California passed a sweeping new privacy law that will impact many businesses. The California Consumer Privacy Act of 2018 (CCPA) is the first U.S. law to grant consumers extensive rights as to their personal information and...more
10/22/2019
/ Banks ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Gaming ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
lender ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
State and Local Government ,
Transparency
If Brexit happens, it will impact the entire European Union (EU) in various ways, and not just economically. For instance, what about the expatriates from an EU country residing in the U.K. pursuant to the current EU...more
Sens. Jeff Merkley and Cory Gardner have reintroduced the Secure and Fair Enforcement (SAFE) Banking Act as a companion to House bill HR 1595....more
4/18/2019
/ Decriminalization of Marijuana ,
Dispensaries ,
Financial Institutions ,
Legislative Agendas ,
Liability ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Proposed Legislation ,
Regulatory Oversight ,
Retailers
On March 28, 2019, the House Financial Services Committee voted overwhelmingly (45-15) to advance H.R. 1595, known as the Secure and Fair Enforcement (SAFE) Banking Act of 2019. The bill seeks to protect financial...more
On October 15, 2018, Florida Insurance Commissioner David Altmaier issued an Emergency Order (the "Order") affecting insurers writing insurance in Bay, Calhoun, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson,...more
After devastating wildfires, California legislators proposed greater wildfire insurance protection, drafting a set of bills.
The most important proposed changes are as follows...more
Before discussing how and whether the shared economy should be regulated and litigation involving the shared economy, it is important to first define what we mean by the “shared economy”. Shared economy is an economic model...more
The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Working Group (Cybersecurity WG) approved Version 6 (Finalized) of its Insurance Data Security Model Law (Model) on August 7 at the NAIC Summer...more
The Florida Legislature passed House Bill 805, regarding insurance policy transfers. If, as anticipated, the governor signs the bill into law, it will allow insurance companies writing personal lines residential and...more
Regulators Demand Third-Party Risk Management -
While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention...more
4/18/2017
/ Article III ,
Clean Shares ,
Elder Abuse ,
Exploitation ,
Fiduciary Exception ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Injury-in-Fact ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
Mutual Funds ,
NAIC ,
Reinsurance ,
Sales Commissions ,
Securities and Exchange Commission (SEC) ,
Securities Settlement Cycles ,
Spokeo v Robins ,
Standing ,
Third Party Funding ,
Third-Party Risk ,
Unfair Competition Law (UCL) ,
Variable Annuities ,
Vulnerable Victims
Rules of the (International) Road -
An Overview -
Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally,...more
3/22/2017
/ BEPS ,
China ,
Commercial Leases ,
Cuba ,
Insurance Industry ,
Intangible Property ,
International Relations ,
International Travel ,
Investment ,
Multinationals ,
Retail Market ,
Tax Planning ,
Travel Ban ,
Trump Administration
The entire Chinese economy, including its insurance industry, has experienced rapid growth in recent years. Speculative investments have become an inevitable byproduct of this growth. One of the most well-known examples of a...more
In Minnesota, the Commissioner of the Department of Commerce regulates the insurance industry, and he has a statutory right to conduct investigations “related to the duties and responsibilities entrusted to” him. Last month,...more
- AXA Prevails at First Post-Jones v. Harris Excessive Fee Trial
- Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation
- On The Horizon: Global...more
10/31/2016
/ Administrative Proceedings ,
Annuities ,
Business Continuity Plans ,
CFTC ,
Class Action ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Protection ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
EU ,
European Economic Area (EEA) ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
FSB ,
Gartenberg Factors ,
Healthcare ,
Industry Examinations ,
Insurance Industry ,
Investment Companies ,
Life Insurance ,
Long Term Care Facilities ,
Long-Term Care ,
Meals-Gifts-and Entertainment Rules ,
Mutual Funds ,
NAIC ,
NYDFS ,
Passporting ,
Regulatory Oversight ,
Retirement Plan ,
RICO ,
Risk Assessment ,
Securities ,
Securities and Exchange Commission (SEC) ,
Solvency II ,
UK ,
UK Brexit ,
Unicorns
Following the UK’s historic advisory vote to leave the EU, key questions must be answered before any real change occurs. These include: Must the government implement the advisory vote, and if so, how?
Will the UK...more
10/26/2016
/ Cybersecurity ,
Data Privacy ,
EIOPA ,
EU ,
European Economic Area (EEA) ,
Insurance Industry ,
Member State ,
NAIC ,
Passporting ,
Popular ,
Referendums ,
Solvency II ,
Treaty of Lisbon ,
UK ,
UK Brexit ,
WTO
A U.S. District Court for the Southern District of New York recently enjoined Advanced Micro Devices (AMD), from proceeding with litigation in California against National Union Fire Insurance Company (NUFIC), related to a...more
The Fifth Circuit refused to enforce an order of the NLRB that found an arbitration agreement was invalid because it waived an employee’s right to maintain employment related class or collective actions....more
- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State?
- Rules of the (International) Road: Choosing and Appointing a Distributor
...more
8/26/2016
/ Argentina ,
Authentication ,
Brazil ,
Commercial Insurance Policies ,
Community Trademark ,
Cuba ,
Cybersecurity ,
DaimlerChrysler v Bauman ,
Distributors ,
EU ,
Foreign Corporations ,
General Jurisdiction ,
Hague Convention ,
Health Insurance ,
Infrastructure ,
Insurance Industry ,
Intellectual Property Protection ,
Patent Filings ,
Personal Jurisdiction ,
Popular ,
Project Finance ,
Public Private Partnerships (P3s) ,
Public Projects ,
Sales & Distribution Agreements ,
Solvency II ,
Special Purpose Vehicles ,
Travel Restrictions ,
UK ,
UK Brexit ,
Uniform Commercial Code (UCC)
While much remains to be determined, the recent easing of U.S. restrictions on travel to and trade with Cuba may bring opportunities for U.S. and global insurance companies. However, many questions and obstacles remain. This...more
8/24/2016
/ Cuba ,
Health Insurance ,
Healthcare ,
Insurance Industry ,
Liability Insurance ,
Life Insurance ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanctions ,
Travel Restrictions ,
Vessels
A construction company appealed an order confirming an international arbitration award, which had denied the company’s demand for unpaid monies against an Antiguan medical school. The award also granted the medical school’s...more
We previously reported on a federal circuit split that has developed over the enforceability of arbitration provisions waiving class actions in employment agreements. Compare December 19, 2013 (D. R. Horton) and November 9,...more
Following the UK’s historic vote to leave the EU, numerous questions have arisen, including whether the UK will really leave the EU and whether Scotland and Northern Ireland (both of which voted to remain in the EU) will have...more
7/5/2016
/ Cybersecurity ,
Data Privacy ,
Domicile ,
EU ,
Foreign Corporations ,
Foreign Jurisdictions ,
Insurance Industry ,
Member State ,
Money Laundering ,
Parent Corporation ,
Popular ,
Referendums ,
Risk Management ,
Solvency II ,
UK ,
UK Brexit ,
Value-Added Tax (VAT)
The plaintiff, a terminated employee, had signed a two year employment agreement and a separate arbitration agreement with a home décor company. The plaintiff was terminated after six months and sued the defendant in...more
In a recent interlocutory appeal of a matter involving an arbitration of a claim for $80 million, but in which only $10,000 was awarded, the Fifth Circuit held that the amount in controversy for purposes of establishing...more
After a de novo review of the District Court’s ruling denying a bank’s motion to compel arbitration, the United States Court of Appeals for the Second Circuit reversed and remanded a district’s court order. The plaintiff...more