Carlton Fields Jorden Burt

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

  • 813.223.7000
  • 813.229.4133

Collection Practices Plaintiffs Try End Run Around Florida Punitive Damages Laws

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

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again …more
| Consumer Protection, Health, Insurance, Intellectual Property, Securities Law

SEC Takes Action for Retaliation Against Whistleblower

The SEC has brought its first enforcement action for alleged retaliation against a whistleblower under the SEC’s Dodd-Frank whistleblower rules. The case demonstrates the Hobson’s choice companies face when they become aware of…more
| Civil Rights, Labor & Employment Law, Securities Law

The Golden State Annuity Burglar: A Neasham Remix

Alan Lewis, a former California insurance agent who faced criminal charges for annuity "twisting," was released from jail after a Superior Court judge dismissed charges for embezzlement, grand theft, and burglary. The story may…more
| Criminal Law, Insurance

Hallmark Cards Awarded $47 Million for Misappropriation of Four-Year-Old Market Research

The number of data theft/trade secret cases that go to trial is growing, as are the size of the verdicts. For example, the Eighth Circuit Court of Appeals recently upheld a $47 million total recovery for Hallmark Cards for the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Washington Supreme Court Narrows Efficacy of Late Notice Defense

Even when the claims in a lawsuit arguably fall within the coverage terms of the defendant’s liability insurance policy, the circumstances might suggest facts that would establish a defense to coverage. In that case, the insurer…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Securities Law, Taxation

State Regulators Eye Complex Products Marketing

Joseph P. Borg, Director of the Alabama Securities Commission, and James R. Mumford, First Deputy Insurance Commissioner in Iowa, raised state securities and insurance regulatory concerns at this summer’s Insured Retirement…more
| Insurance, Securities Law

CFPB Wants to Publish Detailed Consumer Complaints

The Consumer Financial Protection Bureau (CFPB) has proposed to publicly disclose details of consumer complaints filed through its web-based public consumer complaint database by including a consumer narrative of events that led…more
| Communications & Media Law, Finance & Banking, Consumer Protection, Real Estate - Residential

Ahead: CFPB Regulations of Creditors Collecting Own Consumer Debts?

The Federal Fair Debt Collection Practices Act (FDCPA or the Act) was enacted in 1977 to end abusive consumer debt collection practices by debt collectors, while insuring that collectors who don’t engage in such practices were…more
| Antitrust & Trade Regulation, Finance & Banking, Consumer Protection

Construction Case Law Update - September #2 2014

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Worker’s Compensation, Insurance

SEC Again Delays Variable Annuity Summary Prospectus

Once again, the SEC has delayed action on the variable annuity summary prospectus—this time, until March 2015. The SEC revealed the news, rather surreptitiously, in a submission to the Office of Management and Budget regarding…more
| Securities Law

Circuit Courts Provide Preview of Coming ACA Confrontations

The next Supreme Court battle over the Affordable Care Act is likely brewing in the circuit courts. On July 22, 2014, in Halbig v. Burwell, a divided D.C. Circuit held that the ACA does not allow the federal government to issue…more
| Civil Procedure, Health, Taxation

Using Information from Data Brokers? Beware the FCRA and the FTC …

As sellers and Internet service providers gather increasing amounts of consumer information, the data broker industry has expanded. Identifying themselves as "market research" firms, data brokers buy, analyze, sort, aggregate,…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Consumer Protection

Pennsylvania Court Affirms Liquidator’s Decision That A Claim Arising From A Reinsurance Policy Is Entitled To A Lower Payment Priority

A Pennsylvania appellate court has affirmed the liquidator’s determination that a group excess insurance policy issued by Reliance is a reinsurance policy and thereby entitled to a low level of priority of payment from the now…more
| Commercial Law & Contracts, Insurance, Wills, Trusts, & Estate Planning

SEC Issues Guidance on Accredited Investor Status

On July 3, 2014, the SEC’s Division of Corporation Finance issued six new compliance and disclosure interpretations (C&DIs) regarding determination of accredited investor status for purposes of Rule 506(c). C&DI 255.48…more
| Finance & Banking, Securities Law, Taxation
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100+ Attorneys

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