Carlton Fields

SEC Cyber Update: Official Outlines Active Role for SEC on Cybersecurity as Enforcement Questions Persist

SEC Chicago Regional Director David Glockner spoke at a PLI Conference in New York on June 6 regarding the SEC’s data security regulations and enforcement efforts. Mr. Glockner acknowledged frustration with the Division of…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Missouri Court Of Appeals Finds Facultative Reinsurance Agreement Between Parties Was Truly A Liability Insurance Contract Which Rendered Its Arbitration Clause Unenforceable

Although the parties had entered into what they called a Facultative Reinsurance Agreement (“FRA”), the Missouri Court of Appeals determined the agreement was a contact of indemnity against liability, and thus, pursuant to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance

Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing

The United States District Court of Maryland recently dismissed a putative class action alleging that CareFirst’s failure to adequately secure the computer hardware storing their customers’ personal information led to two…more
| Civil Procedure, Constitutional Law, Insurance, Privacy, Science, Computers, & Technology

Court Grants Motion To Stay Action Pending Arbitration, And Found That Issue Of Whether Arbitration Clause Allows For Class Arbitration Is Question For Arbitrator, Not Court

In this case, Jeffrey Hedrick brought an action in Kansas federal court on behalf of himself and others similarly situated under the Fair Labor Standards Act (“FLSA”) against BNC National Bank, Hedrick’s employer. The bank filed…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

South Carolina District Court Finds There Is No Separate Cause Of Action For Apportionment Under South Carolina’s Contribution Among Tortfeasors Act

Plaintiff Companion Property and Casualty Insurance Company (“Companion”) participated in a fronted insurance program with Redwood and Freestone. Reinsurance collateral trusts were established for Companion’s benefit and…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance

The Fifth Circuit Upholds Arbitration Award, Finding That Arbitrator Did Not Manifestly Disregard The Law And That The Award Did Not Violate Public Policy

On May 23, 2016, the Fifth Circuit upheld an arbitrator’s approximate $1.45 million award in favor of McKool Smith P.C., a law firm who represented Curtis International Ltd., a Canadian electronics wholesaler, in patent…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Intellectual Property, Science, Computers, & Technology

Defining the Contours of Cyber Coverage for Data Breach: a Warning in Arizona

A year ago in this space, we looked at the receding wave of coverage litigation regarding whether various cyber-related exposures were covered under traditional policies, such as CGL and professional liability policies. Deemed…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Insurance, Science, Computers, & Technology

Brexit and International IP: Changes are Coming

Surprising many commentators and pundits, the UK voted to exit the European Union. That exit raises questions as to whether IP filings made through the European offices will continue to provide protection in the UK during and…more
| Commercial Law & Contracts, Elections & Politics, Intellectual Property, International Law & Trade

The Long Road Ahead for the UK and Europe

The UK has voted to leave the EU, but what happens next is undecided. For now, nothing changes. The June 23 referendum was advisory, and the actual processes and mechanisms that will determine the UK’s exit from the EU will take…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade, Securities Law

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject to…more
| Civil Procedure, Environmental Law, Real Estate - Commercial, Zoning, Planning & Land Use

Hill v. SEC: Eleventh Circuit Buries District Court Challenges to the Constitutionality of SEC Enforcement Actions

Last week, the United States Court of Appeals for the Eleventh Circuit held that a district court cannot hear constitutional challenges to an ongoing administration enforcement action of the U.S. Securities and Exchange…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Constitutional Law, Securities Law

Illinois Federal Court Rules That Cedent’s Claims Are Time-Barred

Our prior discussion of this case, and relevant background, can be found here. In 2012, Pine Top Receivables of Illinois, LLC (“PTRIL”) brought an action against Banco de Seguros del Estado (“Banco”) to recover sums purportedly…more
| Civil Procedure, Commercial Law & Contracts, Insurance

NAIC Cybersecurity Task Force Weighs Credit Freezes

On May 24-25, the NAIC Cybersecurity (EX) Task Force held an interim meeting to hear comments from various industry trade organizations and other interested parties on the proposed Insurance Data Security Model Law exposed for…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Insurance, Science, Computers, & Technology

Ninth Circuit Remands Dispute Over Arbitration, Finding That Third Party May Be Able To Assert Arbitration Protections

Late last month, the Ninth Circuit reversed a decision out of the Western District of Washington finding that a third party was not able to assert an arbitration provision. The underlying claim revolved around premium text…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Communications & Media Law
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