Bradley Arant Boult Cummings LLP

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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
  • 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
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Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Mississippi
  • North Carolina
  • Tennessee
  • Texas
Number of Attorneys
400+ Attorneys

CFPB Solicits Comments for its 2017 Credit Card Market Report

On Friday, the Consumer Financial Protection Bureau (CFPB) published a request for information about the credit card market. The CFPB uses responses to those requests, in conjunction with other data and research, to publish the…more

Banking Sector, CARD Act, CFPB, Comment Period, Credit Cards

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Update On Proposed Tax Regulations Affecting Availability of Valuation Discounts to Family Business Owners

In September, we posted a blog discussing the Treasury Department’s issuance of proposed regulations under Section 2704 of the Internal Revenue Code (sometimes referred to as the 2704 proposed regulations) that could…more

Business Valuations, Estate Tax, Family Businesses, Gift Tax, IRC Section 2704

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Alabama Property Tax Protest Season is Underway

The 2016 property tax protest season has arrived. In Alabama, property tax valuations are handled on a county-by-county basis. Some counties mail valuation notices to all taxpayers. Others rely on publication notice and only…more

Appeals, Board of Equalization, Property Tax, Property Valuation

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Digital Imports: Should Downloads Be Subject to the Tariff Act?

On April 3, the International Trade Commission (ITC) ruled that the agency has jurisdiction to police digital transmission for intellectual property infringement. The ITC hears trade disputes regarding “articles” imported into…more

Digital Goods, Digital Media, Illegal Imports, Imports, Infringement

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ICE Could Come Knocking: Employers Should Be Prepared as Business Raids Increase

Employers– the chances that you could receive a visit from immigration officers have increased. Recently, U.S. Immigration and Customs Enforcement (ICE) agents conducted “raids” at eight Asian restaurants in Mississippi—in…more

Deportation, DHS, E-Verify, Employer Liability Issues, Foreign Workers

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Out of Time, Not Out of Luck: Supreme Court holds POCs for Time-Barred Debt are OK under FDCPA

In a win for debt buyers and servicers, the Supreme Court held in Midland Funding, LLC. v. Johnson that the filing of a proof of claim in a bankruptcy case for obviously time-barred debt is not false, deceptive, misleading,…more

Bankruptcy Code, Chapter 13, Consumer Bankruptcy, Debt Buyers, Debt Collection

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Big Changes to Federal Jurisdiction over Waters of the U.S. through the Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) announced the release of their proposed rule redefining what waters fall under federal jurisdiction under the…more

Clean Water Act, EPA, Federal Jurisdiction, Jurisdiction, Mining

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What’s Mine is Not Yours: Former Officers and Directors and a Corporation’s Attorney–Client Privilege

An officer or director’s company exit often feels like a divorce, with post-departure monetary payments and document-custody issues dominating the immediate aftermath. Companies are quick to enforce non-compete agreements and…more

Attorney-Client Privilege, Board of Directors, Confidential Information, Corporate Counsel, Corporate Officers

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Don’t Report Yet! OSHA Holds Off on Electronic Posting Requirements

Last July, we wrote about the Occupational Safety and Health Administration’s new electronic reporting requirements, which will require certain employers (those with 250 or more employees, or those with 20-249 employees in…more

Data Collection, Electronic Filing, Employer Liability Issues, Final Rules, OSHA

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Can the CFPB Really Prohibit Pre-Dispute Arbitration Agreements?

Section 1028 of the Dodd-Frank Act, entitled “Authority to Restrict Mandatory Pre-Dispute Arbitration,” gives the CFPB the authority to promulgate regulations imposing conditions, limitations, or outright prohibitions on…more

Administrative Authority, Arbitration, Arbitration Agreements, CFPB, Consumer Financial Products

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Alternative Approaches to Alternative Design: Understanding the Reasonable Alternative Design Requirement and Its Different Applications

In 1997, the American Law Institute (ALI) adopted the final draft of its Restatement (Third) of Torts on the topic of product liability. The most notable—and controversial—feature of the ALI’s work was its requirement that…more

Design Defects

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Tennessee Adopts “IMPROVE Act” a/k/a “2017 Tax Cut Act”—Takeaways for Tennessee Taxpayers

Tennessee Governor Bill Haslam recently signed into law the “Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy (IMPROVE) Act” or the “2017 Tax Cut Act” (the “Improve Act”)…more

Gas Taxes, Manufacturers, New Legislation, Sales Tax, State and Local Government

See all updates »

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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The “Fifth Pillar” of AML/BSA Compliance FinCEN Issues Final Rule for New Customer Due Diligence Requirements under the Bank Secrecy Act

For years, financial institutions have operated under the maxim that an effective anti-money laundering and Bank Secrecy Act compliance program (collectively “AML”) rests upon four pillars: (1) written policies and procedures;…more

Anti-Money Laundering, Bank Secrecy Act, Broker-Dealer, BSA/AML, Customer Due Diligence (CDD)

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Public-Private Partnerships: The Solution to the Problem with Our Aging Infrastructure?

It is no secret that the most significant budget challenges that the United States faces on both a state and national level revolve around the cost to repair and replace our aging infrastructure. In 2014, the American Society of…more

Construction Industry, Critical Infrastructure Sectors, Design-Build, Investment, Public Private Partnerships (P3s)

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Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS)…more

Bid Protests, CICA, Federal Acquisition Regulations (FAR), Federal Contractors, GAO

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U.S. Supreme Court Vacates Fourth Circuit’s Decision Under the Pregnancy Discrimination Act

On Wednesday, in a 6-3 decision with Justice Breyer writing for the majority, the Supreme Court revived Peggy Young’s pregnancy discrimination claim against UPS under the Pregnancy Discrimination Act (PDA) in Young v. United…more

Essential Functions, PDA, Pregnancy Discrimination, Reasonable Accommodation, SCOTUS

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Roadmap to Software Patent Eligibility – Continued

Recent Federal Circuit cases provide direction on how to satisfy the PTO or the federal courts that software is eligible for a patent. Some key points include: - New ways of organizing data - New connections…more

Abstract Ideas, AT&T Mobility, Computer-Related Inventions, Internet, Internet Service Providers (ISPs)

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Is There a Statute of Limitations on Disgorgement?

How long does the Securities and Exchange Commission (SEC) have to bring a lawsuit asking for disgorgement of unlawful gains? The United States Supreme Court will decide that issue this term in Kokesh v. Securities and Exchange…more

Certiorari, Disgorgement, Enforcement Actions, Forfeiture, Kokesh v SEC

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President Trump's Most Recent Regulatory Reform Order

On Friday, President Donald J. Trump signed an executive order targeting federal regulations. This new executive action, which is designed to enact the White House’s regulatory reform agenda, requires the heads of each…more

Compliance, Executive Orders, Regulatory Agencies, Regulatory Oversight, Regulatory Reform

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Securities Legislative Update – Elderly Investors 2017

The SEC recently approved FINRA’s proposed rule aimed at preventing fraud and abuse of senior investors. On March 30, FINRA issued Regulatory Notice 17-11, setting the effective date for the new rule as February 5, 2018. The…more

Broker-Dealer, Elder Issues, Exploitation, Financial Sector, Financial Services Industry

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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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A Primer to Understanding Wrap-Up Insurance Programs

Whether you are a property owner, general contractor, or subcontractor, understanding wrap-up insurance programs—when to consider one, what they insure, and how they affect the project—is vital to a construction project’s…more

Bids, CCIP, Construction Project, Contractors, Federal Contractors

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Data Breach Response Planning: Laying the Right Foundation

Part of Bradley Arant’s Privacy and Information Security Team’s seven-part Data Breach Toolkit Webinar Series, the “Data Breach Response Planning: Laying the Right Foundation” webinar, led by Paige Boshell and Amy Leopard,…more

Banking Sector, Banks, Breach Notification Rule, Cyber Attacks, Cyber Crimes

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Debt Buyers Should Exhaust All Avenues When Investigating Credit Report Disputes

Last week, the 11th Circuit issued an opinion reversing and remanding a prior decision from the United States District Court for the Southern District of Georgia related to the proper verification of debts when a consumer…more

Appeals, Burden of Proof, Debt Buyers, Debt Collection, Debtors

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SCOTUS Agrees to Review City of Miami Fair Housing Claim

The Supreme Court has agreed to review a discriminatory lending case brought by the City of Miami against Wells Fargo & Co. and Bank of America Corp. At issue is whether a city government is permitted to bring a suit seeking to…more

Bank of America, Discriminatory Lending Practices, Fair Housing Act (FHA), Foreclosure, Mortgage Lenders

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Tennessee CON Report

I. February and April 2017—Tennessee Certificate of Need Meetings - The agency approved the following applications during the February and April meetings. A. Consent Agenda 1. Walgreens Infusion and…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Hospice, Hospitals

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New Federal Contracting Requirements for Reporting Tax Liabilities and Felony Convictions

Federal acquisition officials recently finalized an interim rule intended to remove contractors with federal tax liabilities and felony convictions from the federal contracting arena. The interim rule, which took effect February…more

C-Corporation, Construction Industry, Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Land Banking Comes to Birmingham

On Tuesday, May 6, 2014, the City of Birmingham joined a number of other municipalities in a vote to authorize a Land Bank Authority. The Birmingham City Council passed the resolution to establish a land bank in hopes of…more

Abandoned Property, Banks, Economic Development, Foreclosure, Government Entities

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U.S. Supreme Court Clarifies Requirements for Removing Class Actions to Federal Court

Today the U.S. Supreme Court issued its decision in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, a case involving the procedural requirements for removing a class action from state to federal court under the Class…more

Amount in Controversy, CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Diversity

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Implementing a Compliant Successor in Interest Confirmation Process Will Pose Significant Challenges for Mortgage Servicers

Arguably the most significant element of the recent amendments to the existing mortgage servicing regulatory framework by the Consumer Financial Protection Bureau (CFPB) is the new structure that has been laid out for dealing…more

CFPB, Mortgage Servicing Rules, Regulation X, Required Documentation, Successors

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Supreme Court Upholds ACA Tax Credits; Employers Must Continue to Play or Pay

In a much-anticipated decision, the Supreme Court upheld in King v. Burwell the validity of tax credits under the Patient Protection and Affordable Care Act (ACA) that are available to individuals in States that have Federal…more

Affordable Care Act, Employer Mandates, Health Insurance, Health Insurance Exchanges, Individual Mandate

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MACRA/O Level Changes Coming with MIPS and APMs: An In-Depth Look at Medicare’s Proposed Physician Payment System Reform

1. Executive Summary - With the dirt barely settled on the unmourned grave of the Medicare sustainable growth rate (SGR) methodology for updating physician fee schedule payments, CMS published a proposed rule that would…more

CMS, Medicare Access and CHIP Reauthorization (MACRA), MIPS, Physician Medicare Reimbursements, Proposed Regulation

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Tennessee Adopts Expansive Trade Secret Preemption Standard

In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of preemption under the Tennessee Uniform Trade Secrets Act (TUTSA). The court adopted a…more

Misappropriation, Preemption, Trade Secrets, UTSA

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CMS Announces Next Generation ACO with Increased Risk and Reward

On March 10, 2015, the Centers for Medicare & Medicaid Services announced its “Next Generation ACO Model,” which CMS hopes will provide more experienced accountable care organizations an opportunity to assume higher levels of…more

ACOs, CMS, Health Care Providers, Healthcare, Medicare Shared Savings Program

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Supreme Court Rejects “No Injury” Claims For Statutory Damages

Monday morning, the United States Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins (No. 13-1339), which addresses the question of whether a bare allegation of a statutory violation, unaccompanied by…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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A Bankruptcy Discharge Makes a Face-to-Face Meeting an Act in Futility

Just last fall, we wrote about the Eleventh Circuit’s decision in In re Failla, Case No., in our article, “The Eleventh Circuit has spoken: Debtors who surrender property must get out of the creditor’s way.” Now, it appears that…more

Consumer Bankruptcy, Dischargeable Debts, Face-to-Face Narrative Requirement, Financial Services Industry, Foreclosure

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Eleventh Circuit Refuses to Extend Scope of Assignee TILA Liability to Failure to Provide Payoff Balance

Ruling on an issue of first impression at the Circuit Court level, the Eleventh Circuit recently refused in Evanto v. Federal National Mortgage Association to impose Federal Truth in Lending Act (TILA) liability on assignees for…more

Assignees, First Impression, Mortgage Lenders, Mortgage Servicers, Third-Party Liability

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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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CFPB and Two States File Suit Against Student Loan Company Navient

The CFPB announced on Wednesday that it had filed a lawsuit against Navient Corporation, formerly part of Sallie Mae, and two of its subsidiaries for alleged “systematic” failures in student loan servicing. The complaint alleges…more

CFPB, Civil Investigation Demand, Debt Collection, Enforcement Actions, FCRA

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The Strategic Risk Community Banks May Not Have Considered

Community banks that have not considered the potential for partnership with nonbank financial technology (fintech) companies, alone or in collaboration with other community banks, may not be accounting for the full range of…more

Collaboration, Community Banks, FinTech, Risk Assessment, Strategic Planning

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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

See all updates »

Should Your ERISA Plan Have a Forum Selection Clause?

With relatively few exceptions, administrators of employee benefit plans covered by the Employee Retirement Income Security Act (ERISA) have enjoyed success enforcing forum selection clauses in cases across the country. As such,…more

DOL, Employee Benefits, ERISA, Forum Selection Clause

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Alabama CON Report

I. Certificate of Need Program - A. AL2017-012, Crowne Health Care of Springhill, LLC, Mobile, AL: Proposes to relocate twenty-six (26) nursing home beds from Crowne Health Care of Mobile, LLC, a 174-bed nursing home…more

Ambulatory Surgery Centers, Certificate of Need, Drug Treatment, Health Care Providers, Healthcare Facilities

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How an Advisory Board Can Help Your Family-Owned Business

What is an advisory board? Family-owned businesses often form advisory boards as a source of guidance. Advisory boards differ from the board of directors discussed in this prior blog post in several respects. Primarily,…more

Advisory Board, Family Businesses

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CFPB Outlines Expectations for In-Person Debt Collection Activities by First- and Third-Party Debt Collectors

Consumer debt collection activities remain one of the primary focus areas of the Consumer Financial Protection Bureau (CFPB)—and this focus is not limited to the activities of third—party debt collectors…more

CFPB, Debt Collection, FDCPA, Financial Sector, Third-Party Service Provider

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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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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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Don’t Be Chatty about FMLA Leave

If you’re not careful, a casual reference to an employee’s FMLA leave might give rise to an FMLA interference claim. A recent Florida case, Holtrey v. Collier County Bd. of Commissioners, reminds us that you can get into…more

Confidential Information, Corporate Counsel, Employee Rights, Employer Liability Issues, Employment Litigation

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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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Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure

As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The President…more

E-Verify, Employment Eligibility Verification, H-1B, Highly-Skilled Workers Visa, I-9

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Mississippi Legislature Changes Supersedeas Bond Amounts . . . Maybe

A party that wins at trial and recovers a money judgment may seek to collect on the judgment immediately, unless the other party posts a supersedeas bond to stay execution of the judgment pending appeal. The Mississippi…more

Amended Legislation, Appeals, Bonds, Money Judgment, Rules of Appellate Procedure

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Bankruptcy Proof of Claim Form Gets a Makeover

Several of the Official Bankruptcy Forms will be replaced on December 1, 2015. For creditors, the most notable changes will be to two forms: the Proof of Claim form, Form 410, and the Mortgage Proof of Claim Attachment, Form…more

Bankruptcy Code, Bankruptcy Court, Creditors, Default, Mortgages

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Bank Acting as Fiduciary Seeks Reversal of “Unprecedented” Tort Liability

In Jo Ann Howard & Associates, et al. v. National City Bank; PNC Bank, N.A., now pending before the United States Court of Appeals for the Eighth Circuit, a Missouri bank entered into a contractual and statutorily authorized…more

Banking Sector, Fiduciary Duty, Financial Services Industry, Trust Administration

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CFPB Proposes Rules to Limit Arbitration Agreements in Consumer Financial Products

Last week, the CFPB announced two proposals related to the inclusion clauses that require arbitration to resolve all future disputes (“pre-dispute arbitration agreements”) in consumer financial products. The first proposal would…more

Administrative Review, Arbitration, Arbitration Agreements, CFPB, Class Action

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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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Mississippi Legislature Changes Supersedeas Bond Amounts . . . Maybe

A party that wins at trial and recovers a money judgment may seek to collect on the judgment immediately, unless the other party posts a supersedeas bond to stay execution of the judgment pending appeal. The Mississippi…more

Amended Legislation, Appeals, Bonds, Money Judgment, Rules of Appellate Procedure

See all updates »

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

See all updates »

MACRA/O Level Changes Coming with MIPS and APMs: An In-Depth Look at Medicare’s Proposed Physician Payment System Reform

1. Executive Summary - With the dirt barely settled on the unmourned grave of the Medicare sustainable growth rate (SGR) methodology for updating physician fee schedule payments, CMS published a proposed rule that would…more

CMS, Medicare Access and CHIP Reauthorization (MACRA), MIPS, Physician Medicare Reimbursements, Proposed Regulation

See all updates »

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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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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FTC Announces Hart-Scott-Rodino Annual Threshold 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 Section 7A of the…more

Acquisitions, DOJ, FTC, Hart-Scott-Rodino Act, Interlocking Directorate

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The Bank Next Door: Part I – Using Social Media to “Friend” Customers

This blog is the first in a series of articles which will examine the risks, rewards, innovative uses, and changing legal landscape of social media use by financial services institutions. Future blog articles will examine topics…more

Banking Sector, Corporate Governance, Cybersecurity, Data Privacy, FFIEC

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Buyer Beware – Know Before You Wire: FTC and NAR Warn Home Buyers on Closing Costs Wire Transfer Phishing Scams

In a recent blog post on the Federal Trade Commission (FTC) Consumer Information blog, the FTC warned home buyers of an e-mail and wire transfer phishing scam in which hackers pose as real estate professionals or title…more

FTC, National Association of Realtors, Phishing Scams, Real Estate Professionals, Title Companies

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What General Counsel Should Know When a Company's Tenant Files for Bankruptcy

Your tenant files for bankruptcy-what’s your move? Debtors who are lessees under real property leases have certain rights regarding their lease under § 365 of the Bankruptcy Code. Essentially, the debtor has two options: 1)…more

Assignments, Chapter 11, Chapter 7, Commercial Bankruptcy, Commercial Leases

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ALTA Introduces New CPL Form with Major Potential Negative Implications for the Financial Services Industry

In April, we posted about the significant protection afforded mortgage lenders and servicers as part of closing protection letters including recent judicial interpretations providing critical indemnity to lenders for “actual…more

ALTA, Closing Protection Letters, Financial Services Industry, Lenders, Mortgage Lenders

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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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IRS Extends Affordable Care Act Reporting Deadlines

Last week, the Internal Revenue Service (IRS) granted a reprieve of sorts with respect to the 2015 information reporting requirements under the Affordable Care Act (ACA). Under the ACA, an “applicable large employer” (generally,…more

Affordable Care Act, Applicable Large Employers (ALE), Employer Group Health Plans, Filing Deadlines, IRS

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Pending Alabama Tax Legislation (2017 Regular Session) State and Local Tax Alert: Alabama Edition

The House and Senate have each met a total of six legislative days thus far. There are therefore 24 legislative days remaining in the 2017 Regular Session. The House will reconvene on Tuesday, February 28 at 1:00 p.m. The Senate…more

Constitutional Amendment, Defined Contribution Plans, Dentists, Department of Revenue, Excise Tax

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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, Liens, Mortgage Lenders, Super Priority

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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

CMS, Final Rules, Health Care Providers, Physician Fee Schedule, Stark Law

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How to Assemble a Board of Directors for a Startup

A successful startup will likely see the structure and composition of its board of directors change significantly over time…more

Board of Directors, Business Formation, Corporate Governance, Entrepreneurs, Legal Perspectives

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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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Special Needs Trusts Through the Lens of a Financial Planner

I met recently with my friend and advisor, Lauren Pearson, CFP®, to learn more about Special Needs Trusts. Lauren is a managing director and partner at HighTower Twickenham, an industry leading wealth management firm. Lauren has…more

Beneficiary Designations, Estate Planning, Financial Planning, Life Insurance, Pooled Trusts

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Broad “Assumption of Liability” Clause in Subcontract Likely Trumps “Waiver of Subrogation” Clause in Prime Contract

In a recent case handled by Bradley, a federal court in Maryland issued a decision attempting to reconcile inconsistent contract provisions. The general contractor said that its fire sprinkler subcontractor was responsible…more

Ambiguous, Commercial General Liability Policies, Construction Contracts, Construction Disputes, Construction Industry

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Predicting How the New Partnership Audit Rules Will Affect S Corporations and Their Shareholders

This column has three focal points: S corporations (of course!), the new partnership audit procedures and Jeanne Dixon. Yes, that Jeanne Dixon—the self-professed psychic who claimed to have predicted the assassination of…more

Audits, Bipartisan Budget, Partnerships, S-Corporation, TEFRA

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Supreme Court Affirms Discretion to Award Fees in Copyright Suits, But Case Precedence Not Relevant

The Copyright Act states that the trial court “may…award” attorney’s fees to the prevailing party. Legal fees incurred by plaintiffs and defendants alike in copyright and other intellectual property cases can be staggering, as…more

Attorney's Fees, Copyright, Copyright Infringement, Fee-Shifting, Kirtsaeng v. John Wiley & Sons

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Contractors Beware: Subcontractor Exception to “Your Work” Exclusion May Not Save the Day

Commercial general liability (CGL) coverage for a general contractor is not guaranteed, even if property damage is all a subcontractor’s fault. Consider the following example: A general contractor builds a stadium for which a…more

Commercial General Liability Policies, Construction Industry, General Contractors, Insurance Industry, Policy Exclusions

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Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently…more

American Arbitration Association, Arbitration, Arbitration Agreements, Binding Arbitration, Construction Contracts

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Consumer Lending Industry Targeted by the Alabama Legislature

Last month, a group of 45 members of Alabama’s House of Representatives introduced a proposed amendment to the Alabama Constitution that would cap the interest rate a lender may charge an individual on a “consumer loan, line of…more

Banking Sector, CFPB, Consumer Lenders, Financial Services Industry, Interest Rates

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Summary of Mississippi’s New Construction Lien Law

Mississippi recently enacted a new construction lien law. This article addresses certain key provisions of the new law - codified at Mississippi Code Annotated § 85-7-401 (Rev. 2014) - that apply to commercial projects. …more

Construction Contracts, Construction Liens, Construction Workers, Contractors, Liens

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Tennessee Adopts “IMPROVE Act” a/k/a “2017 Tax Cut Act”—Takeaways for Tennessee Taxpayers

Tennessee Governor Bill Haslam recently signed into law the “Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy (IMPROVE) Act” or the “2017 Tax Cut Act” (the “Improve Act”)…more

Gas Taxes, Manufacturers, New Legislation, Sales Tax, State and Local Government

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CFPB Solicits Comments for its 2017 Credit Card Market Report

On Friday, the Consumer Financial Protection Bureau (CFPB) published a request for information about the credit card market. The CFPB uses responses to those requests, in conjunction with other data and research, to publish the…more

Banking Sector, CARD Act, CFPB, Comment Period, Credit Cards

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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

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

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D.C. Circuit Junks the FCC’s Junk Fax Rule

The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov of…more

Advertising, Faxes, FCC, Opt-Outs, TCPA

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Major Win for Products Manufacturers on Safer, Alternative Design Requirement

In a unanimous decision released last week, the Alabama Supreme Court delivered a significant victory for manufacturers defending products liability claims in Hosford v. BRK Brands, Inc. As in most jurisdictions, a plaintiff in…more

Design Defects, Judgment As A Matter Of Law, Manufacturers, Product Defects

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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, EPA, FIFRA, Genetically Engineered Seed, Off-Label Use

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States Oppose OCC’s proposed Fintech Charter

As part of its push to promote innovation in the financial services industry, the Office of the Comptroller of the Currency (“OCC”) plans to allow financial technology (“fintech”) companies to become special purpose national…more

Banking Sector, Financial Services Industry, FinTech, Fintech Charter, OCC

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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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Additional State Agencies Jump on the ESB Bandwagon

NMLS recently announced that twelve additional state agencies (with 44 license types) would jump on the Electronic Surety Bond (ESB) bandwagon as of January 23, 2017. These additions bring the total number of agencies using ESB…more

Electronic Surety Bonds (ESBs), Licensing Rules, Mortgages, NMLS, State and Local Government

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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

CFPB, 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

DOL, FLSA, Minimum Salary, Public Comment, Wage and Hour

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Pending Alabama Tax Legislation (2017 Regular Session) State and Local Tax Alert: Alabama Edition

The House and Senate have each met a total of six legislative days thus far. There are therefore 24 legislative days remaining in the 2017 Regular Session. The House will reconvene on Tuesday, February 28 at 1:00 p.m. The Senate…more

Constitutional Amendment, Defined Contribution Plans, Dentists, Department of Revenue, Excise Tax

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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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Oral Modification of Mortgage Not Permitted by Florida Court of Appeals

This week, the Florida Fourth District Court of Appeals held that Florida’s Statute of Frauds precludes oral modification of a mortgage and that the judicial doctrine of promissory estoppel may not be used to circumvent the…more

Mortgages, Oral Modification, Promissory Estoppel, Statute of Frauds

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UPDATE: Ninth Circuit Denies Rehearing of Bourne Valley Decision Holding Nevada HOA Super-Priority Lien Statute Unconstitutional

The Ninth Circuit denied the plaintiff’s request to rehear Bourne Valley Court Trust v. Wells Fargo Bank, N.A., in which the Ninth Circuit found NRS 116 to be unconstitutional on its face because the statute violates a first…more

Constitutional Challenges, Denial of Rehearing, Due Process, Foreclosure, Foreclosure Sales

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CFPB Issues Compliance Guides for New TILA, RESPA, and ECOA Requirements

In January 2013, the Consumer Financial Protection Bureau (“CFPB”) issued a number of new final rules to implement amendments to the Truth in Lending Act (“TILA”), Real Estate Settlement Procedures Act (“RESPA”), and Equal…more

CFPB, Compliance, ECOA, RESPA, Truth in Lending Act (TILA)

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Part Two: Ten Tips to a Successful Mediation: From the Mediator's Perspective

In part one of my article, I discussed five tips you should follow prior to the mediation conference to best achieve a successful result. I will now discuss five more tips you should use at the mediation conference which will…more

Dispute Resolution, Mediation, Young Lawyers

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Defining the Role of a Board Chair

The prior Family Business Advocates blog post provided an overview of the different legal roles that shareholders, directors, and officers play in the intersection of ownership and management of a company, but how does a…more

Board of Directors, Bylaws, Corporate Executives, Corporate Officers, Family Businesses

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2016 – Health Law Year in Review

We are pleased to present our annual review of developments in the field of health law. The year was marked by key changes in False Claims Act jurisprudence and Medicare payment policy. 2016 also brought with it focused…more

60-Day Rule, ACOs, CMS, Corporate Executives, Corporate Misconduct

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Blacklisting Executive Order Blacklisted

President Obama and his EO’s - Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his two terms on various…more

Blacklist, Congressional Review Act, Disclosure Requirements, Executive Orders, Fair Pay and Safe Workplaces

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Implementing a Compliant Successor in Interest Confirmation Process Will Pose Significant Challenges for Mortgage Servicers

Arguably the most significant element of the recent amendments to the existing mortgage servicing regulatory framework by the Consumer Financial Protection Bureau (CFPB) is the new structure that has been laid out for dealing…more

CFPB, Mortgage Servicing Rules, Regulation X, Required Documentation, Successors

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The “Rule of Two” Rules the Day in Supreme Court’s Decision Against the VA

The recently decided case of Kingdomware Technologies, Inc. v. United States marks a big win for small business-owning veterans. The Supreme Court unanimously decided that the Department of Veterans Affairs (VA) misinterpreted…more

Competitive Bidding, Construction Industry, Department of Veterans Affairs, Federal Contractors, Federal Supply Schedule (FSS)

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State AGs Ask Supreme Court to Spark Major Expansion to Scope of Federal Debt Collection Law

Should a full-service consumer finance company be subject to federal debt collection law when it attempts to collect upon debt it purchased? Attorneys general from Maryland, the District of Columbia, California, New York, and…more

Amicus Briefs, Attorney Generals, Debt Buyers, Debt Collection, FDCPA

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2014 – The Health Law Year in Review

Each year brings significant changes and challenges in the laws governing the health care industry, and 2014 proved to be no exception. What the year may have lacked in the high drama that accompanies comprehensive health reform…more

ACOs, Affordable Care Act, Anti-Kickback Statute, CMP Law, CMS

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A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome…more

Affordable Care Act, Aircraft, Crude by Rail, Department of the Interior, Department of Transportation (DOT)

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New Bankruptcy Rules to Take Effect December 1, 2017

After several years of drafting, debate, compromise and fine tuning, it appears that major changes to the administration of consumer bankruptcy cases are imminent. On April 27, 2017, Chief Justice John Roberts submitted to…more

Amended Rules, Chapter 13, Consumer Bankruptcy, Consumer Financial Products, Federal Rules of Bankruptcy Procedure

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Caught in the Cross-Fire: Student Loan Lenders and Servicers’ Risks in the Bankruptcy Fight over College Tuition Clawbacks

Many parents hope to fund, in some part, their children’s college educations, and the federal government has created a system of incentives, including tax advantaged 529 plans, to support that expectation. Recent research shows…more

529 Plans, Borrowers, Chapter 7, Clawbacks, Consumer Bankruptcy

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What Employers Can Expect from the New Administration – Part 1: Executive Orders & Administrative Actions

What will a Trump administration do to the labor and employment law landscape? While we can’t predict for certain, we figure we can at least provide better insight than the pollsters who have spent the last year following the…more

Barack Obama, Blacklist, Class Action Arbitration Waivers, Collective Bargaining, Disclosure Requirements

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What Do Autonomous Vehicles Portend for Commercial Auto Insurance?

If you weren’t already convinced, this Drive.ai video of a self-driving system demonstrating an extended drive, at night, in rainy conditions, without human intervention, shows how close we may be as a society in which human…more

Auto Insurance, Auto Manufacturers, Connected Cars, Driverless Cars, NHTSA

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Will Alabama Honor Your Choice of Law Provisions?

Amendment 884 calls into question the validity and enforceability of the choice of law provisions in contracts brought before Alabama courts. In November of 2014, Alabama voters ratified Amendment 884 to the Alabama…more

Amended Legislation, Choice-of-Law, Contract Drafting, Contract Terms, Dispute Resolution

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The Camel’s Nose: Incorporating Commercial and Construction Arbitration Rules

There is an old proverb that states, “If the camel once gets his nose in the tent, his body will soon follow.” Stated differently, one should not let the camel’s nose inside unless he or she is prepared to accept the whole…more

AL Supreme Court, American Arbitration Association, Commercial Insurance Policies, Liability Insurance, Mandatory Arbitration Clauses

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Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities…more

Disclosure Requirements, Discovery, Infringement, Innovation Act, Legal Costs

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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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Alabama Department of Revenue Now Argues that ALL Software—Canned or Custom—Is Subject to Sales/Use Tax

The Alabama Tax Tribunal (the “Tribunal”) ruled in a recent case that the taxpayer-hospital was entitled to a refund of the sales tax paid on the purchase of software that had been customized for its particular functions…more

Department of Revenue, Hospitals, Sales Tax, Software, Tax Tribunal

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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: 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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What Do Autonomous Vehicles Portend for Commercial Auto Insurance?

If you weren’t already convinced, this Drive.ai video of a self-driving system demonstrating an extended drive, at night, in rainy conditions, without human intervention, shows how close we may be as a society in which human…more

Auto Insurance, Auto Manufacturers, Connected Cars, Driverless Cars, NHTSA

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Tennessee Supreme Court Revisiting Summary Judgment Standard

On the heels of two new Justices joining the Tennessee Supreme Court, the Court has indicated its intention to reconsider the summary judgment standard set forth in Hannan v. Alltel Publishing Co., 270 S.W. 3d 1 (Tenn. 2008). In…more

Appeals, Pleading Standards, Summary Judgment

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Break Out the Pom-Poms

We’re all familiar with the sight. Your team is down in the final minutes of the game but within striking distance. The coach calls a timeout, huddling up the team. The fans are silent. Out runs the cheerleading squad..…more

Cheerleaders, Copyright, Copyright Infringement, Copyrightable Subject Matter, Fashion Design

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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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NAIC’s New 12-Step Cybersecurity Program

The Cybersecurity Task Force of the National Association of Insurance Commissioners (NAIC) has released formal guidance outlining the data security safeguards that the insurance industry and state insurance regulators should…more

Cybersecurity, Insurance Industry, NAIC

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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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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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Marketing Services Agreements Pose Grave Compliance Risk – Mortgage and Real Estate Industry on Notice

The CFPB issued Compliance Bulletin 2015-05 (Bulletin) today, which sets forth its position concerning the use of Marketing Services Agreements (MSAs) by mortgage companies and settlement service providers. Importantly, the CFPB…more

CFPB, CFPB Bulletins, Criminal Sanctions, Marketing Services Agreements, Mortgages

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The Bank Next Door: Part I – Using Social Media to “Friend” Customers

This blog is the first in a series of articles which will examine the risks, rewards, innovative uses, and changing legal landscape of social media use by financial services institutions. Future blog articles will examine topics…more

Banking Sector, Corporate Governance, Cybersecurity, Data Privacy, FFIEC

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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, CMS, Debt Ceiling

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Washington Supreme Court Closes the Door on Changing the Locks

In Jordan v. Nationstar Mortgage, LLC, the Washington Supreme Court issued a stern warning to lenders seeking to change the locks on foreclosure properties. Given the significant potential liability exposure created by the…more

Banking Sector, Breach of Contract, Class Action, Deed of Trust, Financial Institutions

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Are You Keeping the Right Documentation for 401(k) Hardship Distributions?

401(k) plans may allow an employee to receive a distribution of elective contributions (employee deferrals) on account of a hardship. The regulations provide that a distribution is made on account of hardship only if the…more

401k, Employee Benefits, Hardship Distributions, IRS, Required Documentation

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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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Buy American and Hire American: What it Means for the Construction Industry

On April 18, 2017, President Donald Trump signed into law the “Buy American and Hire American” Executive Order (No. 13788). The Order requires agencies to do a wholesale evaluation of their compliance with “Buy American” laws…more

Acquisitions, Buy America, Construction Industry, Domestic Hiring Policy, Executive Orders

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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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A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome…more

Affordable Care Act, Aircraft, Crude by Rail, Department of the Interior, Department of Transportation (DOT)

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Filing a Collection Suit? The Statute of Limitations for the Forum State May Not Be the Correct Limitations Period

Debt collectors filing suit often assume that the forum state’s statute of limitations will apply. However, a string of recent cases suggests that may not always be the case. The Ohio Supreme Court recently determined that, by…more

Affirmative Defenses, Borrowers, Borrowing Statutes, Cause of Action Accrual, Corporate Counsel

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New York Sets Its Sights on Cybersecurity Weaknesses at Financial Institutions

The New York State Department of Financial Services’ (NYDFS) cybersecurity regulations went into effect March 1, 2017, and the first of the staggered implementation deadlines is quickly approaching on August 28, 2017. Touted by…more

Banking Sector, CISO, Cybersecurity, Cybersecurity Framework, Data Protection

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The looming student debt crackdown: compliance and enforcement lessons from the foreclosure crisis

Given the parallels between the current student loan debt crisis (including the CFPB, Illinois and Washington’s recent lawsuits against Navient) and the foreclosure crisis of 2010-14, now is a good time to reflect on the lessons…more

Borrowers, CFPB, Disclosure Requirements, DOJ, Foreclosure

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