Southern District of Florida Judge Dimetrouleas ordered partial summary judgment in favor of GNC and against the class as to plaintiffs’ damages claims under Florida’s Deceptive & Unfair Trade…more

Class Action, Dietary Supplements, GNC, Putative Class Actions, Unfair or Deceptive Trade Practices

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Audrey Rierson

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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Jill Sarnoff Riola

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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Oleg Rivkin

What Happens In Ecuador Does Not Stay In Ecuador

In last week’s decision in Chevron v. Donziger, the court enjoined the enforcement of a $9.5 billion Ecuadorian judgment against Chevron Corp. for environmental pollution, alleged to have been caused by its predecessor, Texaco…more

Bribery, Chevron, Corruption, FCPA, Fraud

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V. David Rivkin

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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Joshua E. Roberts

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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Alina Alonso Rodriguez

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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Magda Rodriguez

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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William Rohrer

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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Brian Rosner

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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Samuel Salario Jr.

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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Michael Sampson

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, Community Property, Due Process, Joinder

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Amanda Arnold Sansone

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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Gary Sasso

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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K. Renee Schimkat

Court Compels Arbitration Of Coverage Issue In Underinsured Motor Vehicle Policy

A federal district court has compelled arbitration of a coverage issue arising out of an Underinsured Motor Vehicle Coverage (UIM) policy issued by Farm Bureau Property & Casualty Insurance Company…more

Arbitration, Car Accident, Uninsured and Under-Insured Motorists

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Emmet J. Schwartzman

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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Ben Seessel

California District Court Holds That Named Plaintiff’s Lack Of Credibility On Key Issue Renders Him An Inadequate Class Representative; Denies Certification

The U.S. District Court for the Central District of California denied class certification in a product mislabeling case after holding that named plaintiff lacked credibility on a material issue and, therefore, could not be an…more

Class Action, Class Certification, Class Representatives, Credibility, False Advertising

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Lauren Sembler

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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Leah A. Sevi

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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Robert Shapiro

Considerations For Insurers In The Aftermath Of The MetLife Consent Decree

MetLife Consent Decree - On March 26, 2014, the New York Department of Financial Services (the "DFS") entered into a consent decree ("Consent Decree") with MetLife, Inc. and its subsidiaries, American Life Insurance…more

American Life Insurance Company, Consent Decrees, Insurers, MetLife

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Kristin Ann Shepard

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny Certification

The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and…more

Class Action, Comcast v. Behrend, Dukes v Wal-Mart, Evidence, Fraud-on-the-Market

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Scott Shine

Considerations For Insurers In The Aftermath Of The MetLife Consent Decree

MetLife Consent Decree - On March 26, 2014, the New York Department of Financial Services (the "DFS") entered into a consent decree ("Consent Decree") with MetLife, Inc. and its subsidiaries, American Life Insurance…more

American Life Insurance Company, Consent Decrees, Insurers, MetLife

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Charles Short

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when…more

Due Process, Fifth Amendment, Frozen Assets, Kaley v. United States, Probable Cause

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Rebecca Shwayri

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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Michael Sloan

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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Christopher Smart

Real Property, Financial Services & Title Insurance Case Law Updates

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,…more

Action to Quiet Title, Deficiency Judgments, Easements, Foreclosure, Fraudulent Inducement

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Irma Reboso Solares

NAIC's Newly Appointed Unclaimed Life Insurance Benefits Working Group Seeks Comments Before The Spring National Meeting

During its March 13, 2014 conference call, the NAIC's Life Insurance and Annuities (A) Committee appointed an Unclaimed Life Insurance Benefits (A) Working Group charged with "undertaking a study to determine if recommendations…more

Life Insurance, NAIC, Unclaimed Life Insurance Benefits Act

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Christine Stoddard

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny Certification

The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and…more

Class Action, Comcast v. Behrend, Dukes v Wal-Mart, Evidence, Fraud-on-the-Market

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Yolanda Strader

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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Walter Tache

Ten Steps To Help Insurers Preserve Their Right To Restitution Under Federal Victims’ Rights Statutes

The Crime Victims’ Rights Act and the Mandatory Victims’ Restitution Act provide a wide range of circumstances under which those convicted of federal economic crimes must pay court ordered restitution to their victims. Unlike…more

Crime Victims, Insurers, Restitution

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Patricia Thompson

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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Kenneth Tinkler

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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Mary Katherine Tinsley

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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Sylvia H. Walbolt

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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James Walker IV

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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David Walz

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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Kyle Whitehead

Fla. Case Provides Practicum On Arbitrability

The Middle District of Florida recently, in U.S. Surety Co. v. Edgar, provided a practicum on arbitrability jurisprudence under the Federal Arbitration Act, answering key questions about (1) whether nonsignatories to an…more

Arbitration, Arbitration Agreements, Contractors, Federal Arbitration Act, Performance Bonds

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James Wiley

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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Amelia Williams

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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Paul Williams

Issue Of Gmail Users’ Consent To Google’s Email-Interception Practices Defeats Class Certification

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users. Plaintiffs in the various…more

Class Action, Class Certification, Email, Google

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Peter Winders

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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Sara Witmeyer

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending March 7, 2014

I. FLORIDA STATE CASES – SARA WITMEYER - - Foreclosure/Standing: testimony of employee of current loan servicer failed to establish necessary foundation for admitting records of prior loan servicer into evidence under…more

Banks, Foreclosure, Mortgage Loan Servicing Standards, Mortgages, TILA

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Michael Wolgin

Court Compels Production Of Information Exchanged Between Insurer And Reinsurer As Relevant To Construction Of Policy

In a declaratory relief action brought against the FDIC by the liability insurer for the directors and officers of a bank in receivership, the court resolved a discovery dispute that included a contested request for information…more

D&O Insurance, Discovery, Document Productions, Document Requests, FDIC

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Wm. Cary Wright

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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