Carlton Fields

Implementing Executive Order, FTC Calls on Public and Regulated Community to Identify Anticompetitive Regulations for Potential Repeal

The second Trump administration has issued a slew of deregulatory measures aimed at turbocharging the reduction of regulatory bloat (EO 14192, requiring the repeal of 10 regulations for every new one issued), ensuring…more

Anti-Competitive, Competition, Department of Justice (DOJ), Executive Orders, Federal Trade Commission (FTC)

See all updates »

California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners…more

Appeals, Breach of Contract, Breach of Implied Contract, California, Contract Terms

See all updates »

[Webinar] 2024 Class Action Survey Results - May 2nd, 1:00 pm - 2:00 pm ET

Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house…more

Best Practices, Class Action, Class Certification, Continuing Legal Education, Corporate Counsel

See all updates »

Employers Should Prioritize Reviewing Their Handbooks in Light of New NLRB Decision

On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the NLRB…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

See all updates »

No Password Required Podcast: Chief Product Officer at ThreatLocker and Advocate of Buc-ee’s, Mascots, and Buc-ee Mascots

On this episode, we sit down with Rob Allen, chief marketing officer at ThreatLocker, live from the 2024 Sunshine Cyber Conference. From his early days “locked” in an IT closet to his current role in the C-suite, Rob’s journey…more

Cybersecurity, Data Breach, Data Privacy

See all updates »

Considerations for Plan Sponsors in the Wake of Cunningham v. Cornell

Excessive fee cases against plans governed by the Employee Retirement Income Security Act (ERISA) have been on the rise for the last decade. ERISA litigation is expanding with novel theories such as forfeiture litigation…more

Benefit Plan Sponsors, Breach of Duty, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Insurance Company High-Yield Real Estate Investments

The Value Outside Counsel Can Contribute - The insurance industry has played a significant role in the commercial real estate (CRE) market for more than a century. A major part of CRE investments for insurance companies has…more

Commercial Mortgages, Construction Loans, Equity Investors, First-Lien, High-Yield Markets

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Trump Administration’s Executive Order on Digital Assets: A Significant Shift in U.S. Crypto Policy

On January 23, 2025, President Trump issued an executive order titled “Strengthening American Leadership in Digital Financial Technology” aimed at supporting “the responsible growth and use of digital assets, blockchain…more

Blockchain, Central Bank Digital Currency (CBDCs), Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT)

See all updates »

Beware of Nonbinding Precedent

In law school, we’re all taught the basics of binding versus nonbinding precedent. Case law from within the applicable jurisdiction is generally binding, while case law from other jurisdictions is merely persuasive. Less often…more

Administrative Orders, Administrative Procedure, Appellate Courts, Binding Precedent, Exclusive Jurisdiction

See all updates »

Expect Focus - Volume III - September 2017

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. …more

Annuities, Best Interest Contract Exemptions, Big Data, Blockchain, Capital Raising

See all updates »

Penn State Settlement Shows Growing Cybersecurity Risks for Schools That Contract With Government Agencies on Sensitive Matters

Penn State recently agreed to pay $1.25 million to settle allegations of False Claims Act violations related to its cybersecurity controls after a whistleblower alleged that the university failed to adhere to cybersecurity…more

Cybersecurity, Data Breach, Data Protection, Department of Defense (DOD), Enforcement Actions

See all updates »

Expect Focus - Volume IlI, September 2024

Gone With the Wind? Closed-End Funds Risk Extinction - Shares of SEC-registered closed-end funds (CEFs) have long held significant potential advantages for some investors. For example, unlike shares of mutual funds (which…more

Cybersecurity, Employee Benefits, Employee Retirement Income Security Act (ERISA), Federal Trade Commission (FTC), Financial Industry Regulatory Authority (FINRA)

See all updates »

Embracing Technology in a Changing Legal Landscape

With virtual court appearances now the reality before both trial and appellate judges, our lawyers are using state-of-the-art technology to prepare for such appearances and to present our cases effectively…more

Administrative Hearings, Best Practices, Coronavirus/COVID-19, Judicial Proceedings, Legal Project Management

See all updates »

Expect Focus - Volume III, September 2023

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

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

Eleventh Circuit Addresses Potential Conflict Between FDCPA and TILA, Holds That Debt Collector Must Comply With Both

On July 1, 2022, the Eleventh Circuit Court of Appeals issued a published decision in Lamirand v. Fay Servicing LLC that addressed an asserted conflict between the Fair Debt Collection Practices Act (FDCPA) and the Truth in…more

Consumer Financial Products, Debt Collection, Debt Collectors, FDCPA, Loans

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Seventh Circuit Holds Liability Carrier Did Not Act in Bad Faith by Paying Underinsured Motorist Benefits After Four Years of Negotiations

In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s holding, under Illinois law, that an underinsured motorist insurer did not breach its insurance contract, and no implied duty…more

Appeals, Arbitration, Breach of Contract, Car Accident, Contract Disputes

See all updates »

Agency Order Issued by CDC: Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

Effective immediately upon publication in the Federal Register through December 31, 2020: Broad, sweeping order precluding residential evictions through the end of 2020 from any residential property (private or government owned)…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress

See all updates »

Best Practices for Officers, Directors, and Advisers Navigating Fiduciary Challenges Amid Economic Uncertainty

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 exceed…more

Board of Directors, Corporate Governance, Debt, Fiduciary Duty, Financial Solvency

See all updates »

New Jersey Appellate Division Rules That Private Social Media Posts Are Subject to Discovery

In a recent decision, the New Jersey Appellate Division provided new guidance on whether private social media posts, profiles, and comments may be compelled in litigation. In Davis v. Disability Rights New Jersey, Norma Davis…more

Appeals, Discovery, Former Employee, Social Media, Wrongful Termination

See all updates »

Georgia Trial Court Limits the Protection of Georgia's Anti-SLAPP Statute

A recent opinion from the DeKalb County State Court, currently certified for appeal with the Supreme Court of Georgia, included a reminder that the protections afforded by Georgia's anti-SLAPP statute have limits. Georgia's…more

Anti-SLAPP, Government Investigations, Media, News Stories

See all updates »

Portions of DEI Executive Orders Blocked by Federal Judge

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded…more

Anti-Discrimination Policies, Constitutional Challenges, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Litigation

See all updates »

Federal Judge Blocks DOL Rule Raising Overtime Exemption Salary Threshold

On November 15, 2024, U.S. District Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s 2024 regulations for executive, administrative, and professional (EAP)…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

New Attestation for Florida Residential Property Insurers

On July 17, 2023, the Florida Office of Insurance Regulation (OIR) released an informational memorandum to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now 2023-172,…more

Attestation Requirements, Florida, Insurance Code, Insurance Regulations, Property Insurance

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Estate Tax, Foreign Tax Credits, Gift Tax, Immigrants, Income Taxes

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

HHS Announces Final Rule on Reproductive Health Care Privacy

On April 22, the Department of Health and Human Services (HHS) announced a final rule to support reproductive health care privacy under HIPAA. The rule aims to support reproductive health care privacy "by prohibiting the…more

Department of Health and Human Services (HHS), Final Rules, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

See all updates »

Full-Blown OFCCP Construction Contractor Compliance Evaluations May Soon Be on the Horizon – Are You Ready?

Late last year, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register that it was seeking OMB approval to use a new scheduling letter and accompanying…more

CSALs, Federal Contractors, OFCCP, OIG, OMB

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The plaintiff’s…more

Appeals, Arbitration, Arbitration Agreements, Civil Rights Act, Coronavirus/COVID-19

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

FINRA Issues 2025 Annual Regulatory Oversight Report

On January 28, 2025, FINRA issued its 2025 Annual Regulatory Oversight Report, providing a detailed look into FINRA’s current regulatory oversight of member firms and their registered personnel…more

Annual Reports, Annuities, Anti-Money Laundering, Artificial Intelligence, Cybersecurity

See all updates »

No Password Required: CEO of HACKERverse.ai, Disruptor of Cybersecurity Sales and Most Other Things

On this episode, we sit down with Mariana Padilla, CEO and co-founder of HACKERverse.ai — an AI-driven platform transforming how cybersecurity solutions are tested and purchased. From her early days in education and nonprofits…more

Artificial Intelligence, Business Development, Cybersecurity, Hackers, Innovative Technology

See all updates »

Charges By Law Firm-Owned Vendors Challenged In Putative Client Class

Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the “law firm”) to represent them in two separate personal injury lawsuits on a contingency basis…more

Breach of Duty, Class Action, Contract Terms, Fees, Fiduciary Duty

See all updates »

Expect Focus - Volume II, May 2024

Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC published…more

Artificial Intelligence, Broker-Dealer, CFTC, Climate Change, Cybersecurity

See all updates »

Motions in Limine: An Update on Uses, Abuses, and Pitfalls

Motions in limine (“on or at the threshold” or “in the beginning”) can be a useful tool in a trial lawyer’s hands. Used strategically and prophylactically, they can “eliminate the noise surrounding” a trial by preventing an…more

Client Services, Evidence, Inadmissible Evidence, Jury Trial, Motions in Limine

See all updates »

Florida’s “Totality of Circumstances” Bad Faith Analysis Should Consider Claimant’s Actions as a “Factor” but Not a “Focus”

A recent decision of the Eleventh Circuit Court of Appeals limits the Florida Supreme Court’s approach to evaluating whether an insurer committed bad faith in handling a claim against its insured…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Property Damage

See all updates »

Beware of Nonbinding Precedent

In law school, we’re all taught the basics of binding versus nonbinding precedent. Case law from within the applicable jurisdiction is generally binding, while case law from other jurisdictions is merely persuasive. Less often…more

Administrative Orders, Administrative Procedure, Appellate Courts, Binding Precedent, Exclusive Jurisdiction

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

SEC Engages in “Targeted, Common-Sense” Reorganization

It has been reported that the Securities and Exchange Commission (SEC) recently reduced head count by an estimated 12% due to the Trump administration’s effort to rapidly downsize the federal government. Particularly hard-hit by…more

Asset Management, Capital Markets, Deregulation, Enforcement, Enforcement Actions

See all updates »

As Class Action Spending Continues to Climb, Companies Manage Greater Risks

Class action spending by companies across industries increased for the second consecutive year, reversing a downward trend that occurred between 2011 and 2014. While the percentage of companies managing at least one active class…more

Affordable Care Act, Alternative Fee Arrangements, Antitrust Litigation, Class Action, Consumer Financial Protection Bureau (CFPB)

See all updates »

Should I Stay (Home) or Should I Go (to the Office)?

“Ninety percent of life is just showing up,” according to Woody Allen. The saying seems dated now—lawyers are not showing up, at least to the office, 90 percent of the time. Some lawyers believe that there is zero percent need…more

Coronavirus/COVID-19, Law Firm Associates, Law Firm Partners, Law Practice Management, Remote Working

See all updates »

California Court Holds Intentional Acts Exclusion Bars Coverage for Shooting Claim Even Though Shooter Believed Gun Unloaded

In Helguera v. Mid-Century Insurance Co., California’s Fourth District Court of Appeal held that an intentional acts exclusion in the liability coverage part of a homeowners insurance policy issued by Mid-Century Insurance Co…more

Bad Faith, California, Homeowner's Insurance, Insurance Claims, Insurance Litigation

See all updates »

New Disclosures Required Regarding Subsurface Rights In Florida

On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential…more

Mineral Rights, Minerals, Natural Resources, Subsurface Estates

See all updates »

The SEC Addresses Initial Coin Offerings

On July 25, 2017, the Securities and Exchange Commission (SEC) issued a Report of Investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934 (Report) and an Investor Bulletin: Initial Coin Offerings…more

Blockchain, Digital Currency, Distributed Ledger Technology (DLT), Financial Markets, Initial Coin Offering (ICOs)

See all updates »

Getting Writs Right

Writs are formal written commands developed in English common law more than a thousand years ago. Despite the antiquated Latin terminology, when properly understood writs provide a critical avenue for immediate and expeditious…more

FL Supreme Court, Quo Warranto Writs, Writ of Mandamus

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Florida Restricts Medically Unnecessary, Non-Urgent, or Non-Emergency Procedure or Surgery

Until the expiration of executive order 20-52, including any extensions, all hospitals, ambulatory surgical centers, office surgery centers, dental, orthodontic and endodontic offices, and other health care practitioners'…more

Coronavirus/COVID-19, Florida, State and Local Government, Unnecessary Medical Procedures

See all updates »

As Anticipated: SCOTUS Makes the Appellate Process of Purely Legal Issues Less Stringent

In a prior post, we discussed the oral argument in Dupree v. Younger, in which the U.S. Supreme Court questioned the preservation requirement in a minority of circuits that a purely legal issue resolved at summary judgment be…more

Dupree v Younger, Fourteenth Amendment, SCOTUS, Summary Judgment

See all updates »

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly…more

Affirmative Action, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

[Webinar] Can You Live Local? Benefits and Challenges of Developing Affordable Housing in Florida - January 23rd, 2:30 pm - 3:30 pm ET

It's been just a few months since Florida enacted the Live Local Act to boost affordable housing, and developers are already proposing new projects under the new law. In this webinar, our panelists will discuss the benefits…more

Affordable Housing, Best Practices, Community Development, Florida, Housing Developers

See all updates »

Royal Canin v. Wullschleger: A Primer on Jurisdiction

In the Supreme Court’s latest opinion, Royal Canin U.S.A. Inc. v. Wullschleger, the court takes us back to basics on the basis for federal question and supplemental jurisdiction…more

CAFA, Certiorari, Class Action, Popular, Removal

See all updates »

Change Healthcare Cyberattack Emphasizes Importance of Cybersecurity Readiness; Considerations for Hardening Your Cybersecurity Program

As the health care industry continues reeling from the recent Change Healthcare ransomware attack that crippled large portions of the U.S. health care system, health care providers are naturally reminded of the importance of…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

See all updates »

Recent Denial of Business Interruption Coverage to Cannabis Manufacturer Highlights Importance of Diving Into the Weeds of Insured’s Business Practices

In Theraplant LLC v. National Fire & Marine Insurance Co., the U.S. District Court for the District of Connecticut denied the insured cannabis cultivator’s claim for business interruption coverage because the insured failed to…more

Agribusiness, Business Interruption, Business Litigation, Business Losses, Denial of Insurance Coverage

See all updates »

Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement

In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance…more

Appellate Courts, Class Action, Class Action Settlement, Commercial Insurance Policies, Excess Policies

See all updates »

[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

Embracing Technology in a Changing Legal Landscape

With virtual court appearances now the reality before both trial and appellate judges, our lawyers are using state-of-the-art technology to prepare for such appearances and to present our cases effectively…more

Administrative Hearings, Best Practices, Coronavirus/COVID-19, Judicial Proceedings, Legal Project Management

See all updates »

New Crypto Bill Seeks to Regulate Digital Assets and Their Markets

The Responsible Financial Innovation Act is the most recent legislative package attempting to standardize and regulate the digital assets markets on a federal level. Introduced in Congress by Sens. Cynthia Lummis and Kirsten…more

Cryptocurrency, Digital Assets, Digital Currency, Virtual Currency

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Flooded: Court Finds “Named Windstorm” Coverage, and Not Flood Sublimit, Applies to Superstorm Sandy Water Damage Claim

When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the…more

All-Risks Insurance, Denial of Insurance Coverage, Flood Insurance, Flooding, Hurricane Sandy

See all updates »

New York AG Leads Antitrust Investigation Into Social Media Platform

On September 6, New York's attorney general announced that she will lead an antitrust investigation focused on Facebook. The leadership team conducting the investigation also includes the attorneys general of Colorado, Florida,…more

Anti-Competitive, Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ)

See all updates »

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of Damages

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to an…more

All-Risks Insurance, Breach of Contract, Continuous Trigger Theory, Damages, Denial of Insurance Coverage

See all updates »

Real Property, Financial Services, & Title Insurance Update: Week Ending July 29, 2022

Real Property Update - Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank…more

Article III, Eviction, FDCPA, Foreclosure, Standing

See all updates »

[Webinar] 2024 Class Action Survey Results - May 2nd, 1:00 pm - 2:00 pm ET

Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house…more

Best Practices, Class Action, Class Certification, Continuing Legal Education, Corporate Counsel

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Health Care Worker Vaccine Mandates: New Strings Attached for Federal Funds

On November 4, the Centers for Medicare & Medicaid Services (CMS) announced the publication of an interim final rule with comment period (IFC) requiring that workers in most Medicare and Medicaid participating health care…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Healthcare Workers

See all updates »

Classified (Bi-)Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts July and August 2024

The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions…more

Article III, Ascertainable Class, CAFA, Class Action, Class Certification

See all updates »

[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

So, What Was Reserved? Potential Claims Handling Pitfalls Under a Reservation

It is common claims handling practice to use reservations of rights. Whether during an initial investigation, providing the insured with a defense, or even in the context of a denial of coverage, claims handlers routinely rely…more

Denial of Insurance Coverage, Insurance Claims, Insurance Litigation, Policy Terms, Reservation of Rights

See all updates »

2018 Florida Legislature Amends Construction Statute Of Limitations And Repose

The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final…more

Amended Legislation, Construction Defects, Construction Litigation, Construction Project, Real Estate Development

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Your Apps May Be Selling You Out

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via the…more

Advertising, Browser History Sniffing, Cookies, Data Collection, Google

See all updates »

Cybersecurity May Be OCR’s New Year’s Resolution

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) appears to have made cybersecurity its New Year’s resolution. The first few weeks of 2025 have already brought with them proposed amendments to the…more

Cybersecurity, Data Breach, Data Protection, Electronic Protected Health Information (ePHI), Enforcement Actions

See all updates »

CMS Issues Blanket Waivers From the Stark Law

On March 30, 2020, in response to the public health emergency resulting from the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) issued blanket waivers from section 1877 of the Social Security Act (the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Medicare, Physicians

See all updates »

DOJ Issues New Guidance on the Investigation and Prosecution of Corporations and Corporate Officers

On September 15, 2022, Deputy Attorney General Lisa Monaco announced significant revisions to the Department of Justice’s corporate criminal enforcement policies. Monaco’s remarks, delivered in a speech at New York University,…more

Compliance, Compliance Monitoring, Corporate Crimes, Corporate Misconduct, Criminal Prosecution

See all updates »

Food for Thought: Can the Small Business Reorganization Act Be a Path for Restaurant Franchises?

Both franchisees and franchisors in the restaurant industry have weathered tumultuous times due to the economic consequences of COVID-19. Franchisors faced hurdles such as having to reduce or eliminate royalties for distressed…more

CARES Act, Chapter 11, Coronavirus/COVID-19, Franchisee, Franchises

See all updates »

Florida Appellate Court Embraces Daubert Standard And Provides First In-Depth Analysis Under New Law

Last week, the Third District Court of Appeal resolved any questions concerning the applicability of the Daubert standard in Florida following the legislative changes to Florida's evidence code in July 2013…more

Appeals, Daubert Hearing, Daubert Standards, Evidence, Expert Testimony

See all updates »

Expect Focus - Volume IlI, September 2024

Gone With the Wind? Closed-End Funds Risk Extinction - Shares of SEC-registered closed-end funds (CEFs) have long held significant potential advantages for some investors. For example, unlike shares of mutual funds (which…more

Cybersecurity, Employee Benefits, Employee Retirement Income Security Act (ERISA), Federal Trade Commission (FTC), Financial Industry Regulatory Authority (FINRA)

See all updates »

Fifth Circuit Affirms Finding of No Coverage for Phished Funds Never “Held” by Insured

As we previously reported, in February 2021, a Texas federal court ruled that RealPage Inc. was not entitled to insurance coverage for funds diverted in an email phishing scheme because RealPage did not “hold” the diverted…more

Commercial Crime Insurance Polices, Corporate Counsel, Email, Insurance Claims, Insurance Industry

See all updates »

Deal Carefully With Bitcoins Until Legislation Catches Up

Interest in cryptocurrencies is growing, even after Mt. Gox, formerly the largest international bitcoin exchange, filed for bankruptcy in Japan following $473 million in losses. Bitcoin’s resulting drop in value, from a $1,000…more

Bitcoin, Virtual Currency

See all updates »

FTC Proposes Nationwide Ban on Noncompete Agreements for All Employers: How to Comment on This Proposed Rule  

A new proposed rule from the Federal Trade Commission (FTC) seeks to ban all employers, on a nationwide basis, from entering into, attempting to enter into, maintaining, or representing to a worker that the worker is subject to,…more

Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

FCC Notice Of Inquiry Highlights AI Robocall Concerns

In an iconic scene from "Terminator 2," Arnold Schwarzenegger's good Terminator perfectly impersonates Edward Furlong's voice in a test to see if the teenager's house was under siege by Robert Patrick's evil Terminator…more

Algorithms, Artificial Intelligence, Consent, FCC, Federal Trade Commission (FTC)

See all updates »

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral…more

Appeals, Arbitration Agreements, Breach of Contract, Business Disputes, Business Litigation

See all updates »

Top Considerations for Businesses Under Jamaica’s Data Protection Act, Effective 2022

Jamaica’s Data Protection Act (DPA) was enacted in May 2020, modeled after the European Union’s General Data Protection Regulation (GDPR). While many companies may not be aware of this critical piece of privacy legislation and…more

Cybersecurity, Data Privacy, Data Protection, Data Protection Acts, Data Security

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

FTC Proposes Nationwide Ban on Noncompete Agreements for All Employers: How to Comment on This Proposed Rule  

A new proposed rule from the Federal Trade Commission (FTC) seeks to ban all employers, on a nationwide basis, from entering into, attempting to enter into, maintaining, or representing to a worker that the worker is subject to,…more

Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

Expect Focus - Volume I, January 2025

The Mysterious Boundary Beyond Which “Personal” Relationships Jeopardize a Director’s Independence - In a recent enforcement action, the SEC concluded that the relationship between James Craigie and an officer of Church &…more

Blockchain, Board of Directors, BSA/AML, Consumer Insurance Products, Corporate Governance

See all updates »

COVID-19: What Can a Lender Do to Prepare for the Inevitable Defaults?

The spread of COVID-19 across the globe has created immediate and dynamic concerns for the financial sector, which are beginning to trigger financial repercussions unlike anything since the Great Recession began in 2007/2008…more

Coronavirus/COVID-19, Credit, Default, Forbearance Agreements, Force Majeure Clause

See all updates »

Amendment 7 Prevails Over Patient Safety Work Product Protections

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist Hospital…more

Amicus Briefs, Appeals, FL Supreme Court, Florida, Health Care Providers

See all updates »

Food for Thought: A Review of 2016 Litigation

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others relate…more

7-Eleven, All Natural, Anheuser-Busch, Beer, Chipotle Grill

See all updates »

Gov. DeSantis Signs Law to Address Emotional Support Animals in Housing

On June 24, Gov. Ron DeSantis signed Senate Bill 1084 into law, prohibiting housing discrimination for people with a disability-related need for an emotional support animal (ESA)…more

Disability Discrimination, Emotional Support Animals, Governor DeSantis, Housing Discrimination, Landlords

See all updates »

[Webinar] Florida’s Uniform Commercial Real Estate Receivership Act - October 21st, 12:00 pm - 1:00 pm EDT

Florida’s Uniform Commercial Real Estate Receivership Act (UCRERA) went into effect on July 1, 2020, clarifying the standards for appointment of a receiver for commercial real estate and the receiver’s powers and duties. UCRERA…more

Asset Management, Borrowers, Commercial Property Owners, Commercial Real Estate Market, Court-Appointed Receivers

See all updates »

[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

[Webinar] The Government Construction Contract Transition: Making the Plunge from Commercial to Government Work - February 18th, 2:00 pm ET

Given the slowdown of construction activity, there is an inevitable uptick in government contract activity. Contractors who are entering into the government contract arena need to know the complex rules and regulations in order…more

Construction Contracts, Construction Industry, Contract Claims, Executive Orders, False Claims Act (FCA)

See all updates »

Changes to the Patent Landscape for the Insurance and Financial Industries

Changes in patents are afoot that will have a significant effect on the insurance and financial industries. Although business method patents have been the pariah of the patent industry for the past few years..…more

Abstract Ideas, CLS Bank v Alice Corp, Covered Business Method Patents, Intellectual Property Protection, Inventions

See all updates »

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly…more

Affirmative Action, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

Expect Focus - Volume I, January 2025

The Mysterious Boundary Beyond Which “Personal” Relationships Jeopardize a Director’s Independence - In a recent enforcement action, the SEC concluded that the relationship between James Craigie and an officer of Church &…more

Blockchain, Board of Directors, BSA/AML, Consumer Insurance Products, Corporate Governance

See all updates »

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims…more

American Pipe & Construction Co. v. Utah, Auto-Dialed Calls, Class Action, Class Certification, Debt Collection

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

[Event] Building Resiliency Into the Construction Industry - September 7th, Miami, FL

In the construction industry, resilience generally refers to a building’s or infrastructure element’s ability to avoid, mitigate, absorb, or recover from physically destructive events, with an eye toward overall…more

Catastrophic Events, Coastal Real Estate, Construction Industry, Construction Project, Events

See all updates »

FTC Proposes Nationwide Ban on Noncompete Agreements for All Employers: How to Comment on This Proposed Rule  

A new proposed rule from the Federal Trade Commission (FTC) seeks to ban all employers, on a nationwide basis, from entering into, attempting to enter into, maintaining, or representing to a worker that the worker is subject to,…more

Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

Classified (Bi-)Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts July and August 2024

The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions…more

Article III, Ascertainable Class, CAFA, Class Action, Class Certification

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Foreign Tax Credits, Immigration Procedures, Income Taxes, Tax Planning

See all updates »

Florida Restricts Medically Unnecessary, Non-Urgent, or Non-Emergency Procedure or Surgery

Until the expiration of executive order 20-52, including any extensions, all hospitals, ambulatory surgical centers, office surgery centers, dental, orthodontic and endodontic offices, and other health care practitioners'…more

Coronavirus/COVID-19, Florida, State and Local Government, Unnecessary Medical Procedures

See all updates »

Best Practices for Officers, Directors, and Advisers Navigating Fiduciary Challenges Amid Economic Uncertainty

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 exceed…more

Board of Directors, Corporate Governance, Debt, Fiduciary Duty, Financial Solvency

See all updates »

New SEC Management Boldly Charts New Course

A shift in leadership at the Securities and Exchange Commission often brings significant changes in regulatory priorities and enforcement approaches. As anticipated in our firm’s EO Watch alert, “Immediate Practical Consequences…more

Administrative Appointments, Cryptocurrency, Executive Orders, Financial Markets, Financial Regulatory Reform

See all updates »

Loan Restructuring and Forbearance Agreements in the Face of COVID-19 – The Lender’s Perspective

The last few weeks have been very rough on borrowers, particularly in the hospitality and retail industries. Although there are a lot of unknowns surrounding COVID-19 and its impact on our health and economy, we do know that the…more

CMBS, Coronavirus/COVID-19, Debt Restructuring, Forbearance Agreements, Lenders

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Expect Focus - Volume IlI, September 2024

Gone With the Wind? Closed-End Funds Risk Extinction - Shares of SEC-registered closed-end funds (CEFs) have long held significant potential advantages for some investors. For example, unlike shares of mutual funds (which…more

Cybersecurity, Employee Benefits, Employee Retirement Income Security Act (ERISA), Federal Trade Commission (FTC), Financial Industry Regulatory Authority (FINRA)

See all updates »

Expect Focus - Volume I, January 2025

The Mysterious Boundary Beyond Which “Personal” Relationships Jeopardize a Director’s Independence - In a recent enforcement action, the SEC concluded that the relationship between James Craigie and an officer of Church &…more

Blockchain, Board of Directors, BSA/AML, Consumer Insurance Products, Corporate Governance

See all updates »

SB 1103: What California Landlords and Tenants Need to Know

Senate Bill 1103, which took effect on January 1, 2025, amends sections 827, 1632, 1946.1, and 1950.9 of the California Civil Code. This legislation grants new lease protections to “qualified commercial tenants.”…more

California, Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords

See all updates »

Prepping for the Panel (Or Not)

When you have an appeal in a new jurisdiction, add to your checklist a note to look at the court’s procedures for announcing oral argument panels. Courts vary in their approaches to announcing panel composition in advance of…more

Appeals, Appellate Courts, Jurisdiction, Oral Argument

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete

In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage…more

Breach of Contract, Commercial General Liability Policies, Construction Contracts, Construction Project, Contract Terms

See all updates »

FINRA Issues 2025 Annual Regulatory Oversight Report

On January 28, 2025, FINRA issued its 2025 Annual Regulatory Oversight Report, providing a detailed look into FINRA’s current regulatory oversight of member firms and their registered personnel…more

Annual Reports, Annuities, Anti-Money Laundering, Artificial Intelligence, Cybersecurity

See all updates »

[Webinar] New Florida Law Banning Real Estate Ownership by Foreign Principals From Certain Foreign Countries - May 22nd, 12:00 pm - 1:30 pm EDT

On May 8, 2023, Gov. Ron DeSantis signed into law Senate Bill 264, creating Florida Statutes sections 692.201 through 692.205, which prohibits the direct or indirect ownership of various categories of real estate by individuals…more

China, Cuba, Florida, Foreign Ownership, Governor DeSantis

See all updates »

Florida Regulation of PFAS at Airports and Governmental Installations Ramps Up

A new environmental issue could have a major impact on airports. The Florida Department of Environmental Protection (FDEP) is in the process of performing investigations at a number of federal, state, and local facilities that…more

Airports, Aviation Industry, Contaminated Properties, Contamination, Department of Environmental Protection

See all updates »

Yahoo Enters $80 Million Securities Class Action Settlement After Data Breach

On March 2, Yahoo, Inc. (“Yahoo”) filed a proposed settlement in In re Yahoo Inc. Securities Litigation, which was filed in U.S. District Court in San Francisco…more

Class Action, Cybersecurity, Data Breach, Failure To Disclose, Personally Identifiable Information

See all updates »

Employer Readiness for ICE Audits and Enforcement Actions

Since late January, workplace immigration audits and enforcement actions have been conducted across several industries, including hospitality, agriculture, construction, health care, and manufacturing. Employers should…more

Audits, E-Verify, Employer Responsibilities, Employment Discrimination, Employment Eligibility Verification

See all updates »

New York Federal Court Enforces Exclusion Barring Coverage for Claims Based on Any Misrepresentation, Regardless of Perceived Materiality

When state law provides that an insurance contract can be rescinded for misrepresentations only if they are “material,” can an insurer contract around that rule by adding an exclusion for all claims based on any…more

Breach of Contract, Commercial Insurance Policies, Contract Disputes, Endorsements, Insurance Claims

See all updates »

Verizon False Claims Act Settlement Signals DOJ’s Sustained Focus on Cybersecurity-Related Violations

On September 5, the Department of Justice (DOJ) settled allegations under the False Claims Act against Verizon Business Network Services LLC, a telecommunications provider. The settlement emphasizes the DOJ’s continued efforts…more

Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors, General Services Administration (GSA)

See all updates »

The Corporate Transparency Act: What You Need to Know Pending FinCen Regulations

In an effort to combat money laundering, tax fraud, and other similar financial crimes, Congress recently passed the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act. The CTA requires certain…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Reporting Requirements

See all updates »

Everything (Including Inconsistent Things) All at Once: The Trump Administration’s Initial Steps Toward Permitting Reform

President Trump came into office pledging to speed up federal environmental permitting, and he has issued a series of executive orders that touch on some aspect of expediting environmental reviews…more

CEQ, Department of Government Efficiency (DOGE), Deregulation, Energy Policy, Energy Projects

See all updates »

Expect Focus - Volume I, January 2025

The Mysterious Boundary Beyond Which “Personal” Relationships Jeopardize a Director’s Independence - In a recent enforcement action, the SEC concluded that the relationship between James Craigie and an officer of Church &…more

Blockchain, Board of Directors, BSA/AML, Consumer Insurance Products, Corporate Governance

See all updates »

A Bridge Too Far: Pennsylvania Federal Court Declines to Extend Coverage Beyond Policy’s Plain and Unambiguous Terms

It’s apt to name a blog post after one of history’s great action movies when the case involves a “conceptual artillery duel” that “ends in a draw,” and that is exactly how U.S. District Judge Gerald Austin McHugh Jr. of the…more

Contract Terms, Denial of Insurance Coverage, Financial Instruments, Fraud, Insurance Claims

See all updates »

Ledgers and Law: Roadblocks Facing the Cannabis Industry

The cannabis industry faces numerous challenges given the current federal legislation and regulatory framework, including a lack of service providers, illusory insurance coverage options, and higher risk with fewer protections…more

Bank Service Providers, Cannabis-Related Businesses (CRBs), Capital Raising, Commercial General Liability Policies, Denial of Insurance Coverage

See all updates »

Bankruptcy Provisions in the CARES Act

There are some key provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act that provide additional relief to those businesses and consumers who may be seeking to file a bankruptcy petition. The CARES Act,…more

CARES Act, Commercial Bankruptcy, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

See all updates »

Creative Reuse: The Opportunities and Challenges of Converting Office Space to Residential

Commercial owners are faced with new financial realities in 2022. Tenants’ desire for less space and the shortage of housing provide new opportunities for landlords by converting their office space and other hard assets to…more

Commercial Property Owners, Commercial Real Estate Market, Mixed-Use Zoning, Office Space, Real Estate Development

See all updates »

Do I Still Get Paid? California Employers Facing Tough Questions After Shutdowns Due to COVID-19

Employers across California face difficult questions from concerned employees as federal, state, and local governments have begun increasing their efforts to prevent the spread of COVID-19…more

Coronavirus/COVID-19, Emergency Management Plans, Family and Medical Leave Act (FMLA), Federal Labor Laws, Sick Leave

See all updates »

Owner COVID-19 Construction Project Considerations

As a result of the global COVID-19 pandemic, owners with active construction projects are now facing a tsunami wave of issues that in many cases must be immediately addressed…more

CARES Act, Construction Contracts, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

See all updates »

“Restoring Gold Standard Science” Executive Order Steps Away From Biden Administration’s “Equitable” Approach

Both President Trump’s and President Biden’s administrations have emphasized in executive orders and presidential memoranda the need for objective, science-based decision-making. However, Trump’s May 23, 2025, Executive Order…more

Biden Administration, Diversity and Inclusion Standards (D&I), Executive Orders, Government Agencies, OSTP

See all updates »

Amgen, Juno And The Fate Of Functional Genus Claims

The U.S. Court of Appeals for the Federal Circuit issued two significant decisions last year that affect the protection of biotechnology through the use of functional genus claims — Amgen Inc. v. Sanofi and Juno Therapeutics…more

Amgen, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

See all updates »

Getting Writs Right

Writs are formal written commands developed in English common law more than a thousand years ago. Despite the antiquated Latin terminology, when properly understood writs provide a critical avenue for immediate and expeditious…more

FL Supreme Court, Quo Warranto Writs, Writ of Mandamus

See all updates »

Transacting Insurance Business in Venezuela: Current Regulatory Challenges

The increasingly unstable political situation in Venezuela, exacerbated by the exile of opposition candidate Edmundo González following disputed presidential election results, compels U.S. financial services companies, including…more

Anti-Corruption, Commercial Insurance Policies, Doing Business, Economic Sanctions, Foreign Corrupt Practices Act (FCPA)

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Practical Issues for Transitioning to a Post-Pandemic Workplace

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) published long-awaited updates to its guidance on EEO-related issues stemming from the COVID-19 pandemic. Among other things, the EEOC's updated guidance…more

Coronavirus/COVID-19, EEO, Employee Incentive Plans, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

New Crypto Bill Seeks to Regulate Digital Assets and Their Markets

The Responsible Financial Innovation Act is the most recent legislative package attempting to standardize and regulate the digital assets markets on a federal level. Introduced in Congress by Sens. Cynthia Lummis and Kirsten…more

Cryptocurrency, Digital Assets, Digital Currency, Virtual Currency

See all updates »

Crypto Business Compliance: U.S. Licensing and Regulations

The crypto industry is evolving rapidly, and regulatory enforcement is keeping pace. Businesses engaged in crypto transactions, custody, lending, trading, or payments must navigate know your customer (KYC) and anti-money…more

Anti-Money Laundering, BitLicense, BSA/AML, CFTC, Commodities

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Crypto Business Compliance: U.S. Licensing and Regulations

The crypto industry is evolving rapidly, and regulatory enforcement is keeping pace. Businesses engaged in crypto transactions, custody, lending, trading, or payments must navigate know your customer (KYC) and anti-money…more

Anti-Money Laundering, BitLicense, BSA/AML, CFTC, Commodities

See all updates »

In Federal Court, Reconsider Merely Serving Your Motion for Reconsideration

Under Rule 4 of the Federal Rules of Appellate Procedure, in most federal civil actions, a notice of appeal must be filed with the district court clerk within 30 days after entry of the judgment or order being appealed, as…more

Appeals, Federal Rules of Appellate Procedure, Federal Rules of Civil Procedure, Litigation Strategies, Motion for Reconsideration

See all updates »

Money for Nothing: A Lender's Consent Form to Permit Debt From Government Programs

In response to the unparalleled impact on commercial real estate properties resulting from the COVID-19 pandemic, borrowers have flocked to authorized lenders to apply for loans and other relief offered under the SBA’s Disaster…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Main Street Lending Programs

See all updates »

Imperfect Perfection: Florida Has Zero Tolerance for Creditors Who Misname Debtors in UCC-1 Financing Statements

“What’s in a name? That which we call a rose by any other name would smell just as sweet.” Not so fast, Juliet. While this sweet sentiment may have fared well in William Shakespeare’s, Romeo and Juliet, it does not in Florida…more

Bankruptcy Court, Creditors, Debtors, Uniform Commercial Code (UCC)

See all updates »

EXPECT FOCUS: Onboard Technology, NAIC Cybersecurity, DOL, ACA Litigation, SEC Regulation (Vol. III, Summer 2015)

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

Administrative Law Judge (ALJ), AIG, Auto Body Shop, Bailout, Banking Sector

See all updates »

What's the Future of Hospitality and Tourism in Cuba as U.S. Embargo Loosens?

The loosening of the U.S. trade embargo on Cuba has generated significant discussion regarding the country's potential for economic transformation. Most analysts agree that Cuba will be a very different country 10 years from…more

Cuba, Embargo, Foreign Relations, Hospitality Industry, Hotels

See all updates »

More on Competent Summary Judgment Evidence: The Rule Does Not Just Apply to Affidavits

We previously wrote about the requirements many jurisdictions impose for affidavits or declarations submitted in conjunction with motions for summary judgment, including that they must be based on personal knowledge, show the…more

Affidavits, Appeals, Depositions, Evidence, Jurisdiction

See all updates »

Certain Debtors Are Now Eligible to Apply for PPP Loans

The Small Business Administration (SBA) recently provided new guidance regarding the eligibility of certain debtors to apply for Paycheck Protection Program (PPP) loans, clarifying that, despite the general rule that debtors…more

CARES Act, Consolidated Appropriations Act (CAA), Debtors, Paycheck Protection Program (PPP), Relief Measures

See all updates »

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,…more

Affidavits, Alter Ego, Burden of Proof, Business Entities, Clear and Convincing Evidence

See all updates »

High Crimes and Misdemeanors: The FAA and Pilot DUIs

Know before you blow! In this episode, we explore the consequences and repercussions of DUIs for pilots. As professionals who hold a high level of responsibility and trust, pilots are held to strict regulations when it comes to…more

DUI, Federal Aviation Administration (FAA), Misdemeanors, Pilots

See all updates »

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1, Winter 2015]

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

See all updates »

Federal and State Officials Launch Joint Efforts to Investigate and Prosecute Fraud Related to the Coronavirus

As the coronavirus pandemic affects the normal way of life across the country, federal prosecutors and investigative agencies have begun establishing initiatives to investigate and combat fraudulent schemes related to the virus…more

Coronavirus/COVID-19, Corruption, Department of Justice (DOJ), Fraud, Investment Fraud

See all updates »

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability…more

Arbitration, Arbitration Agreements, Arbitrators, Class Action, Coinbase Inc v Suski et al

See all updates »

[Webinar] Looking Forward to the Future of the Tampa Bay Region - December 15th, 12:00 pm - 1:00 pm ET

Tech. Restaurants. Real Estate. Sports. Tourism. The Tampa Bay region is booming all around. Our population, workforce growth, infrastructure, economy, and leisure options have all led to Tampa and its surrounding cities…more

Community Development, Economic Development, Infrastructure, Real Estate Development, Restaurant Industry

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found that…more

Additional Insured, Appeals, Commercial General Liability Policies, Construction Industry, Denial of Insurance Coverage

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

The Hurricane is Coming in Five Days - Are We Ready for This?

On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149 mph…more

Business Interruption, Business Risk Exclusions, Construction Project, Consumer Insurance Products, Contract Terms

See all updates »

Second Circuit Weighs in on Scope of Business Enterprise Exclusion, Finds It Bars Coverage for Legal Malpractice Suit

Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured…more

Attorney Malpractice, D&O Insurance, E&O Insurance, Insurance Claims, Insurance Litigation

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Foreign Tax Credits, Immigration Procedures, Income Taxes, Tax Planning

See all updates »

New Attestation for Florida Residential Property Insurers

On July 17, 2023, the Florida Office of Insurance Regulation (OIR) released an informational memorandum to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now 2023-172,…more

Attestation Requirements, Florida, Insurance Code, Insurance Regulations, Property Insurance

See all updates »

Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as fodder…more

Appeals, Breach of Contract, Builders Risk Insurance, Construction Defects, Construction Disputes

See all updates »

Appearing In The Red Glare Of The Rocket Docket

Among the 94 U.S. district courts, the “Rocket Docket” is quite special. Officially known as the Eastern District of Virginia (EDVA), this federal judicial enclave is nationally famous for its long and deeply engrained history…more

Courthouses, Federal Jurisdiction, Judges, Judicial Proceedings, Litigation Strategies

See all updates »

Construction Case Law Update - January 11, 2016

CGL Policies, Supplemental Payment Provision, and Attorney’s Fees - A contractor’s commercial general liability insurer appealed a final judgment in favor of homeowners that damages awarded to them in a construction defect suit…more

Anti-Assignment Clauses, Commercial General Liability Policies, Construction Defects, Construction Industry, Insurance Industry

See all updates »

Expect Focus - Volume II, May 2025

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered investment…more

Algorithms, Annuities, Compensation & Benefits, Employee Benefits, Enforcement Actions

See all updates »

Practice Makes Perfect: Mock Oral Arguments and Effective Oral Advocacy

The key to successful oral advocacy is effective preparation. In this podcast, Carlton Fields attorneys Gary Sasso, Peter Webster, and Christine Davis discuss the importance of mock oral arguments in preparing for oral arguments…more

Appeals, Defense Strategies, Jury Trial, Mock Trials, Oral Argument

See all updates »

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly…more

Affirmative Action, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an…more

Civil Rights Act, Coaches, Educational Institutions, Employees, Employer Liability Issues

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Eleventh Circuit Vacates Class Settlement in GoDaddy TCPA Suit Based on Improper Class Definition

The U.S. Court of Appeals for the Eleventh Circuit recently solidified an important rule about class standing: the definition of a class in a settlement agreement must be limited to class members with Article III standing…more

Article III, ATDS, Class Action, Class Members, Corporate Counsel

See all updates »

IRS Extends Late Portability Election, Gives Tax Benefit to Estates

On July 8, 2022, the IRS issued a new procedure that can be used to extend estate tax portability for up to five years after the death of a spouse. This could be extremely useful for individuals who sought estate planning…more

Estate Planning, Estate Tax, Estate-Tax Exemption, IRS

See all updates »

FCC Delays Effective Date of TCPA Revocation of Consent Rules

Just days before the “reasonable methods” provision of the Federal Communications Commission’s (FCC) new consent regulations under the Telephone Consumer Protection Act (TCPA) was set to take effect on April 11, 2025, the…more

Delays, Effective Date, FCC, Final Rules, Financial Institutions

See all updates »

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No Liability Beyond Non-Insurance Assets

In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised not…more

Consent, Insurance Claims, Insurance Code, Insurance Litigation, Insurance Regulations

See all updates »

Eighth Circuit Finds Contract Formation Challenges to Be Decided by the Court, Affirms Order Denying Motion to Compel Arbitration

Defendant Litong Capital LLC appealed from an order of the U.S. District Court for the Western District of Missouri. The district court denied Litong’s motion to compel arbitration of claims asserted by GP3 II LLC, having…more

Arbitration, Arbitration Agreements, Contract Formation, Motion to Compel

See all updates »

What the NAR Settlement and Real Estate Consumer Protection Enhancement Act Means for You

In October 2023, the National Association of Realtors (NAR) was found liable by a federal jury of making home sellers pay excessive commission fees. Following a settlement between the NAR and the federal government, many new…more

Brokerage Accounts, National Association of Realtors, Purchase Agreement, Real Estate Agents, Real Estate Brokers

See all updates »

DOJ Issues New Guidance on the Investigation and Prosecution of Corporations and Corporate Officers

On September 15, 2022, Deputy Attorney General Lisa Monaco announced significant revisions to the Department of Justice’s corporate criminal enforcement policies. Monaco’s remarks, delivered in a speech at New York University,…more

Compliance, Compliance Monitoring, Corporate Crimes, Corporate Misconduct, Criminal Prosecution

See all updates »

[Webinar] Can You Live Local? Benefits and Challenges of Developing Affordable Housing in Florida - January 23rd, 2:30 pm - 3:30 pm ET

It's been just a few months since Florida enacted the Live Local Act to boost affordable housing, and developers are already proposing new projects under the new law. In this webinar, our panelists will discuss the benefits…more

Affordable Housing, Best Practices, Community Development, Florida, Housing Developers

See all updates »

What the Recent NAIC Financial Condition Examiners Handbook Changes Mean for Insurers

On September 21, 2015, the National Association of Insurance Commissioners (NAIC) IT Examination Working Group adopted amendments to the IT section of the Financial Condition Examiners Handbook (“the Handbook”). The changes are…more

Cyber Threats, Cybersecurity, Cybersecurity Framework, Guidance Update, Handbooks

See all updates »

You Keep Using That Word, I Do Not Think It Means What You Think It Means: Accountant-Client “Privileged” Communications May Not Be Privileged as a Conflict of Law Matter

In Florida, the legislature deemed open dialogue between an accountant and a client so important that, in 1978, it adopted a privilege nonexistent in the common or law: the accountant-client privilege…more

Accountants, Attorney-Client Privilege, Conflicts of Laws, Insurance Litigation, Insurance Regulations

See all updates »

Florida Governor Limits Mortgage Foreclosure and Eviction Relief to Non-Payment Defaults and Single-Family Mortgagors and Residential Tenants

On July 29, 2020, Florida Gov. Ron DeSantis signed Executive Order 20-180, extending residential mortgage foreclosure and eviction relief afforded by Executive Order 20-94 to September 1, 2020. The executive order specifically…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Governor DeSantis

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Expect Focus - Volume I, January 2025

The Mysterious Boundary Beyond Which “Personal” Relationships Jeopardize a Director’s Independence - In a recent enforcement action, the SEC concluded that the relationship between James Craigie and an officer of Church &…more

Blockchain, Board of Directors, BSA/AML, Consumer Insurance Products, Corporate Governance

See all updates »

COVID-19 and Credit Facilities

Due to the COVID-19 pandemic and its uncertain impact on business operations and business continuity, many companies are reviewing their credit agreements with an eye toward their ability to borrow/re-borrow and potential…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Credit Agreements, EBITDA

See all updates »

Should I Stay (Home) or Should I Go (to the Office)?

“Ninety percent of life is just showing up,” according to Woody Allen. The saying seems dated now—lawyers are not showing up, at least to the office, 90 percent of the time. Some lawyers believe that there is zero percent need…more

Coronavirus/COVID-19, Law Firm Associates, Law Firm Partners, Law Practice Management, Remote Working

See all updates »

Sixth Circuit Confirms Arbitration Award Despite Argument That Case Was International and Beyond Arbitrator’s Authority

The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by…more

Arbitration, Arbitration Awards, Employees, Employer Liability Issues, Employment Litigation

See all updates »

Portions of DEI Executive Orders Blocked by Federal Judge

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded…more

Anti-Discrimination Policies, Constitutional Challenges, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Litigation

See all updates »

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims…more

Appeals, Bad Faith, Breach of Implied Contract, California, Covenant of Good Faith and Fair Dealing

See all updates »

Consent to Settle: Third Circuit Reminds Insureds to Obtain Prior Written Consent Required by a Claims-Made Policy or Face Claim Denial, and Rejects Bad Faith Claim in Absence of a Finding of Coverage Under New Jersey Law

In a non-precedential decision, the Third Circuit Court of Appeals upheld a district court’s grant of summary judgment to an errors and omissions insurer that declined to indemnify a settlement because the insured had settled…more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

See all updates »

Executive Order Seeks to Eliminate Discrepancies in Drug Pricing Between United States and Other Countries

President Trump’s highly publicized executive order 14297, titled “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients,” targets the discrepancy in drug pricing in the United States compared with other…more

Antitrust Provisions, Department of Health and Human Services (HHS), Direct to Consumer Sales, Drug Pricing, Executive Orders

See all updates »

Expect Focus - Volume III, September 2023

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

Annuities, Artificial Intelligence, Best Interest Standard, Breach of Contract, Class Action

See all updates »

Zoning Appeals: Have We Been Doing This Wrong for 30 Years?

Since the end of 1993, Florida land use and zoning lawyers have been taught the basics: a rezoning hearing is quasi-judicial in nature and appeals of the decision go to circuit court on certiorari review. Why is this? Because…more

Appeals, Land Developers, Petition for Writ of Certiorari, Real Estate Development, State and Local Government

See all updates »

Western District of Washington Reverses Course and Compels Arbitration

Following unsuccessful motions to dismiss, the defendants moved to compel arbitration, arguing that they had not moved to compel the matter to arbitration earlier because the plaintiffs had not yet completed all stages of the…more

Arbitration, Dispute Resolution, Motion to Compel, Motion to Dismiss

See all updates »

U.S. Pre-Immigration Tax Planning (UPDATED)

There are no adverse consequences, other than transaction costs, to engaging in tax planning before immigrating to the United States. However, there may be significant adverse tax consequences if you fail to engage in any tax…more

Foreign Tax Credits, Immigration Procedures, Income Taxes, Tax Planning

See all updates »

Crypto Business Compliance: U.S. Licensing and Regulations

The crypto industry is evolving rapidly, and regulatory enforcement is keeping pace. Businesses engaged in crypto transactions, custody, lending, trading, or payments must navigate know your customer (KYC) and anti-money…more

Anti-Money Laundering, BitLicense, BSA/AML, CFTC, Commodities

See all updates »

The Basics of E-Recording

The Uniform Electronic Transactions Act (UETA) in most states, and the Global National Commerce Act (E-sign) federally, allow sale contracts, mortgage instruments, and promissory notes to be memorialized with the electronic…more

E-SIGN, Florida, Recording Requirements, UETA

See all updates »

Use of Copyrighted Works in AI Training Is Not Fair Use: Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

With the Trump administration’s push to establish America’s global dominance in artificial intelligence (AI), thorny questions of intellectual property rights and fair use are likely to be litigated with greater frequency. The…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Data Protection

See all updates »

COVID-19's Impact on Building and Development Permits

For many years, the development industry in Florida has been able to extend building permits, development orders, and other government approvals during the time period when the governor declares a state of emergency, pursuant to…more

Building Permits, Construction Project, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

See all updates »

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance…more

Appeals, Declaratory Judgments, Excess Policies, Healthcare, Hospitals

See all updates »

Pencils Down? Tell the Court!

Your firm is five years into a bet-the-company suit. Trial has come and gone, and multiple parties have appealed. After a week of intense negotiations, you send a mass email to your team: “Pencils down everyone! We’ve settled.”…more

Appeals, Appellate Courts, Filing Requirements, Judicial Proceedings, Litigation Strategies

See all updates »

COVID-19 and Credit Facilities

Due to the COVID-19 pandemic and its uncertain impact on business operations and business continuity, many companies are reviewing their credit agreements with an eye toward their ability to borrow/re-borrow and potential…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Credit Agreements, EBITDA

See all updates »

Changes Are Coming to SDNY and EDNY Joint Local Rules

On October 16, 2023, judges from the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York published proposed changes to their joint local rules. As the name…more

Judicial Proceedings, Law & Motion Hearings, Local Rules, New York, Rules of Civil Procedure

See all updates »

Faulty COBRA Notices Can Cost Big Bucks

When COBRA cases survive motions to dismiss, big dollars are at stake. Marrow v. E.R. Carpenter Co., No. 8:23-cv-02959, is a class action lawsuit filed in the U.S. District Court for the Middle District of Florida on behalf of…more

Class Action, COBRA, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Liability Issues

See all updates »

OMG! I Have To Produce What? 4 Steps To Tipping The Field With Social Media

Not every widower mourns by partying with several young women. And most of those who soothe their pain with a couple cold ones and a few warm shoulders to cry on don’t commemorate the occasion with a Facebook photo. But a few…more

Discovery, Document Productions, Social Media

See all updates »

In Federal Court, Reconsider Merely Serving Your Motion for Reconsideration

Under Rule 4 of the Federal Rules of Appellate Procedure, in most federal civil actions, a notice of appeal must be filed with the district court clerk within 30 days after entry of the judgment or order being appealed, as…more

Appeals, Federal Rules of Appellate Procedure, Federal Rules of Civil Procedure, Litigation Strategies, Motion for Reconsideration

See all updates »

FCC Delays Effective Date of TCPA Revocation of Consent Rules

Just days before the “reasonable methods” provision of the Federal Communications Commission’s (FCC) new consent regulations under the Telephone Consumer Protection Act (TCPA) was set to take effect on April 11, 2025, the…more

Delays, Effective Date, FCC, Final Rules, Financial Institutions

See all updates »

California Consumer Privacy Act: A Reference Guide for Compliance

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 how…more

Banks, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection

See all updates »

Third Circuit Holds Harassment Exclusion Bars Coverage for Sexual Assault Suit Under Pennsylvania Law

In Rice Enterprises LLC v. RSUI Indemnity Co., the Third Circuit Court of Appeals affirmed the district court’s finding that the insured was not entitled to coverage from its employer’s liability insurer or its umbrella insurer…more

Appeals, Damages, Denial of Insurance Coverage, Employees, Employer Liability Issues

See all updates »

Employment and Immigration Issues Facing Banks

EMPLOYMENT ISSUES - 1. No compensation for compensable work - Many banks—including large, sophisticated banks—are facing class action lawsuits for not compensating non-exempt employees for compensable work. These…more

Banks, Class Action, Criminal Background Checks, Employer Liability Issues, Foreign Nationals

See all updates »

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry, Investment Funds, Life Insurance

See all updates »

Illinois Supreme Court: Innocent Insured Doctrine? For a Lawyer? (cough)

Illinois State Bar Assoc. Mut. Ins. Co. v. Law Office Of Tuzzolino and Terpinas, the Illinois Supreme Court held that the “innocent insured” doctrine does not protect an innocent prospective insured, if his law partner makes…more

Attorney Malpractice, IL Supreme Court, Innocent Insured, Law Firm Partners, Malpractice Insurance

See all updates »

New York Court of Appeals Upholds Web-Based “Clickwrap” Agreement to Affirm Order Compelling Arbitration, Including Threshold Questions of Arbitrability

In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a…more

Appeals, Arbitration, Arbitration Agreements, Binding Arbitration, Clickwrap Agreements

See all updates »

You Keep Using That Word, I Do Not Think It Means What You Think It Means: Accountant-Client “Privileged” Communications May Not Be Privileged as a Conflict of Law Matter

In Florida, the legislature deemed open dialogue between an accountant and a client so important that, in 1978, it adopted a privilege nonexistent in the common or law: the accountant-client privilege…more

Accountants, Attorney-Client Privilege, Conflicts of Laws, Insurance Litigation, Insurance Regulations

See all updates »

CARES Act Provides Payment Protection and Potential Loan Forgiveness to Small Businesses

The federal government passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. Title I of the CARES Act contains the Paycheck Protection Program and loan forgiveness provisions. These provisions…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

See all updates »

Retail Tenants – COVID-19 Implications for the Landlord/Tenant Relationship

Among the businesses most adversely affected by the COVID-19 pandemic are many retail tenants that have had to close for significant periods and have experienced a significant decline in customer traffic. At the same time, their…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Force Majeure Clause, Landlords

See all updates »

SEC and CFTC Fines for Texting Augur Billions More from DOJ

In September 2022, the SEC and CFTC fined some of the largest financial services firms in the world approximately $1.8 billion for texting. Specifically, for failing to maintain or preserve “off-channel communications” on…more

Broker-Dealer, CFTC, Department of Justice (DOJ), Securities and Exchange Commission (SEC), Securities Exchange Act

See all updates »

The Appropriations Act – Changes Regarding Commercial Leases in Bankruptcy

The $2.3 trillion Consolidated Appropriations Act of 2021 brought relief to many people and businesses struggling due to the COVID-19 pandemic when the act became effective on December 27, 2020. The relief provided under the…more

Bankruptcy Code, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Consolidated Appropriations Act (CAA)

See all updates »

Telecom Carriers to Block Spoofed Calls From Reaching Consumers

On August 3, the FCC proposed an $82 million fine against a company and its individual owner/operator for making millions of illegally spoofed “robocalls” to consumers across the country. According to the FCC News Release,…more

Call Blocking, Enforcement Actions, FCC, Fines, Robocalling

See all updates »

Revived Prospects for Patenting Financial Product Inventions

Since the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank Int’l, trying to patent a business method — such as a method for calculating premiums or underwriting for insurance policies — has generally been a fool’s…more

Consumer Insurance Products, Insurance Regulations, Insurtech, Intellectual Property Protection, Patents

See all updates »

National Union Prevails on $40 Million Coblentz Enforcement Action in D&O Case

On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held that…more

D&O Insurance, Development Agreements, Negligent Misrepresentation, Policy Exclusions, Real Estate Development

See all updates »

Expect Focus - Volume I, January 2025

The Mysterious Boundary Beyond Which “Personal” Relationships Jeopardize a Director’s Independence - In a recent enforcement action, the SEC concluded that the relationship between James Craigie and an officer of Church &…more

Blockchain, Board of Directors, BSA/AML, Consumer Insurance Products, Corporate Governance

See all updates »

Fitting a Square Plaintiff Into a Circle Class? No Can Do Says Florida Federal Court

A recent decision issued by Chief Judge Timothy J. Corrigan of the Middle District of Florida highlights a straightforward yet consequential class action principle: a plaintiff cannot serve as a class representative for a class…more

Article III, Debt Collection, Debt Collectors, FCCPA, FDCPA

See all updates »

Real Property, Financial Services, & Title Insurance Update: Week Ending July 27, 2018

REAL PROPERTY UPDATE - Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v…more

Auto-Dialed Calls, Deutsche Bank, FDCPA, Financial Services Industry, First American Title Insurance Co.

See all updates »