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HTMLTsilhqot'in Nation - An East Coast Perspective
Stewart McKelvey;
Legal Alert/Article
July 26, 2014, previously published on July 9, 2014
On June 26, 2014, the Supreme Court of Canada released one of the most significant aboriginal law decisions since Marshall - Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (also known as the William decision). This decision could have considerable impact on aboriginal land title claims...

 

HTMLSecond Circuit Holds Mortgagor’s Written Request for Information Does Not Qualify as a QWR When Not Sent to the QWR Designated Address
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
In Roth v. CitiMortgage Inc., 2014 WL 2853549 (2nd Cir. June 24, 2014), the Second Circuit held that although a mortgage had three letters requesting various mortgage related information sent by her lawyer, the mortgagor’s RESPA claim was properly dismissed on the basis that her...

 

HTMLRos v. Lasalle Bank: Southern District of Florida Applies New Florida DCA Case Law to Dismiss Quiet Title Suit Based on Statute of Limitations Allegations
Nicholas S. Agnello; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 21, 2014
In Ros v. Lasalle Bank, N.A., et al., 14-CIV-22112-BLOOM/VALLE (S.D. Fla. July 18, 2014) the Southern District of Florida became the first United States District Court to apply the holding in Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342 (Fla. 4th DCA 2014) regarding efforts...

 

HTML$30, Four Opinions, and No Decision: The Province and Duty to Say What the Law Probably Is
Kellen C. Kasper; Foley & Lardner LLP;
Legal Alert/Article
July 26, 2014, previously published on July 25, 2014
Federal appellate courts ordinarily grant en banc hearings or rehearings only when “(1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (2) the proceeding involves a question of exceptional importance.” Fed. R. App. P. 35(a). So,...

 

HTMLDelaware Surplus Lines Insurance Brokers and Producers Must Use Updated Statement of Diligent Effort Form (SL-1923) Reflecting Notarization
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Delaware Insurance Commissioner Karen Weldin Stewart issued Surplus Lines Bulletin No. 13 on June 30, 2014 to address the addition of a notary signature form to the current Statement of Diligent Effort (Form SL-1923 or "Form"). The addition was made after it had been determined that...

 

HTMLEvergrene Partners v. CitiBank: Florida District Court of Appeal Affirms Dismissal Complaint to Cancel Mortgage Based Upon Statute of Limitations
Nicholas S. Agnello; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 21, 2014
In Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342, 2014 WL 2862392 (Fla. 4th DCA June 25, 2014) Florida’s Fourth District Court of Appeal affirmed dismissal of a complaint which sought to cancel a residential mortgage by alleging that the statute of limitations had run...

 

HTMLDisputing Debts under the FDCPA - The Effect of the Fourth Circuit’s Opinion in Clark v. Absolute Collection Service, Inc.
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
July 26, 2014, previously published on July 16, 2014
In January of this year, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first impression before the Court was whether Section 1692g(a)(3) of the...

 

HTMLDeadline is Fast Approaching for Business Associate Agreements to Comply with HIPAA's Omnibus Rule
McDonald Hopkins LLC;
Legal Alert/Article
July 26, 2014, previously published on July 18, 2014
Many organizations, whether business associates, covered entities, or contractors/vendors of business associates, have updated their business associate agreements to comply with the Omnibus Rule. However, many others have not. All business associate agreements must be brought into compliance with...

 

HTMLAnother Court Recognizes The Attorney Client Privilege Extends To Internal Law Firm Communications
David P. Atkins, Collin P. Baron, Thomas F. Maxwell, Edward P. McCreery, Adam S. Mocciolo; Pullman & Comley, LLC;
Legal Alert/Article
July 26, 2014
If you have been following the evolving law on attorney client privilege for internal law firm communications - the subject of our Law Firm Risk Managers' Lunch Forum in April of 2013 - you may be interested to know that on May 30 the Oregon Supreme Court joined courts in other states to hold that...

 

HTMLUS Federal Trade Commission Challenge Reminds Companies To Be Wary About Communicating with Competitors
Scott P. Perlman, Matthew A. Tabas; Mayer Brown LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
The US Federal Trade Commission (FTC) has settled charges that two of the leading online barcode resellers violated Section 5 of the FTC Act by inviting competitors to collude and raise prices for barcodes sold over the Internet. Even though the settlement essentially only requires the online...

 


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