ArticleFCC Adopts New Privacy RulesOn November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote.United StatesPrivacyCarlton Fields
ArticleParent Company Guarantees Of AnnuitiesRule amendments proposed in October by the SEC could impact insurers whose obligations under certain types of annuity contracts have been guaranteed by the insurers' affiliates.United StatesCorporate/Commercial LawCarlton Fields
ArticleDelaware Bankruptcy Court Confirms Restructuring Plan Involving Scottish ReThe stipulation and the restructuring plan was then approvedUnited StatesInsolvency/Bankruptcy/Re-StructuringCarlton Fields
ArticleAlaska Follows Other States In Adopting Law Based On Updates To NAIC Credit For Reinsurance Model LawOn July 13, 2018 Alaska became the last state to incorporate amendments to the NAIC Credit for Reinsurance Model Law into its insurance code when Governor Bill Walker (I) signed House Bill 401...United StatesInsuranceCarlton Fields
ArticleNew York Federal Court Awards Damages For Reinsurance Payments In Lawsuit Against Iran Related To September 11 AttacksThe Southern District of New York recently granted a motion for damages by insurance plaintiffs in a multidistrict litigation case against Iran stemming from the September 11, 2001 terrorist attacksUnited StatesInsuranceCarlton Fields
ArticleNinth Circuit Finds Foreign Bank Did Not Waive Personal Jurisdiction By Litigating Other Defenses And Counterclaims In A Related MatterThe Ninth Circuit recently reversed a California District Court's finding of personal jurisdiction against a foreign bank, and found it did not waive appeal on that issue by asserting defenses.United StatesInsuranceCarlton Fields
ArticleReinsurer Obtains Summary Judgment In Suit By Annuity IssuerCapitol Life Insurance Co. partially prevailed, and partially failed, its effort to overturn unfavorable grants of summary judgment in a recent dispute regarding an annuity policy written by Capitol. United StatesInsuranceCarlton Fields
ArticleSEC ‘Investor Experience Initiative' Expressly Includes Variable Insurance ProductsThe SEC, on June 5, announced that it would be exploring "modernization of the design, delivery and content of fund disclosures" ...United StatesInsuranceCarlton Fields
ArticleEleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee AgreementA pizza delivery driver employed by Domino's Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleEnough Is Enough: The Limits Of Invoking Rule 23(C)(1)(C)On September 4, Judge Rogers of the Northern District of California granted defendants' motion to strike plaintiffs' second renewed motion for class certification.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleFourth Circuit Reverses Dismissal, Finding Federal Question Jurisdiction For Review Of Arbitral AwardThe Fourth Circuit Court of Appeals reversed a Virginia federal court's dismissal of a challenge to an arbitration award.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleNinth Circuit Holds Putative Class Action ERISA Claims Fall Outside Scope Of Individual Arbitration AgreementsPlaintiffs, current and former employees of the University of Southern California ("USC"), were participants in two USC-sponsored ERISA contribution plans.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleObjecting To Violations Of Prior RulingsMost recognize the well-known rule that, "once a trial court has definitively ruled on an issue on the record, before or during trial, a party need not renew an objection at trial ...United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleSecond Circuit Affirms Denial Of Arbitration In Case Involving Misappropriation Of Trade SecretsMedidata brought suit against its competitor, Veeva.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleTenth Circuit Confirms Arbitration Award Against Non-Party SuretySujit Ghosh, President of Open Orbit Corporation, entered into a Personal Guaranty for the "full and timely performance of and by" Open Orbit under a Retailer Agreement with DISH Network, LLC.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleTenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair AgreementsPlaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed. United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleThird Circuit Vacates And Remands Order Quashing Subpoena Of Documents For Use In Litigation In GermanyThe district court quashed the subpoena.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleThis Week's Florida Appeals: Week Of December 10 - 14, 2018U.S. Eleventh Circuit Court of Appeals.United StatesLitigation, Mediation & ArbitrationCarlton Fields
Article23 Attorneys General Challenge FCC Ruling On Net NeutralityOn June 11, the FCC's Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd. 311 (2018) (the "Order") took effect.United StatesMedia, Telecoms, IT, EntertainmentCarlton Fields
ArticleCalifornia Court Grants § 1782(a) Application Seeking Subscriber Identity For Facebook Page Following Amendment Of ApplicationHoteles City Express sought an order granting it permission to issue a subpoena to obtain documents from non-party Facebook, Inc. to show the subscriber identity for a Facebook page allegedlyUnited StatesMedia, Telecoms, IT, EntertainmentCarlton Fields