Bradley Arant Boult Cummings LLP

FAR Council and DOL Issue Final Rule Implementing Fair Pay & Safe Workplaces Executive Order

The Federal Acquisition Regulatory Council and the Department of Labor published a final rule, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting” Executive Order), on August 24, 2016…more
| Government Contracting, Labor & Employment Law

West Coast—Time to Check Your Employment Agreements: Ninth Circuit Negates No-Class Action Clause in Arbitration Agreements

This week, the Ninth Circuit held that Ernst & Young’s (E&Y) arbitration agreement that prohibited its employees from filing class actions violates the National Labor Relations Act (NLRA). E&Y required as a condition of…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

10 Questions to Ask your Law Firm Vendor Management Program (Part 1)

Law firms providing mortgage servicer clients default-related legal services are vendors, and financial services companies need to treat them as such. Not only that, law firms often interact directly and continuously with…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Professional Malpractice, Real Estate - Residential

CFPB Expands Protections for Successors in Interest – Attend Part 2 of Our “CFPB Mortgage Servicing Amendments” Webinar Series to Learn More

As part of its recent amendments to the mortgage servicing rules in Regulations X and Z, the Consumer Financial Protection Bureau (CFPB) is fundamentally changing the way mortgage servicers are required to treat successors in…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

HUD Proposes Mandatory Assignment of HECMs

As part of a broader push to update its regulations regarding Home Equity Conversion Mortgages (HECMs, more commonly known as reverse mortgages), the Department of Housing and Urban Development (HUD published a Supplemental…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Strike Suit Struck Down

It seems that the announcement of any corporate transaction triggers a race to the courthouse by plaintiffs’ firms. These firms specialize in filing class action lawsuits demanding additional disclosures for the benefit of the…more
| Business Torts, Civil Procedure, Civil Remedies, Mergers & Acquisitions, Securities Law

Sixth Circuit Confirms That The ADA Does Not Require Employers To Create Permanent Light Duty Positions For Disabled Employees

Giving an employee temporary light duty does not mean you have to create a permanent light duty position as a reasonable accommodation, at least according to a recent Sixth Circuit case. Here are the facts the Court considered…more
| Civil Rights, Labor & Employment Law

SEC Fines Companies for Anti-Whistleblower Language in Severance Agreements

The Securities and Exchange Commission recently announced the settlement of two proceedings regarding the SEC’s whistleblower protection framework, resulting in over $500,000 in penalties. Both of the companies were charged with…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Securities Law

WWE Misclassification Lawsuit Claims Performers’ Status as Independent Contractors Caused Long-Term Brain Injuries

Another major sports organization has been hit on the head with a concussion lawsuit. Most recently, former WWE performers claim that they suffered concussions and other head injuries that have resulted in long-term brain…more
| Art, Entertainment, & Sports Law, Civil Procedure, Labor & Employment Law

Alabama CON Report

I. Certificate of Need Program - A. AL2016-023, RehabCare Group East, Inc., Birmingham, AL: Proposes to relocate the existing multi-service outpatient rehab center from 100 Shadow Wood Park, Ste. B, Birmingham, Shelby…more
| Health

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical Evaluation

Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine…more
| Administrative Law, Energy & Utilities, Environmental Law, Government Contracting

Isn’t it Ironic, Don’t You Think? DOL Settles Overtime Claims With Its Own Employees

Last week, attorneys for the Department of Labor (DOL) employee union announced that the government agency had agreed to pay $7 million to settle an almost 10-year-old grievance by DOL workers who claimed they were not paid for…more
| Civil Remedies, Labor & Employment Law

Nevada Supreme Court Strikes Significant Blow Against HOA Super-Priority Foreclosure-Sale Purchasers

In September 2014, the Nevada Supreme Court held that an HOA could foreclose on its nominal super-priority lien and extinguish a senior mortgage in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., a ruling that initially seemed…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

The Ninth Circuit Weighs In: NRS 116 is Facially Unconstitutional

The tide may finally be turning in Nevada. Since the Nevada Supreme Court dealt a devastating blow to the whole of the financial services industry in September 2014 by holding that an HOA could foreclose on its super-priority…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Finance & Banking, Real Estate - Residential

What the EEOC’s Revised Pay Rule Means for Employers

The EEOC’s revised pay rule expands collection of pay and hours-worked data from employers filing EEO-1 reports. The proposed rule requires employers, including federal contractors, with 100 or more employees to report summary…more
| Civil Rights, Government Contracting, Labor & Employment Law
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Birmingham, Alabama 35203 , United States

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