Searching Content indexed under White Collar Crime, Anti-Corruption & Fraud by Carlton Fields ordered by Published Date Descending.
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This Week's Florida Appeals: Week Of December 10 - 14, 2018
U.S. Eleventh Circuit Court of Appeals.
United States
20 Dec 2018
This Week's Florida Appeals: Week Of December 3 - 7, 2018
Calixto v. Lesmes - Hague Convention on Child Abduction
United States
13 Dec 2018
Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy
In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida's Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration award to be void as a matter of law and policy.
United States
12 Dec 2018
Three Takeaways From The DOL's New Labor Condition Application Form
Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA).
United States
23 Nov 2018
Another Sentinel Strike: California District Court Dismisses Financial Elder Abuse And Fraud Claims
The Hartford affiliate Sentinel Insurance Company continued its successful campaign to limit dubious claims by securing another favorable decision
United States
9 Nov 2018
Judge Rejects Ameriprise's Request To Vacate Arbitration Award, But Reverses Award Of Attorney's Fees
Ameriprise sought vacatur of the award under grounds set forth in the FAA, namely fraud, evident partiality, arbitrator misconduct, and exceeding of powers.
United States
30 Oct 2018
Florida Federal Court Confirms Arbitration Award, Finding Defendants Did Not Meet "Heavy Burden" To Vacate The Award
The background of this case can be found here. Floridians for Solar Choice, Inc. ("FSC"), is a Florida not-for-profit corporation ...
United States
19 Oct 2018
Criminal Immunity Under FSIA, And Civil RICO Liability For Foreign Sovereigns
The Foreign Sovereign Immunities Act, 28 U.S.C. §1602 et seq. (FSIA), is silent on the issue of criminal immunity for foreign sovereigns.
United States
12 Oct 2018
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
Florida Appeals Court Decisions: Week of October 1 - 5, 2018
United States
9 Oct 2018
Minority Shareholders Utilize 28 USC § 1782 To Issue Subpoenas In Aid Of Criminal Action They Plan To File Against Company Director In Luxembourg
A group of minority shareholders of Acheron Portfolio Corporation Luxembourg S.A. have convinced a federal district court in New York to permit them to subpoena several large banks...
United States
22 Aug 2018
Put This In Your Pipe: Supreme Court Rules 9-0 That American Pipe Tolling Does Not Permit Filing Of Serial Class Actions Beyond The Statute Of Limitations
Today, the Supreme Court analyzed the shortcomings of this possibility and unanimously snuffed out serial class action tolling.
United States
13 Jun 2018
Eleventh Circuit Affirms No Coverage Under Computer Fraud Provision Of Insurance Policy
On May 10, the U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the U.S. District Court for the Northern District of Georgia in InComm Holdings, Inc. v. Great American Insurance Company.
United States
14 May 2018
New York Federal Court Curbs 30(B)(6) Topics And Quashes Non-Party Seeking The Same Testimony
Defendants wanted to examine GEICO's Rule 30(b)(6) witness about GEICO's special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification...
United States
3 May 2018
The Continuing Representation Doctrine Does Not Apply To Fraud Allegations
In Messmer v. KDK Fin. Serv. Inc., an individual action involving alleged fraud in connection with the sale and surrender of deferred annuities to a senior, the Indiana Court of Appeals refused to extend...
United States
8 Jan 2018
SeaWorld Shareholders See Red After World Sees Blackfish
A California District Court granted certification to a group of SeaWorld investors in a shareholder securities fraud case following the release of the documentary "Blackfish."
United States
18 Dec 2017
SDNY Rules SEC Investigation Is A "Claim" Within Pending And Prior Acts Exclusion
The U.S. District Court for the Southern District of New York has held that a long-running investigation by the SEC constituted a "Claim" triggering the pending and prior claims exclusion...
United States
30 Oct 2017
ANZ Securities And Opting Out Of Securities Fraud Class Actions
Late-stage opt-outs by investors are relatively infrequent, but ANZ might invite experimentation with earlier, protective opt-outs.
United States
3 Oct 2017
Second Circuit Martoma Ruling, Affirming Tippee's Conviction, Backtracks on Newman, and Adds Yet More Uncertainty to Ever-Evolving Insider Trading Law
Last week's dueling opinions in the Second Circuit in United States v. Martoma – Chief Judge Katzman's 37-page majority opinion and Judge Pooler vigorous 44-page dissent – once again transformed insider trading law, in the aftermath of last December's Salman decision in the U.S. Supreme Court, by modifying, if not overruling the circuit's prior decision in United States v. Newman.
United States
30 Aug 2017
Second Circuit Clarifies Ascertainability Rule, Rejecting "Heightened" Standard Of Administrative Feasibility
The Second Circuit recently rejected the "heightened" ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court's certification of a securities fraud class action.
United States
9 Aug 2017
"Arising" Tide For Insurers: 11th Circuit Takes Expansive View Of Prior Acts Exclusion
Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period.
United States
2 Aug 2017
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