Baker Donelson

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Imad Abdullah

Government Employee Pensions May Now Be Fair Game for Cuts During Bankruptcy Restructuring

On Tuesday, December 2, 2013, Judge Steven Rhodes of the Eastern District of Michigan ruled that the City of Detroit, which filed for Chapter 9 bankruptcy protection in the U.S. Bankruptcy Court on July 18, 2013, met the…more

Chapter 9, Municipal Bankruptcy, Municipalities, Pensions, Public Employees

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David Adams

Keep Your Eye On the Ball: Begin 2014 With a Renewed Effort at Compliance

While most of the financial world has been focused on the new CFPB mortgage rules that went into effect on January 10, the Bureau has continued its enforcement activities in other areas. On January 16, 2013, the CFPB announced…more

CFPB, Chief Compliance Officers, Client Referrals, Compliance, Enforcement

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Kristopher Anderson

FTC Ruling Not So Wonderful For POM or The First Amendment

On January 16, 2013, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case about the advertisements for POM Wonderful LLC's 100% Pomegranate Juice and POMx supplements…more

Advertising, Efficacy Claims, First Amendment, FTC, Health Claims

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Robert Arentson Jr.

Power Company Plans to Capture Carbon Dioxide Emissions to Sell for Enhanced Oil Recovery

Cost overruns at a controversial coal-gasification plant under construction in Kemper County, Mississippi apparently have cost the CEO of Mississippi Power Company his job. Ed Day recently resigned and has been replaced by G…more

Carbon Capture and Sequestration, CEOs, Coal, Coal-Gasification, Greenhouse Gas Emissions

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L. Mabel Arroyo

Man Convicted of Forcing Foreign Nurses to Work in U.S. Nursing Homes

A Colorado businessman was convicted last month by a federal jury in Denver on 89 counts including mail fraud, visa fraud, human trafficking and money laundering…more

Criminal Prosecution, Fraud, Human Trafficking, Mail Fraud, Money Laundering

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Stephen Azia

Weigh In with Comments on CMS Proposed Rule for Medicare IRP by June 28

The Centers for Medicare and Medicaid Services (CMS) issued a proposed rule entitled "Medicare Program; Requirements for the Medicare Incentive Reward Program and Provider Enrollment" on April 29, 2013. This proposed rule,…more

CMS, Medicare, Proposed Regulation, Public Comment, ZPIC

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Adam Baldridge

Challenging the Denial of a Trademark Application in District Court Just Got More Expensive

In Shammas v. Focarino, the Eastern District of Virginia holds that an applicant must pay the government attorney's fees regardless of the applicant's success in a Section 1071(b) civil matter. …more

Applications, Attorney's Fees, Litigation Fees & Costs, Trademark Litigation, Trademark Trial and Appeal Board

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C. Tyler Ball

Spotlight on Mississippi: Supreme Court Rules on Combined Group Member Tax Credits

The Mississippi Supreme Court has ruled against the Mississippi Department of Revenue (Department) in its appeal of a 2012 decision by the Harrison County Chancery Court in favor of Isle of Capri Casinos, Inc. (Isle of…more

Department of Revenue, State Taxes, Tax Credits

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Zachary Bancroft

Extraordinary Florida Foreclosure Remedies

When servicers or lenders think of having to foreclose on commercial property in the State of Florida, what immediately comes to mind is a lengthy judicial foreclosure process, and difficulty in enforcing rights provided in…more

Assignments, Commercial Real Estate Market, Foreclosure, Mortgages, Receivership

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Rachel VanNortwick Barlotta

President Obama Signs Memorandum To Expand Overtime Protection

On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to create new regulations making more workers eligible for overtime pay under the Fair Labor Standards Act's (FLSA) overtime…more

Barack Obama, Employee Rights, Exempt-Employees, FLSA, Non-Exempt Employees

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John Barnes

Case Study of a CFPB Enforcement Action: In re JPMorgan Chase Bank, N.A.; and Chase Bank USA, N.A.

The Consumer Financial Protection Bureau (CFPB) brought an enforcement action against JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A. (collectively, the Bank), pursuant to 12 U.S.C. §§ 5563 and 5565 with regard to their…more

Audits, CFPB, Chase Bank, Civil Monetary Penalty, False Billing

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Thomas Bartrum

Bill Introduced to Curtail the Stark Law's In-Office Ancillary Services Exception

On August 1, Rep. Jackie Speier (D-CA) introduced H.R. 2914, the Promoting Integrity in Medicare Act. The legislation would provide that the Stark Law's in-office ancillary services (IOAS) exception is not available for…more

CMS, Healthcare, HHS, Medical Devices, Medical Expenses

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Bill Bensinger

Student Loans: The Next CFPB Target?

There is approximately $1 trillion in total outstanding student loan debt in the United States, according to the Consumer Finance Protection Bureau. With the large amount of student loan debt nationwide as well as on a…more

CFPB, Student Loans

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Ben Bodzy

Employment Reform Legislation Passes Tennessee Legislature

On April 16, 2014, the Tennessee General Assembly, at the urging of Baker Donelson, passed significant employment litigation reform that will benefit employers throughout Tennessee. The bill places caps on compensatory damages,…more

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Lisa Borden

Appleseed Event Featured Two Justice Legends Who Are Still Fighting, Opening Eyes

I had the great pleasure today of attending the Alabama Appleseed Brewer-Torbert Awards Luncheon. What an inspiring event! This year's award was presented to Fred Gray, a legendary civil rights attorney and icon. Mr. Gray…more

Civil Rights Act, Desegregation, Racial Discrimination, Rev. Dr. Martin Luther King, Young Lawyers

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Marcie Kiggans Bradley

Sixth Circuit Issues Shocking Opinion Against ERISA Insurer, Dramatically Changes The ERISA Landscape

In what can only be described as a shocking opinion, the Sixth Circuit Court of Appeals issued a 2-1 decision affirming a lower court's award of $3.8 million dollars in disgorged profits to a former president of Arthur J…more

Attorney's Fees, Disability, Disability Benefits, Disability Discrimination, Disgorgement

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Quin Breland

Louisiana Fails to Cut Natural Resources Severance Tax

The Louisiana legislature adjourned on June 6, 2013 without reaching an agreement on reducing the natural resources severance tax…more

Oil & Gas, Severance Tax

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Joel Buckberg

IFA Legal Symposium Report

For our readers who did not attend the early May International Franchise Association Legal Symposium held in Washington, we pass along these observations..…more

Disclosure Requirements, Franchise Agreements, Independent Contractors, Non-Compete Agreements, Proposed Legislation

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Joseph "Jay" Buller

Georgia's Long-Awaited Ruling Finds in Favor of Lenders

Today, the Georgia Supreme Court, in You v. JP Morgan Chase Bank, N.A. et al., S13Q0040, held that the assignee of a security deed can conduct a non-judicial foreclosure sale without holding or owning the underlying promissory…more

Foreclosure, Lenders, Mortgages, Promissory Notes, Security Deed

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Zachary Busey

Breaking Brackets: Is Gambling on March Madness Illegal?

It's March Madness, Baby! That's right, for the next three weeks you probably won't go a single day without hearing: "Hey, how is your bracket doing?" or "What?! You didn't fill out a bracket?! Are you nuts?!" The NCAA Division…more

Gambling, Gaming, Sports Betting

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Jason Bush

Franchisors Must Act Quickly to Obtain Injunctive Relief on Non-Competition Covenants

A recent case from the United States Court of Appeals for the Eighth Circuit reaffirms the important principle that a franchisor, or any business, that seeks a preliminary injunction to prevent harm from a covenant breach must…more

Franchise Agreements, Franchisors, Non-Compete Agreements, Preliminary Injunctions

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Ivy Cadle

Lender Involved Condemnation Part 2: Lender Concerns in Condemnation

This is the second installment in a series of articles related to lender-involved condemnations. The first installment provided a basic discussion of eminent domain and condemnation principles…more

Condemnation, Eminent Domain, Lenders, Risk Management, Takings

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John Calender

CFPB Demonstrates its Broad Scope

While it has only just begun its third year, the CFPB has already left its mark with a series of recent enforcement actions. Below are four examples of how the CFPB has wielded the broad scope of its mandate…more

Bonuses, Capital One, CFPB, Debt-Relief Industry, Enforcement Actions

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Phyllis Cancienne

NLRB Takes Aim at Non-Union Employers

The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a…more

At-Will Employment, Confidentiality, Internal Investigations, NLRA, NLRB

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Luke Cantrell

New York Appellate Court Throws Curveball at Fracking Debate

The Appellate Division of the New York Supreme Court, Third Department, unanimously rejected an appeal from Norse Energy Corporation, and affirmed the Town of Dryden’s right to prevent fracking through land use and zoning…more

Fracking, Fracking Bans, Marcellus Shale, Oil & Gas

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Sarah Casey

U.S. Department of Energy Grants Long-Term Contract to Cameron LNG

On February 11, 2014, the U.S. Department of Energy issued an order conditionally granting long-term contract authorization to export liquefied natural gas by vessel to non-free trade agreement nations from the Cameron LNG, LLC…more

DOE, Energy, Exports, Liquid Natural Gas, Oil & Gas

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Bradley Chambers

Texas Joins 47 Other States to Adopt the Uniform Trade Secrets Act

On May 2, 2013, Governor Rick Perry signed the Texas Uniform Trade Secrets Act (TUTSA), a substantially similar law to the Uniform Trade Secrets Act (UTSA). The adoption of UTSA goes into effect on September 1, 2013, and brings…more

Attorney's Fees, Injunctions, Trade Secrets, Uniform Trade Secrets Acts

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Amy Champagne

Mississippi State Oil and Gas Board to Tighten Blowout Preventer Rule

Mississippi's Statewide Rule 13, addressing blowout preventers, currently states that, "[i]n drilling areas where high pressures are likely to exist and on all wildcat wells, all proper and necessary precautions shall be taken…more

Oil & Gas, Safety Precautions

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Alisa Chestler

HHS's New Security Risk Tool for HIPAA Compliance

On March 28, 2014, the HHS Office of the National Coordinator for Health Information Technology (ONC), in conjunction with the HHS Office for Civil Rights (OCR), released a Security Risk Assessment tool (SRA tool) to assist…more

Compliance, Cybersecurity, Data Breach, Data Protection, HHS

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Stephen Chiccarelli

Mississippi's New Construction Lien Law

On Friday, April 11, 2014, Governor Bryant signed Senate Bill 2622 and thus made that bill the new construction lien law, effective immediately, applicable to public, private and residential construction works in Mississippi. We…more

Construction Disputes, Construction Liens

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Laurie Clark

Sin of Omission: Ninth Circuit Splits with the Fifth, Finds That Failure to Include Addendum No. 2 Creates Ambiguity in Marine Builder's Risk Policy

In a marine builder's risk policy coverage dispute decided under Washington state law, the United States Court of Appeals for the Ninth Circuit reversed and remanded a grant of summary judgment for Underwriters…more

Commercial General Liability Policies, Reversal, Summary Judgment, Underwriting, Vessels

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Ross Cohen

Spotlight on Alabama: Legislature Passes Two Pro-Business Tax Acts

Earlier this month the Alabama Legislature passed two pro-business tax acts. Both acts received the support of various business groups in the state. The first has already been signed into law by Governor Bentley, and we expect…more

Business Taxes, Corporate Taxes, Tax Reform

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Paul Colomb

Louisiana Lands on “Judicial Hellhole Watch List” for Third Year

The American Tort Reform Association released its annual Judicial Hellholes Report earlier this month and Louisiana received the dubious distinction of landing on the report’s watch list for the third consecutive year. The…more

Jurisdiction, Oil & Gas, Tort Reform

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Joann Coston-Holloway

EEOC Provides Clarification on Use of Criminal History Information in Hiring Decisions

What are the requirements for employers that use criminal history information in making employment decisions? Are employers required to take on the onerous task of individually assessing applicants to ensure that they do not…more

Ban the Box, Criminal Background Checks, Criminal Records, EEOC, Employer Liability Issues

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Richard Cowart

HHS: Providers May Be Able to Subsidize Premiums For Uninsured in Marketplace Plans

An announcement October 30 from Health and Human Services Secretary Kathleen Sebelius could remove the first hurdle for providers wishing to offer premium support for individuals eligible for health insurance on the Health…more

Affordable Care Act, Anti-Kickback Statute, Health Insurance, Health Insurance Exchanges, Healthcare

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Nakimuli Davis

Georgia May Give Employers Three Strikes for Failing to Respond to Unemployment Claim Notices But Other States are Not as Lenient

Due to the recession, unemployment insurance (UI) claims significantly increased. UI claims weren’t the only thing to increase, however. The percentage of estimated UI benefit overpayment also increased. In light of these and…more

Compliance, DOL, Unemployment, Unemployment Benefits, Unemployment Insurance

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Terrence Davis

Volcker Rule Restricts Banks' Activities with Hedge Funds and Private Funds

On December 10, 2013, the Federal Reserve Board of Governors, the Federal Deposit Insurance Corporation, the Office of Comptroller of the Currency, the Securities and Exchange Commission and the Commodity Futures Trading…more

Banks, Dodd-Frank, Hedge Funds, Private Funds, Volcker Rule

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Renee Decker

Who's Who in the CFPB: Key Players in the New Agency

Richard Cordray became the first Director of the CFPB over the summer when President Obama named him to the post through a controversial recess appointment. This came after the Senate blocked Cordray's nomination in 2011…more

CFPB, Political Appointments, Richard Cordray

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Warner Delaune

Fracking Revenue Offsets Education Costs

Many colleges across the country are now looking directly to oil and gas as a source of much needed revenue for education. With cut-backs to state budgets, many states are strongly considering whether to allow hydraulic…more

Engineering, Fracking, Oil & Gas, Students

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Jaime DeRensis

Sixth Circuit Clarifies Burden of Proof on Lien Validity and Confirms Availability of Defensive Avoidance Powers

On December 17, 2013, the United States Court of Appeals for the Sixth Circuit issued an opinion in the matter of Grant, Konvalinka & Harrison, P.C. v. C. Kenneth Still, (Case No. 12-6374) resolving two bankruptcy issues of…more

Chapter 11, Chapter 7, Consumer Bankruptcy, Creditors, Preferential Transfers

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Kyle Diamantas

CMBS Pre-negotiation Agreements

Pre-negotiation agreements ("PNA’s") are contractual arrangements in which a lender and a distressed borrower agree to negotiate the terms of a potential workout or settlement. The primary purpose of a PNA is to foster an open,…more

Borrowers, CMBS, Lenders, Loan Agreements, Pre-Negotiation Agreements

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Robert Divine

E-Verify to Lock Theft-ridden SSNs: We Should All Worry

E-Verify, a semi-voluntary online program by which employers can confirm the identity and work authorization of workers as they are hired, is being programmed to "lock out" social security numbers (SSNs) that have been…more

E-Verify, Immigrants, Social Security Numbers, Tentative Nonconfirmation, USCIS

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Lawrence Eastwood Jr.

Employment Reform Legislation Passes Tennessee Legislature

On April 16, 2014, the Tennessee General Assembly, at the urging of Baker Donelson, passed significant employment litigation reform that will benefit employers throughout Tennessee. The bill places caps on compensatory damages,…more

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Doreen Edelman

Real OFAC Policy Changes Toward Iran—OFAC will consider non Ag/Med exports

As a new round of nuclear talks involving American, European, and Iranian leaders commence this week in Vienna it appears that the first-step deal agreed upon in January has already led to significant changes in OFAC’ s Iranian…more

Aviation Industry, Exports, Iran, Iran Sanctions, Medical Devices

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Steven Eisen

Heard on the Phone

As trusted advisors, that is, lawyers (no lawyer/shark jokes please, but did you hear the one about…), to many financial institutions, we spend much of our day on digitally enhanced telephones or other devices communicating with…more

CFPB, Compliance, Enforcement

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Robert Emmett

Was Asbestos Used in Your Drilling Mud Program?

With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via…more

Asbestos, Asbestos Litigation, Chemicals, Hazardous Substances, Oil & Gas

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Richard Faulkner Jr.

Proper Use of Letters of Intent

The parties to purchase or lease transactions involving long term care facilities frequently sign letters of intent as a preliminary step in completing the transaction. Drafted carefully, letters of intent enhance the…more

Confidentiality, Leases, Letters of Intent, Long Term Care Facilities, Negotiations

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Daniel Ferretti

Why Take a Deed in Lieu of Foreclosure? Why Not?

So you're headed for receivership and foreclosure, when the borrower rep or your counsel asks, "What about a deed in lieu?" "I don't know," you think. "Getting a receiver appointed and foreclosing is what I'm most familiar…more

Deed of Trust, Foreclosure, Mortgages

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Cable Frost

Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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William Davis Frye

Top 10 Recommendations to Avoid Litigation

Nursing homes and assisted living facilities have been targeted by plaintiff's attorneys who advertise heavily in an effort to solicit plaintiffs for malpractice suits…more

Medical Liability

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Mark Fulks

What to Expect after a Foreclosure Sale in Virginia: The Commissoner of Accounts

In many non-judicial foreclosure jurisdictions, a foreclosure is generally considered concluded when the foreclosure trustee conveys the property to the purchaser. Though this is true from the purchaser’s perspective, the…more

Foreclosure, Mortgages

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Adam Gates

New North Carolina Law Prohibits Employers from Asking Applicants for Information About Expunged Criminal Arrests, Charges, and Convictions

Imagine a scenario where the applicant you are about to hire as Chief Financial Officer was convicted of a crime, perhaps embezzlement, that he managed to get expunged, but you’ll never know because you can’t ask him about…more

Ban the Box, Criminal Background Checks, Employment Application, Expungement, Hiring & Firing

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Courtney Gilmer

CFPB Focusing on Mortgage Closing Process

Following an initial focus on altering loan qualification guidelines and servicing regulations, the Consumer Financial Protection Bureau (CFPB) has turned its attention to the loan closing process for home mortgages…more

CFPB, Mortgages

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Jonathan Green

Foreclosure Notice Which States that Servicer has Authority to Amend or Modify the Loan May Not Satisfy Georgia Law

Eight months ago, we sent a client alert when the Georgia Supreme Court released its opinion responding to questions certified by the U.S. District Court for the Northern District of Georgia in You v. J.P. Morgan Chase Bank,…more

Banking Sector, Foreclosure, Mortgage Servicers

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Steven Griffith Jr.

Bringing Your Employees Down From Their High: Drug Testing and Legalized Marijuana

Over the last few years, several states have legalized the use of marijuana under certain situations. In some states, the use of marijuana for medicinal purposes has been legal for some time. In others, and particularly more…more

Drug Testing, Marijuana

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Carla Gunnin

OSHA Update: Aggressive OSHA Enforcement and "OSHA Jail"

OSHA has proposed its budget for fiscal year 2015 and there are already many contentious positions being taken regarding what had been hailed as overly aggressive enforcement positions by OSHA. Examples of overzealous…more

Compliance, Employer Liability Issues, Enforcement, OSHA, Unions

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Alicia Hall

Financial Institutions and Employers Cannot Mandate that Wages be Deposited to Payroll Card Accounts

Payroll card accounts have many benefits. The cards are a helpful option for employees who do not have checking accounts, and many banks have offered financial incentives to employers who choose their institution's card to pay…more

CFPB, Compliance, Debit Cards, EFTA, Enforcement

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Jennifer Hall

Wage And Hour Issues Make Headlines Early In 2014

Based upon a unanimous ruling from the United States Supreme Court and comments from President Barack Obama during his State of the Union address, wage and hour issues are front and center for 2014. Under the wage and hour laws,…more

Collective Bargaining, FLSA, Protective Gear, Sandifer v U.S. Steel Corp, SCOTUS

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Jonathan Hancock

Guns At Work In Tennessee: What Can Be Banned, What Can Probably Be Banned, And What Is Left

The Tennessee legislature's recent enactment of what has been widely named the "Guns in the Trunk" statute, codified at Tennessee Code Annotated § 39-17-1313, has sparked debate across the state about the statute's impact on an…more

At-Will Employment, Concealed Carry Permit, Firearms, Guns-in-Trunks Legislation, Hiring & Firing

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Amy Hanna

CFPB Continues Grassroots Methods to Obtain Complaints from Borrowers

In mid-January of this year, Richard Cordray addressed mayors from around the country and explained the many ways that the CFPB is making it easier for disgruntled borrowers to lodge consumer complaints through the CFPB. At the…more

CFPB, Mortgages, Richard Cordray

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Christopher Hannan

District Court Extends Fifth Circuit’s Naquin Decision to Barge Cleaning/Repair Employee

As previously reported (regarding the Naquin decision), the Fifth Circuit recently expanded the scope of Jones Act seaman status to include a shipyard worker who spent 70% of his time working aboard vessels (usually moored to…more

Employee Rights, Fraud, Jones Act, Shipyard Industry, Wage and Hour

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Whitney Harmon

President Obama Signs Executive Order Establishing Minimum Wage for Federal Contractors

On February 12, 2014, President Obama signed an Executive Order establishing a minimum wage for federal contractors. The Executive Order states that its purpose is to "increase efficiency and cost savings in the work performed…more

Executive Orders, Federal Contractors, Minimum Wage

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Carl Hartley

Spotlight on Tennessee: Department of Revenue Addresses Manufacturer's Sourcing of Drop Shipment Receipts

For Tennessee excise and franchise tax purposes, a taxpayer that has business activities taxable both inside and outside this state must apportion its business net earnings and net worth using a three-factor apportionment…more

Business Taxes, Department of Revenue, Excise Tax, Franchise Taxes, Manufacturers

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Jan Hayden

Surcharges in Bankruptcy - A Risk You Can Plan For?

The Bankruptcy Code is a balancing act with each section promoting one or more of three competing principles: the protection of a secured creditor's property rights, equitable and equal distribution to unsecured creditors or the…more

Bankrtupcy Surcharges, Equitable Distribution, Rule 506 Offerings, Secured Creditors

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Michael Hess

HHS Issues Guidance on Permitted Remuneration for Prescription Refill Reminders in the Absence of Patient Authorization

On September 19, the Health and Human Services Department (HHS) issued guidance on the effect of the January 25, 2013 Final Rule provision about remuneration related to prescription refill reminders and medication adherence…more

Compliance, HHS, HIPAA, HIPAA Omnibus Rule, Refill Reminders

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Henry Hildebrand

New Risks for Payday Lenders Under Dodd-Frank

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) imposes sweeping regulations on nearly all aspects of consumer lending. In addition to establishing these new rules, Dodd-Frank also created the Consumer…more

CFPB, Compliance, Creditors, Dodd-Frank, Payday Loans

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John Hinton

Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Kathryn Hinton

#WWJD? EEOC Provides Guidance on Religious Accommodation

Last week, the EEOC issued specific guidance for employers regarding religious accommodation under Title VII. Entitled "Religious Garb and Grooming in the Workplace: Rights and Responsibilities," the guidance focuses on the…more

Abercrombie & Fitch, EEOC, Religion, Religious Clothing, Religious Discrimination

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Montoya Ho-Sang

Fidelity Mortgage Consent Order Sends Strong Message the CFPB Will Enforce Laws, No Matter Size of Violator

On January 16, 2014, the CFPB issued a Consent Order resolving a claim that Fidelity Mortgage Corporation (Fidelity), a mortgage lender, and its president, Mark Figert, violated RESPA Section 8 by paying illegal kickbacks to a…more

CFPB, Consent Order, Enforcement Actions, Fidelity Bank, Mortgages

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David Holesinger

Playing Zone(-ing) Defense

ZONE(-ING) DEFENSE --- With March Madness in full swing, now is a great time to review how local zoning ordinances can turn a mortgage servicer’s foreclosure layup into a blocked shot. Many U.S. states rely on a judicial process…more

Foreclosure, Local Ordinance, Mortgages

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Dylan Howard

Foreclosure Notice Which States that Servicer has Authority to Amend or Modify the Loan May Not Satisfy Georgia Law

Eight months ago, we sent a client alert when the Georgia Supreme Court released its opinion responding to questions certified by the U.S. District Court for the Northern District of Georgia in You v. J.P. Morgan Chase Bank,…more

Banking Sector, Foreclosure, Mortgage Servicers

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Harriet Thomas Ivy

Builder Beware! Does Your Project Infringe Someone’s Copyright?

On Friday, November 8, 2013, the United States Circuit Court of Appeals for the Fifth Circuit, which comprises Texas, Louisiana, and Mississippi, affirmed a $3.2 million damages award for copyright infringement in favor of Kipp…more

Architects, Construction Disputes, Copyright, Copyright Infringement, Infringement

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Wilton Johnson

Mississippi Supreme Court Upholds the Net Operating Income Method for Determining True Value of Affordable Housing

In a much anticipated decision, on October 17, 2013, the Mississippi Supreme Court upheld the Income Approach to Valuation of Affordable Housing, which is a significant victory for affordable housing developers and the larger…more

Affordable Housing, Appraisal, Subsidies, Valuation

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Denise Killebrew

Alabama Legislative Update – Sine Die – The 2014 Legislative Session Ends

The Alabama Legislature adjourned sine die on Thursday, April 3, 2014 at 7:30 p.m. In previous years, sessions have ended just minutes before midnight on the 30th legislative day. This year was different. As soon as both…more

Ethics, Fraud, Legislative Agendas, Lobbying

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John Kinney

Bill Introduced to Curtail the Stark Law's In-Office Ancillary Services Exception

On August 1, Rep. Jackie Speier (D-CA) introduced H.R. 2914, the Promoting Integrity in Medicare Act. The legislation would provide that the Stark Law's in-office ancillary services (IOAS) exception is not available for…more

CMS, Healthcare, HHS, Medical Devices, Medical Expenses

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Linda Klein

Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Kenneth Klemm

New Developments Involving the Deepwater Horizon Incident

The U.S. Court of Appeals for the Fifth Circuit reversed course on August 29th and withdrew its earlier opinion in a dispute involving Transocean Deepwater Drilling, Inc., Ranger Insurance, Limited, and BP, P.L.C., among others,…more

BP, Deepwater Horizon, Gulf Oil Spill, Oil & Gas

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Andrew Kolb

Spotlight on Louisiana Tax Amnesty: Better to Ask for Forgiveness?

For a two-month period beginning on September 23, 2013 and ending on November 22, 2013, eligible Louisiana taxpayers may apply to wipe the slate clean with the Louisiana Department of Revenue (Department) by voluntarily paying…more

Department of Revenue, Income Taxes, Interest Rates, Tax Amnesty

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M. Levy Leatherman

No Refunds: Supreme Court Settles Circuit Split over Severance Payment Taxation

In its ruling on United States v. Quality Stores, Inc., No. 12-1408 (U.S. Mar. 25, 2014), the United States Supreme Court put to rest a decade-old battle over whether severance payments made to employees are taxable as wages…more

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Erno Lindner

Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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Catherine Crosby Long

New TILA Section Expands Disclosure Requirements

The Truth in Lending Act (TILA) is a consumer protection statute that imposes mandatory disclosure requirements on creditors who extend consumer credit to borrowers. Brodo v. Bankers Trust Co., 847 F. Supp. 353 (D. Penn E.D…more

Borrowers, Creditors, Disclosure Requirements, Mortgage Loan Servicing Standards, Regulation Z

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Timothy Lupinacci

Treasury Secretary Testifies about CMBS Markets and Dodd Frank

On May 21, 2013, Treasury Secretary Jack Lew in his role as Chairman of the Financial Stability Oversight Council ("FSOC") testified before the House Financial Services Committee. In its annual report, the FSOC stated that "the…more

Annual Reports, CMBS, Dodd-Frank, FSOC, U.S. Treasury

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Thomas Mahoney Jr.

Spotlight on Alabama: Retailers Will be Subject to Sales Tax Because of Deliveries into Local Jurisdictions

For many years, retailers subject to Alabama's sales tax have correctly avoided collecting sales taxes for those Alabama cities and counties where the retailer is not located but where the retailer nevertheless makes deliveries…more

Nexus, Retailers, Sales & Use Tax

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Taraneh Maloney

Recent, Significant Changes in Florida's Law of Foreclosure

On June 7, 2013, Florida Governor Rick Scott signed into law House Bill 87, now known as Chapter 2013-137, which provides for substantial changes in mortgage foreclosures filed in Florida…more

Consumer Bankruptcy, Foreclosure, Mortgages, New Legislation

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David Maron

Class Action Fairness Act (CAFA) is Challenged Before the U.S. Supreme Court

A significant protection afforded by the 2005 Class Action Fairness Act (CAFA) is being challenged before the U.S. Supreme Court in State of Mississippi ex rel Jim Hood, Attorney General v. AU Optronics Corp, et al., No…more

CAFA, Class Action, Federal Jurisdiction, SCOTUS

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Fielder Martin

Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Mark Mathews

AAPL To Release New Operating Agreement Form

The American Association of Professional Landmen (AAPL) anticipates the release of the newest Operating Agreement format specifically related to horizontal drilling. Beginning in 1956 the AAPL has promulgated a standard format…more

Oil & Gas, Operating Agreements

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Robert McDowell

Tennessee Proposes Fracturing Practices for Oil and Gas Wells

The Tennessee Department of Environment and Conservation's (TEDC) proposed rules regarding fracturing practices for oil and gas wells have received approval by the Joint Government Operation Committee in the Tennessee General…more

Fracking, Oil & Gas

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Bruce Anthony McMullen

Sparta to Memphis: Bruce McMullen Shares His Path to Success

Bruce McMullen is a shareholder in Baker Donelson's Memphis office and focuses his practice in health care law and commercial litigation. Over the years, Bruce has built a successful career, earning an AV® Preeminent™ Peer…more

Career Development

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Scott Michalove

Foreclosure Notice Which States that Servicer has Authority to Amend or Modify the Loan May Not Satisfy Georgia Law

Eight months ago, we sent a client alert when the Georgia Supreme Court released its opinion responding to questions certified by the U.S. District Court for the Northern District of Georgia in You v. J.P. Morgan Chase Bank,…more

Banking Sector, Foreclosure, Mortgage Servicers

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Jamie Morton

“Materially Less”: The Foreclosure Deficiency Standard in Tennessee

Like many other states, Tennessee allows a creditor who has conducted a foreclosure sale of real property secured by a deed of trust or mortgage to recover "a deficiency judgment in an amount sufficient to satisfy fully the…more

Debt, Deficiency Judgments, Foreclosure, Mortgages

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Dennis Nabors

Alabama Legislative Update – Sine Die – The 2014 Legislative Session Ends

The Alabama Legislature adjourned sine die on Thursday, April 3, 2014 at 7:30 p.m. In previous years, sessions have ended just minutes before midnight on the 30th legislative day. This year was different. As soon as both…more

Ethics, Fraud, Legislative Agendas, Lobbying

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Vincent Nelan

Long Term Care Construction Opportunities

Based on the long term care projects with which we have recently been involved, there appears to be great opportunity for growth in the construction of long term care facilities. This is attributed to the ever-growing aging…more

Construction Contracts, Long Term Care Facilities, Long-Term Care

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William N. Norton

Five Things to Consider When Expanding in a Global Market

More and more oil and gas companies, based in the United States or elsewhere, are considering a venture into foreign waters (or land). Following is a list of just a few issues that could impact expansion efforts. …more

Compliance, FCPA, Foreign Currency, Fraud, Oil & Gas

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Mary O'Kelley

Mitigating Successor Liability in Long Term Care Acquisitions

As in any business acquisition, purchasers in the long term care industry can encounter potential liability due to employment claims, seller violations of representations and warranties under the purchase agreement, tort…more

Long-Term Care, Succession Planning, Successor Liability

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William Osterbrock

Georgia Legislature Clarifies Service of Process Statute for Georgia Domestic and Foreign Corporations Doing Business in Georgia

On July 1, 2013, clarifying changes to Georgia’s Civil Practice Act went into effect regarding how a plaintiff can accomplish service of civil process against a Georgia corporation, as well as foreign corporations doing business…more

Foreign Corporations, New Legislation, Service of Process

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Erin Pelleteri

Employers of Home Care Workers to Begin Paying Overtime in January 2015

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as…more

Caregivers, Employee Rights, FLSA, Unpaid Overtime, Wage and Hour

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Kathlyn Perez

Employers of Home Care Workers to Begin Paying Overtime in January 2015

The United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act (FLSA) to home health care workers who provide care for the sick, disabled or elderly, otherwise known as…more

Caregivers, Employee Rights, FLSA, Unpaid Overtime, Wage and Hour

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Ceejaye Peters

U.S. Supreme Court Bartlett Decision in Favor of Generic Drug Manufacturers

In a 5-4 decision, the United States Supreme Court held that state law design defect claims against manufacturers of generic pharmaceuticals are preempted by federal law when the claim hinges on the adequacy of the drug's…more

Design Defects, Drug Manufacturers, Generic Drugs, Pharmaceutical, Preemption

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Marlena Pickering

Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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Staci Pierce

Bifurcated Note Implementation - Looking Beyond Traditional Risk Metrics to Prevent Borrower Windfall

In the world of large loan modifications, servicers and borrowers have turned frequently in recent years to the A/B Note structure in situations where the collateral financed by a loan is valued at less than the outstanding…more

Borrowers, Loan Modifications, Loans, Risk Management

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Andrea Bailey Powers

DOL Update on Qualifying Reasons for Leave Fact Sheet

On Friday, August 9, 2013, the Department of Labor (DOL) updated its Fact Sheet on Qualifying Reasons for Leave under the Family and Medical Leave Act (FMLA)…more

DOL, DOMA, FMLA, Marriage, Paid Leave

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Melanie Prince

A Not-So-Happy Valentine's Day for UAW and Its Continued Efforts to Feel the Love

On February 14, 2014, the results of a NLRB-conducted unionization vote by Volkswagen workers at the Chattanooga, Tennessee, plant were released. Plant workers voted 712-626 against representation by the United Auto Workers…more

Automotive Industry, NLRA, NLRB, Unions

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Stephen Pudner

Force Majeure Clauses: Protecting Against the Unforeseeable

Force majeure clauses are a very important, but often overlooked, provision in all contracts, and are particularly important in construction and supply contracts. Whether a force majeure clause is included in a contract, and the…more

Construction Contracts, Force Majeure Clause

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W. Edward Ramage

Supreme Court Strengthens Copyright First Sale Doctrine

The U.S. Supreme Court today issued its decision in Kirtsaeng v. John Wiley & Sons, Inc. In a 6-3 ruling, the Supreme Court held that the first sale doctrine, which protects the owner of a lawful copy of a copyrighted work,…more

Copyright, First Sale Doctrine, Imports, Infringement, Kirtsaeng v. John Wiley & Sons

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Ted Raynor

Is Your ADR Clause Enforceable?

A number of recent court decisions have addressed the enforceability of contract clauses that call for alternative dispute resolution procedures instead of traditional courtroom litigation. …more

American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Class Action

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Wesley Redmond

President Obama Signs Memorandum To Expand Overtime Protection

On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to create new regulations making more workers eligible for overtime pay under the Fair Labor Standards Act's (FLSA) overtime…more

Barack Obama, Employee Rights, Exempt-Employees, FLSA, Non-Exempt Employees

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Joshua Reif

Get Your Ducks in a Row: Thoughts on Foreclosure of Securitized Debt in Alabama

Alabama remains one of the simplest jurisdictions in the country for commercial foreclosure. Nevertheless, foreclosure in Alabama can quickly become expensive if a lender does not carefully follow the letter of the law and…more

Debt, Foreclosure, Securitization

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Betty Richmond

Oil and Gas Blog - Apparent Authority of a Landman, an Independent Contractor

In PanAmerican Operating, Inc. v. Maud Smith Estate, the Texas Court of Appeals for the Eight District addressed risks associated with working through independent landmen…more

Breach of Contract, Independent Contractors, Leases, Oil & Gas

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Kristine Roberts

The CFPB and House Republicans Remain at Odds Over Consumer Finance Regulation

On January 28, 2014, CFPB Director Richard Cordray appeared before the House Financial Services Committee to testify about his agency's fourth Semi-Annual Report. Cordray's written testimony and opening remarks at the hearing…more

CFPB, Consumer Financial Products, Richard Cordray

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Wendy Robertson

Q & A: ICANN's Global Trademark Clearinghouse

The Internet Corporation for Assigned Names and Numbers (ICANN), the body tasked with coordinating and preserving global Internet stability, is embarking on its largest expansion ever of the domain name system. Last week, on…more

Domain Names, gTLD, ICANN, Registration, Trademark Clearinghouse

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Alan Rumph

HHS: Providers May Be Able to Subsidize Premiums For Uninsured in Marketplace Plans

An announcement October 30 from Health and Human Services Secretary Kathleen Sebelius could remove the first hurdle for providers wishing to offer premium support for individuals eligible for health insurance on the Health…more

Affordable Care Act, Anti-Kickback Statute, Health Insurance, Health Insurance Exchanges, Healthcare

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Jon Seawright

Spotlight on Mississippi: Supreme Court Rules on Combined Group Member Tax Credits

The Mississippi Supreme Court has ruled against the Mississippi Department of Revenue (Department) in its appeal of a 2012 decision by the Harrison County Chancery Court in favor of Isle of Capri Casinos, Inc. (Isle of…more

Department of Revenue, State Taxes, Tax Credits

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D. Eric Setterlund

HHS's New Security Risk Tool for HIPAA Compliance

On March 28, 2014, the HHS Office of the National Coordinator for Health Information Technology (ONC), in conjunction with the HHS Office for Civil Rights (OCR), released a Security Risk Assessment tool (SRA tool) to assist…more

Compliance, Cybersecurity, Data Breach, Data Protection, HHS

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Ben Shapiro

Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Kavita Goswamy Shelat

Four Tips for Responding to a Civil Investigative Demand: A Report from the Trenches

Simply being served with a Civil Investigative Demand (CID) means enormous financial strain and reputational risk for some companies. On top of that, in this heightened regulatory environment, federal agencies seem to be trying…more

Attorney-Client Privilege, CID, Data Retention, Document Productions, Enforcement Actions

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Chris Sloan

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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Bradley Smith

Top 10 Recommendations to Avoid Litigation

Nursing homes and assisted living facilities have been targeted by plaintiff's attorneys who advertise heavily in an effort to solicit plaintiffs for malpractice suits…more

Medical Liability

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Karen Smith

New Texas Law Hopes to Eliminate the Barriers to Recycling Fracking Wastewater

Following a unanimous vote of approval in both the House and Senate and signature of Governor Rick Perry, House Bill 2767 will go into effect in Texas on September 1, 2013…more

Drilling Waste Disposal, Fracking, Oil & Gas, Wastewater

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Michael Smith

Lender Liability for Assessments in Florida

Foreclosing lenders in Florida frequently take title to properties that are subject to homeowners' and condominium association assessments. Just as frequently, the newly-titled lender is presented with a bill from the…more

Condominium Associations, Condominiums, Foreclosure, Homeowners' Association

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Scott Smith

Spotlight on Tennessee: Department of Revenue Addresses Manufacturer's Sourcing of Drop Shipment Receipts

For Tennessee excise and franchise tax purposes, a taxpayer that has business activities taxable both inside and outside this state must apportion its business net earnings and net worth using a three-factor apportionment…more

Business Taxes, Department of Revenue, Excise Tax, Franchise Taxes, Manufacturers

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Courtney Stahl

Employer Requiring Doctor's Note for Intermittent Leave Violated FMLA

The United States District Court for the District of Oregon recently held that an employer's requirement that employees on intermittent leave provide a doctor's note for each absence violated the Family and Medical Leave Act…more

FMLA, Medical Certification Requests, Trucking Industry

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Michael Starks

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on…more

Foreclosure, Liens, Local Ordinance, Mortgages, Municipalities

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Tracy Starr

CFPB Refines Mortgage Rules to Resolve Conflicts and Inconsistencies

On October 15, 2013, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule and bulletin refining and making technical changes to certain provisions of its January 2013 mortgage rules. The interim rule…more

CFPB, Conflict Resolution, Consumer Bankruptcy, FDCPA, Mortgages

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Justin Stephens

Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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Kevin Stine

CFPB's First Consent Order of 2014 Addresses RESPA Section 8(a) Kickback Scheme

The Consumer Financial Protection Bureau (CFPB) issued its first enforcement order of 2014 against a St. Louis mortgage lender, Fidelity Mortgage Corporation (FMC), and its president, Mark Figert. The January 16 consent order…more

CFPB, Consent Order, Kickbacks, Mortgages, Referral Fees

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Megan Sutton

Guns at Work in Tennessee, Part II: Clear as Mud?

The Tennessee legislature's enactment of Tennessee Code Annotated (TCA) 39-17-1313 (also known as the "Guns in the Trunk" legislation) has sparked wide debate among employers and employees alike regarding the interpretation of…more

Employer No-Weapons Policies, Firearms, Gun Laws

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Justin Tait

Volcker Rule Restricts Banks' Activities with Hedge Funds and Private Funds

On December 10, 2013, the Federal Reserve Board of Governors, the Federal Deposit Insurance Corporation, the Office of Comptroller of the Currency, the Securities and Exchange Commission and the Commodity Futures Trading…more

Banks, Dodd-Frank, Hedge Funds, Private Funds, Volcker Rule

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Jodi Taylor

OSHA Web-Based Resources Provide Updated Guidelines to Hazardous Materials Exposure; Compliance is Voluntary... For Now

The Occupational Safety and Health Act of 1970 requires that employers provide safe and healthful workplaces for their employees. Many of the standards relating to hazardous substances were issued that same year and are no…more

Compliance, Hazardous Substances, OSHA, Workplace Hazards

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Stacy Thomas

Spotlight on Mississippi: Supreme Court Rules on Combined Group Member Tax Credits

The Mississippi Supreme Court has ruled against the Mississippi Department of Revenue (Department) in its appeal of a 2012 decision by the Harrison County Chancery Court in favor of Isle of Capri Casinos, Inc. (Isle of…more

Department of Revenue, State Taxes, Tax Credits

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Ashley Thompson

Receiverships in Georgia

In addition to Georgia's relatively swift non-judicial foreclosure process, lenders with a defaulting borrower in Georgia have the option of seeking a receivership over property securing their loans. A court-appointed receiver…more

Receivership

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J. Carter Thompson

U.S. Supreme Court Bartlett Decision in Favor of Generic Drug Manufacturers

In a 5-4 decision, the United States Supreme Court held that state law design defect claims against manufacturers of generic pharmaceuticals are preempted by federal law when the claim hinges on the adequacy of the drug's…more

Design Defects, Drug Manufacturers, Generic Drugs, Pharmaceutical, Preemption

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Kelli Thompson

Multiple Dangers of Meth Labs in Hotels

A quick Internet search sheds a bright light on the dangers to hotels if guest rooms are used for methamphetamine, or "meth," production. There are dangers related to contamination and its impact on other guests, as well as…more

Contaminated Properties, Hotels, Meth Labs, Methamphetamine, Safety Precautions

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Robert Tom

Tennessee Court of Appeals Confirms Foreclosures Cannot Be the Basis for a TCPA Claim

On September 25, 2012, the Middle Section of the Tennessee Court of Appeals issued an opinion confirming that foreclosure proceedings cannot serve as the basis for a Tennessee Consumer Protection Act (TCPA) claim…more

Deed of Trust, Foreclosure, MERS, Mortgages, SunTrust

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Danielle Trostorff

Nursing Home Reporting of Reasonable Suspicion of a Crime in a Long Term Care Facility

Nursing facilities, skilled nursing facilities, hospices that provide services in long term care facilities and independent living facilities that provide services for the developmentally disabled ("facilities") are required to…more

Affordable Care Act, Elder Abuse, Elder Issues, Healthcare, Medical Liability

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Anne Ligman Turner

New Anti-Corruption Law to Take Effect in Brazil

With the continued ongoing work to exploit the discoveries in the Lula (Tupi) field and the recently announced 2013 subsalt strike in the Campos and Santos basins off Brazil's southern coast, oil and gas exploration and…more

Anti-Bribery, Anti-Corruption, Brazil, Clean Companies Act, Compliance

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Nicholas Vescovo

Challenging the Denial of a Trademark Application in District Court Just Got More Expensive

In Shammas v. Focarino, the Eastern District of Virginia holds that an applicant must pay the government attorney's fees regardless of the applicant's success in a Section 1071(b) civil matter. …more

Applications, Attorney's Fees, Litigation Fees & Costs, Trademark Litigation, Trademark Trial and Appeal Board

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Melanie Walker

Immigration Corner: H-1B CAP Reached!

The H-1B CAP season has come to a close and both employers and employees now anxiously await confirmation that their filings have been accepted for processing. The statutory cap of 65,000, as well as the 20,000 cap under the…more

E-3, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Investors

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Sarah-Nell Walsh

Florida to Government: Your Lien Doesn't Foreclose This Old Mortgage

The Florida Supreme Court has ruled that cities cannot create ordinances that subject prior recorded mortgages to their subsequently recorded county or governmental liens, because it conflicts with Florida's state statutes on…more

Foreclosure, Liens, Local Ordinance, Mortgages, Municipalities

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Tyler Weidlich

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing corporations…more

Alien Tort Statute, Extraterritoriality Rules, Human Rights, Jurisdiction, SCOTUS

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Heidi Weinzetl

Florida Residential Foreclosure Trials: Use of Subpoenas

In Florida, nearly every circuit court now favors the use of bench trials as a means to process a high volume of residential foreclosures Courts preside over blocks of uncontested trials, processing a high volume of…more

Foreclosure, Subpoenas

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Philip Whitaker

Proper Use of Letters of Intent

The parties to purchase or lease transactions involving long term care facilities frequently sign letters of intent as a preliminary step in completing the transaction. Drafted carefully, letters of intent enhance the…more

Confidentiality, Leases, Letters of Intent, Long Term Care Facilities, Negotiations

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Matthew White

SEC Issues Guidance on its 2014 Examination Priorities

Each year, the SEC Office of Compliance Inspections and Examination's National Exam Program (NEP) issues a letter communicating to investors and registrants the areas that the staff perceives to present heightened risks. This…more

Compliance, Enforcement Actions, Fraud, NEP, SEC

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Shannon Wiley

HHS Issues Guidance on Permitted Remuneration for Prescription Refill Reminders in the Absence of Patient Authorization

On September 19, the Health and Human Services Department (HHS) issued guidance on the effect of the January 25, 2013 Final Rule provision about remuneration related to prescription refill reminders and medication adherence…more

Compliance, HHS, HIPAA, HIPAA Omnibus Rule, Refill Reminders

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Robert Wollfarth

Spotlight on Louisiana: Low Tax Cost Ranks Louisiana in Top Ten for Business

A 2012 report by KPMG and the Tax Foundation called "Location Matters: a Comparative Analysis of State Tax Costs on Business" shows Louisiana as having the tenth- lowest overall state and local tax cost for "mature businesses"…more

Business Taxes, Local Taxes, State Taxes

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Maia Woodhouse

Q & A: ICANN's Global Trademark Clearinghouse

The Internet Corporation for Assigned Names and Numbers (ICANN), the body tasked with coordinating and preserving global Internet stability, is embarking on its largest expansion ever of the domain name system. Last week, on…more

Domain Names, gTLD, ICANN, Registration, Trademark Clearinghouse

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Mary Wu

Rise in misclassification suits and DOL audits quite a fright: what an employer can do to prepare

Few things are more frightening to an employer than a worker misclassification suit. Perhaps a Department of Labor audit over wage and hour issues may be just as scary. One thing is for sure: disagreements about how workers are…more

Audits, Discrimination, DOL, Enforcement Actions, Misclassification

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Dawei Zhang

Sound, Speed, and Distance - The Second Circuit Allows Use of SVDR Data as Evidence in Maritime Casualty

In a Summary Order dated March 13, 2014, the United States Court of Appeals for Second Circuit affirmed a summary judgment of the Southern District of New York, which ruled in favor of a vessel owner based on data of the ship's…more

Data Recovery, Evidence, Telecommunications, Vessels

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Adam Zuckerman

Judicial Ascertainment Clause in Mineral Lease Upheld

The Second Circuit Court of Appeal has upheld a "judicial ascertainment" clause in a 1971 mineral lease, B.A. Kelly Land Co., LLC v. Questar Exploration & Prod. Co., 2012 WL 5503665 (Nov. 14, 2012)…more

Breach of Contract, Judicial Ascertainment Clause, Lessee, Mineral Leases

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