Amid heightened inquiries from boards and board advisers within the private sector, a prevalent concern arises concerning fiduciary duties that may surface when debt covenants are triggered, when expenses are projected to...more
In This Issue:
IN THE SPOTLIGHT -
- Your Data Breach Collided With My Personal Injury Coverage
LIFE INSURANCE -
- Phantom Injury Dooms “Shadow Insurance” Case
- Latest NAIC Cybersecurity News...more
10/8/2015
/ Administrative Law Judge (ALJ) ,
AIG ,
Auto Body Shop ,
Bailout ,
Banking Sector ,
Banks ,
Big Data ,
Breach Notification Rule ,
Class Action ,
Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
CT Supreme Court ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Department of Labor (DOL) ,
Derivative Suit ,
Disclosure Requirements ,
Disparate Impact ,
EB-5 ,
Fair Housing Act (FHA) ,
FFIEC ,
Fiduciary Duty ,
Financial Institutions ,
Foreclosure ,
Healthcare ,
Insurance Industry ,
King v Burwell ,
Life Insurance ,
Mortgage Servicers ,
Mutual Funds ,
NAIC ,
Online Advertisements ,
Ransomware ,
Reassigned Phone Numbers ,
Regulation A ,
RI Supreme Court ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Standing ,
TCPA ,
Telecommunications ,
Treble Damages ,
Whistleblowers
The Ninth Circuit Court of Appeals this spring held that mutual fund shareholders could maintain direct claims against the fund’s trustees for breach of their common law fiduciary duties. Before Northstar v. Schwab, such...more
10/2/2015
/ Appeals ,
Beneficiaries ,
Breach of Duty ,
Derivative Suit ,
Fiduciary Duty ,
Investment ,
Investment Companies ,
Investors ,
Mutual Funds ,
Shareholders ,
Trustees
Shortly after the massive 2013 Target data breach, shareholders filed four derivative lawsuits against the company’s directors and some of its officers (13 CARE 624, 3/20/15). The shareholders alleged that the defendants had...more
8/17/2015
/ Caremark claim ,
Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Derivative Suit ,
Derivatives ,
Fiduciary Duty ,
Hackers ,
Home Depot ,
Information Security ,
Popular ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Target ,
Wyndham ,
Young Lawyers
In This Issue:
- IN THE SPOTLIGHT
• Risky Business: Common Cyber Security Risks, Expensive Consequences
- LIFE INSURANCE
• Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly...more
6/26/2015
/ Accounting Fraud ,
Annuities ,
Bad Faith ,
Broker-Dealer ,
Captive Insurance Company ,
Consumer Financial Contracts ,
Covered Business Method Patents ,
Cybersecurity ,
Debt Collection ,
Disability Benefits ,
Drones ,
Employee Retirement Income Security Act (ERISA) ,
Fair Lending ,
FCC ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Insurance Litigation ,
Life Insurance ,
Mandatory Arbitration Clauses ,
Patents ,
RICO ,
SAR ,
Securities and Exchange Commission (SEC) ,
Telemedicine ,
Unmanned Aircraft Systems ,
Variable Annuities ,
Virtual Currency
It is well recognized that only investors have standing to sue a mutual fund on behalf of a class of investors and that a fiduciary duty claim accusing fund trustees of mismanagement is the property of the fund, and not of...more