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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	See All Updates »
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 Ed Day recently resigned and has been replaced by G…more Carbon Capture and Sequestration, CEOs, Coal, Coal-Gasification, Greenhouse Gas Emissions	See All Updates »
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	See All Updates »
Lisa Borden	"Pro Bono" and "Marketing" - Yes, You Can Use Them Together In A Sentence Earlier this week, I participated in a panel presentation for the Legal Marketing Association. Topic - Marketing Your Law Firm's Pro Bono Program. Contrary to what might seem the natural and immediate reaction, marketing pro…more Marketing, Pro Bono, Websites	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
Ivy Cadle	Lender-Involved Condemnation Part 1: Principles of Condemnation This is the first installment in a series of articles related to lender-involved condemnation. This article provides an introduction to the principles of eminent domain and condemnation in a question and answer format. The…more Attorney's Fees, Borrowers, Condemnation, Creditors, Eminent Domain	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
Stephen Chiccarelli	Louisiana Receivers in Foreclosure: Application of Payments to Costs and Expenses In line with our prior posts on Louisiana Keepers, the following is a sample of a typical issue that can arise in the Keeper context regarding the payment of costs and expenses associated with a loan. Question: Our…more Foreclosure, Loans	See All Updates »
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	See All Updates »
Joann Coston-Holloway	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	See All Updates »
Terrence Davis	SEC Office of Compliance Inspections and Examinations Issues 2013 Exam Priorities On February 23, 2013, through the National Exam Program (NEP), the staff of the Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission (SEC) published the program's examination…more Broker-Dealer, Corporate Governance, Fraud, Investment Adviser, JOBS Act	See All Updates »
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	See All Updates »
Robert Divine	No Amnesty Yet: Stop Notario Fraud Foreign nationals who are out of status, and people who know them, are hopeful for a legal solution and can fall prey to people who will tell them what they want to hear. Immigration reform is being negotiated seriously in the…more Foreign Nationals, Fraud, Immigration Reform, Notarios	See All Updates »
Doreen Edelman	New Export Compliance Interactive On-Line Tools — From BIS Including New Specially Designed Language In conjunction with the Government’s ongoing Export Control Reform Initiative, the Bureau of Industry and Security (“BIS”) in the Department of Commerce is introducing some useful web-based tools for exporters. Three new…more BIS, Exports, U.S. Commerce Department	See All Updates »
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	See All Updates »
Mark Fulks	An Overview of Trustee's Sales in the Commonwealth of Virginia Lenders most often choose to proceed with the trustee's sale pursuant to the deed of trust because a trustee's sale is faster and cheaper than proceeding with a judicial sale, and it has advantages over accepting a deed in lieu…more Deed of Trust, Deed-in-Lieu of Foreclosure, Lenders, Trustee Sales, Trustees	See All Updates »
Jonathan Green	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	See All Updates »
Carla Gunnin	New OSHA Focus on Temporary Workers Does your company use temporary workers? OSHA has issued a new memorandum regarding the use of temporary workers. In this memorandum, OSHA has stated that it will be reviewing the use of temporary workers during…more Inspections, OSHA, Safety Training, Temporary Employees	See All Updates »
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	See All Updates »
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	See All Updates »
Dylan Howard	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	See All Updates »
Denise Killebrew	Alabama Legislative Update – Week 13: Budgets Approved, Medicaid and Tax Bills Sent to Governor Bentley With the constitutional deadline of midnight on the 30th day closing in, Alabama lawmakers worked at a feverish pace to complete work on some of the most substantial and controversial legislation in the 2013 session…more Campaign Contributions, Gun Laws, Home Brewing, Medicaid, New Legislation	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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 Diversity	See All Updates »
Scott Michalove	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	See All Updates »
Dennis Nabors	Alabama Legislative Update – Week 13: Budgets Approved, Medicaid and Tax Bills Sent to Governor Bentley With the constitutional deadline of midnight on the 30th day closing in, Alabama lawmakers worked at a feverish pace to complete work on some of the most substantial and controversial legislation in the 2013 session…more Campaign Contributions, Gun Laws, Home Brewing, Medicaid, New Legislation	See All Updates »
Vincent Nelan	Private Judges: An Alternative Version of Alternative Dispute Resolution Some states have enacted legislation to allow parties to present their civil cases to a private judge to resolve disputes that would normally be heard in a traditional court. In some instances, the parties are able to select the…more Private Judges	See All Updates »
Staci Pierce	Lockboxes - Tips from the Trenches Lockboxes and Cash Management Agreements are being required with increasing frequency in loan originations and workout deals. When carefully planned, lockbox implementation can be seamless. When enforced as an afterthought,…more Cash Management Agreements, Loans, Lockbox Agreements, Mortgage Loan Originators	See All Updates »
Stephen Pudner	Changes in Alabama’s Retainage Laws The Alabama Code was recently amended in a number of important ways affecting the retainage that may be withheld on private construction projects in Alabama. These changes took effect on September 1, 2011, and only contracts…more Contractors, Retainage, Subcontractors	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
Ben Shapiro	Georgia's Illegal Immigration and Enforcement Act On July 1, 2013, all employers with more than ten employees will be required participate in the U.S. Department of Homeland Security's E-Verify system in order to obtain a business license as part of the Illegal Immigration and…more Compliance, DHS, E-Verify, Employer Liability Issues	See All Updates »
Scott Smith	When You Check Out, Don't Forget the Shampoo: Hotel Consumables Qualify for the Texas Resale Exemption from Sales Tax Hotels stock rooms with soaps, shampoos, conditioners, mouthwashes, shower caps, pens, notepads and similar non-reusable consumable items (hotel consumables) for the use of hotel guests. Guests are free to use the items, not…more Hotels, Personal Care Products, Resale Exemption, Sales & Use Tax, Tax Exemptions	See All Updates »
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	See All Updates »
Justin Stephens	Louisiana Receivers In Foreclosure - "Keep-er Away From My Collateral!!" Part II In my prior post, I discussed (1) what a keeper is and (2) why you should designate a Keeper. This post examines (3) the benefits of a Keeper and (4) some risks relating to a Keeper…more Collateral, Foreclosure, Keepers	See All Updates »
Ashley Thompson	Before You Foreclose: Planning for Confirmation in Georgia Your borrower defaulted on a debt secured by real property in Georgia, and you are ready to take action. Is immediate foreclosure the best option?…more Debt Collection, Deficiency Judgments, Foreclosure, Mortgages	See All Updates »
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	See All Updates »
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	See All Updates »
Danielle Trostorff	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	See All Updates »
Anne Ligman Turner	Contracting Issue: Ownership of IP Created During Performance of Services Contracts for proprietary seismic data acquisition for oil and gas exploration frequently include a clause providing that all intellectual property developed during the seismic contractor's performance of acquisition services…more Data Collection, Oil & Gas, Seismic Data	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »
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	See All Updates »

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