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October 2017

October 2017

"Section Spotlight"

  Financial Services & Securities National Practice Section  


FMG's Financial Services & Securities National Practice Section is a multi-disciplinary team of professionals who represent financial institutions, as well as financial professionals, in a wide spectrum of transactional, regulatory, and litigation-related matters. Our professionals understand the financial services industry and their practice includes fiduciary litigation and counseling in emerging areas of law such as data security and privacy issues, financial elder abuse, and guidelines issued by the Consumer Financial Protection Bureau (CFPB). 

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Ranking the State Courts: Is the Litigation Environment Getting Better?

By: Jacob E. Daly

Earlier this month, the U.S. Chamber Institute for Legal Reform (“ILR”) published the results of its 2017 lawsuit climate survey. Participants in the survey were 1,321 in-house attorneys and other senior executives at companies with at least $100 million in annual revenue who are knowledgeable about litigation matters and have recent firsthand litigation experience in each state they evaluated. The states were ranked on a scale of 0-100 based on grades assigned by participants in the following categories: (1) enforcing meaningful venue requirements; (2) overall treatment of tort and contract litigation; (3) treatment of class action suits and mass consolidation suits; (4) damages; (5) proportional discovery; (6) scientific and technical evidence; (7) trial judges’ impartiality; (8) trial judges’ competence; (9) juries’ fairness; and (10) quality of appellate review. Participants assigned a grade of A, B, C, D, or F for each category, and these grades were then translated to scores of 100, 75, 50, 25, and 0, respectively.

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Medical Expert Witness Reports in California: When to Produce Them…and When Not To

By: Jon H. Tisdale

IMG_0696We are all familiar with the mandate that a defense medical examination report, the so-called “IME”, must be produced upon written request by the patient’s attorney. California law requires production 30 days after the demand (or 30 days after the examination, if demanded prior thereto). Basically, as soon as your expert doctor in any discipline of medicine lays a hand on the plaintiff, he or she must author a report of the examination within 30 days and you mustproduce if demanded (and they always demand it; it is in every form response to a demand for IME used by the entire plaintiff’s bar). You and your expert must also produce any previous reports created by or provided to the examining expert for review.

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Presidential Proclamation on Expanded Travel Ban

By: Layli Eskandari Deal

The President announced a revised travel ban on September 24, 2017. The new travel ban removes Sudan from the list but adds 3 additional countries to the list.  Each designated Country has specific restrictions. 

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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.


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