On June 26, 2007, final Securities and Exchange Commission (“SEC”) rules implementing the Credit Rating Agency Reform Act of 2006 (“Rating Agency Act”) and certain provisions of the Rating Agency Act went into effect.
Scruggs In the News – Criminal Contempt Charges and Filing of a RICO Civil Action against State Farm
By Troutman Pepper Locke on
A Northern District of Alabama judge recently asked federal prosecutors to charge Mississippi plaintiff’s attorney Richard “Dickie” Scruggs with criminal contempt. It is alleged that Scruggs violated a preliminary injunction issued in December 2006, which ordered him to turn over all documents secretly copied by two whistleblowers, Corgi Rigsby Moran and Kerri Rigsby.
The Brocade Trial: An Important Defense Gets in the Door
By Troutman Pepper Locke on
Posted in D&O Liability, United States
Until last Friday, Greg Reyes, Brocade’s former CEO, had been unable raise an important aspect of his defense: Brocade was only one of many companies that allegedly manipulated stock options grants.
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Princeton to Pay $20 Million to Settle Bad Faith Claim
By Troutman Pepper Locke on
Princeton Insurance Company recently agreed to pay $20 million to settle a bad faith claim related to a dram shop lawsuit brought against their insured. In the underlying lawsuit, a highway construction flagman sued Princeton’s insured, a tavern, after he was struck by a car driven by the tavern’s patron.
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Congress Begins Move Against General Partners’ Carried Interests
By Troutman Pepper Locke on
Posted in Industry Developments, United States
Investment fund managers may be forced to pay higher tax rates on income from their investment funds if a bill introduced in the House of Representatives on Friday, June 22, 2007 becomes law.
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The Brocade Trial: The First Two Weeks
By Troutman Pepper Locke on
Posted in D&O Liability, United States
After the first two weeks of the Brocade trial that may last up to two months, the sole development of note remains the potentially damaging testimony of a former human resources employee that Brocade exec Greg Reyes told her that “it’s not illegal if you don’t get caught.”
Florida Governor Charlie Crist extends Citizens Property Insurance Rate Freeze
By Troutman Pepper Locke on
Posted in Florida Developments, United States
In January 2007, the Florida Legislature froze the rates of Florida’s state sponsored property insurer, Citizens Property Insurance Corporation, until the end of the year. On June 26, 2007, Florida Governor Charlie Crist signed a bill extending the rate freeze until January 1, 2009.
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Florida Insurer’s Removal of Receivership Proceeding to Federal Court Under Review
By Troutman Pepper Locke on
We are following a unique case pending in the U.S. District Court for the Northern District of Florida, where Universal Health Care Insurance Company (UHCIC) has attempted to remove to federal court the receivership proceedings commenced in Florida state court by the Florida Department of Financial Services (DFS). The DFS has moved to remand the matter to state court, briefs have been filed, and the matter awaits a ruling from the court.
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Mississippi Attorney General Sues State Farm Again
By Troutman Pepper Locke on
On June 11, Mississippi Attorney General Jim Hood filed a civil action again State Farm Fire and Casualty Co. in the Circuit Court of Hinds County, Mississippi, alleging breach of contract, bad faith breach of contract, and breach of duty of good faith and fair dealing. The suit arises out of State Farm’s alleged failure to honor an agreement for a mass settlement of claims arising out of damage caused by Hurricane Katrina.
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Pending Legislation May Change New York Law of No-Prejudice
Both houses of the New York State legislature passed a bill proposing to reverse the longstanding New York rule that an insurer need not establish prejudice in order to disclaim coverage based upon late notice.
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