ArticleThis Week's Florida Appeals – Week Of July 2-6, 2018U.S. Eleventh Circuit Court of AppealsUnited StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleThis Week's Florida Appeals – Week Of October 23-27, 2017U.S. Eleventh Circuit Court of AppealsUnited 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
ArticleNew HHS Cybersecurity Preparedness ChecklistIf a breach affecting 500 or more individuals occurs, the covered entity or business associate must report the breach to OCR as soon as possible...United StatesPrivacyCarlton Fields
ArticleThe ILSA Condo Exemption – Not Out Of The Woods YetILSA is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property.United StatesReal Estate and ConstructionCarlton Fields
ArticleSecond Circuit Court Of Appeals Allows Federal Courts To "Look Through" § 10 FAA Petition To Determine Federal JurisdictionThe Second Circuit has reversed its own precedent to allow federal courts examining petitions under § 10 of the FAA to "look through" the petition to examine if there is federal jurisdiction.United StatesTransportCarlton Fields
ArticleA Category 5 Compliance Problem: Hurricane Irma Gives Providers A Stark Reminder Of Emergency Preparedness RealitiesThe havoc that Hurricane Irma caused in the Caribbean and most of Florida reminds us of the Centers for Medicare and Medicaid Services (CMS) requirements for emergency preparedness, which take effect November 15.United StatesFood, Drugs, Healthcare, Life SciencesCarlton Fields
ArticleAs Filing Deadline Approaches, Florida Constitution Revision Commission Holds More Public Hearings But Has Yet To Vote On ProposalsContinuing a process that began last spring and is approaching a final May 10 deadline, the Florida Constitution Revision Commission (the "Commission") is traveling across the state to hold public hearings for additional public feedback on the 37 proposals under its active consideration. United StatesGovernment, Public SectorCarlton Fields
ArticleFormer Florida Supreme Court Justice Challenges 6 Proposed Florida Constitutional AmendmentsFormer Florida Supreme Court Justice Harry Lee Anstead filed a petition for writ of quo warranto directly with the Florida Supreme Court, challenging six of the seven Florida Constitution RevisionUnited StatesGovernment, Public SectorCarlton Fields
ArticleTariff On Imported Steel Will Mean Increased Construction CostsAs you probably know, President Trump recently announced a tariff on steel and aluminum imported into the United States, to take effect March 23.United StatesReal Estate and ConstructionCarlton Fields
VideoA Preview Of The 2017 Carlton Fields Class Action Survey (Video)A Preview of the Latest Class Action Litigation Trends from the Just-Released 2017 Class Action SurveyUnited StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleMore Fund Companies Sanctioned For Misusing Fund Assets For DistributionAlso of interest is that William Blair misspent $1.25 million of fund assets and was fined $4.5 million, while Calvert misspent nearly $18 million but was fined only $1 million.United StatesCorporate/Commercial LawCarlton Fields
ArticleSEC Seeks Public Comments On Standards Of Conduct For Investment Advisors And Broker-DealersDifferences among SEC commissioners at that time meant that little ultimately came of that prior assessment.United StatesFinance and BankingCarlton Fields
ArticleCalifornia Federal Court Dismisses Claims In Class Action To The Extent Plaintiff's Claims Are Based On The Theory That Rates Were Not Filed Pursuant To The California Insurance CodeIn this class action lawsuit in a California federal court, Shasta Linen Company and all those similarly situated brought an action against Applied Underwriters, Inc. and its affiliate entities. United StatesInsuranceCarlton Fields
ArticleFSOC Rescinds Prudential's Designation As Systemically Important Financial InstitutionThe Financial Stability Oversight Council ("FSOC") announced on October 17, 2018 that it has voted unanimously to rescind the designation of Prudential Financial Inc. ("Prudential") ...United StatesInsuranceCarlton Fields
ArticleNinth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By ArbitrationFinding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals ...United StatesInsuranceCarlton Fields
ArticleOklahoma District Court Denies Motion To Stay Action During Defendant's Insurer's California Conservation ProceedingsThis case involved a personal injury negligence action brought by plaintiffs Cameron David and Shelby Gladd against defendants Satnam Singh and his employer Landmark Logistics...United StatesInsuranceCarlton Fields
ArticlePennsylvania Court Holds Fiduciary Duty Exists Only Where Consumer Cedes Decision-Making Control To The Fiduciary Years later, when they learned the life policy was severely underfunded, the Yenchis sued Ameriprise for breach of fiduciary duty.United StatesInsuranceCarlton Fields
ArticleSEC Investor Advocate's 2018 Objectives Target Key Issues For Life InsurersOn June 29, the SEC's Office of the Investor Advocate released a report that prioritizes addressing the inconsistency in the standard of care applicable to broker-dealers (a suitability standard) versus...United StatesInsuranceCarlton Fields