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  • 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

    Third Circuit Holds Overtime Class Action Is Not Subject To Arbitration

    The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Volkswagen Passes Fairness Test For Class Settlement In Dispute Over "Defeat Devices" To Bypass Emission Tests

    Last month the Ninth Circuit affirmed a district court decision approving a class settlement regarding Volkwagen's marketing of clean diesel vehicles that used so-called "defeat devices" to circumvent emissions tests.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    NY DFS Cybersecurity Regulations Take Effect March 1, 2017

    We previously reported on the New York Department of Financial Services' proposed cybersecurity regulations.
    United StatesTechnology
    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

    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 Fines Firms For WORM Problems

    Broker-dealers, including principal underwriters of insurance products, may retain required records in electronic format, subject to satisfaction of longstanding conditions.
    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 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
  • Article

    Will New Administration Speed VA Summary Prospectus?

    It has been more than nine years since the SEC proposed summary prospectuses for mutual funds and more than eight years since it adopted an authorizing rule.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    XBRL Amendments Have Limited Impact On Insurance Products

    On June 28, the SEC amended existing requirements for public operating companies and mutual funds regarding the use of eXtensible Business Reporting Language (XBRL) for financial statement
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields

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