ArticleA Truckload Of Trouble For The CFPBThe 110-page court decision, however, missed the chance to answer the troublesome questions contained in those boxes from HUD. United StatesConsumer ProtectionCarlton Fields
ArticleFood For Thought: Liability-Only Class Certification Denied For Claims That "No Sugar Added" Juice Labels Misled Consumers Into Thinking The Juice Had Fewer CaloriesPlaintiff's putative class action alleged that defendant Mott's violated FDA regulations and California's Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice...United StatesConsumer ProtectionCarlton Fields
ArticleFood For Thought: Summary Judgment Affirmed In False ‘GMO' Advertising Class Action Against ChipotleThe district court initially granted in part and denied in part defendant's motion to dismiss.United StatesConsumer ProtectionCarlton Fields
ArticleNebraska Federal Court Applies First-To-File Rule To Reinsurance Breach Of Contract Disputes, Transfers Case To ConnecticutThe court, however, brushed off those arguments and held that "even assuming them to be true" the first-to-file rule still applied.United StatesCorporate/Commercial LawCarlton Fields
ArticleNevada Securities Act Amendments - What's Next?Loss resulting from a financial planner's advice subjects a financial planner to fiduciary duty liability. United StatesCorporate/Commercial LawCarlton Fields
ArticleSEC Exhibit Hyperlink Proposal Excludes Investment CompaniesThe SEC has proposed that filings on Securities Act registration form types beginning with "S-" and "F-", or on the basic Securities Exchange Act reporting forms, provide hyperlinks to exhibits.United StatesCorporate/Commercial LawCarlton Fields
ArticleIRS Allows Employer ‘Matching Contribution' Based On Student Loan RepaymentsWith U.S. student loan debt totaling $1.5 trillion, employers are seeking ways to ease the burden of repayment for their employees and prospective employees.United StatesEmployment and HRCarlton Fields
ArticleSEC Committee Recommends Investor-Specific Mutual Fund Cost DisclosuresIn mid-April, the SEC's Investor Advisory Committee (IAC) issued a recommendation that the SEC "explore ways to improve mutual fund cost disclosures."United StatesFinance and BankingCarlton Fields
ArticleAccountable Care Organizations: Have They Already Come And Gone?With the adoption of the 2009 Patient Protection and Affordable Care Act, Public Law 111-148 (affectionately known as "Obamacare"), hundreds of new acronyms came for health care lawyers to study.United StatesFood, Drugs, Healthcare, Life SciencesCarlton Fields
ArticleCMS Proposes Hospital Outpatient Prospective Payment System And Ambulatory Surgical Center Payment System Changes For 2018The Centers of Medicare and Medicaid Services released a proposed rule that would update the 2018 Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System. United StatesFood, Drugs, Healthcare, Life SciencesCarlton Fields
ArticleGenetic Testing – Unintended Consequences?The month after the FDA approved 23andMe's BRCA mutation testing, investigators in California utilized genetic data submitted through an online ancestry website to identify the Golden State Killer. United StatesFood, Drugs, Healthcare, Life SciencesCarlton Fields
ArticleNOTICE Act Scheduled To Take Effect This FallHospitals must use the Medicare Outpatient Observation Notice (MOON) to provide standardized written notice.United StatesFood, Drugs, Healthcare, Life SciencesCarlton Fields
ArticleThe Affordable Care Act: On The Fast Track To RepealOn January 20, hours after his inauguration, President Donald Trump issued an executive order directing the heads of all executive departments and agencies to "waive, defer, grant exemptions from, or delay the implementation of" key provisions of the Affordable Care Act (a/k/a "Obamacare").United StatesFood, Drugs, Healthcare, Life SciencesCarlton Fields
VideoU.S. Immigration Policy And Procedural Changes Impacting Foreign Students (Video)This presentation is a three-part series on the procedural and policy changes issued by the various U.S. agencies governing legal immigration ...United StatesImmigrationCarlton Fields
ArticleVirginia Supreme Court Considers Terms Of Assumption Reinsurance Transaction In Determining Obligations Of Insolvent InsurerA group of Kentucky hospitals sought reimbursement for legal fees incurred in two lawsuits related to the insolvency of their insurer, Reciprocal of America ("ROA"). United StatesInsolvency/Bankruptcy/Re-StructuringCarlton Fields
ArticleAs Students Return to School, Regulators Continue Their Study of the NAIC's Suitability in AnnuityAt the 2018 NAIC Summer National Meeting, regulators continued their efforts to define the standard of care that applies to recommendations.United StatesInsuranceCarlton Fields
ArticleComplaint Against New York Life Dismissed In Action Testing Application Of California's Usury LawsAccording to the court, "[p]laintiffs did sign an agreement when they signed the application that comprised the larger agreement for insurance." United StatesInsuranceCarlton Fields
ArticleCourt Declines To Quash Subpoena Issued To South Carolina Department Of Insurance In Companion Property CaseWe previously reported on this case on January 5, 2016, June 28, 2016, July 20, 2016, and December 14, 2016. United StatesInsuranceCarlton Fields
ArticleDelaware Chancery Court Finds That Anti-Suit Injunction Bars Trustee Under Reinsurance Trust Agreement From Pursuing Third-Party Litigation Against Insolvent InsurerThe trust agreement secured a reinsurance arrangement that allowed Freestone to do business through Companion in jurisdictions where Freestone was not admitted to sell insurance. United StatesInsuranceCarlton Fields
ArticleDenial Of Reinstatement Of Lapsed Life Insurance Policy Affirmed Due To Failure To Satisfy Required Underwriting StandardIn European Pensions Management Limited v. Columbus Life Insurance Co., a pension benefit plan that had purchased a life insurance policy on the secondary market and then permitted it...United StatesInsuranceCarlton Fields