Bradley Arant Boult Cummings LLP

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One Federal Place
1819 Fifth Avenue North
Birmingham, Alabama 35203, United States
Phone: 205.521.8000
Fax: 205.521.8800
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Mississippi
  • North Carolina
  • Tennessee
  • Texas
Number of Attorneys
600+ Attorneys

The Changing Landscape of Florida Civil Litigation

Successfully navigating the Florida state court litigation system has become easier and less costly based on recent procedural and logistical developments. With more changes on the horizon, staying current on these developments…more

Coronavirus/COVID-19, Federal Rules of Civil Procedure, Florida, State and Local Government, State Courts

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Complying With the FTC's Amended Safeguards Rule

Cybersecurity is a looming threat for most businesses. The impact of a major cyber event can resonate for weeks, months, and even years after the initial attack. To mitigate the risks to consumers, there have been several…more

Amended Rules, Compliance, Cybersecurity, Data Disposal Protocols, Data Retention

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Obtaining a License to Transport Medical Cannabis in Alabama

Alabama became the 36th state to allow cannabis for medical use when Gov. Kay Ivey signed into law the Darren Wesley ‘Ato’ Hall Compassion Act on May 17, 2021. The act establishes a process through which applicants will compete…more

Alabama, Cannabis Products, Legalization, Legislative Agendas, Licenses

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Proposed Tax Regulations Eliminate Possibility of Clawback of Lifetime Gifts for Estate Tax Purposes

As previously posted, the Tax Cuts and Jobs Act signed into law in December 2017 (the “2017 Act”) made significant changes to the federal wealth transfer system with respect to gift and estate tax transfers during the calendar…more

Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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DOJ Evaluation of Corporate Compliance Programs - Government Enforcement Update

On April 30, 2019, the Department of Justice (DOJ), Criminal Division released a new guidance document intended to assist prosecutors in evaluating corporat­­­e compliance programs and guide corporations in creating them. The…more

Best Practices, Chief Compliance Officers, Compliance, Corporate Counsel, Corporate Culture

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Ginnie Mae Announces PTAP Assistance for Issuers

In an All Participants Memo dated April 10, 2020 (APM 20-03), Ginnie Mae announced that it revised and expanded its issuer assistance programs in Chapter 34 of the Mortgage Backed Securities Guide (MBS Guide) to include a…more

Bondholders, Contract Terms, Coronavirus/COVID-19, Ginnie Mae, Mortgage Lenders

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State and Federal Regulators Open Probe into 403(b) Plans for Teachers

In what appears to be a growing trend, state and federal regulators are launching investigations into the sales practices and administration of 403(b) retirement plans for school districts. Two weeks ago, on January 10, 2020,…more

403(b) Plans, Benefit Plan Sponsors, Broker-Dealer, Deferred Compensation, Educational Institutions

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Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 Bank Enterprise Award Program

FDIC-insured depository institutions seeking CRA credit opportunities may be eligible to apply for funding to further impact the distressed communities they serve. On March 31, 2023, the Department of Treasury’s Community…more

Affordable Housing, BEA, CDFI Fund, Community Banks, FDIC

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This Ain’t My Home, Now Pay Up: 11th Circuit Reverses on FLSA’s Live-In Service Worker Exemption

Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th Circuit…more

Department of Labor (DOL), Domestic Workers, Employer Liability Issues, Employment Litigation, Exemptions

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Louisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA

A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for an oil and gas project being performed by defendants in Saudi Arabia. The…more

Arbitration, Commercial Arbitration, Contract Disputes, DIFC, Dispute Resolution

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How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration…more

AL Supreme Court, Appeals, Arbitration, Arbitration Awards, Arbitrators

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What’s Love Got to Do With It – Why Negotiating a Buy-Sell Agreement Is a Good Idea Even Among Family Business Owners

Family members who enter into a private business together are taking on double risk. They face the same types of challenges that all owners and investors face in operating/investing in a business, but they are also exposed to…more

Business Divorce, Business Plans, Buy-Sell Agreements, Family Businesses, Investors

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Menendez Bribery Trial Offers Chance to Revisit ‘Dual Intent’

New Jersey Sen. Robert Menendez (D), his wife, Nadine, and two businessmen are scheduled to face trial on bribery charges on May 6. They’ll become the latest example where the dual intent, or mixed motive, concept turns the…more

Bribery, Criminal Prosecution, Enforcement, Enforcement Actions, Indictments

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A Closer Look at the CFPB’s “Enhanced” Supervisory Appeals Process

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) announced what it heralded as a significant update to its Supervisory Appeals Process. The first of its kind since 2015, this revision introduced a seemingly…more

Appeals, Compliance, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Services Industry

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Fly High (and Out of the EEOC’s Eye) by Updating Your Policies on Pregnancy Accommodation and Lactation

Everyone has been preparing for the recently enacted Pregnant Workers Fairness Act and the PUMP Act. Earlier this month the EEOC gave us another reason to make sure our policies are up to snuff. Frontier Airlines and the EEOC…more

Breastfeeding, Employee Rights, Employees, Employer Liability Issues, Employment Litigation

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Who Do We Think We Are? Lawyers as Stewards of a Noble Profession

Introduction: Lawyers as Stewards of a Noble Profession - In the final scenes of the movie “A Few Good Men” – one of the great classics of legal cinema – under dramatic, but extremely risky cross-examination by Lt. Daniel…more

Business Development, Due Process, Law Firm Associates, Law Firm Partners

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Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors so…more

Appeals, Artificial Intelligence, Authorship, Copyright, Employees

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Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

As discussed in prior posts and articles (here, here and here), in 2019 Congress passed the Small Business Reorganization Act creating new Subchapter V of Chapter 11 of the Bankruptcy Code. The purpose of Subchapter V was to…more

Bankruptcy Code, Chapter 11, Exceptions, Small Business, Small Business Reorganization Act of 2019 (SBRA)

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A New Day for Arbitration in Mississippi?

The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is more…more

Arbitration, Arbitration Agreements, Case Management, Discovery, Dispute Resolution

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Federalizing Fla.'s State Court Swamp—Big Changes Are Coming to State's Civil Litigation

Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and…more

Discovery, Federal Rules of Civil Procedure, FL Supreme Court, Florida, Litigation Strategies

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Don’t Tell Me This Town Ain’t Got No Heart: Mississippi’s Attorney General Opines on a City’s Ability to Regulate Medical Cannabis Businesses

What promises to be the first of a litany of legal interpretations of the new Mississippi Medical Cannabis Act (MMCA), Attorney General Lynn Fitch released an official attorney general’s opinion on April 15, 2022, regarding the…more

Amended Regulation, Business Operations, Cannabis Act, Cannabis-Related Businesses (CRBs), Dispensaries

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ESOP Q&A: What Is a Distribution Policy?

A distribution policy is a helpful tool for ESOP companies to comply with distribution requirements while retaining maximum flexibility. In a prior article, we reviewed the rules governing ESOP distributions. In this article, we…more

Distribution Rules, Employee Benefits, Employee Stock Purchase Plans, ESOP, Regulatory Requirements

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Four New Year’s Resolutions for Employers

New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions for…more

Artificial Intelligence, Employee Training, Employees, Employer Liability Issues, Employment Litigation

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Ga. Banking Brief: All The Notable Legal Updates In Q4

In the fourth quarter of 2023, Sen. Raphael Warnock, D-Ga., made industry news, important banking and financial rule changes were implemented, and Georgia's Department of Banking and Finance quietly issued important new…more

Banking Sector, Capital Requirements, Financial Institutions, Financial Regulatory Reform, Georgia

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Uncertainties Surround Rising Agricultural Debt and Default Rates in the U.S.

The United States and China reached the first phase of a trade deal on October 11th, postponing the next round of tariffs that President Trump planned to impose on Chinese goods the following week. Under the trade deal, which is…more

Agricultural Sector, Banking Sector, China, Commercial Loans, Community Banks

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Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced

Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary state…more

Arbitration Agreements, Construction Contracts, Construction Industry, Federal Arbitration Act, General Contractors

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Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final…more

Biden Administration, Buy American Act, Department of Defense (DOD), DFARS, Executive Orders

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Abandoned and Orphaned Wells: How to Reduce Risks and Minimize Environmental Impacts

For more than 100 years, companies and private landowners in the United States have drilled tens of millions of wells to extract oil and gas. When oil and gas wells reach the end of their productive lifespans, the owners and…more

Energy Sector, Environmental Policies, Infrastructure Investment and Jobs Act (IIJA), Oil & Gas, Orphan Wells

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Alabama Bankruptcy Court Substantially Reduces Award of Attorney’s Fees

In practice, it is not uncommon for bankruptcy debtors to file suit against creditors or debt collectors for stay and discharge injunction violations. Often, they will do so before making any meaningful attempt to communicate…more

Adversary Proceedings, Attorney's Fees, Bankruptcy Court, Chapter 13, Creditors

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Bradley Helps Hyundai Motor Company Secure Reversal of $2.2 Million Jury Verdict in Mississippi Rollover Case

On Thursday, September 16, the Mississippi Supreme Court reversed a $2.2 million jury verdict against Hyundai Motor Company and rendered a judgment for Hyundai, after finding that a significant number of jurors had been…more

Appeals, Compromise & Release, Daubert Standards, Jury Verdicts, MS Supreme Court

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Information Blocking Rule Compliance Date Extended Due to Pandemic

The U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) released an interim final rule on October 29, 2020, delaying the implementation of the information…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Compliance, Coronavirus/COVID-19

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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CFPB Provides New Guidance on Discrimination in Algorithmic Credit Decisions

As we have repeatedly discussed this year in our Financial Services Perspectives blog, the current leadership of the CFPB has placed a significant emphasis upon fair lending. Seemingly once a month, or even more frequently at…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ECOA, Fair Lending, Financial Institutions

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California Supreme Court Recognizes “Innovator Liability”

Last week, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of “innovator liability,” unanimously holding that brand-name prescription drug…more

CA Supreme Court, Generic Drugs, Innovator Liability, Life Sciences, Novartis

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Q&A with the Mississippi Securities Division: From Ponzi Schemes to Cryptocurrency

State securities regulators saw a busy 2021, and 2022 looks to continue in much the same fashion. Some of the more active topics for regulators have included protecting senior investors, stopping fraudulent investment schemes…more

Broker-Dealer, Cryptocurrency, Due Diligence, Investigations, Ponzi Scheme

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Special Session Ends with Handful of Noteworthy Tax Bills, Predictions for Next Special Session

The first Special Session of 2015 ended on Tuesday, August 11, without accomplishing the primary objective of passing a General Fund budget for the 2015-2016 fiscal year. The Governor’s “call” for the special session included…more

Business Taxes, Legislative Agendas, Legislative Process, Reciprocity Rules, Repeal

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Fifth Circuit Upholds Marijuana User’s Second Amendment Rights – Will the Eleventh Circuit Do the Same?

A question frequently encountered in the cannabis industry involves a cannabis user’s gun rights. This stems from the ever-present federal and state law tension overlaying marijuana in the United States — thanks to the Schedule…more

Cannabis Products, Controlled Substances, Controlled Substances Act, Firearms, Legislative Agendas

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Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on…more

Appeals, Armed Services Board of Contract Appeals, Breach of Contract, Coronavirus/COVID-19, Federal Contractors

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Contract Language Matters, Even to Uncle Sam - Construction and Procurement Law News, Q1 2021

No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not much…more

Ambiguous, Appeals, Bid Solicitation, Clean Water Act, Construction Contracts

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Can There Be Implicit Waiver of Attorney-Client Privilege in Insurance Bad Faith Actions? South Carolina Supreme Court Answers That Question

In June, the South Carolina Supreme Court addressed waiver of the attorney-client privilege in bad faith refusal to provide coverage cases and found that, under South Carolina law, an insurer that asserts its subjective…more

Attorney Malpractice, Attorney-Client Privilege, Bad Faith, Commercial General Liability Policies, In Camera Review

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The EEOC’s Plan to Root Out Pregnancy Discrimination in the Workplace   

Remember last year when we repeatedly posted about the Pregnant Worker Fairness Act (PWFA) and the PUMP Act telling you that the EEOC was going to have pregnancy discrimination on its radar? Recent activity from the EEOC…more

Discrimination, Employees, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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California Supreme Court Recognizes “Innovator Liability”

Last week, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of “innovator liability,” unanimously holding that brand-name prescription drug…more

CA Supreme Court, Generic Drugs, Innovator Liability, Life Sciences, Novartis

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Don’t Mess with Texas or Its Cybersecurity and Data Privacy Laws

In recent years, the Lone Star State has been vigilant in enacting cybersecurity and data privacy laws to protect individuals and businesses from the disastrous effects of a data breach. Here is a timeline of previous…more

Cybersecurity, Data Privacy, Data Protection, Data Protection Acts, Data Security

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Chambers Global Practice Guides: Alternative Energy and Power 2023

Inflation Reduction Act - Perhaps the most significant recent develop- ment in the area of alternative energy, the Infla- tion Reduction Act of 2022 (IRA) offers approxi- mately USD270 billion in tax incentives to help combat…more

CFIUS, Critical Infrastructure Sectors, Cybersecurity, Emerging Technologies, Energy Projects

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Don’t Let A Natural Disaster Cause Financial Disaster

In light of the potential for future national disasters such as Hurricane Harvey and all the damage that they can cause, the Consumer Financial Protection Bureau (CFPB) has provided advice on measures to take to secure your…more

Consumer Financial Protection Bureau (CFPB), FEMA, Hurricane Harvey, Hurricane Season, Mortgage Lenders

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Delta-Nope: Florida Poised to Ban Delta-8 and Delta-10 Products

Earlier this week, the Florida legislature passed a bill (SB 1698) that will limit the amount of THC in hemp-derived products and threatens to upend the novel cannabinoid industry in the state. For the past few years, Florida…more

Agricultural Sector, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana

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What are the prudential regulators saying about fintech partnerships?

What is changing with how prudential regulators view fintech partnerships? How is this affecting financial institutions TPRM programs? Originally published in CeFPro - June 8, 2023…more

BSA/AML, Compliance, Cyber Threats, Data Privacy, Financial Institutions

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Buying Distressed Operations in the Skilled Nursing Facility Space

The “Nursing Home Covid-19 Data Dashboard” maintained by the Centers for Disease Control and Prevention (CDC) shows that COVID-19 had an unusually intense impact on the long term care community. Cases among nursing home…more

Buyers, Buying a Business, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Distressed Properties

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FTC Suing to Block Albertsons/Kroger Merger

The Federal Trade Commission (FTC) is suing to block the proposed $24.6 billion merger between supermarket giants Kroger and ACI, the parent company of Albertsons and Safeway, among other brands. The FTC has initiated two…more

Antitrust Division, Blocked Mergers, Class Action, Competition, Enforcement Actions

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Federal District Court Applies Expansive Definition of “Referral” to Find Liability under the Anti-Kickback Statute

Despite its central importance to the application of the federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b) (AKS), the term “refer” is not defined by statute or regulation, and it has seldom been interpreted by the courts or…more

Anti-Kickback Statute, Appeals, Code of Federal Regulations (CFR), Liability, Remand

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Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages - Construction and Procurement Law News, Q3 2021

In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the…more

Bad Faith, Builders Risk Insurance, Commercial Insurance Policies, Construction Contracts, Construction Disputes

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What You Need to Know About EPA Enforcement During COVID-19

The United States Environmental Protection Agency (EPA) has issued three guidance documents to address changes in enforcement of environmental laws and regulations due to the COVID-19 pandemic. We reviewed these policies to…more

CERCLA, Compliance, Coronavirus/COVID-19, Enforcement Guidance, Environmental Protection Agency (EPA)

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Alabama CON Report - February 2024

I. Certificate of Need Program - A. Project Modification Request - AL2022-009, East Alabama Health Care Authority d/b/a East Alabama Medical Center (EAMC), Lee County, AL: The project modification request involves a change…more

Acute Facilities, Alabama, Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need

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Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024

The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in…more

Cybersecurity, Data Breach, Data Security, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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CFPB Analyzes the Financial Health of Rural Borrowers in the South

On June 21, 2023, the CFPB released two Data Spotlight reports focused on the Southern states, entitled “Banking and Credit Access in the Southern Region of the U.S.” and “Consumer Finances in Rural Areas of the Southern…more

Borrowers, Consumer Financial Protection Bureau (CFPB), Poverty

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COBRA and DCAP Provisions of the American Rescue Plan Act of 2021

The American Rescue Plan Act of 2021 (ARPA) was signed into law March 11, 2021. Particularly relevant to employers are its provisions regarding premium subsidies and additional enrollment rights for certain individuals in…more

American Rescue Plan Act of 2021, COBRA, Department of Labor (DOL), Dependent Care Assistance Program (DCAP), Employee Benefits

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First Round of Opportunity Zone Guidance Proposed by Treasury Department - Economic Development News

The Tax Cuts and Jobs Act created the Opportunity Zone program, which was designed to encourage investment in economically distressed communities by allowing taxpayers to defer and potentially exclude certain portions of their…more

Capital Gains, Economic Development, Income Taxes, Investors, IRS

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Legalizing LSD? FDA Says Mm-hmm to MM120

If you know either of us, you know neither of us would pass up a chance to say, “I told you so.” As we looked ahead to 2024 in January, we speculated that psychedelics could be legalized as a prescription medicine. Now, not even…more

Controlled Substances, Food and Drug Administration (FDA), Legalization, Legislative Agendas, New Legislation

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CMS Finalizes Redesign of Medicare Shared Savings Program - Healthcare Alert

On December 31, 2018, the Centers for Medicare and Medicaid Services (CMS) published a Final Rule that redesigns the Medicare Shared Savings Program (MSSP). The rule implementing this redesign, titled “Pathways to Success,”…more

ACOs, Applications, Benchmarking, CEHRT, Centers for Medicare & Medicaid Services (CMS)

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What are the prudential regulators saying about fintech partnerships?

What is changing with how prudential regulators view fintech partnerships? How is this affecting financial institutions TPRM programs? Originally published in CeFPro - June 8, 2023…more

BSA/AML, Compliance, Cyber Threats, Data Privacy, Financial Institutions

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GSEs Prepare for Losing LIBOR

With new guidance and model documents issued by Fannie Mae and Freddie Mac, the mortgage industry is several steps closer to operating without LIBOR. The industry has been grappling with the eventual demise of LIBOR since…more

Adjustable-Rate Mortgage, Alternative Reference Rates Committee (ARRC), Banking Sector, Fannie Mae, Freddie Mac

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Negotiating solar contracts in uncertain times

As we begin 2022, the renewable energy industry in the United States has much for which to be thankful: A strong demand for clean power, increasing recognition of the need for an accelerated energy transition, and a thriving,…more

Clean Energy, Energy Projects, Energy Sector, Regulatory Requirements, Renewable Energy

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Baldwin County Circuit Court Dismisses ADOR’s Appeal in Moody

Two weeks ago, the Baldwin County Circuit Court entered an order dismissing the Alabama Department of Revenue’s (ADOR) appeal from the February 2017 decision by the Alabama Tax Tribunal in Moody v. Alabama Department of Revenue,…more

Department of Revenue, Income Taxes, Overpayment, State and Local Government, State Tax Tribunals

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HHS Develops Strategy to Improve Security in the Healthcare Sector

The Department of Health & Human Services (HHS) released a concept paper outlining its strategy for improving cybersecurity infrastructure within the healthcare sector. The paper calls for proposing healthcare-specific…more

Cybersecurity, Data Protection, Data Security, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA)

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Deadline Extensions Possible for Expanded Retail Accountability Program

The rollout of the newly expanded Tennessee Retail Accountability Program is meeting with some opposition as the first reporting deadline under the 2015 changes in the program approaches. In response to these concerns, the…more

Automotive Industry, Deadlines, Department of Revenue, Food Manufacturers, Recordkeeping Requirements

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First Federal Legislation Proposed Relating to Protection of Biometrics

Amidst privacy concerns and booming technological innovation, Sens. Roy Blunt (R-Mo.) and Brian Schatz (D-Hawaii) have introduced a bill proposed as the “Commercial Facial Recognition Privacy Act of 2019” (CFRPA) targeting…more

Biometric Information, Data Collection, Data Privacy, Employment Policies, Facial Recognition Technology

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Alabama Supreme Court Narrows Grounds to Challenge Mortgage Foreclosure Sales

The Alabama Supreme Court recently issued a major published decision on circumstances in which a residential borrower can challenge a mortgage foreclosure sale. In Littlefield v. Smith, the court elevated the bona fide purchaser…more

AL Supreme Court, Foreclosure, Lenders, Mortgage Servicers, Mortgages

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Alabama CON Report - February 2024

I. Certificate of Need Program - A. Project Modification Request - AL2022-009, East Alabama Health Care Authority d/b/a East Alabama Medical Center (EAMC), Lee County, AL: The project modification request involves a change…more

Acute Facilities, Alabama, Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need

See all updates »

Liquidated Damages Clauses in Commercial Real Estate Contracts in Mississippi

Mississippi courts generally have found liquidated damages provisions in contracts for the sale and purchase of commercial real estate to be enforceable. The law in this area, however, is muddied by two factors. First, the…more

Breach of Contract, Commercial Contracts, Commercial Real Estate Market, Liquidated Damages, Purchase and Sale Agreements

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Abandoned and Orphaned Wells: How to Reduce Risks and Minimize Environmental Impacts

For more than 100 years, companies and private landowners in the United States have drilled tens of millions of wells to extract oil and gas. When oil and gas wells reach the end of their productive lifespans, the owners and…more

Energy Sector, Environmental Policies, Infrastructure Investment and Jobs Act (IIJA), Oil & Gas, Orphan Wells

See all updates »

A “Spirited” Supreme Court Decision on Liquor Laws Opens the Door for Alcohol Retailers to Expand Business across State Lines - Food, Beverage and Hospitality Alert

On June 26, 2019, the Supreme Court gave persons and companies wishing to open retail liquor stores a reason to raise a glass. By a vote of 7-2 in Tennessee Wine and Spirits Retailers Association v. Thomas, the court struck down…more

Alcohol Beverage Control, Anti-Competitive, Commerce Clause, Legitimate State Interest, Liquor Control Boards

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Willful Misconduct Defined, How Broad Is That Exception to Your MSA?

In Texas, most Master Service Agreements related to the oil and gas industry provide indemnities based on who or what was injured rather than who caused the injury. For example, the standard knock-for-knock indemnity will…more

Appeals, Construction Industry, Contract Terms, Exceptions, Indemnity Agreements

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Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for…more

Armed Services Board of Contract Appeals, Construction Contracts, Construction Industry, Construction Project, Federal Acquisition Regulations (FAR)

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Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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FHFA Proposes Rule on Fannie Mae’s & Freddie Mac’s Duty to Serve Underserved Markets

Pursuant to the Housing and Economic Recovery Act of 2008, which amended the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, federal law requires the Federal National Mortgage Association (Fannie Mae) and…more

Affordable Housing, Fannie Mae, FHFA, Freddie Mac, Proposed Regulation

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New Form I-9 Now Mandatory

Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also use…more

Employer Liability Issues, Employment Eligibility Verification, Enforcement Actions, Form I-9, Hiring & Firing

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Lender Liability and False Claims Act Issues Under the Paycheck Protection Program

Among the most significant aspects of the CARES Act is the $660 billion small business forgivable loan program known as the Paycheck Protection Program (PPP), and it was perhaps inevitable that the administration of the program…more

Applications, Bank Secrecy Act, CARES Act, False Claims Act (FCA), Interim Rule

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Abandoned and Orphaned Wells: How to Reduce Risks and Minimize Environmental Impacts

For more than 100 years, companies and private landowners in the United States have drilled tens of millions of wells to extract oil and gas. When oil and gas wells reach the end of their productive lifespans, the owners and…more

Energy Sector, Environmental Policies, Infrastructure Investment and Jobs Act (IIJA), Oil & Gas, Orphan Wells

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After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving

Now that the pandemic’s “social distancing” is lessening, we hope you are all able to gather with friends and family this Thanksgiving. As we do the same, we wanted to count our blessings as we review the year. This year, we are…more

CARES Act, Consolidated Appropriations Act (CAA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Debt Collectors

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Fannie Mae Issues Fair Servicing Best Practices Guide

This week, in line with the CFPB’s ever-increasing focus on fair lending, Fannie Mae issued a Fair Servicing Best Practices Guide to promote “servicer awareness of fair servicing best practices.” Taking a big picture approach,…more

Advisory Opinions, Best Practices, Compliance, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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SEC Adopts Regulation A+

Newly adopted exemption to securities registration requirements may offer new capital raising opportunities for developing companies - A company that seeks to raise capital by offering or selling securities to potential…more

Blue Sky Laws, Debt Securities, Equity Financing, Exemptions, JOBS Act

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Massachusetts Voters Approve Measure for Expanded Access to Vehicle Data

In a roller coaster of an election week, it was easy for smaller ballot measures to become overshadowed. One ballot measure that you may have missed is Massachusetts’s Ballot Question 1 regarding the “right to repair” motor…more

Ballot Measures, Data Collection, Motor Vehicles, New Legislation, Right to Repair

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Offering family-friendly workplace policies is more than altruism — it’s an advantage

Offering flexible, family-friendly workplace policies isn’t just corporate altruism. It’s a way for savvy employers to reduce turnover and wasted training, ultimately improving businesses’ bottom line. Companies with…more

Employee Benefits, Employee Retention, Employer Liability Issues, Hiring & Firing, Wage and Hour

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Young Professionals – Using Online Platforms to Supercharge Your Practice

As a first generation professional and the first lawyer in my family, the prospect of building a professional network was incredibly daunting. I initially began engaging on social media and other online platforms in a…more

Business Development, Healthcare, Law Practice Management, Professional Development, Professional Networking

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Health-Care Providers Still Stymied on Evidence Needed to Prove FCA Violation

Courts nationwide have struggled for years with the question of when a subjective opinion is false under the False Claims Act. The Supreme Court’s decision to deny review of two cases involving health-care providers that had…more

False Claims Act (FCA), Federal Contractors, Health Care Providers, Hospice, Petition for Writ of Certiorari

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Policyholders Should Reject Insurers’ Misleading Narrative that Property Policies Do Not Cover COVID-19 Business Losses

Notwithstanding insurers’ transparent attempts to convince you otherwise, policyholders may very well have coverage for business interruption losses from COVID-19 under their property policies. Since the start of the pandemic,…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Claims

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Department of Education Announces Overhaul of Federal Student Loan System

On Friday, Secretary of Education Betsy DeVos announced a plan by the Department of Education to award its entire student loan servicing portfolio to a single company – down from its current roster of nine. The Department of…more

Consumer Financial Products, Department of Education, Federal Student Loans, Financial Services Industry

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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LADR Case Notes (August 2022-October 2022) and FLJ Currents (Winter 2023)

A gym franchisor recently secured a preliminary injunction against its former franchisee prohibiting the franchisee from operating an independent gym on the same location and using the franchisor’s trade secrets. Chris…more

Breach of Contract, Franchise Agreements, Franchisee, Franchisors, Intellectual Property Litigation

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New ABC Rules in North Carolina Affect Liquor Licenses, Day-to-Day Operations - Food, Beverage and Hospitality Alert

There are no bars in North Carolina. No, it’s not the beginning to a country song. What most people consider a “bar,” the North Carolina Alcoholic Beverage Control Commission deems a private club. But that is about to…more

Alcohol Beverage Control, Hospitality Industry, Internal Revenue Code (IRC), Licensing Rules, Liquor Control Boards

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Bracing For A Generative AI Revolution In Law

The power and the peril of generative AI has been one of the most talked- about topics in legal circles since ChatGPT's explosion into public conscience in late 2022. The arrival of generative AI into our world is now a…more

Artificial Intelligence, Automated Systems, Bots, e-Discovery Professionals, Information Governance

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De Novo Banks on the Rise

From 2000 to 2007—the seven years leading up to the recent financial crisis—the FDIC received more than 1,600 applications for deposit insurance, an average of more than 200 per year. More than 1,000 new banks ultimately were…more

Banking Sector, Banks, Deposit Insurance, FDIC, Financial Institutions

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President Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and Manufacturing

On August 16, 2022, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will…more

Biden Administration, Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Investment Tax Credits

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FTC Announces 2024 Hart-Scott-Rodino Threshold and Filing Fee Adjustments

The Federal Trade Commission (FTC) has announced the annual revisions to the monetary thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under the…more

Acquisitions, Corporate Governance, Corporate Officers, Federal Trade Commission (FTC), Filing Fees

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Proposed American Bar Association Resolution Could Affect Auto Dealers

The American Bar Association’s (ABA) Civil Rights and Social Justice Section, State and Local Government Law Section, and Commission on Homelessness and Poverty has proposed a resolution affecting automobile dealers that will be…more

American Bar Association (ABA), Anti-Discrimination Policies, Automotive Loans, Car Dealerships, ECOA

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False Claims Act - 2022 Year in Review

In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Arbitration or Court for Construction Disputes: The Pros and Cons

Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of…more

Arbitration, Arbitration Agreements, Construction Contracts, Construction Disputes, Construction Industry

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Treasury and IRS propose renewable energy prevailing wage and apprenticeship requirements

Payment of a prevailing wage to workers and employment of apprentices are key requirements for renewable energy developers to obtain the various tax incentives for their projects provided by the Inflation Reduction Act of 2022…more

Apprenticeships, Inflation Reduction Act (IRA), IRS, Notice of Proposed Rulemaking (NOPR), Prevailing Wages

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Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program

The Director of the Justice Department’s U.S. Trustee Program (USTP), which oversees the administration of bankruptcy cases, is about to change for the first time in nearly 20 years. Clifford White will be stepping down from the…more

Chapter 11, Chapter 13, Consumers, Creditors, Debtors

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Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and recently…more

Confidentiality Agreements, Enforcement, Federal Trade Commission (FTC), NLRA, NLRB

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Fannie Mae to Test Drive Ditching Title Insurance

In a surprising shift from its current position, Fannie Mae is expected to roll out a pilot program this spring that waives title insurance requirements for certain loans sold to Fannie Mae, according to a recent report from…more

Fannie Mae, Pilot Programs, Title Insurance

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Class Certification Issues In O’Bannon v. NCAA

In This Presentation: - Important Players - Underlying Lawsuit - Procedural Pre-Class Certification - Class Certification Issues - Aftermath and Trial - Recent Developments -…more

Athletes, Class Action, Class Certification, College Athletes, License Agreements

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DoDIG Audit of Controlled Unclassified Information (CUI) Program: Findings and Next Steps for Contractors

The Department of Defense Inspector General (DoDIG) recently released its “Audit of the DoD’s Implementation and Oversight of the Controlled Unclassified Information [CUI] Program” (DODIG-2023-078). The audit highlights some of…more

Audits, Controlled Unclassified Information (CUI), Cybersecurity, Data Collection, Data Protection

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“Hipster Antitrust” Movement Takes Center Stage in Congress

On Wednesday, July 29, 2020, the House Judiciary Committee’s antitrust subcommittee held a widely publicized hearing in which representatives questioned CEOs from Amazon, Apple, Facebook and Google about allegedly…more

Amazon, Anticompetitive Behavior, Apple, CEOs, Congressional Committees

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Important Business Tax Legislation to Watch in the 2024 Alabama Regular Session

As we strive to do annually, here is a summary of the major items of business tax legislation that have been introduced or we expect to be introduced during the 2024 regular session, which began February 6. From a tax and…more

Alabama, Business Licenses, Child Tax Credit, Legislative Agendas, Sales & Use Tax

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Damages in Construction Claims: Are “Actual Costs” Actually Required?

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality or…more

Actual Costs, Construction Defects, Construction Disputes, Construction Industry, Construction Litigation

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Be Prepared: How to Avoid the Super-Priority Trap

Benjamin Franklin once said, “By failing to prepare, you prepare to fail.” Servicers can face significant obstacles in preservation of their rights vis a vis assessments by homeowners’ associations and condo associations (a…more

Condominium Associations, Homeowners Association (HOA), Liens, Mortgage Lenders, Super Priority

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Holidays and Happier at Work: Tips for Creating a Mentally Healthy Workplace

Tips to Change the Mental Health Culture in Your Workforce - Let’s face it—while the stigma about mental health issues has gotten better, much work is still needed. It is up to all of us to help improve the dialogue and tone…more

Benefit Plan Sponsors, Department of Labor (DOL), Disability Discrimination, Employees, Employer Liability Issues

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CMS Finalizes Stark Law Changes in CY 2016 Medicare Physician Fee Schedule Final Rule

This past July, on the heels of a decision in which a judge for the U.S. Court of Appeals for the Fourth Circuit characterized the federal physician self-referral prohibition commonly known as the “Stark Law” as, “even for…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Physician Fee Schedule, Stark Law

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Evolution of the Chinese Hacking Threat: Risks for Government and Industry

On May 24, 2023, Microsoft announced the detection of a direct threat to critical infrastructure organizations in Guam and elsewhere in the United States. The alert attributed observed malicious activity to a state-sponsored…more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a…more

Appeals, Arbitration, Construction Contracts, Construction Defects, Construction Disputes

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Quick Thoughts for Construction Contracting: Don’t Overlook the Entities – Part 1

Sometimes the best advice is the advice we already know, but a timely reminder makes all the difference. In this first blog post of the series, the advice is exactly that. Get the right entities on the dotted lines. You’ve…more

Business Entities, Change Orders, Construction Contracts, Construction Industry, Contract Interpretation

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Congress Overhauls Excise Taxes for Alcohol Producers

Brewers, vintners and distillers across the country raised their glasses as Congress passed the Tax Cuts and Jobs Act and, with it, the Craft Beverage Modernization and Tax Reform Act of 2017. The Craft Beverage Tax Reform Act…more

Beer, Beverage Manufacturers, Breweries, Excise Tax, New Legislation

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Insider Threat Program Awareness Training Deadline - Cybersecurity and Privacy Team Alert

In May 2016, the Under Secretary of Defense for Intelligence issued a requirement for cleared government contractors to establish an “insider threat program” (ITP) to better protect national security networks from cybersecurity…more

Cyber Threats, Cybersecurity, Defense Sector, Federal Contractors, National Security

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State False Claims and AKS Statutes Keep Case Alive in 2nd Circuit: Underappreciated State Laws May Present Significant Compliance Risk

Recent years have seen eye-popping judgments and settlements involving cases brought under the federal False Claims Act (FCA) and federal Anti-Kickback Statute (AKS). And healthcare companies have, unsurprisingly, focused their…more

Anti-Fraud Provisions, Anti-Kickback Statute, Compliance, False Claims Act (FCA), Fraud and Abuse

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FTC Announces Withdrawal of Healthcare Policy Statements

As Bradley forecasted in February, the Federal Trade Commission (FTC) recently announced the withdrawal of two healthcare antitrust policy statements: Statements of Antitrust Enforcement Policy in Health Care (1996) and…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Part 1: Pulling Back the Cloak on Phantom Equity in Private Companies: Issues for Majority Owners to Consider in Incentivizing Key Employees

In the private company context, high-performers, senior executives and other vital employees are a company’s lifeblood. It is therefore critically important to retain these top performers, which often requires that the company’s…more

Business Ownership, Business Taxes, Employees, Equity, Operating Agreements

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DoDIG Audit of Controlled Unclassified Information (CUI) Program: Findings and Next Steps for Contractors

The Department of Defense Inspector General (DoDIG) recently released its “Audit of the DoD’s Implementation and Oversight of the Controlled Unclassified Information [CUI] Program” (DODIG-2023-078). The audit highlights some of…more

Audits, Controlled Unclassified Information (CUI), Cybersecurity, Data Collection, Data Protection

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Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Louisiana

The next state in our series exploring non-compete agreements is Texas’ neighbor to the east, Louisiana. As I like to say, when you travel east and cross the Sabine River from Texas to Louisiana all the words change but the…more

Attorney's Fees, Blue Pencil Contract Modification, Consideration, Damages, Debt Collectors

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The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a Better Choice Than the Lowest Bidder

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to explain…more

Appeals, Bid Protests, Bids, Construction Contracts, Construction Industry

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Don’t Hide the Money: Supreme Court Allows Civil Racketeering Claim to Proceed in Foreign Arbitration Context

If you’ve ever seen the popular film Goodfellas, you might have heard of the infamous Racketeer Influenced and Corrupt Organizations Act. It’s usually referred to by its acronym, “RICO,” and was designed to punish a laundry list…more

Arbitration, Enforcement, Foreign Arbitral Awards, International Arbitration, RICO

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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You’ve Gotta Fight For Your Right To Get Paid: The Right To Stop Work

A contractor is halfway through the (timely) completion of a project and the owner’s payment is late. Days, weeks go by, and now the contractor is incurring all the costs of the work without any compensation. It might be…more

AIA Construction Forms, Construction Contracts, Construction Industry, Contract Interpretation, Contract Terms

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July 2017 Federal Tax Alert – New Partnership Audit Regulations

The U.S. Treasury Department and the Internal Revenue Service (“IRS”) recently reissued 277 pages of proposed regulations and a preamble (REG-136118-15) regarding the new centralized partnership audit rules enacted as part of…more

Bi-Partison Balanced Budget Act (BBA), Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC), Partnerships

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CFPB Releases TRID Guidance for Juneteenth National Independence Day

Late last week, the Consumer Financial Protection Bureau (CFPB) released an interpretive rule that provided much-welcome guidance related to the effect of the new Juneteenth National Independence Day on disclosure waiting…more

Banking Sector, Biden Administration, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Financial Institutions

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FTC Imposes $110 Million Fine Against Payment Facilitator and Its Executives

Payment processor/facilitator Allied Wallet, its CEO, and two other corporate officers, recently agreed to settle Federal Trade Commission (FTC) charges that they assisted or knowingly processed fraudulent transactions for…more

Civil Monetary Penalty, Corporate Misconduct, Debit and Credit Card Transactions, Enforcement Actions, Federal Trade Commission (FTC)

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The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a Better Choice Than the Lowest Bidder

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to explain…more

Appeals, Bid Protests, Bids, Construction Contracts, Construction Industry

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Tax Cuts and Jobs Act Taxes Some Incentives - ACREL News & Notes

Section 118 provides “[i]n the case of a corporation, gross income does not include any contribution to the capital of the taxpayer.” The regulations promulgated under Section 118 under prior law provide, with respect to…more

Capital Contributions, Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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False Claims Act - 2022 Year in Review

In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Converting a Corporation into an LLC Can Lead to Unintended Consequences: Don’t Convert to an LLC Without Careful Advance Planning

Corporations and LLCs both provide their shareholders and members with limited liability to operate a for-profit business, and while these two forms of business entities are similar in many ways, they also have some important…more

Business Ownership, Corporate Conversions, Corporate Counsel, Corporate Entities, Corporate Governance

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CFPB Issues Advisory Opinion Restricting Fees Charged for Consumer’s Requests for Account Information

In October 2023, the CFPB issued an advisory opinion titled, “Consumer Information Requests to Large Banks and Credit Unions.” The upshot of the advisory opinion is that covered financial institutions responding to consumer…more

Advisory Opinions, Attorney's Fees, Consumer Financial Protection Bureau (CFPB), Consumer Requests, Credit Unions

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Review of All Claims in Petition for Inter Partes Review Required after SAS Institute

On the same day that the Supreme Court upheld the constitutionality of inter partes reviews, it ruled in SAS Institute Inc. v. Iancu that the United States Patent and Trademark Office wrongly implemented regulations allowing for…more

Administrative Proceedings, Estoppel, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Oil and Gas Industry Concerned about EPA’s Proposed Methane Emissions Rules

On August 18, 2015, the EPA released proposed rules aimed at reducing methane and other volatile organic compound (VOC) emissions in the oil and natural gas industry. In January 2015, the EPA stated its goal to decrease methane…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Methane, New Source Performance Standards (NSPS), Oil & Gas

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Distressed Long Term Care Assets: A Lender’s Perspective

Loan defaults and financial distress among long term care (LTC) facilities, such as skilled nursing facilities (SNFs), assisted living facilities (ALFs) and memory care facilities, are on the rise. The COVID-19 pandemic has…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Creditors, Default, Financial Distress

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Securities and Exchange Commission Issues New Universal Proxy Rules

Recent changes in the Securities and Exchange Commission (SEC) proxy rules will give shareholders the ability to vote for directors like never before. The new rules will require companies to provide universal proxy cards to…more

Board of Directors, Corporate Governance, Disclosure Requirements, Filing Deadlines, Investment Company Act of 1940

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No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction

The Second Circuit’s recent decision in Bruce v. Citigroup, Inc., 2023 WL 4919496, at *1 (2nd Cir. Aug 2, 2023) appears to be the second Circuit Court of Appeals (joining the Fifth Circuit) to specifically hold that a plaintiff…more

Appeals, Bankruptcy Discharge Order, Class Action, Injunctions, SCOTUS

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From the Alabama Lawyer - Mixed Signals

Introductory signals, according to The Bluebook, help legal writers “organiz[e] authorities and show how authorities support or relate to a proposition given in the text.” In a perfect world, The Bluebook would be easy to…more

Content Strategy, Law Firm Associates, Law Firm Partners, Legal Writing, Litigation Strategies

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Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating Pass-Through Settlement Agreement

A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through. See…more

Breach of Contract, Breach of Duty, Construction Contracts, Construction Litigation, Construction Project

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California Court Sends Solar Contractor’s Bond Claims to Arbitration

A California federal court ruled last week that a surety can enforce an arbitration clause in a contract to which it is not a party. The dispute involves performance and payment bond claims brought by solar contractor Swinerton…more

Arbitration, California, Construction Contracts, Contractors, Energy Projects

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US Environmental Protection Agency Opens Criminal Investigation into Herbicide Spraying

According to articles in Missouri newspapers and other news outlets, federal agents recently executed search warrants in several counties in Missouri to probe possible criminal violations of the Federal Insecticide, Fungicide,…more

Criminal Investigations, Environmental Protection Agency (EPA), FIFRA, Genetically Engineered Seed, Off-Label Use

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Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering projects…more

Construction Project, Department of Transportation (DOT), Highways, Infrastructure, Public Private Partnerships (P3s)

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Remote Legal Services in the Age of COVID - How Legal Services Organizations Adapted to the Pandemic to Serve Pro Bono Clients

The COVID-19 pandemic has had devastating effects in nearly every aspect of society. The shutdowns used to abate the spread of the disease forced much of the world to quickly pivot to remote operations. Pro bono legal services…more

Coronavirus/COVID-19, Law Practice Management, Legal Representatives, Low-Income Issues, Pro Bono

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Get Interactive! Searching for ADA Accommodations with Employees

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive…more

Americans with Disabilities Act (ADA), Disability, Employees, Employer Liability Issues, Employment Policies

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Bid Protests in Pennsylvania

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama). For…more

Bid Protests, Bid Solicitation, Competitive Bidding, Federal Contractors, Federal Procurement Systems

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Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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SCRA Will Continue to Receive Regulatory Scrutiny

On March 22, 2016, the U.S. House of Representatives passed the Foreclosure Relief and Extension for Servicemembers Act of 2015. This bill was signed into law by President Obama on March 31, 2016. This follows the recodification…more

Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Enforcement Actions, Financial Institutions, Foreclosure

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The Eleventh Circuit has spoken: “Debtors who surrender property must get out of the creditor’s way”

In recent years, there has been a hotbed of litigation across the nation, particularly in Florida state and bankruptcy courts, regarding a debtor’s ability to contest a secured creditor’s foreclosure notwithstanding the debtor’s…more

Abandoned Property, Affirmative Defenses, Appeals, Bankruptcy Code, Chapter 7

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DOL Tones Down White-Collar Exemption Regulations, But Millions Still Affected

Receiving over 270,000 comments must have impressed the U.S. Department of Labor (DOL) to the point that it scaled back the provisions originally stated or hinted at in the proposed rules, with final rules issued May 18 that go…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Public Comment, Wage and Hour

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Alabama Department of Revenue Panel Discusses Key Administrative Developments

As part of the annual meeting of the Alabama State Bar Tax Section held in Montgomery on August 16, representatives from the Alabama Department of Revenue (ALDOR) provided a helpful update on some key legislative and…more

Alabama, Audits, Department of Revenue, New Guidance, Reporting Requirements

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FTC Announces 2024 Hart-Scott-Rodino Threshold and Filing Fee Adjustments

The Federal Trade Commission (FTC) has announced the annual revisions to the monetary thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under the…more

Acquisitions, Corporate Governance, Corporate Officers, Federal Trade Commission (FTC), Filing Fees

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Landlords Again Successfully Challenge the CDC’s Authority to Ban Residential Evictions

Earlier this year, the Eastern District of Texas invalidated — commerce clause grounds — the Centers for Disease Control and Prevention’s (CDC’s) ability to halt residential evictions during the COVID-19 pandemic. Subsequently,…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Landlords

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CFPB Action Against Student Loan Originator Sends Message to Income Share Agreement Industry

On September 7, 2021, the CFPB issued a consent order against Better Future Forward, Inc., and related entities (collectively, BFF), companies that provide financing for postsecondary education to students via income share…more

Consent Order, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Enforcement Actions

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Certified Conflict on Carrier’s Burden to Show Prejudice Caused by Late Notice of Claim in Florida

It is long-standing law in Florida (and elsewhere) that an insurer can deny a claim when it was prejudiced by a policyholder’s failure to provide timely notice. However, there has been some debate in recent years about whose…more

Appeals, Burden of Proof, FL Supreme Court, Homeowner's Insurance, Summary Judgment

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The Upcoming “Patent Cliff”: Plan to File New Patent Applications Before March 16, 2013

On March 16, 2013, one of the most important and controversial provisions of the “Leahy-Smith America Invents Act,” or AIA, is scheduled to take effect and this event will mark a significant change in United States patent filing…more

America Invents Act, First-to-File, First-to-Invent, Patent Reform, Patents

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CFPB Invokes “Dormant” Authority and Unveils First Public Supervisory Designation of a High-Risk Nonbank Installment Lender

Nearly two years ago, in April 2022, the CFPB issued a press release announcing its intent to start exercising its authority to examine non-bank financial services institutions that the CFPB has “reasonable cause to determine…more

Appeals, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Non-Bank Lenders

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Fannie Mae Issues Fair Servicing Best Practices Guide

This week, in line with the CFPB’s ever-increasing focus on fair lending, Fannie Mae issued a Fair Servicing Best Practices Guide to promote “servicer awareness of fair servicing best practices.” Taking a big picture approach,…more

Advisory Opinions, Best Practices, Compliance, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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SEC Adopts New Pay Versus Performance Disclosures

On August 25, 2022, the Securities and Exchange Commission adopted pay versus performance disclosure rules originally mandated by the Dodd-Frank Act 12 years ago. These rules require public companies to disclose the relationship…more

Compensation & Benefits, Corporate Governance, Disclosure Requirements, Dodd-Frank, Executive Compensation

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2019 Employment Update and Predictions: What's Hot and What's Not - Labor & Employment Newsletter

Now that 2018 is winding down, the mid-term elections are behind us, and Brett Kavanaugh has been confirmed as the newest Associate Justice to the United States Supreme Court, it is time for me to make my 2019 predictions for…more

Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Laying the Foundation for Success: Structuring the Board of Directors in a Family-Owned Business

The board sets the overall strategy and policies of the company, so your corporate governance foundation starts with structuring the board of directors. As the overall governing body, the board elects the officers of the…more

Board of Directors, Corporate Governance, Corporate Structures, Family Businesses

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2017 – The Health Law Year in Review

Uncertain. What better word to describe a year in which a new administration came to power and began to chart a new course for health policy, the fate of the Affordable Care Act (ACA) hung in the balance, and courts grappled…more

Affordable Care Act, Alternative Payment Models (APM), Cooperative Compliance Regime, Department of Justice (DOJ), Electronic Health Record Incentives

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How Quickly Can the NLRB Get You? The Supreme Court to Decide in Starbucks Appeal

As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be…more

Appeals, Employer Liability Issues, Employment Litigation, NLRB, Protected Activity

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How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration…more

AL Supreme Court, Appeals, Arbitration, Arbitration Awards, Arbitrators

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CFPB and DOJ Caution Auto Industry on SCRA Protections

Auto finance companies and others in the auto space should take note of a recent joint letter issued by the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) about the legal protections under the…more

Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Repossess, SCRA

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Telehealth Services During the COVID-19 Response: New Options for Patient Access and Outreach

The U.S. Department of Health and Human Services (HHS) has issued several waivers applicable to the provision of telehealth services during the COVID-19 emergency period. Some of these waivers expand Medicare coverage and help…more

Coronavirus/COVID-19, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Public Health Emergency, Relief Measures

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Pulling Back the Curtain: Moving Toward Disclosure of Third-Party Funding in Litigation - Who's Who Legal

Civil litigation, once a realm confined to rules-based conflict resolution between adverse parties, has become profitable commerce in the US. Where commerce thrives, investors looking for healthy returns follow. Unlike other…more

Class Action, Client Services, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Litigation Fees & Costs

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FTC Announces Withdrawal of Healthcare Policy Statements

As Bradley forecasted in February, the Federal Trade Commission (FTC) recently announced the withdrawal of two healthcare antitrust policy statements: Statements of Antitrust Enforcement Policy in Health Care (1996) and…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Alabama Legislature Renews Growing Alabama Act and Alabama Jobs Act

On February 12, 2021, Alabama Gov. Kay Ivey signed legislation, House Bill 192 (HB192), renewing the Growing Alabama Act and the Alabama Jobs Act, which both expired last year. Both programs are vital to Alabama’s ability to…more

Governor Ivey, Legislative Agendas, New Legislation, State and Local Government, State Legislatures

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Beware of New Insurance Disclosure Requirements for Defendants in New York Litigation

On December 31, 2021, New York imposed draconian new insurance disclosure requirements on defendants in New York state courts when Gov. Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill 7052) into law…more

Disclosure Requirements, Insurance Industry, Insurance Litigation, New York, Third-Party

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Aircraft Purchase, Ownership and Operation: Protecting the Interests of a Family Business Owner – Part 4

As noted in Part 1 of this series, owners of private aircraft will often want to share ownership and/or use of their aircraft with others. In most cases the motivation for sharing ownership and/or use of an aircraft is to defray…more

Aircraft, Aircraft Financing, Aviation Industry, Business Ownership, Federal Aviation Administration (FAA)

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Another Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation Act

A trio of senators have joined the list of federal lawmakers circulating drafts of federal college name, image, and likeness (NIL) bills. This time, Sens. Richard Blumenthal (D-CT), Jerry Moran (R-KS), and Cory Booker (D-NJ) are…more

College Athletes, Colleges, Compensation, Educational Institutions, Name and Likeness

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House Bill 59, Alabama Reinvestment and Abatements Act, Expands Alabama Abatements Significantly

The Alabama Reinvestment and Abatements Act, HB59, Act No. 2015-24 (the “Act”), makes several changes to Alabama abatement law and expands the list of industries and types of projects that are eligible for those abatements…more

Abatement, Pending Legislation, Tax Abatement

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President Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and Manufacturing

On August 16, 2022, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will…more

Biden Administration, Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Investment Tax Credits

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The Wait Is Over: Corporate Transparency Act Takes Effect

The Corporate Transparency Act (CTA) and its requirements for privately held companies to report their beneficial ownership information went into effect on January 1, 2024. The CTA requires most corporations, limited liability…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Doing Business, Filing Deadlines

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Time to Sell? Are You and Your Company Prepared to Go After the Elusive Pot of Gold?

After devoting long hours and years of hard work in building their companies, majority owners of private businesses may reach a point where they consider whether it is time for them to sell. This large question – Is now the time…more

Business Divorce, Business Opportunities, Business Ownership, Business Valuations, Buyers

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Alcohol Delivery and Shipments in Alabama

Merle Haggard famously sang “I Think I’ll Just Stay Here and Drink.” For decades, Alabama’s dated alcohol rules made that easier said than done in the Yellowhammer State, as alcohol delivery was prohibited and wine shipments…more

Alabama, Direct to Consumer Sales, Distribution Rules, New Legislation, Shipping

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2023 Update on Alabama Alcohol Laws

Rome wasn’t built in a day. Patience is a virtue. Pick your cliché to describe the glacial, but perceptible pace of the evolution of Alabama’s alcohol rules. There were a number of changes to alcohol laws in the most recent…more

Alabama, Alcohol Beverage Control, Business Licenses, Hospitality Industry, Liquor Licences

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A Caution Against Over-Promising

It is common knowledge on a design-bid-build project that a general contractor is required to build its scope of work in accordance with the plans and specifications furnished by the owner, and the owner impliedly guarantees…more

Construction Contracts, Construction Industry, Construction Litigation, Contract Terms, Design Defects

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O-H-High-O: Ohio Adopts Adult-Use Marijuana Program

On November 7, 2023, Ohio voters decisively passed Issue 2, putting the “high” in Ohio and becoming the 24th state to legalize adult-use marijuana. Issue 2, which goes into effect on December 7, 2023, allows adults to purchase…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Legalization, Legislative Agendas

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Texas Update: HB 1578 – Attorney’s Fees - Construction and Procurement Law News, Q3 2021

Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other…more

Attorney's Fees, Breach of Contract, Business Entities, Civil Code, Construction Contracts

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Federal Agencies Release Interim Final Rule to Implement the No Surprises Act

Today, the Departments of Health and Human Services (HHS), Labor, and Treasury (the Departments) published an interim final rule (the Interim Final Rule) implementing certain provisions of the No Surprises Act,[1] which aims to…more

Consent, Cost-Sharing, Department of Health and Human Services (HHS), Department of Labor (DOL), Disclosure Requirements

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NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public…more

Appeals, Energy Sector, FERC, Natural Gas, Oil & Gas

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Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?

The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no…more

Appeals, Fraud, Trademark Cancellation, Trademark Registration, Trademark Trial and Appeal Board

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NCAA Issues New Name, Image, Likeness Guidance

On April 29, 2020, the NCAA Board of Governors issued support for rule changes in the organization’s move toward allowing student-athletes to profit from the use of their name, image, and likeness (NIL). Following the…more

Name and Likeness, NCAA, New Guidance, Student Athletes

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FTC and OCR Take Aim at Tracking Pixels in Joint Letter Warning Hospitals and Telehealth Providers About Privacy and Security Risks Associated with Online Tracking Technology

In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) sent a joint letter to approximately 130 hospital systems and telehealth providers raising…more

Cybersecurity, Disclosure, Federal Trade Commission (FTC), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Employee Stock Ownership Plans for Construction Companies: Part 3

Following up on our prior blog posts (here and here) regarding employee stock ownership plans (ESOPs) generally for constructions companies, as well specific issues for consideration, this blog post evaluates the pros and cons…more

Closely Held Businesses, Construction Industry, Employee Benefits, Employee Stock Purchase Plans, Employees

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FTC Proposes Rule to Strike Noncompete Agreements Nationwide

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments on…more

Employees, Employer Liability Issues, Enforcement Actions, Federal Trade Commission (FTC), Former Employee

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Alabama CON Report - February 2024

I. Certificate of Need Program - A. Project Modification Request - AL2022-009, East Alabama Health Care Authority d/b/a East Alabama Medical Center (EAMC), Lee County, AL: The project modification request involves a change…more

Acute Facilities, Alabama, Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need

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The False Claims Act in 2023: A Government Enforcement Update

This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department…more

Cybersecurity, Department of Justice (DOJ), Enforcement, False Claims Act (FCA), Fraud

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Offer Expired: The FAR’s 30-Day Offer Expiration Rule Applicable to Commercial Items

The language of FAR 52.212-1(c) states that an “offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to…more

Department of Defense (DOD), Expiration Date, Federal Acquisition Regulations (FAR), Federal Contractors, General Solicitation

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Don’t Mess with Texas Nurses: Texas Healthcare Facilities Must Adopt Workplace Violence Prevention Plans by September 1, 2024

Texas has now joined states like California in creating statutory protections against workplace violence against healthcare workers. Senate Bill 240, now Chapter 331 of the Texas Health and Safety Code, requires healthcare…more

California, Compliance, Employer Liability Issues, Employment Policies, Health Care Providers

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Landlords Must Disclose Foreign Ownership to Federal Lessees

Some federal lessees now must require their landlords to identify and disclose certain foreign owners, under a new interim rule from the General Services Administration (GSA). The rule — effective June 30, 2021 — is yet another…more

Disclosure Requirements, Foreign Ownership, General Services Administration (GSA), Landlords, Leases

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Due Process Strikes Back: Alabama Supreme Court Vacates $124M Class Settlement Attorneys’ Fee Award

The Alabama Supreme Court recently vacated a substantial $124 million attorneys’ fee award in connection with a class action settlement (Lawler v. Johnson et al., No. 1151347, — So. 3d –, 2017 WL 4707517 (Ala. Oct. 20, 2017))…more

AL Supreme Court, Attorney's Fees, Class Action, Class Members, Corporate Counsel

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Ninth Circuit Upholds Arbitration in Data Breach Case: A Reminder for Businesses on the Importance of Terms and Conditions

The frequency of class actions related to data breaches has significantly increased, with no indication that this upward trajectory will plateau. This raises the question: Are there more efficient alternatives to settling these…more

Arbitration, Class Action Arbitration Waivers, Data Breach, Terms and Conditions

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Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions

The 11th Circuit recently addressed the issue of competing or overlapping class actions, which often create problems for both the plaintiffs’ counsel and the defense. In Medical and Chiropractic Clinic, Inc. v. Oppenheim, the…more

Advertising, Class Action, Class Certification, Ethics, Settlement Negotiations

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Texas Hold ‘Em: Lone Star State Enacts New Notice Law Regarding Workplace Violence

Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago, Texas…more

Employee Training, General Duty Clause, Healthcare, Labor Code, New Legislation

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Budget Deal Limits Payment to New Off-Campus Hospital Outpatient Departments

On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015 (the “Act”) into law. The Act, widely hailed as a rare act of bipartisan cooperation, raises the federal debt ceiling and sets federal spending…more

Ambulatory Surgery Centers, Barack Obama, Bipartisan Budget, Centers for Medicare & Medicaid Services (CMS), Debt Ceiling

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ESOP Q&A: What Is a Distribution Policy?

A distribution policy is a helpful tool for ESOP companies to comply with distribution requirements while retaining maximum flexibility. In a prior article, we reviewed the rules governing ESOP distributions. In this article, we…more

Distribution Rules, Employee Benefits, Employee Stock Purchase Plans, ESOP, Regulatory Requirements

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Bradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for Bankruptcy

The automatic stay is a procedural tool in a bankruptcy case that effectively halts efforts by creditors to collect on a debtor’s outstanding obligations. As discussed in more detail in our prior post, immediately upon the…more

Automatic Stay, Bankruptcy Code, Chapter 11, Chapter 7, Commercial Bankruptcy

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30(b)(6) vs. 702 – Is Your Witness a Party or an Expert?

Earnest v. Sanofi U.S. Services et al, U.S. Circuit Court of Appeals for the Fifth Circuit, No. 20-30184 (Feb. 10, 2022) - The plaintiff sued Sanofi U.S. Services, Inc. and Sanofi-Aventis U.S., LLC in the Eastern District of…more

Appeals, Expert Testimony, Failure To Warn, Health Care Providers, Healthcare

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Don’t Be Bullied by a Patent Troll

One of our favorite stories growing up was the “Three Billy Goats Gruff,” the main character of which is a terrible troll who lived under a bridge. The troll tried to terrorize and eat three goats who just wanted to cross a…more

Infringement, Patent Trolls, Patents, USPTO

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New York Clarifies Mortgage Loan Acceleration and De-Acceleration: Starting and Stopping the Limitations Clock

On February 18, 2021, the New York Court of Appeals’ consolidated resolution of four cases that answered two critical questions concerning the application of the statute of limitations in New York mortgage foreclosure actions:…more

Appellate Courts, Deutsche Bank, Foreclosure, Mortgages, New York

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CARES Act Augments Small Business Loan Programs: What You Need to Know to Act Now

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) intending to address and alleviate much of the economic stress resulting from the Coronavirus…more

CARES Act, Coronavirus/COVID-19, Eligibility, Paycheck Protection Program (PPP), Relief Measures

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West Virginia Supreme Court Offers Guidance on Contractual and Implied Indemnity Claims

The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design…more

Appeals, Breach of Contract, Construction Contracts, Construction Defects, Construction Industry

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Fourth Circuit Clarifies When a Regulatory Violation May Lead to a False Claims Act Violation

The U.S. Fourth Circuit Court of Appeals’ recent decision in United States ex rel. Rostholder v. Omnicare, Inc., reconfirms the well-founded principle that a civil False Claims Act (FCA) claim that is based on the defendant’s…more

False Claims Act (FCA), Healthcare, Omnicare, Pharmaceutical Industry

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You Can Stand Under My Umbrella (by Clearly Manifesting It)

In Texas, many master service agreements (MSAs) related to the oil and gas industry typically contain provisions related to mandatory minimum insurance coverage and indemnity obligations. The Texas Supreme Court recently held…more

Bonds, Commercial General Liability Policies, Commercial Insurance Policies, Contract Interpretation, Indemnity

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Landlords Must Disclose Foreign Ownership to Federal Lessees

Some federal lessees now must require their landlords to identify and disclose certain foreign owners, under a new interim rule from the General Services Administration (GSA). The rule — effective June 30, 2021 — is yet another…more

Disclosure Requirements, Foreign Ownership, General Services Administration (GSA), Landlords, Leases

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Court Sends Wind Farm Developer Spinning by Ordering Removal of Wind Turbines in Significant Mineral Rights Holding

Recently, in United States v. Osage Wind, LLC, the Northern District of Oklahoma awarded permanent injunctive relief in favor of the Osage Nation and the United States against wind turbine farm developers in the form of…more

Energy Projects, Injunctive Relief, Land Developers, Mineral Rights, Mining

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We’re NOT so Early Anymore – As NFTs Hit Primetime In Insider Trading Case, A Broader Look Ahead For Digital Assets

The heavily publicized announcement by New York federal prosecutors of the first-ever charges for insider trading in digital assets — non-fungible tokens, or “NFTs” in particular — is a significant but somewhat confusing…more

Cryptocurrency, Digital Assets, Enforcement, Ethereum, FBI

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Recovering Attorneys’ Fees for Breach of Contract

Texas lawyers finally have the ability to recover attorneys’ fees on behalf of their clients in all breach of contract matters, regardless of whether the other party is an individual, corporation, limited partnership, or limited…more

Attorney's Fees, Breach of Contract, Business Entities, New Legislation, State and Local Government

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No (Union) Shirt? No Problem: Fifth Circuit Strips Down NLRB’s Employee Uniform Rules

Can you enforce your uniform policy, even if that means an employee can’t wear a union t-shirt? Earlier this month, in Tesla, Inc. v. NLRB, the Fifth Circuit looked at that very question and ruled for Tesla…more

Dress Codes, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Golf Course Copyright Bill Implications Go Beyond The Green

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against Digital…more

Architects, Artificial Intelligence, Authorship, Copyright, Copyright Ownership

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Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because contractors…more

Attorney's Fees, Breach of Contract, California, Construction Contracts, Construction Industry

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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The Wait Is Over: Corporate Transparency Act Takes Effect

The Corporate Transparency Act (CTA) and its requirements for privately held companies to report their beneficial ownership information went into effect on January 1, 2024. The CTA requires most corporations, limited liability…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Doing Business, Filing Deadlines

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Banks and Credit Unions Utilizing Ineffective Chatbots May Risk Violating Federal Law

In an October 2023 advisory opinion, the Consumer Financial Protection Bureau (CFPB) put large banks and credit unions on notice that the use of chatbots and other technologies could increase the risk of violating federal law if…more

Advisory Opinions, Banking Sector, Banks, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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Will the Tennessee Legislature Continue to Leave Cannabis to Outlaw Country Music in 2023?

Cannabis has long been a source of inspiration for musicians like Willie Nelson and Hank Williams Jr. Outlaws like Willie and Hank paved the way for the next generation of country artists to sing their cannabis praises. Margo…more

Cannabis Products, Decriminalization of Marijuana, General Assembly, Legalization, Legislative Agendas

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The Roundabout: AMCC Litigation and Licensing Update

In Greek mythology, Sisyphus was the founder and king of Ephyra (now known as Corinth). Hades punished him for cheating death twice by forcing him to roll an immense boulder up a hill only for it to roll back down every time it…more

Business Licenses, Business Operations, Cannabis Products, Cannabis-Related Businesses (CRBs), Legislative Agendas

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Final Clean Water Act Rule Goes Into Effect

On May 27, 2015, the Environmental Protection Agency (EPA) released the Waters of the U.S. Final Rule under the Clean Water Act (CWA). This is an expansion by the Obama Administration of the federal protection of U.S. waterways…more

Clean Water Act, Environmental Protection Agency (EPA), Federal Jurisdiction, Final Rules, US Army Corps of Engineers

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HIPAA and HITECH Privacy and Security Rule Update: Final Omnibus Rule

The Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) published today the much anticipated final omnibus rule implementing the Health Information Technology for Economic and Clinical Health…more

Business Associates, Compliance, Covered Entities, Data Breach, Data Protection

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CARES Act Augments Small Business Loan Programs: What You Need to Know to Act Now

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) intending to address and alleviate much of the economic stress resulting from the Coronavirus…more

CARES Act, Coronavirus/COVID-19, Eligibility, Paycheck Protection Program (PPP), Relief Measures

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So You’re Telling Me There’s a Chance: Vacatur of AAA Arbitration Awards in North Carolina - IADC Business Litigation Committee Newsletter

As the optimistic wisdom of Dumb & Dumber’s Lloyd Christmas instructs, the chances of winning a motion to vacate an arbitration award may be “one in a million” . . . but “there’s a chance.” Originally published in IADC…more

American Arbitration Association, Arbitration, Arbitration Awards, Choice-of-Law, Forum Selection

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The U.S. Trademark Office Says Δ8-THC Is Illegal -- Usually

The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Centers for Disease Control and Prevention (CDC), Decriminalization of Marijuana, Department of Justice (DOJ)

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How the New Tax Law May Impact Your Estate Plan

On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act (the “2017 Act”) which, among other items, made several changes to the federal wealth transfer tax system with respect to transfers occurring during…more

Business Taxes, Estate Tax, Family Businesses, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs)

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CMS Changes Course: Increases Medicare Reimbursement Rates for 2023 Fiscal Year

On Friday, July 29, 2022, the Centers for Medicare & Medicaid Services (CMS) issued its 2023 Skilled Nursing Facility (SNF) Prospective Payment System (PPS) Final Rule on 2023 Medicare rates for skilled nursing facilities…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Final Rules, Health Care Providers, Long Term Care Facilities

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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HHS Develops Strategy to Improve Security in the Healthcare Sector

The Department of Health & Human Services (HHS) released a concept paper outlining its strategy for improving cybersecurity infrastructure within the healthcare sector. The paper calls for proposing healthcare-specific…more

Cybersecurity, Data Protection, Data Security, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA)

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Right to Payment: Substantial Performance and Satisfaction

A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction clause…more

Appeals, Conditions of Payment, Construction Contracts, Construction Industry, Construction Litigation

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President Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and Manufacturing

On August 16, 2022, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will…more

Biden Administration, Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Investment Tax Credits

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U.S. Supreme Court Ruling Opens the Door to More State-Law Securities Class Actions

Today, in a 7-2 decision with Justice Breyer writing for the majority, the Supreme Court issued a narrow interpretation of when the federal Securities Litigation Uniform Standards Act (“SLUSA”) preempts state-law securities…more

Class Action, Corporate Counsel, Ponzi Scheme, Preemption, SCOTUS

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The Uncertain Legal Intersection of Genetic Tests and Life Insurance

The growth of direct-to-consumer DNA kits is a big deal with significant ramifications for the life insurance industry. Direct-to-consumer DNA kits, commonly used to track ancestry roots, increasingly allow individuals to assess…more

Direct to Consumer Sales, Disclosure, DNA, Fraud, Genetic Discrimination

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HHS Develops Strategy to Improve Security in the Healthcare Sector

The Department of Health & Human Services (HHS) released a concept paper outlining its strategy for improving cybersecurity infrastructure within the healthcare sector. The paper calls for proposing healthcare-specific…more

Cybersecurity, Data Protection, Data Security, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA)

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Looking for Likes: Social Media Post Results in Unintended License to Share Photograph

A New York federal district court has dismissed a photographer’s copyright infringement claims after finding that the photographer gave Instagram the right to sublicense her photograph to the accused infringer, Mashable, Inc…more

Copyright Infringement, Corporate Counsel, Instagram, Licenses, Photographs

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Government Contractor Booz Allen Hamilton Enters One of the Largest Procurement Fraud Settlements with DOJ over FCA Allegations

On Friday, July 21, 2023, DOJ announced it has reached a $377,453,150 settlement with Booz Allen Hamilton Holding Corporation (Booz Allen), the parent company of Booz Allen Hamilton, Inc., the large government and military…more

Criminal Investigations, Department of Justice (DOJ), False Billing, False Claims Act (FCA), Federal Contractors

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Defense of Marriage Act: What the U.S. Supreme Court’s Windsor Decision May Mean for Employer-Sponsored Benefit Plans

Now that the U.S. Supreme Court has ruled in U.S. v. Windsor that the federal Defense of Marriage Act (“DOMA”) is an unconstitutional “deprivation of the equal liberty of persons that is protected by the Fifth Amendment of the…more

Discrimination, DOMA, Due Process, Employee Benefits, Equal Protection

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Is It Too Late to Arbitrate? The Supreme Court Clarifies the Test for Whether a Party Has Waived Its Right to Arbitrate

When a party files a lawsuit in court despite agreeing in the contract to arbitrate the dispute, the Federal Arbitration Act (FAA) entitles the responding party to file a motion to stay, or pause, the lawsuit and compel the case…more

Arbitration, Construction Industry, Federal Arbitration Act, Morgan v Sundance, Motion to Dismiss

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Raging Bull Decision Riles Hollywood, Thrills Plaintiffs

In June, the Supreme Court issued a landmark decision affecting copyright claims and defenses. The copyrighted work at issue was the popular motion picture Raging Bull, in which Robert DeNiro plays famous boxing champion Jake…more

Affirmative Defenses, Copyright, Copyright Infringement, Laches, MGM

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False Claims Act - 2021 Year in Review

The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars in…more

Alternate Remedy, Anti-Kickback Statute, CARES Act, Causation, Class Action

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Check for Bankruptcies with Your Claimant – You Might Find Gold | Insights & Events

If your company is named in a new lawsuit or receives a EEOC charge, part of your review process should include checking to see if the filing complainant or plaintiff has a pending bankruptcy action. If so, the next step is to…more

Disclosure, Employees, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

Yesterday, the U.S. Supreme Court agreed to decide a case that raises the issue of whether the United States government may be held liable as a data furnisher under the Fair Credit Reporting Act (FCRA) despite its invocation of…more

Attorney's Fees, Consumer Reporting Agencies, Fair Credit Reporting Act (FCRA), Liability, Noncompliance

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Important Business Tax Legislation to Watch in the 2024 Alabama Regular Session

As we strive to do annually, here is a summary of the major items of business tax legislation that have been introduced or we expect to be introduced during the 2024 regular session, which began February 6. From a tax and…more

Alabama, Business Licenses, Child Tax Credit, Legislative Agendas, Sales & Use Tax

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FTC Announces Withdrawal of Healthcare Policy Statements

As Bradley forecasted in February, the Federal Trade Commission (FTC) recently announced the withdrawal of two healthcare antitrust policy statements: Statements of Antitrust Enforcement Policy in Health Care (1996) and…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Dangers of Playing Nice: The IP Pitfalls Associated with Collaborative Branding

Collaborative branding is a marketing strategy where two businesses collaborate to increase the value of their brands. This co-branding allows the partner companies to share the costs of the collaboration while also expanding…more

Co-Branding, Co-Ownership, Collaboration, Corporate Branding, Intellectual Property Litigation

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Lessons from the CFPB’s First Remittance Transfer Rule Consent Order

In 2010, Congress amended the Electronic Funds Transfer Act (EFTA) by creating “a comprehensive system of consumer protections for money sent by U.S. consumers to individuals and businesses in foreign countries.” In 2013, the…more

Civil Monetary Penalty, Consent Order, Consumer Financial Protection Bureau (CFPB), EFTA, Enforcement Actions

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A Closer Look at the CFPB’s “Enhanced” Supervisory Appeals Process

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) announced what it heralded as a significant update to its Supervisory Appeals Process. The first of its kind since 2015, this revision introduced a seemingly…more

Appeals, Compliance, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Services Industry

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FTC Suing to Block Albertsons/Kroger Merger

The Federal Trade Commission (FTC) is suing to block the proposed $24.6 billion merger between supermarket giants Kroger and ACI, the parent company of Albertsons and Safeway, among other brands. The FTC has initiated two…more

Antitrust Division, Blocked Mergers, Class Action, Competition, Enforcement Actions

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Dude, Where’s My Liquidation?

Every election it seems like the country inches closer to cannabis being legal at the federal level. Until that day comes, however, the question of whether those in the cannabis industry can seek bankruptcy relief remains…more

Bankruptcy Court, Banks, Business Litigation, Business Operations, California

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Alabama Rewrites Its Noncompete Statute

The Alabama legislature recently passed a comprehensive revision of the state’s noncompete statute, and Governor Bentley has signed the act into law. The new statute will become effective January 1, 2016. The new statute does…more

Amended Legislation, Employer Liability Issues, Non-Compete Agreements, Reasonableness Factors

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11th Circuit Puts to Sleep Florida Anti-Woke Law Prohibiting Certain Workplace Training

You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that…more

Class Action, Discrimination, Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues

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Of Cars and Dwellings: Supreme Court of Wisconsin Expands the Meaning of “Dwelling,” Jeopardizing Vehicle Repossessions in the State

As the new year turns the page, the Supreme Court of Wisconsin, in Duncan v. Asset Recovery Specialists, Inc., held that a repo agency violated the Wisconsin Consumer Act by repossessing a vehicle parked in the borrower’s…more

Motor Vehicles, Repossess, WI Supreme Court

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Insurance in the Know (Part 1): Reservations of Rights Can Trigger Right to Independent Counsel

This is the first in a series of discussions about issues that arise on a regular basis after policyholders file an insurance claim. Many liability insurance policies require the insurer to defend the insured. This “duty to…more

Attorney-Client Privilege, Duty to Defend, Financial Institutions, Independent Counsel, Insurance Industry

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Contractor Recovers COVID-19-Related Additional Costs

The Armed Services Board of Contract Appeals (ASBCA), in the case of StructSure Projects, Inc., recently granted COVID-19-related costs to a contractor under a fixed-price contract. The key facts, holdings, and takeaways from…more

Board of Contract Appeals, Construction Litigation, Contractors, Federal Contractors, Fixed Price Contracts

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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New DOJ Guidance Portends New Defenses in False Claims Act Cases

Last week, the Department of Justice (DOJ) issued two separate memoranda with potentially far-reaching consequences. While the practical effect of these documents remains to be seen, they may provide another avenue of argument…more

Department of Justice (DOJ), Deregulation, Enforcement Actions, False Claims Act (FCA), Government Investigations

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Proceed at Your Own Risk: Government Entitled to Strict Compliance with Plans and Specifications

In Appeal of Watts Constructors, LLC, the Armed Services Board of Contract Appeals (the “Board”) held that a contractor was not excused from following contract plans and specifications despite the observation by government…more

Appeals, Building Inspectors, Construction Contracts, Construction Industry, Construction Project

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Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine?

The answer is it depends. Why is the employee refusing the vaccine? For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates

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The Government Shutdown and its Effect on the Real Estate Market

On September 30, the federal government shut down or significantly reduced staffing for many of its programs because of Congress’ failure to pass a budget for this fiscal year. The shutdown appears set to affect the real estate…more

Fair Housing Act (FHA), Fannie Mae, Freddie Mac, Government Shutdown, Mortgages

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Cannabis and the Candidates: Joe Biden

This is the first article in a three-part series focused on the intersection of the 2020 presidential election and cannabis policy in the United States. Each article will focus on the specific presidential candidates of the two…more

Cannabis Products, Decriminalization of Marijuana, Federal v State Law Application, Joe Biden, Legislative Agendas

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A Closer Look at the CFPB’s “Enhanced” Supervisory Appeals Process

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) announced what it heralded as a significant update to its Supervisory Appeals Process. The first of its kind since 2015, this revision introduced a seemingly…more

Appeals, Compliance, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Services Industry

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Where Old Meets New: Energy Transition Projects Collide with Oil, Gas Law

Over the course of a century of oil and gas development in the U.S., a robust body of law developed, covering virtually every aspect of E&P and interpreting every provision in oil and gas leases, joint operating agreements and…more

Contract Interpretation, Energy Projects, Energy Sector, Oil & Gas, Regulatory Agenda

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EEOC Issues Controversial Updated Enforcement Guidance on Pregnancy Discrimination

For the first time in over 30 years, the Equal Employment Opportunity Commission (EEOC) recently issued a comprehensive update to its guidelines on pregnancy discrimination. The EEOC’s Enforcement Guidance on Pregnancy…more

ADAAA, Americans with Disabilities Act (ADA), Discrimination, Employer Liability Issues, Enforcement Guidance

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COVID-19 Ripple Effects Are Coming – Lenders Must Get Ready

The coronavirus pandemic is affecting businesses large and small. Now is the time for lenders to prepare for its effect on business borrowers. …more

Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn, Financial Services Industry

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Newly Issued Vaccine Guidance Brings Increased Uncertainty for Nursing Home Operators and Staff

Among additional measures announced by the Biden administration on August 18 in response to the proliferation of the Delta variant of COVID-19, the Department of Health and Human Services is directed to implement guidelines in…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates

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Does Your Cyber Insurance Policy Cover a Ransomware Attack?

Some policyholders mistakenly assume that all cyber insurance policies provide coverage for much the same type of losses. But unlike many other types of commercial insurance, cyber has not become standardized in the years since…more

Business Interruption, Cryptocurrency, Cyber Insurance, Cybersecurity, Popular

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California Passes Legislation to Address Safety Concerns at Battery Energy Storage Facilities

In early October, California’s governor signed into law Senate Bill 38, which amends Section 761.3 of the California Public Utilities Code to address safety concerns with the booming battery energy storage (BESS) industry in the…more

Batteries, California, Construction Project, Energy Sector, Energy Storage

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Bipartisan Senate Bill Seeks To Weaken the False Claims Act’s Materiality Standard

On July 25, 2023, U.S. Senator Chuck Grassley (R-IA), introduced a bill that aims to, among other things, make it easier for the government to satisfy the False Claims Act’s materiality requirement when the government has made…more

Anti-Retaliation Provisions, False Claims Act (FCA), Fraud, GAO, Materiality

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Update on Texas Foreclosures Given Statewide Rise in COVID-19 Cases

As we previously reported in April, Texas’s initial approach to foreclosures in light of the coronavirus was “ad hoc” and the decision whether to halt foreclosures was left to the various counties in which the sales were…more

Coronavirus/COVID-19, Executive Orders, Governor Abbott, Orders of Prohibition, State and Local Government

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Déjà Vu All Over Again? DOL Proposes New Rule on Salaried Exemption Threshold

The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016 when…more

Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Can You Hear Me Now? Important Considerations for Avoiding Penalties under the TCPA after ACA International

In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of potential…more

ATDS, Auto-Dialed Calls, Corporate Counsel, FCC, Predictive Coding

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Fannie Mae to Test Drive Ditching Title Insurance

In a surprising shift from its current position, Fannie Mae is expected to roll out a pilot program this spring that waives title insurance requirements for certain loans sold to Fannie Mae, according to a recent report from…more

Fannie Mae, Pilot Programs, Title Insurance

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The Professional Services Exclusion: You May Not Have the Coverage You Think

Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think…more

Commercial General Liability Policies, Insurance Industry, Insurance Litigation, Negligent Construction, Professional Liability

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Bankruptcy, Coronavirus (COVID-19), and How Retailers Can Brace for the Impact

The brick-and-mortar retail industry has been in a state of flux since online retailers such as Amazon started business in the mid-‘90s. Recent years have been particularly difficult for retailers: in 2018, retailers represented…more

Business Interruption, Commercial Bankruptcy, Commercial Insurance Policies, Coronavirus/COVID-19

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Does the End Justify the Means? Privacy Advocates React to the Cooper Davis Act

This summer, a proposed amendment to the Controlled Substances Act known as the Cooper Davis Act (the “Act”) is making its way through congressional approvals and causing growing dissension between and among parents, consumer…more

Compliance, Controlled Substances Act, Counterfeiting, DEA, Department of Justice (DOJ)

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Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting FACTA…more

Article III, Breach of Confidence, Class Action, FACTA, Injury-in-Fact

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CMS Proposes Redesign of Medicare Shared Savings Program - Healthcare Alert

On August 9, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would redesign the Medicare Shared Savings Program (MSSP). The proposed changes would accelerate the risks associated with…more

ACOs, Benchmarks, Beneficiary Designations, CEHRT, Centers for Medicare & Medicaid Services (CMS)

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Lexology Employment Guide: Mississippi

Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi. This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination,…more

Agribusiness, Documentation, Employees, Employment Contract, Employment Discrimination

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Louisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA

A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for an oil and gas project being performed by defendants in Saudi Arabia. The…more

Arbitration, Commercial Arbitration, Contract Disputes, DIFC, Dispute Resolution

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Fannie Mae Issues Fair Servicing Best Practices Guide

This week, in line with the CFPB’s ever-increasing focus on fair lending, Fannie Mae issued a Fair Servicing Best Practices Guide to promote “servicer awareness of fair servicing best practices.” Taking a big picture approach,…more

Advisory Opinions, Best Practices, Compliance, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Annual Report Filing Deadline in Mississippi

If you are responsible for a for-profit corporation or a limited liability company operating in the State of Mississippi, please be aware of the upcoming April 15 deadline to file your mandatory 2015 Annual Report. Failure to…more

Annual Reports, Business Entities, Filing Deadlines, Secretary of State

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Questions to Consider as Regulators Increase Scrutiny of Medical Debt

Over the last year and a half, the Consumer Financial Protection Bureau (CFPB) has become increasingly interested in the origination, servicing, and collection of medical debt. The CFPB alone has published several pieces of…more

Centers for Medicare & Medicaid Services (CMS), Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Debt, Debt Collectors

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Expansion of Federal Reserve’s Municipal Liquidity Facility

On April 27, 2020, the Federal Reserve announced major changes to its Municipal Liquidity Facility (MLF) initiative. These changes were designed to expand and ease the eligibility requirements for governmental bodies to access…more

Coronavirus/COVID-19, Federal Reserve, Funding, Liquidity, Municipal Liquidity Facility (MLF)

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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False Claims Act: 2016 Year in Review

We are pleased to present Bradley’s annual review of significant False Claims Act (FCA) cases, developments, and trends. From a relatively short article several years ago, the Review has grown to a significant publication that…more

Anti-Kickback Statute, Appeals, Calculation of Damages, Civil Monetary Penalty, Defense Contracts

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Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,…more

Appeals, Confession of Judgment, Consumer Contracts, Consumer Lenders, Consumer Protection Act

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CFPB Invokes “Dormant” Authority and Unveils First Public Supervisory Designation of a High-Risk Nonbank Installment Lender

Nearly two years ago, in April 2022, the CFPB issued a press release announcing its intent to start exercising its authority to examine non-bank financial services institutions that the CFPB has “reasonable cause to determine…more

Appeals, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Non-Bank Lenders

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False Claims Act - 2022 Year in Review

In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Golf Course Copyright Bill Implications Go Beyond The Green

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against Digital…more

Architects, Artificial Intelligence, Authorship, Copyright, Copyright Ownership

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Mississippi CON Report

1. CON – Final Orders a. CON Review Number: FS-NIS-0216-002 – Oxford Pre-Op & Imaging Center, LLC d/b/a Oxford Pre-OP & Imaging Center – Acquisition or Otherwise Control of Magnetic Resonance Imaging (MRI) and Offering of…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare Facilities, Inpatient Rehab Facilities

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The Sunshine Act Final Rule: CMS Sheds Light on Reporting Physician and Teaching Hospital Payments

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) released a final rule implementing the Physician Payment Sunshine Act (the “Act”). The Act requires certain manufacturers of covered drugs, devices, and…more

Applicable Manufacturers, Biologics, Centers for Medicare & Medicaid Services (CMS), Covered Recipients, Disclosure Requirements

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DOL Issues Interim Final Rule on Lifetime Income Disclosures for Defined Contribution Plans

The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 required, for the first time, that administrators of defined contribution plans (such as 401(k) plans) provide participants with disclosures…more

401k, Defined Contribution Plans, Department of Labor (DOL), EBSA, Interim Final Rules (IFR)

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Georgia Passes Historic Mortgage Licensing Law

On May 2, 2022, Georgia Gov. Brian Kemp signed SB 470, which amends provisions of Georgia’s banking laws relating to the denial or revocation of a mortgage license or registration due to certain felony convictions. SB 470 will…more

Governor Kemp, Mortgage Lenders, Mortgage Loan Originators, SAFE Act

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Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Tennessee (Again) Expands Brownfield Redevelopment Incentives

For the third time in four years, Tennessee has expanded brownfield redevelopment incentives. On March 31, 2023, Gov. Bill Lee signed into law SB0271, legislation amending brownfield redevelopment laws related to franchise and…more

Brownfield Properties, Economic Development, Excise Tax, Franchise Taxes, Governor Lee

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Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

As discussed in prior posts and articles (here, here and here), in 2019 Congress passed the Small Business Reorganization Act creating new Subchapter V of Chapter 11 of the Bankruptcy Code. The purpose of Subchapter V was to…more

Bankruptcy Code, Chapter 11, Exceptions, Small Business, Small Business Reorganization Act of 2019 (SBRA)

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Software Inventions Face New USPTO Standards for Patenting

The lack of clarity in the law with regards to patent subject matter eligibility under 35 U.S.C. § 101 has made it difficult for patent attorneys to advise their clients with regards to patent protection for software inventions…more

Abstract Ideas, Examiners, Intellectual Property Protection, Inventions, Inventive Concept Test

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False Claims Act - 2021 Year in Review

The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars in…more

Alternate Remedy, Anti-Kickback Statute, CARES Act, Causation, Class Action

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CFPB Issues Proposal to Amend Mortgage Servicing Rules

Yesterday, the Consumer Financial Protection Bureau (CFPB) proposed additional amendments to Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA), and Regulation Z, which implements the Truth in…more

Consumer Financial Protection Bureau (CFPB), Mortgage Servicers, Mortgage Servicing Rules, Mortgages, Proposed Amendments

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Big Government Projects, Big Labor Expectations

A final rule amending the Federal Acquisition Regulation, 48 C.F.R. 22.503, A final rule amending the Federal Acquisition Regulation, 48 C.F.R. 22.503, which governs “project labor agreements” on “large-scale construction…more

Biden Administration, Construction Industry, Construction Project, Executive Orders, Federal Contractors

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Tennessee Passes Comprehensive Data Privacy Law

Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection Act…more

Carve Out Provisions, Consumer Privacy Rights, Covered Entities, Data Collection, Data Controller

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Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state…more

Anti-Discrimination Policies, Employees, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Exemptions

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FEC Raises Contribution Limits to Keep Pace with Inflation

Following historic levels of inflation in 2022, the Federal Election Commission (FEC) announced a major increase to contribution limits for 2023-2024 — the largest in nearly two decades. Most of the changes impact…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), PACs

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The 5 Most Important Bid Protest Decisions Of 2023

In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid…more

Bid Protests, Commercial Litigation, Contract Disputes, Court of Federal Claims, Federal Contractors

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Weathering the Storm: How to Navigate Safety Incidents

What do you do when you have a safety incident on a job? Are you prepared? This article will focus on some things to consider if you have a safety incident. Assistance - The No. 1 priority should be to safely assist anyone…more

Construction Industry, Employer Liability Issues, Incident Response Plans, OSHA, Reporting Requirements

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Subpoena Responses for Financial Institutions

Financial services companies, such as banks, credit unions, lenders, finance companies, loan servicers, broker-dealers, and securities firms, often receive subpoenas from parties in litigation involving their customers,…more

Arbitration, Banking Sector, Banks, Broker-Dealer, Credit Unions

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Minimum Staffing Requirements for Nursing Homes Pose Regulatory Risks

As the nation continues to open back up in the wake of COVID-19, individual communities and providers continue to face significant staffing shortages and financial pressures. A June 2021 Senior Housing News article reported that…more

Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Workers

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Alabama Supreme Court Narrows Grounds to Challenge Mortgage Foreclosure Sales

The Alabama Supreme Court recently issued a major published decision on circumstances in which a residential borrower can challenge a mortgage foreclosure sale. In Littlefield v. Smith, the court elevated the bona fide purchaser…more

AL Supreme Court, Foreclosure, Lenders, Mortgage Servicers, Mortgages

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Miller Act Suit Stayed until CDA Remedies Exhausted

A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements on…more

Appeals, Bonds, Construction Contracts, Construction Industry, Construction Litigation

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Is a Foreclosure Crisis Looming in Our Nation’s Capital?

The District of Columbia Court of Appeals recently sent a new set of shockwaves through the mortgage industry in the nation’s capital when it released its decision in Andrea Liu v. U.S. Bank National Association. Having held…more

Condominium Act, Condominium Associations, Condominiums, Foreclosure, Legislative Agendas

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New Decision from the D.C. Court of Appeals Recognizes Additional Defenses to HOA Super-Priority Lien Statute

As we noted in last week’s blog post, the District of Columbia Court of Appeals issued a decision on March 1, 2018, that created a new wave of uncertainty for lenders with loans secured by deeds of trust on condominium units in…more

Condominium Associations, Condominiums, Deed of Trust, Foreclosure, Homeowners Association (HOA)

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False Claims Act - 2022 Year in Review

In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

See all updates »

When Is a Waiver of the Right to Arbitrate a Waiver?

Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a 2018…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Commercial Contracts

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CFPB Proposed Rule Could Allow Agencies without Jurisdiction to Access CSI

The CFPB issued a proposed rule which significantly affects third-party access to information obtained by the Bureau. In addition to public requests under the Freedom of Information Act, the Privacy Act of 1974 and in legal…more

Banking Sector, Comment Period, Confidential Information, Confidential Supervisory Information, Consumer Financial Protection Bureau (CFPB)

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Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements..…more

Appeals, Class Action, Class Representatives, FRCP 23, Incentive Awards

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CMS Proposes Significant E/M Coding and Documentation Changes - Healthcare Alert

On July 27, 2018, the Centers for Medicare & Medicaid Services (CMS) published its proposed annual update to the Medicare Physician Fee Schedule, which proposes changes to the E/M coding and documentation process that CMS…more

Centers for Medicare & Medicaid Services (CMS), Coding, HCPCS, Health Care Providers, Health Information Technologies

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Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute

In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when…more

Appeals, Construction Contracts, Construction Industry, Construction Litigation, Federal Acquisition Regulations (FAR)

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We Wish You a Happy Thanksgiving as We Count Our Blessings

As we all hit the grocery store for that forgotten cranberry sauce and send a few last urgent work emails, we hope everyone is able to be with friends and family this Thanksgiving. Here at Bradley, we are counting our blessings…more

Anti-Discrimination Policies, Automatic Stay, Bankruptcy Code, CARES Act, Consumer Financial Protection Bureau (CFPB)

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Network Topology and Network Mapping: The NIST Cybersecurity Framework – Part 2

A previous installment discussed the centrality of network topology to an organization’s data security and outlined the legal framework and obligations incumbent upon many organizations in the U.S. The first installment can be…more

Cyber Incident Reporting, Cybersecurity, Cybersecurity Framework, Data Protection, Data Security

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Alabama Medical Cannabis Study Commission Holds Final Meeting - Cannabis Industry News Alert

The Alabama Medical Cannabis Study Commission held its fourth and final meeting in Montgomery on November 7. As in the previous meetings, the meeting was organized around presentations from individuals representing different…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Marijuana, Marijuana Related Businesses

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The Real Estate Joint Venture: Watch Your Step on This Path to Riches

Most of our posts focus on issues related to Texas private companies such as LLCs or corporations, but the real estate joint venture (JV) is another distinct but common way for two or more private parties to form a legal entity…more

Commercial Real Estate Market, Joint Venture, Partnerships, Real Estate Development, Real Estate Investments

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California Prepares to Add New Student Loan Servicing Regulations

The California Department of Financial Protection and Innovation (DFPI) recently issued a Notice of Modification to Proposed Regulations and published the newly modified proposed regulations to amend its student loan servicing…more

California, Department of Financial Protection and Innovation (DFPI), Income Share Agreements, Loan Servicing, Notice of Proposed Rulemaking (NOPR)

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Only in the Movies? Court Suspends Lawyer for Breaching Attorney–Client Privilege

Have you ever heard a story and thought, “That only happens in the movies!”? Well, this story may invoke that thought, but unfortunately for one lawyer, it transpired in real life. Although the rule is clear that lawyers cannot…more

Attorney-Client Privilege, Privileged Communication, Professional Disciplinary Actions, Rules of Professional Conduct, Suspensions & Debarments

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The Changing Landscape of Noncompete Laws: State Updates

As employers know, the rules surrounding noncompete provisions remain in flux. Earlier this month, California enacted new legislation, Senate Bill No. 699, impacting and further restricting noncompete provisions and echoing the…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Summary of Recent Amendments to Alabama’s Public Works Statutes

The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes: Section 39-1-1 - Section 39-1-1 mandates…more

Alabama, Federal Contractors, Funding, New Amendments, Public Bidding

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Regulatory Considerations in Acquisitions of Troubled Long Term Care Facilities

Post-acute and long term care providers have endured a state of distress since March 2020, not only from the challenges created by the COVID-19 virus, but also from ever-increasing regulatory compliance burdens, changes in…more

Acquisitions, Acute Facilities, Buyers, Capital Requirements, Centers for Medicare & Medicaid Services (CMS)

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California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies

In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the…more

Appeals, California, Construction Defects, Construction Industry, Construction Litigation

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Déjà Vu for Federal Contractors with Salary History Ban?

On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information about…more

Biden Administration, Coronavirus/COVID-19, Department of Labor (DOL), Executive Orders, Federal Acquisition Regulations (FAR)

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Florida Homestead Exemption Applies Only to U.S. Citizens and Permanent Residents

A bankruptcy judge in the Middle District of Florida recently sustained a Chapter 7 trustee’s objection to a non-Florida resident debtor’s attempted claim of the Florida homestead exemption. Although the debtor had lived in her…more

Bankruptcy Court, Chapter 7, Citizens, Creditors, Florida

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Alabama CON Report

I. Certificate of Need Program - A. AL2018-008, Eastchase Operations, LLC d/b/a The Crossings at Eastchase, Montgomery, AL: Proposes to construct and operate thirty-two (32) Specialty Care Assisted Living Facility (“SCALF”)…more

Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need, Health Care Providers, Healthcare Facilities

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Year-End Tax Planning with Tax Credit-Funded Scholarships

The Alabama Accountability Act provides state income tax credits to certain donors who make contributions to a state-approved scholarship granting organization (SGO). Alabama’s neediest school children can be helped at little or…more

Charitable Donations, Department of Revenue, Public Schools, Scholarships, State and Local Government

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Georgia Passes Historic Mortgage Licensing Law

On May 2, 2022, Georgia Gov. Brian Kemp signed SB 470, which amends provisions of Georgia’s banking laws relating to the denial or revocation of a mortgage license or registration due to certain felony convictions. SB 470 will…more

Governor Kemp, Mortgage Lenders, Mortgage Loan Originators, SAFE Act

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Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements..…more

Appeals, Class Action, Class Representatives, FRCP 23, Incentive Awards

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New IRS SECURE 2.0 Act Guidance

The Internal Revenue Service (IRS) recently published Notice 2024-2, which provides guidance on several sections of the SECURE 2.0 Act of 2022. This article highlights some of the more significant changes affecting retirement…more

401k, 403(b) Plans, Automatic Enrollment, Compensation & Benefits, Employee Benefits

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Tennessee CON Report

I. August 2017—Tennessee Certificate of Need Meeting - The agency approved the following applications during the August 23 meeting. A. Consent Agenda - 1. Vanderbilt University Medical Center, Nashville (Davidson…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals

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IRS Provides Additional Clarity Regarding Donations to Scholarship Granting Organizations - SALT Alert: Alabama Edition

On December 16, the Internal Revenue Service (IRS) and the Treasury Department issued proposed regulations... that provide some good news and needed clarification for C corporations, individuals, and S corporations and other…more

C-Corporation, Charitable Donations, Income Taxes, Internal Revenue Code (IRC), IRS

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The False Claims Act in 2023: A Government Enforcement Update

This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department…more

Cybersecurity, Department of Justice (DOJ), Enforcement, False Claims Act (FCA), Fraud

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FEC Raises Contribution Limits to Keep Pace with Inflation

Following historic levels of inflation in 2022, the Federal Election Commission (FEC) announced a major increase to contribution limits for 2023-2024 — the largest in nearly two decades. Most of the changes impact…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), PACs

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In His Trademark Era: Will Travis Kelce be Successful in Filing a Trademark Application to Protect His Name?

Is Travis Kelce’s newfound status as Taylor Swift’s boyfriend enough to meet the United States Patent and Trademark Office’s (USPTO) “acquired distinctiveness” standard? He plans to find out with the help of Time Person of the…more

Acquired Distinctiveness, Intellectual Property Protection, Trademark Registration, Trademarks, USPTO

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Rocky Top Update – A Summary of the Tennessee Medical Cannabis Commission’s October Meeting

As we’ve noted before, Tennessee is likely to be the last Deep South state to legalize medical cannabis. But given the pace at which states have legalized (38 states plus the District of Columbia), last doesn’t necessarily mean…more

Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Legislative Agendas, Licensing Rules, Marijuana

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Defense of Marriage Act: What the U.S. Supreme Court’s Windsor Decision May Mean for Employer-Sponsored Benefit Plans

Now that the U.S. Supreme Court has ruled in U.S. v. Windsor that the federal Defense of Marriage Act (“DOMA”) is an unconstitutional “deprivation of the equal liberty of persons that is protected by the Fifth Amendment of the…more

Discrimination, DOMA, Due Process, Employee Benefits, Equal Protection

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SEC Issues Stern Reminder for Timely Filing of Beneficial Ownership Reports

After years of little enforcement action, the Securities and Exchange Commission (“SEC”) issued a press release yesterday announcing charges against 28 officers, directors, or major shareholders for violating federal securities…more

Beneficial Owner, Deadlines, Directors, Enforcement, Enforcement Actions

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2024 Already?! The Types of Issues Employers Will Be Facing in the New Year

Well, that went fast. The year 2023 is coming to a close, and 2024 is shaping up to be a challenging year for employers with several potential changes and challenges lurking on the horizon..…more

Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Exemptions, Fair Labor Standards Act (FLSA)

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NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public…more

Appeals, Energy Sector, FERC, Natural Gas, Oil & Gas

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Does the End Justify the Means? Privacy Advocates React to the Cooper Davis Act

This summer, a proposed amendment to the Controlled Substances Act known as the Cooper Davis Act (the “Act”) is making its way through congressional approvals and causing growing dissension between and among parents, consumer…more

Compliance, Controlled Substances Act, Counterfeiting, DEA, Department of Justice (DOJ)

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The Risk of Fighting on Two Fronts: Court Admits Evidence of General Contractor’s Claims Against Other Parties

The court in AECOM v. Flatiron is back at it issuing additional evidentiary rulings as the parties head to trial later this month. These latest rulings highlight the risk of seeking the same damages from multiple parties,…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Damages

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Weathering the Storm: How to Navigate Safety Incidents

What do you do when you have a safety incident on a job? Are you prepared? This article will focus on some things to consider if you have a safety incident. Assistance - The No. 1 priority should be to safely assist anyone…more

Construction Industry, Employer Liability Issues, Incident Response Plans, OSHA, Reporting Requirements

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New Mortgage Licensing Requirements Come to the West

During this pandemic, both Idaho and South Dakota have been busy adding new mortgage licensing requirements. As discussed below, these new licensing requirements will materially impact mortgage lenders and servicers doing…more

Borrowers, Licensing Rules, Mortgage Lenders, Mortgage Loan Originators, Mortgages

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NYDFS’s New (and Expanded) Servicer Vendor Management Expectations

Originally proposed by the New York Department of Financial Services (NYDFS) in 2019 and constituting what the Mortgage Bankers Association has described as “the first major update to Part 419 since its adoption almost 10 years…more

Comptroller, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Services Industry, Mortgage Bankers Association

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Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate

Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where…more

Appeals, Arbitration, Arbitration Agreements, Construction Disputes, Construction Industry

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NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public…more

Appeals, Energy Sector, FERC, Natural Gas, Oil & Gas

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Assessing the Playing Field After Mississippi’s Medical Cannabis Opt-Out Deadline Expires

May 4th celebrates Star Wars, and May 5th is Cinco de Mayo. While not as popular, May 3rd still likely means a lot of different things to a lot of different people. But, in Mississippi, in 2022, May 3rd was a date circled on…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Deadlines, Legislative Agendas, Licenses

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FEMA Public Assistance Arbitrations at the CBCA

The Federal Emergency Management Agency (FEMA) provides funding to eligible applicants under the Public Assistance (PA) program to help applicants in responding to and recovering from presidentially declared major disasters and…more

Administrative Law Judge (ALJ), Arbitration, CBCA, FEMA, Public Assistance

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Privacy Crisis: Does Personal Privacy Matter During a Pandemic?

This is the first alert in a series of Bradley installments on privacy issues that may arise during the current COVID-19 pandemic. This first installment focuses on disclosure of personally identifiable health information under…more

Coronavirus/COVID-19, Data Privacy, Electronic Protected Health Information (ePHI), Government Agencies, Health Insurance Portability and Accountability Act (HIPAA)

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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How’d You Score That? CFPB Fines Experian Because of Misleading Credit Score Marketing

Whether it’s a football game, a standardized test, or a person’s credit, scores matter. In the case of consumer credit scores, the difference between falling in the high and low ends of the score spectrum impacts the financial…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Credit Reports, Experian

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Growing Consensus in the Courts of Appeals against Alternative-Citizenship Theory of Diversity under CAFA

If a putative class of plaintiffs, all citizens of State A, sues a corporate defendant, which the law considers to be a citizen of State A and State B, in state court, may the defendant remove the case to federal court under the…more

Appeals, Article III, CAFA, Citizenship, Diversity Jurisdiction

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South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower Litigation

In a ruling that will provide guidance on when lenders must raise a foreclosure counterclaim in a borrower lawsuit, the South Carolina Court of Appeals in Deutsche Bank National Trust Company v. Estate of Patricia Ann Owens…more

Borrowers, Compulsory Claims, Deutsche Bank, Foreclosure, Lenders

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Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and gas…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Contract Interpretation

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Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?

The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no…more

Appeals, Fraud, Trademark Cancellation, Trademark Registration, Trademark Trial and Appeal Board

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You Get Paid Leave! And You Get Paid Leave! USERRA Gets You Paid Military Leave!

The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the…more

Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies, Military Leave

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W.Va. Consumer Law Changes Offer Help For Finance Cos.

On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West Virginia…more

Attorney's Fees, Consumer Credit Protection Act (CCPA), Financial Services Industry, Governor Justice, New Amendments

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

Can a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?

In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is located…more

Alabama, Construction Industry, Construction Project, Contractors, Enforcement Actions

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Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024

The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in…more

Cybersecurity, Data Breach, Data Security, Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and gas…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Contract Interpretation

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Distressed Long Term Care Assets: Receiverships

It is not a secret that the long term care and senior housing industry continues to experience significant financial distress due to, among other things, the lingering effects of the COVID-19 pandemic and rising interest rates…more

Buyers, Coronavirus/COVID-19, Distressed Assets, Financial Distress, Healthcare

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Tennessee Property Tax Assessment Appeals: Davidson County in Reappraisal Year

With Davidson County and several other Tennessee counties in reappraisal years, we remind Tennessee property owners that now is the time to request an appointment to appeal real or personal property assessments if you disagree…more

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North Carolina Muddies the Water on the Economic Loss Doctrine

A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later…more

Breach of Contract, Construction Contracts, Construction Industry, Construction Litigation, Economic Loss Doctrine

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What’s in a Name? Too Much to Trademark According to the USPTO

With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First…more

Appeals, First Amendment, Intellectual Property Protection, Lanham Act, Oral Argument

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Truly Understanding NFJE's Diversity

NFJE annually opens its NFJE Symposium to appellate judges from all over the country and from all walks of life without regard to race, ethnicity, socioeconomic status, gender identity or sexual orientation. But NFJE…more

Appellate Courts, Diversity, Diversity and Inclusion Standards (D&I), Ethnicity, Gender Identity

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Ready for Launch (Finally): Settlement Paves the Way for EB-5 Financing Options

Subsequent to the March 15, 2022, enactment of the EB-5 Reform and Integrity Act of 2022 (the “Integrity Act”), the United States Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security…more

Borrowers, Class Action, EB-5, EB-5 Regional Centers, Financial Services Industry

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CARES Act Augments Small Business Loan Programs: What You Need to Know to Act Now

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) intending to address and alleviate much of the economic stress resulting from the Coronavirus…more

CARES Act, Coronavirus/COVID-19, Eligibility, Paycheck Protection Program (PPP), Relief Measures

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SBA Issues Interim Final Rule on PPP Loan Forgiveness

Under the Paycheck Protection Program (PPP), borrowers can seek loan forgiveness of the full principal amount of loans as early as eight weeks after disbursement of the loan proceeds. On May 22, 2020, the U.S. Small Business…more

Applications, Borrowers, CARES Act, Coronavirus/COVID-19, FTEs

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Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements..…more

Appeals, Class Action, Class Representatives, FRCP 23, Incentive Awards

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Guest Column: For Alabama Companies Doing Business in Afghanistan, Some Legal Thoughts

The unprecedented speed of the collapse of the former Afghan central government is a humanitarian tragedy. The magnitude of which is rightfully distracting from the immediate near-term and long-term legal issues that those who…more

Afghanistan, Biden Administration, Business Entities, Economic Sanctions, Export Controls

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Cannabis and Evidence: Budding Trends in Trial Advocacy

For as long as there have been rules of evidence and courtrooms, there have been products that can impair litigants or witnesses—and products whose use carries the potential to trigger certain stigmas in the eyes of the finders…more

Admissible Evidence, Agribusiness, Cannabis Products, Controlled Substances Act, Crime-Fraud Exception

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Georgia Exempts Manufactured Home Retailers/Brokers from Mortgage Broker Licensing

Effective July 1, 2019, Georgia House Bill 212 will affirmatively exempt retailers or retail brokers of manufactured or mobile homes from the state’s “mortgage broker” definition under Ga. Code Ann. § 7-1-1000. The bill…more

Amended Rules, Exemptions, Licensing Rules, Manufactured Housing, Mobile Homes

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A Sight for Sore Eyes: Sixth Circuit Rejects Government’s Expansive AKS and FCA Theories in Ophthalmologist Dispute

This week, the Sixth Circuit closed two paths the government and relators have tried to take to expand liability for medical providers under the Anti-Kickback Statute (AKS) and False Claims Act (FCA): the meaning of…more

Anti-Kickback Statute, Causation, False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is…more

Commercial Tenants, Federal v State Law Application, Insurance Industry, Landlords, Marijuana

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Spotlight on Minimum Staffing Standards in Long Term Care Facilities

The long term care industry is currently in the midst of a labor crisis, with nursing homes in particular experiencing chronic and severe staffing shortages. Even before the COVID-19 pandemic, a rapidly aging population,…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare, Healthcare Facilities

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BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS 2985…more

Clawbacks, Document Productions, Document Review, Email, Record Preservation

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False Claims Act - 2021 Year in Review

The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars in…more

Alternate Remedy, Anti-Kickback Statute, CARES Act, Causation, Class Action

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What to Expect When You’re Expecting a Biometric Class Action: Settlements

Biometric class actions have proliferated in recent years — and with more states eyeing comprehensive data privacy legislation, companies that use biometric data should plan for the surge to grow. With rare exceptions, these…more

Biometric Information, Biometric Information Privacy Act, Class Action, Corporate Counsel, Data Privacy

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FAR Council Issues Final Rule on Accelerated Payments to Small Businesses

The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This noteworthy…more

Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules, General Services Administration (GSA)

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Arizona Attorney General Deems Delta-8 and Delta-10 Controlled Substances in Controversial Opinion

Novel psychiatric cannabinoids legalized by the 2018 Farm Bill remain under attack by state regulators. Most recently, the Arizona attorney general opined that “Arizona law does not permit the sale of delta-8 and other…more

Arizona, Cannabis Products, Controlled Substances, Farm Bill, Hemp

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In Midst of COVID-19 Pandemic, Plaintiff Sues to Challenge Tennessee’s Vote-By-Mail Procedures

Heading into this year, 2020 was set to be one of the most interesting and consequential elections in recent history. However, the 2020 election cycle has been upended by the spread of the deadly COVID-19 virus. Voters standing…more

Absentee Voting, Coronavirus/COVID-19, Governor Lee, Mail-In Ballots, State and Local Government

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US Regional Employment 2021: Alabama | Insights & Events

Law and Practice Chambers - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary…more

Alabama, Black Lives Matter, Compensation & Benefits, Coronavirus/COVID-19, Discrimination

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Coronavirus Economic Stabilization Act of 2020: Implications for Consumer Financial Services

On Friday, President Trump signed the Coronavirus Economic Stabilization Act of 2020 (CARES Act). The significant legislation directs more than $2 trillion into fighting the COVID-19 pandemic and stimulating America’s economy…more

CARES Act, Consumer Financial Products, Coronavirus/COVID-19, Financial Services Industry

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Congress Passes “Stimulus 3.5” to Aid Small Businesses, Hospitals, and Virus Testing

The House and Senate have passed the latest round of emergency stimulus measures to address the COVID-19 crisis – a $484 billion package geared toward helping small businesses and hospitals negatively affected by the virus…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Hospitals

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

Advance Directives in Long Term Care

Long term care facilities often serve as primary healthcare settings for end-of-life decision making. Anywhere from 45-70% of older adults facing end-of-life circumstances are unable to make their own healthcare decisions…more

Advance Directives, Health Care Providers, Healthcare, Liability, Long Term Care Facilities

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Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1,…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, New Legislation

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Tennessee CON Report

I. August 2017—Tennessee Certificate of Need Meeting - The agency approved the following applications during the August 23 meeting. A. Consent Agenda - 1. Vanderbilt University Medical Center, Nashville (Davidson…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals

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Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration

I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well…more

Arbitration, Arbitration Agreements, Binding Arbitration, Construction Contracts, Construction Disputes

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New Jersey LGBTQI & HIV+ Long Term Care Residents Bill of Rights: Are You Compliant?

The New Jersey Legislature joined a handful of states, including Illinois, California and Massachusetts, in enacting statutory protections and rights for LGBTQI and HIV+ residents of long term care facilities with the passage of…more

Anti-Discrimination Policies, Discrimination, Healthcare, HIV, LGBTQ

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Important Business Tax Legislation to Watch in the 2024 Alabama Regular Session

As we strive to do annually, here is a summary of the major items of business tax legislation that have been introduced or we expect to be introduced during the 2024 regular session, which began February 6. From a tax and…more

Alabama, Business Licenses, Child Tax Credit, Legislative Agendas, Sales & Use Tax

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Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration before…more

Appeals, Arbitration, Arbitration Awards, Arbitrators, Construction Disputes

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SEC Broadens the Accredited Investor Definition for Private Offerings

On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments to the definition of “accredited investor,” allowing individual investors with certain financial knowledge and professional expertise to qualify…more

Accredited Investors, Investors, Private Offerings, Proposed Amendments, Qualified Institutional Buyers

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When Strikes Break New Ground: The Legal Implications for Workers Engaged in Protest

In the realm of labor disputes, strikes have long served as a powerful tool for workers to voice grievances and push for improved working conditions. However, the line between peaceful protest and unlawful behavior can be…more

Collective Bargaining, Construction Industry, Construction Litigation, Contractors, Employer Liability Issues

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Summary of Recent Amendments to Alabama’s Public Works Statutes

The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes: Section 39-1-1 - Section 39-1-1 mandates…more

Alabama, Federal Contractors, Funding, New Amendments, Public Bidding

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SEC Issues Stern Reminder for Timely Filing of Beneficial Ownership Reports

After years of little enforcement action, the Securities and Exchange Commission (“SEC”) issued a press release yesterday announcing charges against 28 officers, directors, or major shareholders for violating federal securities…more

Beneficial Owner, Deadlines, Directors, Enforcement, Enforcement Actions

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Conducting Public Meetings During the COVID-19 Pandemic

On March 30th and April 2nd, Tennessee Gov. Bill Lee issued Executive Orders No. 22 and No. 23, respectively, which instituted a statewide Safer at Home Order to remain in effect until April 14, 2020. Many cities and counties…more

Coronavirus/COVID-19, Executive Orders, Governor Lee, Health and Safety, Open Meetings Act

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Texas Hold ‘Em: Lone Star State Enacts New Notice Law Regarding Workplace Violence

Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago, Texas…more

Employee Training, General Duty Clause, Healthcare, Labor Code, New Legislation

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Time to Review Your Confidentiality Agreements: New Federal Trade Secrets Act Creates Private Right of Action and Imposes New Employer Obligations

The Defend Trade Secrets Act of 2015 (DTSA), which establishes a new federal private right of action for trade secret misappropriation, is now the law. Trade secrets, the fourth leg of the intellectual property chair, have long…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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Small Lenders May Get Relief from New Home Mortgage Disclosure Act Reporting Requirements

On January 18, 2018, the House gave small lenders a late Christmas present when it passed H.R. 2954 known as the Home Mortgage Disclosure Adjustment Act. The act amends the existing Home Mortgage Disclosure Act (HMDA) by easing…more

Banking Sector, Consumer Financial Protection Bureau (CFPB), HMDA, Mortgage Lenders, Mortgages

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Best Practices on Maintaining Personnel Files

Personnel files, employee files, employee records… no matter what you call them, you probably know they are important. But why, exactly? Below is a refresher on the importance of personnel files and best practices for…more

Best Practices, Employees, Employer Liability Issues, Personnel Records

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Delta-Nope: Florida Poised to Ban Delta-8 and Delta-10 Products

Earlier this week, the Florida legislature passed a bill (SB 1698) that will limit the amount of THC in hemp-derived products and threatens to upend the novel cannabinoid industry in the state. For the past few years, Florida…more

Agricultural Sector, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana

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Canadian Confidential: Mandatory Data Breach Notifications under PIPEDA

While businesses and consumers were all agog to see the latest variation of the California Consumer Privacy Act passed earlier this year, Canada quietly introduced its latest permutation to the Personal Information Protection…more

Canada, Cross-Border, Cybersecurity, Data Breach, Data Privacy

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This Will Be Our Year, Took a Long Time to Come: Will 2024 Be the Year for Marijuana Legalization in North Carolina?

Once hailed by observers as the southern state most likely to legalize marijuana first, North Carolina has not kept pace with its northern neighbors in adopting laws to promote the growth of a vibrant medicinal and personal-use…more

Cannabis Products, Decriminalization of Marijuana, Hemp, Legislative Agendas, Marijuana

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Mortgage Servicer Must Post ACH Payment on Date of Authorization, Appeals Court Says

In Fridman v. NYCB Mortgage Co., the U.S. Court of Appeals for the Seventh Circuit recently held that If a customer authorizes an electronic payment via the servicer’s website, the servicer must credit the payment as of the date…more

ACH Payments, Mortgage Servicers, Regulation Z

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No Free Houses—Florida Supreme Court Approves Fifth DCA’s Bartram Decision and Extension of Singleton v. Greymar

The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and…more

Default, Dismissals, FL Supreme Court, Foreclosure, Mortgage Lenders

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Federal Circuit Rolls Back Geographic Descriptiveness Rejections for Trademark Applications

I’m sure Newbridge, Ireland, is a lovely place, but most Americans haven’t heard of it. That was the spirit of the Court of Appeals for the Federal Circuit’s decision in In re Newbridge Cutlery Co., involving the trademark…more

Geographically Descriptive, Trademarks

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$25.5 Million Oklahoma Verdict: Jackpot Justice or Case Study on Bad Faith Litigation?

We all know how prevalent bad faith claims are. It seems like almost every case involving disputed policy benefits includes one. Many have no merit and should be disposed of on summary judgment. The rest, however, arguably have…more

Bad Faith, Breach of Contract, Denial of Insurance Coverage, Insurance Litigation, Jury Verdicts

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Court Sends Wind Farm Developer Spinning by Ordering Removal of Wind Turbines in Significant Mineral Rights Holding

Recently, in United States v. Osage Wind, LLC, the Northern District of Oklahoma awarded permanent injunctive relief in favor of the Osage Nation and the United States against wind turbine farm developers in the form of…more

Energy Projects, Injunctive Relief, Land Developers, Mineral Rights, Mining

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Bringing Work Home: Emerging Limits on Monitoring Remote Employees

Along with the increasing number of remote work arrangements available to employees in the wake of the COVID-19 pandemic has come an exponential rise in employers’ use of employee monitoring technology. Nearly 80% of major U.S…more

Coronavirus/COVID-19, ECPA, Employee Monitoring, EU, Fair Labor Standards Act (FLSA)

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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WOTUS at SCOTUS: Supreme Court Shrinks Clean Water Act Jurisdiction over Wetlands

Last week the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying what wetlands are subject to federal jurisdiction and regulation under the Clean Water Act (CWA). The Sackett case was brought by…more

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

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New York Bans Inquiry into Salary History

New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York…more

Anti-Discrimination Policies, Employer Liability Issues, Equal Pay, Job Applicants, Pay Equity Laws

See all updates »

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a…more

Appeals, Arbitration, Construction Contracts, Construction Defects, Construction Disputes

See all updates »

SEC Approves Expanded Auditor’s Report

For better or worse, auditors' reports at public companies are going to become more interesting. How this will impact interactions between auditors, companies, audit committees and shareholders is not yet clear…more

Audit Reports, Audits, Financial Statements, PCAOB, Publicly-Traded Companies

See all updates »

The Battle Over Mortgage Escrow Accounts: A New Stage in the Preemption Fight for National Banks?

The Supreme Court has asked the solicitor general to weigh in on an issue that could affect lenders and borrowers alike: whether the National Bank Act (NBA) trumps state laws that require lenders to pay interest on mortgage…more

Interest Rates, Mortgage Escrow Account, National Bank Act, Preemption, SCOTUS

See all updates »

Hell or High Water: Why Contractors Must Understand Contractual Risks

The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was…more

Appeals, Armed Services Board of Contract Appeals, Bilateral Agreements, Construction Contracts, Construction Industry

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Supreme Court Affirms Government Dismissal Power — Subject to Minor Limits — in FCA Qui Tam Cases

On June 16, 2023, the Supreme Court in United States ex rel. Polanksy v. Executive Health Resources, affirmed the Third Circuit’s deferential standard regarding the government’s ability to dismiss False Claims Act (FCA)…more

Article II, Dismissals, False Claims Act (FCA), Healthcare, Qui Tam

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Don’t Mess with Texas or Its Cybersecurity and Data Privacy Laws

In recent years, the Lone Star State has been vigilant in enacting cybersecurity and data privacy laws to protect individuals and businesses from the disastrous effects of a data breach. Here is a timeline of previous…more

Cybersecurity, Data Privacy, Data Protection, Data Protection Acts, Data Security

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SPAC IPO’s and M&A Opportunities

Over the past year, Bradley’s corporate and securities attorneys have fielded numerous questions about special purpose acquisition companies, or SPACs, and how they are impacting the M&A market in the United States. While SPACs…more

Acquisitions, Capital Raising, Initial Public Offering (IPO), Investors, Mergers

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CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families

On July 27, 2022, the Consumer Financial Protection Bureau (CFPB) and the United States Department of Justice (DOJ) filed a complaint in the United States District Court for the Eastern District of Pennsylvania against Trident…more

Civil Monetary Penalty, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), ECOA, HMDA

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Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized.    In 2016, National Concession…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Corporate Counsel, Intellectual Property Litigation, Intellectual Property Protection

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Update on College Name, Image, and Likeness: Florida Amends NIL Law and NCAA Issues First NIL Infractions Ruling

On February 16, 2023, Florida Gov. Ron DeSantis signed HB 7B, which makes several amendments to Florida’s name, image, and likeness (NIL) law, adding Florida to the growing list of states loosening prior state NIL restrictions…more

Amended Legislation, Amended Regulation, College Athletes, Colleges, Florida

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Alabama CON Report - February 2024

I. Certificate of Need Program - A. Project Modification Request - AL2022-009, East Alabama Health Care Authority d/b/a East Alabama Medical Center (EAMC), Lee County, AL: The project modification request involves a change…more

Acute Facilities, Alabama, Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need

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Supreme Court Rejects PTO’s Attempt to Recover Attorneys’ Fees - Intellectual Property News

In Peter v. NantKwest, Inc., the Supreme Court held that the Patent and Trademark Office cannot recover attorneys’ fees against an applicant in a civil action under 35 U.S.C. § 145. An unsuccessful applicant for a patent has two…more

American Rule, Attorney's Fees, Civil Claims, Fee-Shifting, Litigation Fees & Costs

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A Closer Look at the CFPB’s “Enhanced” Supervisory Appeals Process

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) announced what it heralded as a significant update to its Supervisory Appeals Process. The first of its kind since 2015, this revision introduced a seemingly…more

Appeals, Compliance, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Services Industry

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Mississippi Legislature Overwhelmingly Approves Equifax Fix

Earlier this week the Mississippi Legislature approved the conference committee report on tax reform legislation (House Bill 799) that significantly changes Mississippi’s tax assessment and appeals procedures. Both the House and…more

Appeals, Apportionment, Pay-To-Play, Tax Assessment, Tax Penalties

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Golf Course Copyright Bill Implications Go Beyond The Green

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against Digital…more

Architects, Artificial Intelligence, Authorship, Copyright, Copyright Ownership

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District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the insured…more

Bodily Injury, Clean-Up Costs, Contamination, Defense Costs, Gas Stations

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FHA Announces New Loss Mitigation Payment Supplement Option

Amidst record-level interest rates, on February 21, 2024, the Federal Housing Administration (FHA) announced a new loss mitigation option, the Payment Supplement, to aid struggling borrowers. The Payment Supplement will bring a…more

Borrowers, Coronavirus/COVID-19, Fair Housing Act (FHA), Fixed-Rate Loans, HUD

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False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and gas…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Contract Interpretation

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Get Interactive! Searching for ADA Accommodations with Employees

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive…more

Americans with Disabilities Act (ADA), Disability, Employees, Employer Liability Issues, Employment Policies

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Stanford’s Method for Inferring Haplotype Phase is Not Patent Eligible

Stanford University applied for a U.S. patent for statistical methods of predicting haplotype phase. In 2019, the Patent Trial and Appeal Board rejected the application as ineligible subject matter. Last week, a panel of the…more

Abstract Ideas, Patent Applications, Patent Litigation, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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