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  • Article

    Win for MassMutual in Rare Class Action Trial

    A California jury recently returned a verdict in favor of MassMutual following a 12-day trial in a state-court class action that claimed the insurer failed to pay dividends owed to policy owners.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Applies The "Intertwined-Ness Test" To Find That A Non-Signatory Could Invoke Equitable Estoppel To Compel Arbitration

    The court applied a two-part "intertwined-ness test" to determine whether an arbitration agreement allowed a non-signatory to invoke equitable estoppel to compel arbitration
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Affirms Court's Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To Arbitration

    A Texas federal court determined that, pursuant to the parties' contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive relief, ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Sixth Circuit Affirms Arbitrator's Decision In Environmental Remediation Matter

    The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Defense Victories In Genetic And Biometric Privacy Class Actions

    In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data.
    United StatesPrivacy
    Carlton Fields
    Carlton Fields
  • Video

    Custom Software Development: Practical Strategies To Get What You Pay For (Webinar) (Video)

    A company's custom software is an increasingly important part of growing profitability, shrinking expenses, and reaching new markets.
    United StatesTechnology
    Carlton Fields
    Carlton Fields
  • Article

    2017 Florida Legislative Post Session Report

    Carlton Fields' Government Law and Consulting Practice Group released its 2017 Florida Legislative Post-Session Report detailing significant bills that passed during the 2017 Regular Session of the Florida Legislature.
    United StatesGovernment, Public Sector
    Carlton Fields
    Carlton Fields
  • Article

    State Of Florida May Change Submerged Land Lease Rules And Costs

    The Florida Board of Trustees of the Internal Improvement Trust has publicly noticed a rulemaking workshop to discuss proposed revisions to the administrative rules governing sovereign submerged land leases.
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    Hillsborough County Voters Pass Transportation Surtax - What Happens Next?

    More than 57 percent of Hillsborough County voters approved the imposition of a 1 percent sales tax designed to improve the County's transportation infrastructure and transit service.
    United StatesTransport
    Carlton Fields
    Carlton Fields
  • Article

    UK Supreme Court Confirms English Courts Lack Jurisdiction Under The Arbitration Act 1996 To Compel Parties To Provide Security When Resisting Enforcement Of Arbitration Awards Under The New York Convention

    As a condition to challenging enforcement or recognition of an arbitration award, the UK Supreme Court overturned a Court of Appeal decision which imposed a $100 Million security obligation on a New York Convention arbitral award debtor...
    GlobalLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    U.K. Court Of Appeal Finds Experienced "Insurance Or Reinsurance" Lawyers Are Eligible For Appointment To Arbitration Panel Under Arbitration Clause In Reinsurance Treaty

    The U.K. Court of Appeal has held that an arbitration clause commonly found in London market excess of loss reinsurance treaties does not prohibit the appointment of insurance or reinsurance lawyers to an arbitration panel.
    United KingdomLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    An Illustration Saga Continues In California

    As we previously reported, the Ninth Circuit in March 2017 held that violation of California's illustration statutes could serve as a predicate for an Unfair Competition Law (UCL) action ...
    United StatesAntitrust/Competition Law
    Carlton Fields
    Carlton Fields
  • Article

    CFPB's Project Catalyst Highlights Innovation Opportunities

    On October 25, the Consumer Financial Protection Bureau (CFPB) released its "Project Catalyst Report: Promoting Consumer-Friendly Innovation." ("CFPB Report").
    United StatesConsumer Protection
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Finds That Arbitrator Exceeds Authority In Reforming Contract For Mutual Mistake

    The Fifth Circuit has affirmed a district court's ruling vacating an arbitrator's decision reforming a contract for mutual mistake, finding that reformation ...
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    FINRA To Overhaul Gifts, Non-Cash Compensation, And Business Entertainment Rules

    FINRA proposes to increase the gift limit in Rule 3220 from $100 to $175 per person per year and include a de minimis $50 threshold below which firms need not keep records of gifts given or received.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    Franchisees Lose Bid To Vacate Arbitration Award Enforcing Non-Compete Clause Despite Claim That Arbitrator Manifestly Disregarded The Law

    A set of former franchisees are prohibited from violating the terms of a non-compete clause with franchisor Wild Bird Centers of America for two years after the Fourth Circuit recently upheld the denial of their petition ...
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Approves FINRA Efforts To Protect Seniors And Other Vulnerable Persons

    The SEC recently approved an amendment to FINRA Rule 4512 that requires FINRA members to make reasonable efforts to obtain, from each customer for whom they maintain an account, specified information about a "trusted contact person."
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Issues Cybersecurity Disclosure Guidance

    On February 21, the SEC published interpretive "Guidance" to help public operating companies prepare disclosures about cybersecurity risks and incidents.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Issues Guidance On Business Continuity Planning For Registered Investment Companies

    The Securities and Exchange Committee (SEC) staff published Guidance Update 2016-04, concerning business continuity plans regarding companies within a "fund complex."
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Lightens Legal Load Of Mutual Fund Directors

    The SEC staff now says that mutual fund directors can rely on chief compliance officer certifications in determining compliance with board procedures required by SEC exemptive Rules 10f-3, 17a-7,
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields

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