Author Info for Adams and Reese LLP

Charles Adams Jr.

White House Announces Another Round of Sweeping Regulatory Adjustments to Cuban Sanctions

Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the…more

Cuba, Embargo, Joint Venture, Obama Administration, U.S. Commerce Department

See all updates »

Cannon Allen Sr.

Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion

The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive,…more

Appeals, Breach of Contract, Consequential Damages, Damages, Economic Loss Doctrine

See all updates »

Paul Alp

A Piece of the MOSAIC: Simplified Flight Controls for Light Sport Aircraft and Beyond

It’s the stuff of science fiction: walk out to your airplane, strap in, and, instead of a control wheel and assortment of dials and levers, you are presented with a slender device resembling an iPad. Touch “takeoff” on the…more

Aircraft, Automation Systems, Aviation Industry, Certification Requirements, Federal Aviation Administration (FAA)

See all updates »

Timothy Anzenberger

"The § 1111(b) Election: Overview, Considerations and Unique Issues in Subchapter V"

Under § 506(a)(1) of the Bankruptcy Code, a secured creditor’s claim is secured only to the extent of the collateral’s value. Any amount over that value is bifurcated into a separate unsecured claim. Critically, if a…more

Bankruptcy Code, Commercial Bankruptcy, Consumer Bankruptcy, Creditors, Debtors

See all updates »

William Atkinson

Hurricane Ian: Disaster Recovery Checklist for Utilities

In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive list,…more

FCC, FEMA, Filing Deadlines, Hurricane Season, National Historic Preservation Act

See all updates »

Lauren Baio

Commercial Lenders: Are You Getting Ready for the CFPB?

On March 30, 2023, the Consumer Financial Protection Bureau (“CFPB”) (finally) issued its Final Rule on Section 1071 — only one day ahead of the court-ordered deadline to do so. This means that covered financial institutions…more

Community Reinvestment Act, Consumer Financial Protection Bureau (CFPB), Cyber Security Incident Response Team (CSIRT), Data Management, Dodd-Frank

See all updates »

Benjamin Bard

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement…more

Appeals, Confidentiality Agreements, Employee Rights, Employment Contract, NLRB

See all updates »

Jordan Barley

Document Organization is Critical for Corporations and LLCs

The 30th U.S. President Calvin Coolidge, when he was not being “Silent Cal,” once said “the only difference between a mob and a trained army is organization.” The former President’s quote of the criticality of organization…more

Articles of Incorporation, Bylaws, Documentation, Limited Liability Company (LLC), Operating Agreements

See all updates »

Jennifer Bergeron

WOTUS Definition Just Months Before Supreme Court Ruling ‘Digs Same Hole’ of 50-Year Debate

When you find yourself digging the same hole and getting nowhere, quit digging. At least, that is what rational logic would dictate. On December 30, 2022, the U.S. EPA and the U.S. Army Corps of Engineers (collectively, the…more

Clean Water Act, Environmental Justice, Environmental Protection Agency (EPA), Executive Orders, Navigable Waters

See all updates »

Michael Berson

Post-Hurricane Francine Checklist for Individuals and Businesses

Hurricane Francine proved to be a true reminder that hurricane preparedness is critically important. With this unique weather event, Hurricane Francine formed in the southern Gulf and within 48 hours was knocking on the…more

Business Interruption, Documentation, FEMA, Hurricane Season, Insurance Claims

See all updates »

Rob Breunig

As U.S. Warehouse Occupancy Hits All-Time Highs, What are the Top Legal Considerations in Contracts?

Warehouse occupancy across the United States hit an all-time high of 96.7% in 2022, and is projected to hit 96% by the end of 2023, according to the research department of Prologis, Inc., a San Francisco-based real estate…more

E-Commerce, Indemnification, Insurance Industry, Liability, Liens

See all updates »

Robert Bethea Jr.

What are the Potential Catalysts for M&A Resurgence in 2024?

After a sluggish 2023 in which global merger and acquisition activity fell almost 20% to $2.87 trillion – the lowest level since 2013 – the question in the corporate world, is: ‘Will M&A roar back in 2024?’…more

Acquisitions, Artificial Intelligence, Cybersecurity, Economic Development, FinTech

See all updates »

Alexander Bondurant

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

See all updates »

Coleman Braun

No Safe Harbor for Inaccurate Adverse Action Notices Based Upon Undisclosed Use of AI and Complex Credit Models

The Consumer Financial Protection Bureau (CFPB) issued a circular on September 19, 2023, addressing its concerns about a creditor’s use of artificial intelligence or complex credit models to review and make decisions concerning…more

Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), ECOA, Safe Harbors

See all updates »

Taylor Brett

New Legislation Takes Aim at Fixing Louisiana’s “Insurance Crisis”

Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff…more

Breach of Duty, Good Faith, Homeowner's Insurance, Insurance Industry, Louisiana

See all updates »

Benjamin Briggs

[Webinar] Wage and Hour: Potential Pitfalls - April 19th, 12:00 pm - 1:00 pm CDT

Adams and Reese will host a webinar, “Wage and Hour: Potential Pitfalls,” taking place on Wednesday, April 19, from Noon to 1 p.m. central time, via ON24 Webcast. Please join us for a one-hour CLE on common wage and hour…more

Continuing Legal Education, Exempt-Employees, Independent Contractors, Misclassification, Non-Exempt Employees

See all updates »

Timothy Brinks

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

See all updates »

B. Jeffrey Brooks

Congress Tackling Injury Standards in Class Actions (Again)

Concerns over state courts allowing class actions to proceed, the impact on the U.S. economy, and the undue pressure on companies to settle for significant sums spurred Congress to pass the Class Action Fairness Act of 2005…more

Actual Injuries, Burden of Proof, CAFA, Class Action, Class Certification

See all updates »

Taylor Brooks

As U.S. Warehouse Occupancy Hits All-Time Highs, What are the Top Legal Considerations in Contracts?

Warehouse occupancy across the United States hit an all-time high of 96.7% in 2022, and is projected to hit 96% by the end of 2023, according to the research department of Prologis, Inc., a San Francisco-based real estate…more

E-Commerce, Indemnification, Insurance Industry, Liability, Liens

See all updates »

Sean Buckley

CTA Update – FinCEN Says Dissolved Companies Must Report Beneficial Ownership Information

The Financial Crimes Enforcement Network (“FinCEN”) continues to publish further interpretive guidance through their Frequently Asked Questions (“FAQs”) regarding the Beneficial Ownership Information (“BOI”) requirements under…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Deadlines

See all updates »

Bradley Byrne

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity of…more

Anti-Discrimination Policies, Best Practices, Biden Administration, Collective Bargaining, Continuing Legal Education

See all updates »

L. Cole Callihan

International Compliance Digest – August 2024

August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate…more

Antiboycott Requirements, Arms Export Control Act, Bribery, Bureau of Industry and Security (BIS), CFIUS

See all updates »

Richard Carmody

What are the Best Practices for Internal Controls and the Warning Signs of Embezzlement?

President Ronald Reagan once said, “Trust, but verify,” echoing a Russian proverb to describe the relationship moving forward with the Soviet Union. The saying loosely translates into proceeding cautiously when someone is…more

Accounting, Audits, Bank Accounts, Bank Deposits, Deposit Insurance

See all updates »

Paul Carrubba

Six Steps Banks Should Implement to Ensure Their Security Procedures are Commercially Reasonable

Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more…more

Bank Fraud, Bank Security Procedures, Banking Sector, Commercially Reasonable Efforts, Cyber Attacks

See all updates »

Will Cheek III

Tennessee Sets New Requirements for Liquor Tax Bonds

Liquor-by-the-drink license holders have been receiving notices from the Tennessee Department of Revenue…more

Bonds, Department of Revenue, Liquor, Liquor Licences, Tennessee

See all updates »

Tyler Conklin

What is the Civil Reserve Air Fleet Program? Why is CRAF Beneficial to the Military and Airline Industry?

The Civil Reserve Air Fleet Program (“CRAF”) is a story of industry and government successfully working together in the national interest. It’s also an example of how the commercial airline industry – which employs hundreds of…more

Airlines, Department of Defense (DOD), Military Conflict

See all updates »

Trent Cotney

New Florida Immigration Law May Have Crippling Effects

An immigration bill that Gov. Ron DeSantis signed into law on May 10 went into effect on July 1. It is one of the strictest in the nation. Its severe penalties not only affect Florida businesses and citizens, but may set a…more

Data Collection, Employer Liability Issues, Employment Eligibility Verification, Florida, Governor DeSantis

See all updates »

Patrick Hogan Crosby Jr.

Texas Court Strikes Down Enforcement of NLRB Joint-Employer Rule - Implications of the Decision

U.S. District Judge J. Campbell Barker vacated the National Labor Relations Board’s new rule on determining joint-employer status. The March 8 decision comes as the conclusion to a legal challenge brought against the rule in…more

Chamber of Commerce, Enforcement, Injunctions, Joint Employers, New Rules

See all updates »

Hailey Cummiskey

“Raiders of the Lost Ark”: SCOTUS Sides with Great Lakes, Reverses Raiders’ Win in Maritime Case

Under Federal Admiralty Law, Choice-of-Law Provisions in Maritime Contracts are Presumptively Enforceable - A battle between federal maritime law and state insurance rules was decided today by the highest court when the…more

Choice-of-Law, Dispute Resolution, Insurance Contracts, Insurance Industry, Insurance Litigation

See all updates »

Chris D'Amour

New Legislation Takes Aim at Fixing Louisiana’s “Insurance Crisis”

Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff…more

Breach of Duty, Good Faith, Homeowner's Insurance, Insurance Industry, Louisiana

See all updates »

Stacia Daigle

Choice of Law in Marine Insurance - What's SCOTUS Going to Do?

Choice of law clauses are a valuable tool for parties to preemptively decide which jurisdiction’s laws should apply to the enforcement and interpretation of insurance policies. Typically, these contracts stipulate that the…more

Commercial Insurance Policies, Marine Insurance, SCOTUS

See all updates »

Kendall Deranek

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

See all updates »

Caleb Diaz

Are College Athletes Considered Employees? Court Denies NCAA Appeal in Win for Athletes

The possibility remains that college athletes could be considered employees under federal minimum-wage laws, following a U.S Appeals Court ruling on Thursday. The NCAA had sought a definitive ruling to prevent athletes from…more

Appeals, College Athletes, Fair Labor Standards Act (FLSA), Minimum Wage, NCAA

See all updates »

V. James Dickson

U.S. Supreme Court Limits Definition of Wetlands Under Clean Water Act

On May 25, 2023, the Supreme Court published their opinion in a case styled as Sackett II, which again focused on the definition of “waters of the United States” (WOTUS) and the jurisdictional reach the federal government had…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

See all updates »

Johnny Domiano Jr.

Fifth Circuit Holds that Not All Jones Act Seamen are FLSA Seamen; Some Entitled to Overtime

In denying an en banc rehearing of Adams v. All Coast, LLC, the Fifth Circuit held that not all Jones Act Seamen are FLSA Seamen. In Adams, as we detailed in February, the Court had reversed a district court ruling finding that…more

Fair Labor Standards Act (FLSA), Jones Act, Seamen, Unpaid Overtime, Wage and Hour

See all updates »

Danielle Douglas

Hurricane Ian: Disaster Recovery Checklist for Utilities

In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive list,…more

FCC, FEMA, Filing Deadlines, Hurricane Season, National Historic Preservation Act

See all updates »

Brooke Duncan III

Ready or Not…the New FLSA Regs Are Coming

The Department of Labor (“DOL”) plans to more than double the minimum annual salary necessary for FLSA exemptions – currently $23,660 to $50,440. The DOL will likely issue a final rule later this year. This will be one of the…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Halliburton, Hospitality Industry, Misclassification

See all updates »

Susan Eccles

OSHA Clarifies Who May Attend Workplace Inspections

The Occupational Safety and Health Administration (OSHA) recently amended 29 CFR 1903.8(c) to clarify who may represent employees during workplace inspections. Because these amendments will go into effect on May 31, 2024 (which…more

Employee Representatives, Inspections, New Regulations, OSHA, Safety Inspections

See all updates »

Eric Evans

It Is Brand Renewal Time in Tennessee for Manufacturers

The end of May in the Volunteer State means three things: the Cicadas are out in full force, it’s the beginning of summer break, and alcoholic beverage manufacturers need to renew their brands and varieties with the Department…more

Beverage Manufacturers, Brand, Business Privilege Tax, Department of Revenue, Licenses

See all updates »

Jacqueline Feliciano

Florida’s Lien Law is Under Construction

Earlier this month, House Bill 331 was signed by Florida Gov. Ron DeSantis. House Bill 331 revises several provisions of Florida's Construction Lien Law, which is codified in Chapter 713, Part I of the Florida Statutes. Becoming…more

Construction Liens, Florida, License Agreements, Liens

See all updates »

Mary Kate Fernandez

Navigating Immigration Challenges in Corporate Mergers and Acquisitions

In the intricate processes of mergers and acquisitions, the focus often lands squarely on financials, asset management, and strategic alignments. However, an equally crucial aspect that demands attention is the impact of these…more

Acquisitions, Compliance, Due Diligence, E-1, E-2

See all updates »

Raymond Ferrera

The New Unitary Patent and Unified Patent Court – A Bigger and Better Patent System for Europe

The Unitary Patent and the Unified Patent Court are new building blocks that will supplement and strengthen the existing centralized European patent granting and enforcement system. In short, they will offer users of the patent…more

EU, Patent Applications, Patent Infringement, Patents, Unified Patent Court

See all updates »

Robert Fowler

‘Whole New Ball Game’ – SCOTUS Delivers Another Hit to Federal Agencies in Corner Post Decision

Federal agencies may need to call the bullpen for a relief pitcher after the last two weeks of hits delivered by the Supreme Court of the United States. The default limitations period for Administrative Procedure Act (APA)…more

Administrative Procedure Act, Chevron Deference, Corner Post Inc v Board of Governors of the Federal Reserve System, Government Agencies, Judicial Authority

See all updates »

Paige Franckiewicz

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when…more

Bad Faith, Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Evan Gaudet

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

See all updates »

Gerard Gaudet

U.S. Department of the Interior Publishes Final Well Control Rule to Help Prevent Offshore Catastrophic Blowouts

The United States Department of the Interior published the final well control rule on Aug. 22 from the Bureau of Safety and Environmental Enforcement (BSEE). The rule clarifies blowout preventer (BOP) system regulations and…more

Biden Administration, BSEE, Deepwater Horizon, Department of the Interior, Energy Sector

See all updates »

Matthew Guy

Not All at Sea are Seaman – Santee, Sanchez, Sans Jones Act Remedy

In Santee v. Oceaneering International, Inc., the Fifth Circuit determined that a technician for Remote Operated Vehicles (ROVs) on a drill ship, was not a seaman covered by the Jones Act but that his exclusive remedy for an…more

Compensation, Jones Act, Outer Continental Shelf Lands Act, Summary Judgment

See all updates »

Roy Hadley Jr.

Artificial Intelligence Redefines Our Defense Against Cyber Threats

In 2024, the cybersecurity landscape is poised for remarkable transformations and formidable challenges, and artificial intelligence (AI) is redefining the way we defend against cyber threats, with its prevalence in…more

Artificial Intelligence, Cyber Crimes, Cyber Threats, Cybersecurity, Data Breach

See all updates »

Ashley Harbin

ELVIS Act Becomes Law; Tennessee Safeguards Against AI Deepfakes

Tennessee has become the first state to enact legislation introducing new safeguards for the voices of songwriters, performers, and celebrities from artificial intelligence and deepfakes, as Governor Bill Lee signed the ELVIS…more

Artificial Intelligence, Cause of Action Accrual, Deep Fake, Fraud, General Elections

See all updates »

Randall Scott Hetrick

Mandatory PFML Requirements for Employers in the “Swamp” and “Rocky Mountain High”

This month, in the final part of our Adams and Reese Paid Family and Medical Leave series, we examine highlights of the mandatory PFML laws in Colorado and the District of Columbia, two other jurisdictions within the Adams and…more

Employee Benefits, Employer Liability Issues, Employment Policies, Medical Leave, Paid Family Leave Law

See all updates »

Philip Hollimon

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

See all updates »

Matthew Jackson

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

See all updates »

M. Scott Jones

What are the Takeaways from Silicon Valley Bank Collapse? Where are We Now?

On Wednesday, March 8, 2023, Silicon Valley Bank (SVB) announced to investors that it needed to raise $2.25 billion to shore up its balance sheet. A few days earlier, another bank (Silvergate Capital) announced it would cease…more

Banking Sector, Bridge Banks, FDIC, Federal Reserve, Financial Institutions

See all updates »

Christopher Kane

Post-Hurricane Francine Checklist for Individuals and Businesses

Hurricane Francine proved to be a true reminder that hurricane preparedness is critically important. With this unique weather event, Hurricane Francine formed in the southern Gulf and within 48 hours was knocking on the…more

Business Interruption, Documentation, FEMA, Hurricane Season, Insurance Claims

See all updates »

Amy Hanna Keeney

FDIC Sends Clear Message in Recent Enforcement Action: BaaS/Fintech Partnerships are a High-Risk Compliance Area

Last month, the Federal Deposit Insurance Corporation (“FDIC”) took action against a bank for alleged unsafe or unsound banking practices. This, in and of itself, is not usual or newsworthy. What is unusual and newsworthy,…more

Audits, Banks, Compliance, Consent Order, EFTA

See all updates »

Rocklan William King III

Insurers Get Relief: CA Rules No Duty to Defend in Opioid Lawsuits. Will Other States Follow?

Since 2014, thousands of individual lawsuits have been filed by state and local governments against opioid makers resulting from the influx of these drugs in the marketplace. To defray the costs in defending against these…more

California, Duty to Defend, Indemnification, Insurance Contracts, Insurance Industry

See all updates »

Philip Kirkpatrick

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

See all updates »

Edwin Laizer

EPA Greenlights Greenhouse Gas Emissions for Heavy-Duty Vehicles, But States File Lawsuit

Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight…more

Air Pollution, Air Quality Standards, CARB, Climate Change, Environmental Litigation

See all updates »

Jeff Littlejohn

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal…more

Administrative Procedure Act, Center for Biological Diversity, Clean Water Act, Department of Environmental Protection, Dredge and Fill

See all updates »

Tiffany Love

Post-Hurricane Francine Checklist for Individuals and Businesses

Hurricane Francine proved to be a true reminder that hurricane preparedness is critically important. With this unique weather event, Hurricane Francine formed in the southern Gulf and within 48 hours was knocking on the…more

Business Interruption, Documentation, FEMA, Hurricane Season, Insurance Claims

See all updates »

Benjamin Lute

U.S. Supreme Court Limits Definition of Wetlands Under Clean Water Act

On May 25, 2023, the Supreme Court published their opinion in a case styled as Sackett II, which again focused on the definition of “waters of the United States” (WOTUS) and the jurisdictional reach the federal government had…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

See all updates »

Haverly MacArthur

“Robo Rules” – U.S. Copyright Office Publishes Guidance on Works Containing Artificial Intelligence

The U.S. Copyright Office has published copyright registration guidance on works containing material generated by artificial intelligence technology. The statement of policy clarifies its practices for examining and registering…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

See all updates »

Michael MacHarg

Texas Court Strikes Down Enforcement of NLRB Joint-Employer Rule - Implications of the Decision

U.S. District Judge J. Campbell Barker vacated the National Labor Relations Board’s new rule on determining joint-employer status. The March 8 decision comes as the conclusion to a legal challenge brought against the rule in…more

Chamber of Commerce, Enforcement, Injunctions, Joint Employers, New Rules

See all updates »

Elizabeth Lee Maron

2024 Title IX Final Rule Enjoined in Louisiana, Mississippi, Montana, and Idaho

Last Thursday, a United States District Court in Louisiana enjoined implementation of the amended Title IX regulations (2024 Final Rule), the first decision in one of several cases challenging the 2024 Final Rule. The new…more

Administrative Procedure Act, Department of Education, Final Rules, First Amendment, Free Exercise Clause

See all updates »

Kellen Mathews

New Legislation Takes Aim at Fixing Louisiana’s “Insurance Crisis”

Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff…more

Breach of Duty, Good Faith, Homeowner's Insurance, Insurance Industry, Louisiana

See all updates »

Andrew McBride

Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit

A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in…more

Appellate Courts, Florida, Homeowners Association (HOA), Liability, Property Owners

See all updates »

Aaron McLeod

Texas Appeals Court Rules in Favor of Adams and Reese Client; Addresses “Best-Efforts” Clause Enforceability

“Best-efforts” clauses in commercial contracts are not enforceable absent an objectively measurable standard or guideline for determining performance, according to the Court of Appeals for the First District of Texas, which…more

Appeals, Best Efforts Clauses, Commercial Contracts, Earn-Outs, Enforcement

See all updates »

Evan Moeller

Texas Appeals Court Rules in Favor of Adams and Reese Client; Addresses “Best-Efforts” Clause Enforceability

“Best-efforts” clauses in commercial contracts are not enforceable absent an objectively measurable standard or guideline for determining performance, according to the Court of Appeals for the First District of Texas, which…more

Appeals, Best Efforts Clauses, Commercial Contracts, Earn-Outs, Enforcement

See all updates »

Kristina Montanaro Schrader

What’s Next Following the INFORM Consumers Act?

Focus on IP Law: Online Marketplaces Have Until June 27 to Implement Measures to Comply with New Anti-Counterfeiting Law - Any brand owner with an anti-counterfeiting program will tell you that one of their biggest…more

Consumers, Counterfeiting, Cybersecurity, Disclosure Requirements, Enforcement

See all updates »

Lynn Morrow

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

See all updates »

Margaret Myers

[Webinar] Workplace Accommodations and Protections for Pregnant and Nursing Mothers: New Federal Law Requirement as of June 2023 - October 5th, 12:00 pm - 1:00 pm CT

Adams and Reese Partner Margaret Myers will lead a complimentary, one-hour CLE webinar to discuss Workplace Accommodations and Protections for Pregnant and Nursing Mothers: New Federal Law Requirement as of June 2023…more

Best Practices, Breastfeeding, Continuing Legal Education, Employer Liability Issues, Federal Labor Laws

See all updates »

Ryan Owen

Don’t Delete That Data! Actions Required to Satisfy Document Preservation Obligations

When faced with litigation, many companies will hire a lawyer and otherwise continue to operate as if everything else is normal. However, a recent Florida court decision has shown that certain steps are required to satisfy…more

Cell Phones, Data Collection, Data Deletion, Document Preservation Notices, Electronic Records

See all updates »

G. Robert Parrott II

More Businesses Now Eligible for Employee Retention Credit (ERC) – Do You Qualify?

What is the ERC? Congress introduced the Employee Retention Credit (ERC) as part of the CARES Act to encourage businesses to keep employees on their payroll during the pandemic…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Employee Retention, Paycheck Protection Program (PPP)

See all updates »

Eric Partlow

Post-Hurricane Francine Checklist for Individuals and Businesses

Hurricane Francine proved to be a true reminder that hurricane preparedness is critically important. With this unique weather event, Hurricane Francine formed in the southern Gulf and within 48 hours was knocking on the…more

Business Interruption, Documentation, FEMA, Hurricane Season, Insurance Claims

See all updates »

Lucian Pera

[Webinar] The Legal Ethics Year in Review: News You Can Use for Corporate Counsel - December 15th, 12:00 pm - 1:00 pm CST

Why You Should Attend: Lucian Pera provides a wide-ranging, thorough review of the most important developments over the last year in legal ethics, the law of lawyering, and attorney-client privilege. In the one-hour discussion,…more

Arbitration Agreements, Attorney-Client Privilege, Conflicts of Interest, Continuing Legal Education, Corporate Counsel

See all updates »

Gabriel Pinilla

Colorado’s Construction Industry Faces Risk from Controversial Consumer Protection Bill

A controversial bill is making its way through the Colorado state legislature that threatens to unleash a flood of litigation that could have far-reaching consequences for the construction industry. House Bill 24-1014 aims…more

Construction Industry, Consumer Protection Act, Unfair or Deceptive Trade Practices

See all updates »

Rob Pinson

Tennessee Self-Distribution Recap for Brewers

State-wide self-distribution in Tennessee began October 1, 2021 for brewers. Rob Pinson and yours truly prepared the following summary of this ground-breaking law. Enjoy brewing, self-distributing and making money. In the words…more

Beer, Breweries, Jurisdiction, Tennessee

See all updates »

Carter Pope

Succession Planning Tips for Veteran-Owned Businesses

Succession planning is critical to all businesses to ensure smooth and continuous operations after important people move on to new opportunities, retire, or pass away. A succession plan or continuity plan, in the case of a…more

Business Operations, Eligibility, SBA, SDVOSB, Succession Planning

See all updates »

Erica Pope

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement…more

Appeals, Confidentiality Agreements, Employee Rights, Employment Contract, NLRB

See all updates »

Ashlee Poplin

North Carolina Offices Clarify Licensing, Permitting Guidelines for Solar Panel Installations

North Carolina Surges to Fourth in Nation for Solar Energy - A July 2023 Forbes article reports that North Carolina ranks fourth in the nation for solar energy generation, according to the United States Energy Information…more

Contractors, Homeowners Association (HOA), Licensing Rules, North Carolina, Solar Energy

See all updates »

Kyle Potts

Fifth Circuit upholds “seamen” exemption and dismisses “day-rate” FLSA collective action suit.

A wave of FLSA collective (class) actions have been filed against scores of marine shipping and towing companies in the Gulf States for violation of the FLSA. Specifically, these suits claim that the commonly used “day-rate” pay…more

Attorney's Fees, Class Action, Day-Rate Pay, Fair Labor Standards Act (FLSA), Liquidated Damages

See all updates »

Emory Powers

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA compliance…more

Advertising, Auto-Dialed Calls, Carve Out Provisions, Compliance, Data Breach

See all updates »

Brian Pugh

Ten Issues to Consider When You Are Planning to Lease Commercial Property

There are many important issues for a business to consider when its leaders plan to lease commercial property as a tenant. Whether the planned new location will be the only location for the business or a new location to be added…more

Business Taxes, Commercial Leases, Commercial Tenants, Contract Terms, Landlords

See all updates »

Jeffrey Richardson

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when…more

Bad Faith, Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

John Rogerson III

Closing the Chapter 7 Loophole for High Income Debtors

Heralded by debtor’s attorneys as “a wonderful loophole”1 in the Bankruptcy Code, a debtor who has primarily business, rather than consumer, debts can qualify for a speedy Chapter 7 discharge despite a high earning capacity that…more

Chapter 11, Chapter 7, Debtor-Creditor, Debtors, Means Test

See all updates »

Alexandra Roselli Lamb

ChatGPT: An Insurer's Friend or Foe in the Fight Against Insurance Fraud

The hype around ChatGPT and other artificial intelligence is hard to escape. The importance of learning the risks and advantages of artificial technology cannot be understated. This is especially true for the insurance industry,…more

Artificial Intelligence, Insurance Fraud, Machine Learning

See all updates »

Leigh Ann Schell

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases, the…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

See all updates »

Hunter Schoen

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

See all updates »

Bennett Secrest

Georgia and Florida Pass Commercial Financing Disclosure Laws

To Whom Do the Laws Apply? What are the Required Disclosures? Georgia and Florida join others in passing commercial financing disclosure laws – new state regulations requiring disclosure statements from certain commercial…more

Disclosure Requirements, Equity, Financing, Leases, Online Marketplace Lending

See all updates »

Erica Sensenbrenner

More Businesses Now Eligible for Employee Retention Credit (ERC) – Do You Qualify?

What is the ERC? Congress introduced the Employee Retention Credit (ERC) as part of the CARES Act to encourage businesses to keep employees on their payroll during the pandemic…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Employee Retention, Paycheck Protection Program (PPP)

See all updates »

William Shea

Louisiana Legislature Convenes Special Session to Address Hurricane Insurance Crisis

Today, the Louisiana Legislature convened a special session to address the issue of funding for the Insure Louisiana Incentive Fund. Governor John Bel Edwards called for the emergency session in response to mounting concerns…more

Homeowner's Insurance, Hurricane Season, Insolvency, Insurance Industry, Louisiana

See all updates »

Philip Sherman

Property Tax Assessments and Losses Resulting from Hurricane Ida

The damage caused to property by Hurricane Ida in Louisiana was significant. Many businesses will or already have made claims with their insurers for property damage, loss of equipment, inventory, and business interruption. One…more

Hurricane Season, Louisiana, Property Damage, Property Tax, Severe Weather

See all updates »

Brent Siler

Service Animals in the Office? Here’s How Employers Should Handle Accommodation Requests

The concept of service animals in the workplace has been around for quite some time, but many managers, especially those at smaller companies, may not have yet had to address it. With regard to employees, you can treat a…more

Americans with Disabilities Act (ADA), Documentation, Employer Liability Issues, Employment Policies, Reasonable Accommodation

See all updates »

Brian Smithweck

CTA Update – Where Do We Stand After Alabama District Court Ruling?

On March 1, 2024, the Northern District of Alabama Northeastern Division, in National Small Business United v. Yellen, No. 5:22-cv-1448 (N.D. Ala.), ruled the Corporate Transparency Act unconstitutional. However, the holding…more

Alabama, Beneficial Owner, Civil Monetary Penalty, Corporate Transparency Act, Criminal Penalties

See all updates »

W. Taylor Stanley

“Preponderance of the Evidence” Prevails in South Carolina Tidelands Dispute

History teachers may enjoy this story. In a court case involving South Carolina tidelands tracts issued 300 years ago via King’s grants, an appeals court ruled that clear and convincing evidence is not necessarily required…more

Appeals, Grants, Law of the Case Doctrine, Preponderance of the Evidence

See all updates »

Martin Stern

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases, the…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

See all updates »

Harper Street

Ask Not for Whom the Blue Bell Tolls

Fifth Circuit Ruling Against Blue Bell’s Corporate Directors and Officers May Limit Availability of Insurance Coverage in Shareholder Derivative Actions - In a recent ruling, the United States Court of Appeals for the Fifth…more

Appeals, Blue Bell Creameries, Bodily Injury, Breach of Duty, Commercial Insurance Policies

See all updates »

Lauren Tafaro

Exempted from Overtime Pay?

Supreme Court rules in favor of well-paid oil and gas company supervisor in overtime compensation dispute. Consider for a moment whether a company supervisor who makes over $200,000 annually is a “salaried employee” or not,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Highly Compensated Employees

See all updates »

Alec Taylor

Mississippi Amends Code for Residential Roof Contractors; What Changes Do You Need to Know?

Residential roof contractors need to be aware of final amendments to a Mississippi state code that governs the interaction between a residential roofing contractor and a homeowner when insurance proceeds pay for some or all of a…more

Building Codes, Contractors, New Amendments

See all updates »

Guilford Thornton Jr.

Shaping the Future of Business Operations: Turning Threat into Opportunity

As the fourth wave of COVID surges, businesses are left, once again, wondering what to expect in regards to their staff, clients, office space, and more. In Season 2, Episode 5, Adams and Reese’s Managing Partner, Gif Thornton,…more

Business Development, Business Operations, Business Opportunities, Coronavirus/COVID-19, Crisis Management

See all updates »

Lee Tomlinson

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360…more

Construction Defects, Construction Industry, Contractors, Due Diligence, Florida

See all updates »

David Toney

Emerging Trends in Construction Defect/Product Liability for Manufacturers

There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is…more

Addendums, Construction Contracts, Construction Industry, Contractors, Coronavirus/COVID-19

See all updates »

Jeff Trotter

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

See all updates »

Louis Ursini III

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA compliance…more

Advertising, Auto-Dialed Calls, Carve Out Provisions, Compliance, Data Breach

See all updates »

Roland Vandenweghe Jr.

OSHA Clarifies Who May Attend Workplace Inspections

The Occupational Safety and Health Administration (OSHA) recently amended 29 CFR 1903.8(c) to clarify who may represent employees during workplace inspections. Because these amendments will go into effect on May 31, 2024 (which…more

Employee Representatives, Inspections, New Regulations, OSHA, Safety Inspections

See all updates »

Katelin Varnado

Important Louisiana Licensing Tips for Out-of-State Contractors for 2023 Hurricane Season

With the peak of the hurricane season approaching, it is important to share some important tips and requirements for out-of-state contractors to know before performing remediation or restoration work on commercial or residential…more

Construction Industry, Contractors, Hurricane Season, Licensing Rules, Louisiana

See all updates »

Herschel Vinyard Jr.

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal…more

Administrative Procedure Act, Center for Biological Diversity, Clean Water Act, Department of Environmental Protection, Dredge and Fill

See all updates »

Timothy Volpe

Shaping the Future of Business Operations: Turning Threat into Opportunity

As the fourth wave of COVID surges, businesses are left, once again, wondering what to expect in regards to their staff, clients, office space, and more. In Season 2, Episode 5, Adams and Reese’s Managing Partner, Gif Thornton,…more

Business Development, Business Operations, Business Opportunities, Coronavirus/COVID-19, Crisis Management

See all updates »

Marc Warren

What is the Civil Reserve Air Fleet Program? Why is CRAF Beneficial to the Military and Airline Industry?

The Civil Reserve Air Fleet Program (“CRAF”) is a story of industry and government successfully working together in the national interest. It’s also an example of how the commercial airline industry – which employs hundreds of…more

Airlines, Department of Defense (DOD), Military Conflict

See all updates »

Collin Weyand

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to the…more

Cause of Action Accrual, Duty to Defend, Extrinsic Evidence, Insurance Industry, Insurance Litigation

See all updates »

Thomas White

The Legalization of "Alcohol To-Go" in Florida's Highly Regulated Beverage Alcohol Industry

More than a year since the COVID-19 pandemic first began, we are all familiar with the ways in which it has impacted industry in the United States. While it decimated brick and mortar businesses and caused thousands of bars and…more

Alcohol Beverage Control, Beverage Manufacturers, Coronavirus/COVID-19, Direct to Consumer Sales, Executive Orders

See all updates »

S. Craig Wilcox

Texas Becomes 22nd State to Pass CROWN Act – What Employers Need to Know

Texas has become the 22nd state to pass the CROWN Act – Creating a Respectful and Open World for Natural Hair Act – which essentially prohibits employers, labor unions, and employment agencies, from discriminating against any…more

FEHA, Hairstyle Discrimination, Labor Code, NAACP, Popular

See all updates »

John Woods III

What are the Best Practices for Internal Controls and the Warning Signs of Embezzlement?

President Ronald Reagan once said, “Trust, but verify,” echoing a Russian proverb to describe the relationship moving forward with the Soviet Union. The saying loosely translates into proceeding cautiously when someone is…more

Accounting, Audits, Bank Accounts, Bank Deposits, Deposit Insurance

See all updates »

William Wright IV

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to the…more

Cause of Action Accrual, Duty to Defend, Extrinsic Evidence, Insurance Industry, Insurance Litigation

See all updates »

Jin Yoshikawa

ELVIS Act Becomes Law; Tennessee Safeguards Against AI Deepfakes

Tennessee has become the first state to enact legislation introducing new safeguards for the voices of songwriters, performers, and celebrities from artificial intelligence and deepfakes, as Governor Bill Lee signed the ELVIS…more

Artificial Intelligence, Cause of Action Accrual, Deep Fake, Fraud, General Elections

See all updates »

Christopher Yost

Colorado’s Construction Industry Faces Risk from Controversial Consumer Protection Bill

A controversial bill is making its way through the Colorado state legislature that threatens to unleash a flood of litigation that could have far-reaching consequences for the construction industry. House Bill 24-1014 aims…more

Construction Industry, Consumer Protection Act, Unfair or Deceptive Trade Practices

See all updates »

Laurie Briggs Young

Supreme Court Ruling Makes Mortgage Loan Officers Eligible for Overtime Pay

Federal agencies now have the authority to interpret their own rules. On March 9, 2015, in Perez v. Mortgage Bankers Ass’n, No. 13-1041, slip op. (U.S. Mar. 9, 2015), the United States Supreme Court effectively gave federal…more

Administrative Exemption, Administrative Procedure Act, Banks, Department of Labor (DOL), Exempt-Employees

See all updates »

Garrett Zoghby

Risky Business – Making Indemnities Work

Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in…more

Duty to Defend, Indemnification, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »