May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more
7/23/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Life Insurance ,
NLRA ,
NLRB ,
Securities
EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A.
...more
5/1/2018
/ Best Interest Contract Exemptions ,
Best Interest Standard ,
CAFA ,
Class Action ,
COI Rates ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Disclosure Requirements ,
Elder Abuse ,
Failure To Pay ,
Fiduciary Rule ,
Life Insurance ,
NAIC ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
TCPA
Does the failure to pay an insurance claim constitute elder abuse? Not under Oregon’s elder financial abuse laws. In January, the Oregon Supreme Court, answering a certified question from the Ninth Circuit, held that...more
The U.S. Supreme Court dealt a blow to prospective whistleblowers in Digital Realty Trust Inc. v. Somers (February 21, 2018), making it more difficult to bring a retaliation claim under the Dodd-Frank Wall Street Reform and...more
2/23/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
Foreign companies and investors that enter the U.S. market will be governed by numerous state and federal labor and employment laws. When opening a business in the United States, it is therefore critical to work with...more
1/21/2015
/ Compensation & Benefits ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Foreign Corporations ,
Foreign Nationals ,
Foreign Subsidiaries ,
Hiring & Firing ,
Popular ,
Small Business ,
Startups
On September 17, 2014, the NAIC's Unclaimed Life Insurance Benefits (A) Working Group (Working Group) discussed its recommendations to the Life Insurance and Annuities (A) Committee (the (A) Committee) concerning unclaimed...more
On September 4, the Louisiana Department of Insurance issued Advisory Letter 2014-04 (the "Advisory") to advise all life and annuity insurers licensed in Louisiana regarding use of the Social Security Administration's Death...more
On August 5, Florida's First District Court of Appeal reversed a ruling issued by Florida's Department of Financial Services ("DFS") that would have triggered an insurer's duty to escheat life insurance benefits under...more
The battle over unclaimed property continues to spawn increased litigation and regulatory activity.
Litigation Highlights -
In December 2013, a West Virginia court dismissed 63 lawsuits brought by the Treasurer...more
The Sixth Circuit Court of Appeals voted to rehear an ERISA action that awarded an unprecedented remedy for the alleged denial of long term disability benefits. The order, granting en banc rehearing, vacates a controversial...more
In This Issue:
- IN THE SPOTLIGHT
..Sixth Circuit Revisits Controversial ERISA Decision
- LIFE INSURANCE
..Summary Judgment Victory for Life Insurer in Annuity Class Action
..Favorable Secondary Life Market...more
3/31/2014
During its March 13, 2014 conference call, the NAIC's Life Insurance and Annuities (A) Committee appointed an Unclaimed Life Insurance Benefits (A) Working Group charged with "undertaking a study to determine if...more
In response to privacy-related concerns about the potential misuse of the Social Security Administration's Death Master File (DMF), Congress restricted access to the DMF in late 2013. Section 203 of the Bipartisan Budget Act...more
On December 27, 2013, a West Virginia court dismissed 63 separate lawsuits brought by the Treasurer of the State of West Virginia ("Treasurer") against life insurance companies doing business in West Virginia. The court...more