Third-Party

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

by Ronald London | Davis Wright Tremaine LLP on 5/15/2013

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

California Fair Claims Settlement Practices Regulations

by Bruce Celebrezze, Marilyn Klinger | Sedgwick LLP on 5/13/2013

Table of Contents: Introduction; PART ONE - Summary of Fair Claims Settlement Practices Regulations; Introduction; Claims Handling Duties; Acceptance or Rejection of Claims; Settlement Offers and Payment of Accepted...more

Maryland Again Changes Recordation Tax Payable on Indemnity Deeds of Trust - Effective as of July 1, 2013

by Walter Kirkman, Kevin LaTulip, Jr. | Ober|Kaler on 5/6/2013

Recordation Tax Now Charged Upon Recordation of Indemnity Deeds of Trust Securing a Guarantee of a Loan or Related Loans of $3,000,000 or More - Governor Martin O’Malley signed legislation this week that will again...more

From The Compact Model To The Luxury Model – Managing Your Third Party Risk

by Thomas Fox on 5/1/2013

I am currently attending the Hanson Wade Oil and Gas Supply Chain Compliance conference in Houston. The event is excellent and the presentations have been ‘spot on’ for the nuts and bolts of how to do compliance. As the...more

Anti-Corruption High-Risk Audits

by Michael Volkov on 4/29/2013

The Justice Department and the SEC should be credited with promoting new compliance strategies and best practices. Whatever you may think about the DOJ/SEC FCPA enforcement program, they have pushed businesses to enhance...more

Product Liability Update - April 2013

by Foley Hoag LLP on 4/23/2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

Supreme Court Upholds Health Plan’s Right To Recover Money from Third Party

by Edward I. Leeds | Ballard Spahr LLP on 4/23/2013

The U.S. Supreme Court has ruled that the clear terms of an employer's group health plan override an employee's equitable defenses in determining the plan's right to recover amounts from a third party. This decision points...more

Google AdWords Trade Mark Policy – Important Changes

by Caroline Cossio, Jonathan Feder | K&L Gates LLP on 4/19/2013

Google has revised its AdWords trade mark policy which is currently in place in Australia, Hong Kong, China, Macau, Taiwan, New Zealand, South Korea and Brazil and these changes will come into effect on 23 April 2013. From...more

Offshore Litigation Tools for Local Disputes

by Ian Mann | Harney Westwood & Riegels on 4/19/2013

British Virgin Island (“BVI”) and Cayman Islands companies have been a popular choice of investment vehicle for Hong Kong and Chinese companies and individuals. This article explores the key tools available to members of BVI...more

Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

by James Hazlehurst, Robert Renner | Barger & Wolen on 4/17/2013

The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more

Third-Party Software Providers— Will the DGE Take a Hard Look at Them?

by Frank DiGiacomo, Eric D. Frank | Duane Morris LLP on 4/16/2013

Unlock your iPhone and today you can swipe through the plethora of apps from the multitude of independent software providers available at your fingertips. As our phones have transformed into ‘smart phones,’ other forms of...more

Burr Alert: Blowing The Cap Off Statutory Damages Under The FCCPA?: An Analysis Of Kahmeyer v. Federal Credit Corporation

by John Chiles, Kristin Peters | Burr & Forman on 4/15/2013

In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more

Delaware and California Courts Split as to Whether a Reverse Triangular Merger Results In an Assignment By Operation of Law,...

by Amrita Nangiana, David Sands | Sheppard Mullin Richter & Hampton LLP on 4/10/2013

In Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP, 2013 WL 911118 (Del. Ch. Feb. 22, 2013, rev. Mar. 8, 2013), the Delaware Court of Chancery held that a reverse triangular merger does not result in...more

SPLA Road Map Outcomes

by Scott & Scott, LLP on 4/9/2013

Christopher Barnett, Scott & Scott, LLP attorney, discusses using the SPLA Qualification Roadmap when trying to determine the appropriate license model for Microsoft products deployed in connection with hosted services. ...more

Potential Benefits of Divorce Mediation

by Mitchell Reichman | Jaburg Wilk on 4/4/2013

Divorce mediation is a process of resolving disputes by engaging a neutral third party who acts as a facilitator, assisting the divorcing spouses in reaching an agreement....more

Third Party Risks And Internal Auditors

by Michael Volkov on 3/27/2013

You remember the corny song – “People who need people are the luckiest people in the world.” For a Chief Compliance Officer that saying is particularly important when it comes to third party risks. CCOs need their...more

Don’t Spread Your Compliance Program Too Thin

by Thomas Fox on 3/25/2013

“You do not want to be spread too thin”. When I heard that phrase a light bulb went off inside my head. It was uttered to me by Jan Farley, the Chief Compliance Officer (CCO) of Dresser-Rand. I asked Jan what he meant by the...more

No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages

by April Zubizarreta | Cozen O'Connor on 3/21/2013

A jury found that Mid-Continent committed five separate violations of the Texas Insurance Code and awarded $2 million to the insured as compensation for the amount it paid to settle third-party claims. The trial court,...more

FTC Order Against Fraudulent Payment Processor Joins Growing List of Regulatory Actions Involving Third Party Service Providers

by Brian J. Hurh | Davis Wright Tremaine LLP on 3/20/2013

Following on the heels of significant regulatory actions by the Consumer Financial Protection Bureau, Federal Reserve, and the FDIC against regulated companies and their third-party service providers, the Federal Trade...more

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