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  • Article

    This Week's Florida Appeals – Week Of July 2-6, 2018

    U.S. Eleventh Circuit Court of Appeals
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals – Week Of October 23-27, 2017

    U.S. Eleventh Circuit Court of Appeals
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    23 Attorneys General Challenge FCC Ruling On Net Neutrality

    On 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, Entertainment
    Carlton Fields
    Carlton Fields
  • Article

    California Court Grants § 1782(a) Application Seeking Subscriber Identity For Facebook Page Following Amendment Of Application

    Hoteles 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 allegedly
    United StatesMedia, Telecoms, IT, Entertainment
    Carlton Fields
    Carlton Fields
  • Article

    New HHS Cybersecurity Preparedness Checklist

    If 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 StatesPrivacy
    Carlton Fields
    Carlton Fields
  • Article

    The ILSA Condo Exemption – Not Out Of The Woods Yet

    ILSA is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property.
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Court Of Appeals Allows Federal Courts To "Look Through" § 10 FAA Petition To Determine Federal Jurisdiction

    The 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 StatesTransport
    Carlton Fields
    Carlton Fields
  • Article

    A Category 5 Compliance Problem: Hurricane Irma Gives Providers A Stark Reminder Of Emergency Preparedness Realities

    The 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 Sciences
    Carlton Fields
    Carlton Fields
  • Article

    As Filing Deadline Approaches, Florida Constitution Revision Commission Holds More Public Hearings But Has Yet To Vote On Proposals

    Continuing 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 Sector
    Carlton Fields
    Carlton Fields
  • Article

    Former Florida Supreme Court Justice Challenges 6 Proposed Florida Constitutional Amendments

    Former 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 Revision
    United StatesGovernment, Public Sector
    Carlton Fields
    Carlton Fields
  • Article

    Tariff On Imported Steel Will Mean Increased Construction Costs

    As 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 Construction
    Carlton Fields
    Carlton Fields
  • Video

    A 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 Survey
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    More Fund Companies Sanctioned For Misusing Fund Assets For Distribution

    Also 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 Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Seeks Public Comments On Standards Of Conduct For Investment Advisors And Broker-Dealers

    Differences among SEC commissioners at that time meant that little ultimately came of that prior assessment.
    United StatesFinance and Banking
    Carlton Fields
    Carlton Fields
  • Article

    California 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 Code

    In 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 StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    FSOC Rescinds Prudential's Designation As Systemically Important Financial Institution

    The 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 StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

    Finding 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 StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Oklahoma District Court Denies Motion To Stay Action During Defendant's Insurer's California Conservation Proceedings

    This 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 StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Pennsylvania 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 StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    SEC Investor Advocate's 2018 Objectives Target Key Issues For Life Insurers

    On 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 StatesInsurance
    Carlton Fields
    Carlton Fields

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