Expect Focus - Volume 1, Winter 2014

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 Report by Florida Regulator

..Spring Sprouts a Renewed Review by the NAIC

..Seventh Circuit: Profit-Related Considerations OK in Setting COI Rates

..Federal Appellate Courts Address Stranger-Oriented Policies with Mixed Results

..Unclaimed Property Round Up

..Case Closed: No More Neasham

- PROPERTY & CASUALTY

..Connecticut Court Declines to Open New Door to Coverage in Data Breach Cases

..Bad Caregivers Benefit from a Careless Defense

..Individualized Inquiries Defeat Class Certification in UM/UIM Case—Again

- SAVE THE DATE

..Fifth Circuit Adds a Third Dimension to Title Insurance Claims

- SECURITIES

..Rule 506: Too Cumbersome for Private Offerings?

..SEC: Justice Deferred is Justice Served

..More Due Diligence for Investments in Private Funds

..Variable Annuities Still in the Crosshairs

..Final Volcker Regulations Ease Mutual Fund Concerns

..Some Fund Names Guarantee SEC Scrutiny

..FINRA: “Fiduciary” Standard Architect?

..FINRA Shuffles Comments on its “CARDS” Proposal

- NEWS & NOTES

- HEALTH CARE

..Expect Focus on Antitrust Issues in the Healthcare Industry

- NEWS & NOTES 2

- CONSUMER FINANCE

..Courts Continue to Wrestle with TCPA Consent

..Unsettled Questions Remain Under the SCRA

..CFPB Continues Assault on Add-On Financial Products

..CFPB Report Highlights Focus on Mortgage Servicing

..DOJ and CFPB Team Up to Take on Auto and Mortgage Lenders

- IP/TECHNOLOGY

..The Target Data Breach: Potential Consequences for Banks

..Supreme Court Helps Level the Playing Field for Patent Infringement Defendants

..It May be Time to Update that Social Media Policy: FFIEC Releases Social Media Guidance

- Excerpt from Sixth Circuit Revisits Controversial ERISA Decision:

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 2-1 panel decision that upheld a lower court decision in not only awarding the amount of the claimed disability benefits, but also ordering disgorgement of nearly $4 million in profits allegedly resulting from the denial of benefits.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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