Carlton Fields Jorden Burt

Wait A Minute, Mr. Postman: Tenth Circuit Applies Statutory-Violation Exclusion To Junk Fax Claims That Try To Skirt The TCPA

Enacted in 1991, the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), inaugurated the era of “junk fax” class actions, in which recipients of mass fax advertisements may pursue statutory damages of $500 per class…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Insurance

CFPB Issues New Manual for Company Responses to Detailed Consumer Complaints

On May 15, the Consumer Financial Protection Bureau ("the Bureau") issued an updated Company Portal Manual (“the Manual”) containing new guidance and instructions for companies to respond to consumer complaints filed with the…more
| Administrative Law, Finance & Banking, Consumer Protection

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received…more
| Elections & Politics, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Stipulations Can Make Trial Easier, But The Devil is in The Details

It is often beneficial to limit the issues at trial to those that are truly disputed and to stipulate to facts that are no longer in dispute. In some cases, for example, liability may be sharply disputed, but the amount of…more
| Civil Procedure

Montana Law Revised To Allow Captives To Organize As Limited Liability Companies

On April 28, 2015, Montana Governor Steve Bullock signed into law amendments to Montana’s law regarding captive insurers. Significantly, the amendments make it possible for public entities in Montana to set up captives…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Insurance

Class Action Plaintiffs’ Failure to Appear at Deposition Deemed Not Prejudicial Enough for Dismissal

In a class action brought against Amtrak, two plaintiffs, Guerra and Whitesides, both of whom had submitted declarations in support of plaintiffs’ motion for class certification, failed to appear at their scheduled depositions…more
| Civil Procedure, Transportation

Must the "Maker" of a False Statement have "Ultimate Authority" over that Statement to be Subject to Liability for Securities Fraud? - The Eleventh Circuit Interprets Janus in SEC v. Big Apple Consulting

This case involved a civil enforcement action by the Securities and Exchange Commission (SEC) against certain public relations companies and their principals, alleging violations of—among other things—Section 17(a) of the…more
| Administrative Law, Commercial Law & Contracts, Science, Computers, & Technology, Securities Law

Supreme Court Clarifies Scope of Fiduciary Duty Under ERISA

On May 18, the Supreme Court held, in Tibble v. Edison International that a fiduciary “has a continuing duty to monitor trust investments and remove imprudent ones. This continuing duty exists separate and apart from the…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts

FIO Director Testifies On The Impact Of International Regulatory Standards On The Competitiveness Of U.S. Insurers

The Director of the Federal Insurance Office (FIO), Michael McRaith, recently testified before the House Financial Services Subcommittee on Housing and Insurance regarding the impact international regulatory standards have on…more
| Administrative Law, Commercial Law & Contracts, Insurance, International Law & Trade

Construction Case Law Update - May 2015

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

Avon Calling: Employees Allege Overtime Exemption Misclassification

Avon categorizes all of its district service managers (DSMs) under the “administrative” exception of California law that requires employers to pay overtime wages. DSMs are the Avon employees who recruit and train the independent…more
| Civil Procedure, Labor & Employment Law

Healthcare Fraud Initiatives in 2015

In order to predict what 2015 will look like in the war against health care fraud, it is necessary to quickly review what happened in 2014. In 2014, the government’s health care fraud prevention and enforcement efforts recovered…more
| Administrative Law, Government Contracting, Health, Privacy

Florida Enacts Law Providing for Civil Remedy Against Cyber Fraud and Abuse

On May 14, Florida Governor Rick Scott signed the Computer Abuse and Data Recovery Act (CADRA) into law. CADRA is intended to provide a remedy to businesses for harm or loss caused by unauthorized access to protected computers,…more
| Civil Remedies, Consumer Protection, Elections & Politics, Privacy, Science, Computers, & Technology

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 15, 2015

REAL PROPERTY UPDATE - State-Created Entity/First-Party Bad Faith: immunity of Citizens, as provided in Section 627.351(6)(s), Florida Statutes, shields it from statutory first-party bad faith claims under Section…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Finance & Banking, Real Estate - Residential

Title Insurance Regulatory and Legislative Update - May 2015

NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS - Title Insurance Task Force To Survey Affiliated Business Arrangements: The Title Insurance Task Force (“Task Force”) recently conducted a conference call and among the…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Real Estate - Residential
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