Regulators Hit Jackpot: Off-Channel Communications -
Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more
10/11/2023
/ Annuities ,
Artificial Intelligence ,
Best Interest Standard ,
Breach of Contract ,
Class Action ,
COBRA ,
Consumer Financial Products ,
Consumer Insurance Products ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Federal Arbitration Act ,
Financial Contracts ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Health Insurance ,
Insider Trading ,
Insurance Fraud ,
Insurance Litigation ,
Insurance Regulations ,
Interlocutory Appeals ,
Investment Management ,
Life Insurance ,
Money Market Funds ,
Mutual Funds ,
NAIC ,
NLRA ,
NLRB ,
No-Action Letters ,
Non-Compete Agreements ,
NYDFS ,
Regulatory Requirements ,
Retirement ,
Robocalling ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
State and Local Government ,
Wage and Hour
The U.S. Supreme Court’s June 2023 decision in Coinbase Inc. v. Bielski requires that district court litigation in any matter remain in the starting gate while any appeal from a denial of a motion to compel arbitration in...more
10/9/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Coinbase ,
Coinbase Inc v Bielski ,
Consumer Financial Products ,
Federal Arbitration Act ,
Financial Contracts ,
Financial Services Industry ,
Griggs v Provident Disc Co ,
Interlocutory Appeals ,
SCOTUS
In a case of first impression, the Eleventh Circuit Court of Appeals, on June 21, 2023, in NuVasive Inc. v. Absolute Medical LLC, held that the three-month time limit for challenging arbitration awards under the Federal...more
In a 5–4 decision issued June 23, 2023, in Coinbase Inc. v. Bielski, the U.S. Supreme Court resolved a circuit split over whether trial courts have the discretion to stay proceedings pending interlocutory appeal from a denial...more
6/27/2023
/ Arbitration ,
Arbitration Agreements ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Griggs v Provident Disc Co ,
Interlocutory Appeals ,
Motion to Compel ,
SCOTUS ,
Stays
On Aug. 26, by a majority of 6–1, the Florida Supreme Court adopted, effective immediately, a new Florida Rule of Civil Procedure, codifying a long-recognized protection for high-level government officials and extending that...more
A recent decision by the U.S. Court of Appeals for the Fourth Circuit has expanded the circuit split over whether a foreign arbitration is a “foreign or international tribunal” in order to support an ancillary proceeding for...more
As we previously reported, last year the Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), joined a circuit split when it held that the statute of limitations did not bar a...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
Last week's dueling Second Circuit opinions in United States v. Martoma – Chief Judge Katzman’s 37-page majority opinion and Judge Pooler vigorous 44-page dissent – once again transformed insider trading law. In the aftermath...more
8/30/2017
/ Breach of Duty ,
Dirks v SEC ,
Fiduciary Duty ,
Illegal Tipping ,
Insider Trading ,
Jury Instructions ,
Martoma ,
Personal Benefit ,
Pharmaceutical Industry ,
Securities Fraud ,
Special Relationship ,
US v Newman ,
US v Salman
We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times, most recently following the Ninth Circuit’s Resh decision last month. Under American Pipe,...more
6/28/2017
/ American Pipe & Construction Co. v. Utah ,
CalPERS v ANZ Securities ,
Class Action ,
Equitable Tolling ,
Pension Funds ,
SCOTUS ,
Section 11 ,
Section 13 ,
Securities Act ,
Securities Act of 1933 ,
Securities Litigation ,
Statute of Limitations ,
Statute of Repose
The Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), revived the third successive putative shareholder class action against a fertilizer manufacturer after the district...more
5/30/2017
/ American Pipe & Construction Co. v. Utah ,
Dismissal With Prejudice ,
Manufacturers ,
Putative Class Actions ,
Revenue Growth ,
Rule 10b-5 ,
Securities Fraud ,
Shareholder Litigation ,
Stock Prices ,
Time-Barred Claims ,
Tolling
- 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)
For decades, U.S. courts have been preferred venues for plaintiffs’ lawyers seeking to sue non-U.S. companies. This is due to the perception that American juries award vastly greater recoveries than those outside the United...more
The Federal Aviation Administration Extension, Safety, and Security Act of 2016 (“FAA Reauthorization”) was signed into law July 15. The FAA Reauthorization contained at least five sections directed specifically at unmanned...more
8/9/2016
/ Airspace ,
Aviation Industry ,
Best Practices ,
Certification Requirements ,
Commercial Use ,
Cybersecurity ,
Drones ,
Federal Aviation Administration (FAA) ,
Hackers ,
Licenses ,
New Legislation ,
Popular ,
Preemption ,
Privacy Concerns ,
Reporting Requirements ,
Technology Sector ,
Unmanned Aircraft Systems
IN THE SPOTLIGHT
· Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information?
LIFE INSURANCE
· STOLI Schemers Must Make Good on Damages Caused
· At the State Level, Is a Fixed-Index...more
4/10/2015
Unmanned Aerial Vehicles (UAVs or Drones) have been in the news increasingly over the past decade. While it began, primarily, with the federal government’s use of Drones through the military and federal law enforcement...more
On February 15, the FAA released its long-awaited proposed framework for regulating small-scale commercial drones. The proposed rules, which the FAA calls a “framework of regulations” include the following relevant...more
In a move that is bound to revolutionize both domestic and international arbitration, the American Arbitration Association ("AAA"), including its international arm, the International Centre for Dispute Resolution ("ICDR"),...more