Carlton Fields

The End of Chevron – Bite-Sized Analysis for the Fourth of July

Near the conclusion of a tumultuous term, the Supreme Court issued what may be its most consequential opinion, jettisoning Chevron deference and 40 years of administrative law. In Loper Bright Enterprises v. Raimondo, a…more

Administrative Procedure Act, Administrative Proceedings, Chevron Deference, Chevron v NRDC, Judicial Authority

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New Jersey Court Holds Primary Home Insurer Must Cover Dog Bite Injury at Insured’s Second Home

In Berardi v. FMI Insurance Co., a panel of New Jersey’s Superior Court, Appellate Decision, affirmed a lower court’s ruling, which ordered a primary home insurer to defend its insured in a dog bite lawsuit, stemming from…more

Bodily Injury, Breach of Contract, Denial of Insurance Coverage, Homeowner's Insurance, Insurance Claims

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[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

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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

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Hillsborough County Adopts Mobility Fees, Ends Push for Transportation Sales Tax

As we previewed in our prior update, Hillsborough County settled part of a years-long debate over transportation funding by adopting a mobility fees ordinance, but on the very next day, by a 4-3 vote, decided against putting a…more

Ballot Measures, Impact Fees, Local Ordinance, Real Estate Development, Sales Tax

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DOL Fiduciary Rule Saga Continues: 2024 Fiduciary Rule Halted by Texas District Courts

The Federation of Americans for Consumer Choice v. Department of Labor case was the first case challenging the Department of Labor’s 2024 retirement security rule defining who is an investment advice fiduciary. It was followed…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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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

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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

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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

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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

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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

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4 Tips for Health Tech Apps After the FTC’s Revised Breach Notification Rule

On April 26, the Federal Trade Commission announced its final rule updating the health breach notification rule. According to the FTC, the update seeks to “clarify” the scope of the rule by adding new definitions and revising…more

Breach Notification Rule, Data Protection, Federal Trade Commission (FTC), Final Rules, Health Technology

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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

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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

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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

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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

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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

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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

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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

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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

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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

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District Court Asks Sixth Circuit to Review Two-Step FLSA Collective Certification Test

The Sixth Circuit will soon tell us whether it will follow the Fifth Circuit’s lead in Swales v. KLLM Transport Services LLC and adopt a more exacting, one-stage certification approach for Fair Labor Standards Act collective…more

Class Action, Class Certification, Collective Actions, Fair Labor Standards Act (FLSA)

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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

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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

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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

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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

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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

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California Privacy Protection Agency Issues Dark Pattern Enforcement Advisory

On September 4, the California Privacy Protection Agency issued an enforcement advisory regarding “choice architectures that have the substantial effect of subverting or impairing a consumer’s autonomy, decision-making, or…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Corporate Counsel, Data Privacy

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Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration to…more

Arbitration, Arbitration Agreements, Arbitration Procedural Rules, Arbitrators, Contract Terms

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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

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After Chevron: SEC Climate And ESG Rules Likely Doomed

Much has been said about Chair Gary Gensler's aggressive rulemaking since his arrival at the U.S. Securities and Exchange Commission in April 2021. Certainly, the number of rule proposals has increased: The SEC has proposed 69…more

Chevron Deference, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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No Password Required: USF Cybercrime Professor, Former Federal Agent, and Vintage Computer Archivist

Dr. Thomas Hyslip teaches at the master’s in cybercrime program at the University of South Florida, where he blends criminology, digital forensics, and incident response coursework. A retired U.S. Army colonel, Dr. Hyslip's…more

Criminal Investigations, Cyber Crimes, Cybersecurity, Data Breach, Environmental Protection Agency (EPA)

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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

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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

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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

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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

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All Things Reconsidered: Getting It Right the First Time

Litigation often offers multiple opportunities to inject an argument or an issue into a case. Pleadings, motions, and responses to motions allow parties to frame the issues. Unfortunately, there are times when an adverse ruling…more

Employer Liability Issues, Harassment, Hostile Environment, Motion for Reconsideration

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New SEC RILA Rules: Implementation Issues and Practical Considerations

On July 1, 2024, the Securities and Exchange Commission (SEC) announced new rules for registered index-linked annuities (RILAs) and registered market-value adjustment annuities (MVAs). The new rules will significantly impact…more

Annuities, Insurance Industry, Investors, Life Insurance, Securities and Exchange Commission (SEC)

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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)

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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

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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

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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

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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

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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)

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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

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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

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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

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[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

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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

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Tips and Strategies for Successful Mass Tort Management

Mass tort litigation is unlike many other types of litigation – the cases are large, complex, and fast moving, and if you’re not organized and prepared early on, it can be hard to regain control. In this podcast, Carlton Fields…more

Defense Strategies, Litigation Strategies, Mass Tort Litigation

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Second Circuit Warns Insurers of Risks of Forgoing Discovery

The Second Circuit Court of Appeals recently found an insurer’s decision to waive discovery foreclosed its ability to provide extrinsic evidence to resolve an ambiguous insurance policy. In Ezrasons Inc. v. Travelers Indemnity…more

Discovery, Evidence, Indemnification, Insurance Claims, Insurance Litigation

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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

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[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

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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

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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

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New SEC RILA Rules: Implementation Issues and Practical Considerations

On July 1, 2024, the Securities and Exchange Commission (SEC) announced new rules for registered index-linked annuities (RILAs) and registered market-value adjustment annuities (MVAs). The new rules will significantly impact…more

Annuities, Insurance Industry, Investors, Life Insurance, Securities and Exchange Commission (SEC)

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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

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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)

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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

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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

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[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 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

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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

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Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions…more

Appellate Courts, Article III, Class Action, Class Certification, Class Representatives

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[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

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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

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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

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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 »

New SEC RILA Rules: Implementation Issues and Practical Considerations

On July 1, 2024, the Securities and Exchange Commission (SEC) announced new rules for registered index-linked annuities (RILAs) and registered market-value adjustment annuities (MVAs). The new rules will significantly impact…more

Annuities, Insurance Industry, Investors, Life Insurance, Securities and Exchange Commission (SEC)

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

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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 »

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

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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

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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

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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

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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

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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

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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

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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

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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)

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Ninth Circuit Holds That Arbitration Clause in “Sign-In Wrap Agreement” Is Enforceable

The Ninth Circuit Court of Appeals recently reversed the denial of a motion to compel arbitration after concluding, contrary to the district court’s decision, that a “sign-in wrap agreement” provided conspicuous notice of terms…more

Appeals, Arbitration, Arbitration Agreements, Clickwrap Agreements, False Advertising

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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

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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

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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 »

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

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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

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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

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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

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[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

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[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

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[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)

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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

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Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege and Develop Legal Strategies

Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside…more

Attorney-Client Privilege, Common-Interest Privilege, Confidential Communications, Employees, Evidence

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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

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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

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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

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Time to Fight Back – How Wireless Providers Should Leverage a Federal Indictment to Stop Cellphone Traffickers

A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly $100 million from wireless…more

Cell Phones, Criminal Prosecution, Indictments, Wireless Industry

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[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

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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

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Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions…more

Appellate Courts, Article III, Class Action, Class Certification, Class Representatives

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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

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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

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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

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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

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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

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New SEC RILA Rules: Implementation Issues and Practical Considerations

On July 1, 2024, the Securities and Exchange Commission (SEC) announced new rules for registered index-linked annuities (RILAs) and registered market-value adjustment annuities (MVAs). The new rules will significantly impact…more

Annuities, Insurance Industry, Investors, Life Insurance, Securities and Exchange Commission (SEC)

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DOL Fiduciary Rule Saga Continues: 2024 Fiduciary Rule Halted by Texas District Courts

The Federation of Americans for Consumer Choice v. Department of Labor case was the first case challenging the Department of Labor’s 2024 retirement security rule defining who is an investment advice fiduciary. It was followed…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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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

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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

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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

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Kentucky Holds No Coverage for Malicious Prosecution Claim Under Policy Issued After Claimant’s Wrongful Arrest

In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during the…more

Consumer Insurance Products, Denial of Insurance Coverage, Duty to Defend, Duty to Indemnify, Evidence

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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

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[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

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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

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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

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New Florida Immigration Law and E-Verify Requirements for Employers

SB 1718 E-Verify Requirements - On May 10, 2023, Gov. Ron DeSantis signed a new immigration bill into law, which, among other immigration enforcement measures, requires employers with more than 25 employees to use the…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

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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)

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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

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In Debate Over High Court Wording, 'Wetland' Remains Murky

The U.S. Supreme Court significantly reduced the scope of Clean Water Act regulation over wetlands last year in Sackett v. Environmental Protection Agency. Originally Published in Law360. …more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Sackett

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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

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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

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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

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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

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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

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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

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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

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Motions For Rehearing: An Often Overlooked Preservation Requirement

Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to…more

Appeals, Appellate Courts, Appellate Review, Judicial Proceedings, Jurisdiction

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Impact Investing: Keys to a Responsible Exit

Impact investing has been gaining new prominence recently to respond to the environmental and social challenges that the traditional frameworks of philanthropy alone could not address. Impact investors generally seek to generate…more

Banks, Document Management, Due Diligence, Environmental Assessments, Environmental Social & Governance (ESG)

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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

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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)

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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

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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 »

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 »

Is Cryptocurrency Use an Automatic Badge of Fraud?

Creditors and trustees may use state or federal fraudulent transfer law to attempt to recover assets transferred by a debtor. Fraudulent transfers are transfers made with the intent to hinder, delay, or defraud a creditor, or…more

Actual or Constructive Knowledge, Bankruptcy Trustees, Commercial Bankruptcy, Creditors, Cryptocurrency

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Don't Misapply "Misapplication Jurisdiction"

The Florida Supreme Court is a court of limited jurisdiction, with authority to hear only those matters specifically enumerated in the Florida Constitution. One such basis permits the court to exercise its jurisdiction where the…more

Appeals, FL Supreme Court, Jurisdiction, State Constitutions

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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[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

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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 »

Time to Fight Back – How Wireless Providers Should Leverage a Federal Indictment to Stop Cellphone Traffickers

A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly $100 million from wireless…more

Cell Phones, Criminal Prosecution, Indictments, Wireless Industry

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

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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

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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

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Tenth Circuit Upholds Clear and Unambiguous ATV Exclusion in Homeowners Policy

The Tenth Circuit Court of Appeals declared that an insurer’s homeowners policy all-terrain vehicle exclusion barred coverage for a Utah insured’s injuries that did not occur at the “insured location.”…more

ATV Accidents, Denial of Insurance Coverage, Homeowner's Insurance, Homeowners, Insurance Claims

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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

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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

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[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 »

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

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Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege and Develop Legal Strategies

Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside…more

Attorney-Client Privilege, Common-Interest Privilege, Confidential Communications, Employees, Evidence

See all updates »

Court Direction on FTC’s Noncompete Ban Expected This Summer

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time, before…more

Administrative Procedure Act, Competition, Contract Terms, Corporate Counsel, Employees

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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

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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

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California Privacy Protection Agency Issues Dark Pattern Enforcement Advisory

On September 4, the California Privacy Protection Agency issued an enforcement advisory regarding “choice architectures that have the substantial effect of subverting or impairing a consumer’s autonomy, decision-making, or…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Corporate Counsel, Data Privacy

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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

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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

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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

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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

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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 »

[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

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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

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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

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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

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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

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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

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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

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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

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Vacation of Arbitration Award for Manifest Disregard of the Law Is “Exceedingly Rare,” Requires “Egregious Impropriety”

The U.S. District Court for the Southern District of New York denied a petition to vacate a $65 million arbitration award based on the petitioner’s argument that the arbitrator’s decision was in “manifest disregard of the law.”…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Attorney's Fees

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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

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Georgia Appellate Court Finds Insurer’s Intended Acceptance of Presuit Settlement Offer Invalid, As Check Was Issued Earlier Than Time Specified by Claimant

In Pierce v. Banks, the Georgia Court of Appeals reversed a trial court order denying plaintiff Aaron Pierce’s partial motion for summary judgment and granting a cross-motion to enforce a settlement in favor of defendant Kyndyl…more

Cross Motions, Insurance Claims, Insurance Litigation, Pre-Suit Damages, Reversal

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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

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U.S. Supreme Court Unanimously Upholds the Federal Circuit’s Enablement Inquiry for Patent Claims

On May 18, 2023, the U.S. Supreme Court handed down a unanimous decision in the much-anticipated Amgen Inc. v. Sanofi case. See 598 U.S. ___, No. 21-757, 2023 WL 3511533 (May 18, 2023). In so doing, the Court maintained the…more

Amgen, Enablement Inquiries, Patent Litigation, Patents, Pharmaceutical Industry

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Time to Fight Back – How Wireless Providers Should Leverage a Federal Indictment to Stop Cellphone Traffickers

A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly $100 million from wireless…more

Cell Phones, Criminal Prosecution, Indictments, Wireless Industry

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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

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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

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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

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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

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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

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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

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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

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Divided Ninth Circuit Finds Toxic Dust From Wildfire Is Not “Pollutant” Under Policy’s Pollution Exclusion

In Wesco Insurance Co. v. Brad Ingram Construction, the Ninth Circuit Court of Appeals reversed a summary judgment ruling in favor of Wesco Insurance Co. after a split panel concluded that toxic dust and debris from a wildfire…more

Contamination, Contractors, Insurance Claims, Insurance Litigation, Motion for Summary Judgment

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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

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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

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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

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Terminal Funding Annuities Smooth Rough Seas for Defined-Benefit Plans

Current volatile market conditions and increasing interest rates are causing defined-benefit plan administrators and sponsors to consider purchasing annuity contracts (often called “terminal funding annuities”) to fund retiree…more

Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Interest Rates

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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

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Don't Misapply "Misapplication Jurisdiction"

The Florida Supreme Court is a court of limited jurisdiction, with authority to hear only those matters specifically enumerated in the Florida Constitution. One such basis permits the court to exercise its jurisdiction where the…more

Appeals, FL Supreme Court, Jurisdiction, State Constitutions

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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)

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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

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Federal Court Finds No Coverage for Mouthwash Tainted From Auto Cleanser Equipment

Applying well-settled Wisconsin law, a federal district court found that an insurer had no duty to indemnify an oral hygiene product manufacturer for tainted products after determining that the losses did not result from an…more

Denial of Insurance Coverage, Duty to Indemnify, Excess Policies, Insurance Claims, Insurance Litigation

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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

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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

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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

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Second Circuit Rejects Enforcement of Class Waiver and Arbitration Agreement Under FAA, Finds That Provisions Impermissibly Limited “Plan-Wide” Remedies Under ERISA

The plaintiff sued the trustee of his retirement plan, his former employer, and others for breach of fiduciary duties in connection with the plan’s purchase of shares of the employer’s parent company for more than fair market…more

Arbitration, Arbitration Agreements, Breach of Duty, Class Action Arbitration Waivers, Employee Benefits

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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.

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