News & Analysis as of June 29, 2025

Statute of Limitations › Disclosure Requirements

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

California Federal Court Denies Franchise CEO’s Motion to Dismiss Franchise Disclosure Claims

Lathrop GPM on 6/9/2025

A federal court in California recently declined to dismiss a former franchisee’s suit against Nadia Gruzd, the CEO and COO of AllMed Search, a healthcare recruitment franchise system. Pasture Gate Holdings, Inc. v. Gruzd,...more

Reviewing the CPB Enforcement Process Under 19 U.S.C. § 1592 (Part II of II)

The Volkov Law Group on 5/2/2025

CPB’s administrative enforcement program is robust and increasing, especially with the importance of trade and tariff enforcement. There are a lot of “ins and outs” (Big Lewbowski Here) to the administrative process which...more

Florida Enacts Transformative Tort Reform Legislation

King & Spalding on 3/31/2023

On Friday, March 24, 2023, Governor Ron DeSantis signed into law House Bill 837, providing an overhaul to tort law in the state of Florida. The new legislation makes transformative changes, including reducing the statute of...more

CFPB Proposes Order in Massive Action Against Debt Collection Company

Shipkevich PLLC on 3/29/2023

On March 23, 2023, the Consumer Financial Protection Bureau (CFPB) has taken action against one of the largest debt collectors in the United States, Portfolio Recovery Associates (PRA), for various violations of law,...more

Florida Tort Reform Now Law: Effective Upon Governor's Signature

Rumberger | Kirk on 3/24/2023

Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation....more

Revisiting Volks - Is OSHA Buying Itself More Time to Issue More Citations?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2023

Recordkeeping under the Occupational Safety and Health (OSH) Act is often top of mind for workplace safety professionals. Under the OSH Act, employers must record injuries and illnesses resulting in medical treatment beyond...more

SEC Enforcement: The Fourth Quarter of 2020

Dorsey & Whitney LLP on 1/12/2021

The fourth quarter of calendar year 2020 continued trends evidenced in the third quarter of the year, although far fewer cases were initiated. There were actions brought in a number of key areas such as offering fraud cases,...more

Oregon: New EEO Policy, Disclosure Requirements Take Effect October 1, 2020

Jackson Lewis P.C. on 9/15/2020

Two important provisions of the Workplace Fairness Act (WFA), which limits employers’ use of nondisclosure and nondisparagement to prevent a current or prospective employee from discussing employment discrimination or sexual...more

CFPB Extends Comment Period For Supplemental Debt Collection Proposal; States Take Emergency SOL Actions

Ballard Spahr LLP on 5/20/2020

Comment period extension. Yesterday, the CFPB announced a second 60-day extension of the comment period for its supplemental proposal that would require debt collectors to make specified disclosures when collecting...more

CFPB Proposes Time-Barred Debt Disclosures

Hudson Cook, LLP on 4/13/2020

As a supplement to its notice of proposed rulemaking on debt collection, on February 21, 2020, the Consumer Financial Protection Bureau issued additional proposed rules addressing attempts to collect debts for which the...more

The Impact of the CFPB's Supplemental Proposed Rulemaking for Time-Barred Debt Disclosures is Greater than what Appears

Clark Hill PLC on 2/27/2020

Last Friday, the Consumer Financial Protection Bureau (CFPB or Bureau) released its Supplemental Notice of Proposed Rulemaking (SNPR) for time-barred debt disclosures. ...more

CFPB issues proposed rule to require debt collectors to make disclosures for time-barred debts

Ballard Spahr LLP on 2/25/2020

The CFPB has issued a proposal that would require debt collectors to make specified disclosures when collecting time-barred debts (Disclosure Proposal). The Disclosure Proposal supplements the Bureau’s proposed debt...more

SEC Enters Election Year Focused on Key Initiatives

Skadden, Arps, Slate, Meagher & Flom LLP on 1/24/2020

As Chairman Jay Clayton’s tenure at the Securities and Exchange Commission (SEC) likely enters its final year — regardless of the outcome of the next presidential election — the SEC remains focused on priorities such as...more

Pennsylvania Follows Multi-State Movement to Modify and Extend Statutes of Limitation for Sexual Abuse Claims

White and Williams LLP on 12/3/2019

On November 26, 2019, Pennsylvania Governor Tom Wolf signed three sexual abuse bills into law. Two of the bills relate to reporting and disclosure requirements and the third – HB962 – follows the trend set in place by other...more

SEC Brings Enforcement Action for Loss Contingency Disclosure

Stinson - Corporate & Securities Law Blog on 9/30/2019

The SEC recently settled an enforcement action against Mylan N.V., claiming Mylan failed to timely disclose to investors a possible loss relating to a nearly two-year Department of Justice probe into whether Mylan...more

Impending Illinois Expansion of Sex Harassment, Equal Pay, and Leave Requirements

Clark Hill PLC on 6/26/2019

Illinois Governor Pritzker is expected to sign several amendatory bills into law expanding employer obligations with regards to eliminating/avoiding workplace sexual harassment, achieving gender pay equality, workplace...more

UCL and Financial Elder Abuse Claims Against Life Insurer Are Time-Barred

Carlton Fields on 4/5/2019

Life insurers in California are all too familiar with claims based on alleged violations of senior notice statutes and financial elder abuse. ...more

Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case

McDermott Will & Emery on 3/26/2019

The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries, holding that ERISA’s six-year statute of repose barred some claims and rejecting challenges to the plan’s fees....more

Expect Focus - Volume I, March 2018

Carlton Fields on 5/1/2018

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

Fifth Circuit Borrows One-Year Statute of Limitations for Section 502(c)(1) Claim

Proskauer - Employee Benefits & Executive... on 12/22/2017

The Fifth Circuit held that the statute of limitations for an ERISA § 502(c)(1) claim—a claim for penalties for failure to provide certain documents within thirty days of a written request—was subject to a one-year statute of...more

Fed issues consent order for bank’s alleged deceptive practices involving balance transfer credit cards

Ballard Spahr LLP on 11/7/2017

The Federal Reserve Board announced that it had issued a Consent Order against Mid America Bank and Trust Company (Bank) for alleged deceptive marketing practices in violation of section 5 of the FTC Act related to balance...more

Illinois District Court Dismisses Case Filed By Insurance Department, As Rehabilitator, Against Reinsurer

Carlton Fields on 10/11/2017

The District Court for the Northern District of Illinois dismissed a complaint filed by Plaintiff-Rehabilitator, the Illinois Director of Insurance, against Defendant-Reinsurer, Twin Rivers, alleging breach of contract,...more

Court Dismisses Suit By Rehabilitator For PMI Insurer Against Captive Reinsurer And Affiliated Bank

Carlton Fields on 9/29/2017

A district judge in the Northern District of Illinois has dismissed all claims brought by the Illinois Director of Insurance, acting as rehabilitator for Triad Guaranty Insurance Corporation and Triad Guaranty Assurance...more

SCOTUS to Hear Another Securities Case

Burr & Forman on 4/28/2017

On April 18, the SCOTUS heard oral argument in Kokesh v. Securities and Exchange Commission, an action concerning whether the five year statute of limitations of 28 U.S.C Section 2462 applies to disgorgement. This was the...more

West Virginia Legislature Approves Amendments to WVCCPA

Burr & Forman on 4/3/2017

The West Virginia Senate Judiciary Committee and the West Virginia Senate recently approved amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), West Virginia Code §§ 46A-1-101 et seq, which was last...more

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Statute of Limitations › Disclosure Requirements

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