Bradley Arant Boult Cummings LLP

Gift and Estate Tax Changes in the American Taxpayer Relief Act of 2012

On January 1, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the “2012 Act”) that was passed by Congress during the past 72 hours, bringing closure to the main tax aspects of the so-called…more

American Taxpayer Relief Act, Charitable Donations, Estate Tax, Federal Budget, Fiscal Cliff

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HUD Issues New Rules about Surviving Spouses Following Death of Reverse Mortgage Borrower

For the past year and a half, mortgagees of FHA-insured Home Equity Conversion Mortgages (“HECMs”), commonly referred to as reverse mortgages, have had to grapple with issues related to the foreclosure of homes occupied by…more

Foreclosure, HECM, HUD, Mortgages, New Regulations

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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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Stage 3–The Final Frontier of Meaningful Use: CMS Issues Its Stage 3 Proposed Rule

On March 20, the Centers for Medicare & Medicaid Services (CMS) released its proposed rule (Proposed Rule) for implementing Stage 3 of the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs (Programs)…more

CMS, EHR, Healthcare, Meaningful Use, Proposed Amendments

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Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith Anderson…more

Compliance, Corporate Counsel, Employee Rights, Employer Liability Issues, First Glance

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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, Confidentiality, Corporate Counsel, Corporate Officers

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Fourth Circuit Orders Class Certification for African-American Steelworkers—Again

For the second time, the Fourth Circuit has determined that African-American employees at a South Carolina steel plant are entitled to Rule 23 class certification. In Brown v. Nucor Corporation and Nucor Steel-Berkeley,…more

Appeals, Discrimination, Employer Liability Issues, Hostile Environment, Job Promotions

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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

American Law Institute, Design Defects

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Update: New Reporting Requirements Deadline for Physician-Owned Hospitals Extended to March 1

The Centers for Medicare & Medicaid Services (CMS) has extended the deadline for physician-owned hospitals seeking to avail themselves of the “whole hospital” exception or “rural provider” exception to the Stark Law to report…more

CMS, Hospitals, Reporting Requirements, Stark Law

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One Cross – Two Cross – Red Cross – Blue Cross: Trademark Development Traps

Trademarks and service marks are valuable in all areas of commerce, and health care is not an exception. Providers of health care-related goods and services rely upon trademarks and service marks to identify the sources of their…more

American Red Cross, Blue Cross, Healthcare, Johnson & Johnson, Lanham Act

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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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Talk is Cheap – Promises to Pay Are a Poor Substitute for Adherence to Contractual Notice Provisions

A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when differing site…more

Construction Site, Contractors, Notice Requirements, Subcontractors

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Dealing with high-risk clients and final advice for maintaining an effective AML compliance program

Dealing with high-risk clients in an era of enhanced AML enforcement - To identify and trace criminal activity, federal law enforcement relies on the mandatory filing of suspicious activity reports (SARs) by financial…more

BSA/AML, Chief Compliance Officers, Compliance, Enforcement, Financial Institutions

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When JV Partners Disagree About Whether To Protest

These days, government contractors are pursuing federal work through joint ventures with increasing frequency. Among the reasons for this are that joint ventures allow contractors to combine resources and share risk. Not…more

Bid Protests, Business Disputes, Federal Contractors, GAO, Interested Parties

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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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Privacy and Information Security Alert

The final Federal Cybersecurity Framework is imminent. Find out how the Framework operates and how it may impact your business. Learn what government and industry leaders say about the Framework and the need for related…more

Cybersecurity, Cybersecurity Framework, Data Protection, NIST, Privacy Laws

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U.S. Supreme Court Upholds “Fraud-On-The-Market” Theory, Permits Defendants to Challenge Reliance Presumption at Class Certification Stage

Earlier this week, in Halliburton Co. v. Erica P. John Fund, Inc., the United States Supreme Court upheld the “fraud-on-the-market” theory in federal securities fraud class actions, but ruled that at the class certification…more

Basic v Levinson, Class Action, Fraud, Fraud-on-the-Market, Halliburton

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U.S. Supreme Court’s Omnicare Decision Examines Liability in Statements of Opinion

The United States Supreme Court in Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., clarified standards for liability that a company issuing securities may face through statements…more

Issuers, Material Misstatements, Misleading Statements, Omnicare v Laborers District Council, Pension Funds

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Merchandising 101: Missouri Supreme Court Addresses Applicability of State’s Merchandising Practices Act to Mortgage Loan Servicers

Two new en banc opinions from the Supreme Court of Missouri, both released on August 19, 2014, may be of interest to mortgage loan servicers with borrowers in this state. The opinions — Conway v. CitiMortgage, Inc., --- S.W.3d…more

Loans, Mortgage Servicers, Mortgage Servicing Rules, Mortgages

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Tennessee CON Report - March 2014

In this Report: - I. March 2014—Tennessee Certificate of Need Meeting - A. Consent Agenda - B. Certificate of Need Review - C. General Counsel’s Report - II. Certificate of Need Program Report — Filings…more

Certificate of Need, Home Health Care, Hospitals, Letters of Intent, Nursing Homes

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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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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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

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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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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, TILA

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Affordable Care Act: Hobby Lobby Decision Limits Contraception Requirement

As widely reported, on June 30th, the United States Supreme Court held in Burwell v. Hobby Lobby Stores that certain methods of contraception under the preventive health services requirements of the Patient Protection and…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives, Hobby Lobby

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State & Local Tax Alert: Alabama Edition - September 25th, 2013

The Alabama Historical Commission has issued emergency regulations to implement the state’s new historic structures rehabilitation tax credit. Emergency Rules 460-x-23-.01ER through 460-x-23-.13ER took effect September 1, 2013…more

Historical Landmarks, SALT, Tax Credits

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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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Update: Finding the Earliest and Least Expensive Exit from Financial Services Class Actions

In this Newsletter: - Gather The Facts And Assess The Risk Up Front. - If The Class Action Is Filed In State Court, Think Strategically About Whether To Remove. - Invest Time, Effort And Resources In…more

Class Action, Litigation Strategies

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Minority Powerbrokers Q&A: Bradley Arant's Hope Cannon

Hope Thai Cannon is a partner with Bradley Arant Boult Cummings LLP in Birmingham, Alabama. She is licensed in Florida, Alabama and Texas, and actively litigates cases in all three states, focusing primarily on Florida and…more

Diversity, Interviews, Women in the Law, Young Lawyers

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Tennessee Court of Appeals Rejects Dormant Commerce Clause Challenge to Cable Exemption in DIRECTV, Inc. v. Roberts

The Tennessee Court of Appeals held on February 27, 2015, that the Tennessee Cable Exemption, which exempts the first $15 of cable television service from sales tax, does not violate the Commerce Clause of the United States…more

Cable Television Providers, DirectTV, Discriminatory Effects Rule, Dormant Commerce Clause, Price Discrimination

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Challenge to Trustee’s Standing to Foreclose Dismissed as Moot after Loan Modification

In Matt v. HSBC Bank USA, N.A., the U.S. Court of Appeals for the First Circuit dismissed as moot a borrower’s claims that HSBC as Trustee for the investor lacked authority to act under the terms of the mortgage…more

Appeals, Banks, Foreclosure, HSBC, Mortgage Lenders

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Foreclosing on FHA-Insured Mortgage in Violation of HUD Regulations Could Constitute Breach of Contract

Eleventh Circuit Rules that Failure to Comply with HUD Regulations in Foreclosing on FHA-Insured Mortgage – Including the Requirement of Having a Face-to-Face Meeting With the Debtor – Can Constitute a Breach of…more

Breach of Contract, FHA, Foreclosure, Government-Guaranteed Loans, HUD

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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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Ethics In The Tech Age: What Every Lawyer Should Consider

In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about technology? Model Rules’ Technology and…more

Confidentiality Agreements, Data Security, Ethics, Rules of Professional Conduct, Technology

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Alabama CON Report - April 2014

In this Issue: - I. Old Business - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - III. New Business - Excerpt from Certificate of Need…more

Ambulatory Surgery Centers, Certificate of Need, Home Health Care, Hospitals, Inpatient Rehab Facilities

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FDIC Bars Financial Institutions from Purchasing Insurance Coverage for Civil Monetary Penalties for Directors and Officers: FDIC Reiterates its Prohibition in Financial Institution Letter 47-2013

We recently notified you of the FDIC’s Financial Institution Letter 47-2013 , which urges directors and officers of financial institutions to examine their institutions’ directors and officers (D&O) insurance coverage to ensure…more

Board of Directors, Civil Monetary Penalty, Corporate Counsel, Corporate Officers, D&O Insurance

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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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Losing At Dodge Ball: Understanding The Supreme Court’s Implied Authorization Of Consent In Executive Benefits Insurance Agency V. Arkison And Why Revision Of 28 U.S.C. § 157(B) Is Critical For Clarity

In this Article: - Introduction - A Tale as Old as Time: The Evolution of Bankruptcy Jurisdiction Before Stern - Let’s Talk About Stern, Baby - Much Ado About Nothing: Executive Benefits Insurance…more

Agency, Article III, Chapter 7, Commercial Bankruptcy, EBIA v Arkison

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Supreme Court Clarifies Judicial Review of the EEOC’s Pre-Suit Conciliation Efforts

Today, the U.S. Supreme Court held in a unanimous decision, that courts have the authority to review the EEOC’s pre-suit conciliation efforts, resolving a split among the circuits and clarifying the scope of judicial oversight…more

Conciliation, Discrimination, EEOC, Judicial Review, Mach Mining v EEOC

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Senator Shelby Moves Forward with Major Dodd-Frank Reforms

On May 12, 2015, U.S. Senator Richard Shelby (R-Ala.), Chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, released the text of draft legislation intended to reform the regulatory framework for…more

Banks, CFPB, Common Securitization Platform, Community Banks, Dodd-Frank

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President Obama Vetoes Congressional Resolution Aimed at Blocking the NLRB’s “Quickie Election” Rule

On March 31, 2015, President Obama used the fourth veto of his presidency to prevent passage of S.J. Res. 8, a congressional resolution aimed at blocking implementation of the NLRB’s “Quickie Election” Rule. The NLRB Rule, which…more

Ambush Election Rules, Barack Obama, Congressional Resolution, NLRB, Presidential Veto

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EEOC Provides Stark Reminder of Scope of Religious Accommodation

When most employers hear the term “reasonable accommodation,” their thoughts immediately turn to the Americans with Disabilities Act (ADA). But the ADA is not the only federal statute that requires employers to accommodate…more

EEOC, Employee Rights, Employer Liability Issues, Employer Mandates, Employment Policies

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Distressed Municipal Debt-Considerations for Local Governments

A confluence of factors, including high debt, spiraling pension obligations, and lower sales and property tax revenues, has forced more municipalities to face insolvency than any time since the 1930s. The two largest municipal…more

Municipalities

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Recent $50,000 Settlement Serves as Reminder that Employers Do Not Always Know What’s Best for their Employees

Question: Your employee has a heart attack and wants to return to work sooner than you think he should. There’s nothing wrong with giving the employee additional time off or terminating the employee if you think the job will…more

ADA, Adverse Employment Action, Disability, Disability Discrimination, EEOC

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Second Bite At Fla. Foreclosures May Not Be So Sweet

Financial services companies pursuing judicial foreclosures in Florida already face a host of unique and challenging hurdles. The varying and often court- or judge-specific procedural, substantive and evidentiary requirements…more

Accelerated Payments, Condominium Associations, Debt Collectors, Deutsche Bank, Foreclosure

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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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

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The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from Antitrust Scrutiny

On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust…more

FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity, Governmental Liability

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A “Bad Day” for NewDay - CFPB finds RESPA and UDAAP Violations in Marketing Arrangements

The CFPB has issued another Consent Order finding certain marketing and advertising services arrangements to violate RESPA’s prohibition on kickbacks. The CFPB required the lender, NewDay Financial, LLC (“NewDay”), to pay a…more

CFPB, Civil Monetary Penalty, Consent Order, Mortgage Lenders, Mortgages

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EDRM Releases A New Model For Analyzing Private Data

Recent high-profile data breaches have placed security of personally identifiable information (PII) at the forefront of many organizations’ concerns. Protecting PII and other private data can be a significant undertaking. Legal…more

Cybersecurity, Data Breach, Data Protection, EDRM, Electronically Stored Information

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A “Bad Day” for NewDay - CFPB finds RESPA and UDAAP Violations in Marketing Arrangements

The CFPB has issued another Consent Order finding certain marketing and advertising services arrangements to violate RESPA’s prohibition on kickbacks. The CFPB required the lender, NewDay Financial, LLC (“NewDay”), to pay a…more

CFPB, Civil Monetary Penalty, Consent Order, Mortgage Lenders, Mortgages

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Seventh Circuit Says Secured Creditors Must File Proof of Claim Within Ninety Days of Meeting of Creditors

Timely proof of claim filings by secured creditors have “been a thorn in the side of many Chapter 13 cases involving secured creditors,” according to Judge Wood in In re Pajian. However, a recent Seventh Circuit decision may…more

Bankruptcy Code, Chapter 13, Commercial Bankruptcy, Proof of Claims, Rule 3002(c)

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Mortgage Lenders Should Timely Consider Protection Afforded by Closing Protection Letters

Mortgage lenders and servicers frequently consider potential indemnity due under finally issued lender’s title insurance policies and strive to submit timely claims when a covered defect arises. These same parties should also…more

Closing Protection Letters, Indemnification, Mortgage Lenders, Mortgage Servicers, 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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IRS Updates Special Tax Notice for Retirement Plans

The Internal Revenue Service has issued Notice 2014-74, updating its safe harbor model notices for use by qualified retirement plans to satisfy the special tax notice requirement under Section 402(f) of the Internal Revenue Code…more

Benefit Plan Sponsors, Distribution Rules, Guidance Update, IRA, IRC

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The First Circuit Joins the D.C. Circuit in Hampering Relators’ Ability to Bring Duplicative Actions Under the False Claims Act’s First-to-File Rule

The First Circuit has become the fourth federal court of appeals to address whether a first-filed yet insufficient complaint still qualifies as a pending action under the first-to-file rule of the False Claims Act…more

False Claims Act, First-to-File, Fraud, Notice Requirements, Pleading Standards

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Supreme Court Rules that Dormant Commerce Clause Limits Maryland’s Taxing Powers over Its Residents

The U.S. Supreme Court issued its long-awaited decision in Comptroller of the Treasury of Maryland v. Wynne on May 18. In a split 5-4 decision, the Court struck down as unconstitutional a feature of Maryland’s income tax system…more

Comptroller of the Treasury v Wynne, Dormant Commerce Clause, Income Taxes, Interstate Commerce, Non-Resident Income Taxes

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New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification Settlement Program

For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S. Tax…more

Contractors, Independent Contractors, IRS, Misclassification, VCSP

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Construction and Procurement Law News - First Quarter 2014

In this Issue: - Federal Circuit’s Metcalf Decision a Big Win for Contractors - Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet - Are No-Damage-for-Delay…more

CBCA, Federal Contractors, Federal Procurement Systems, HHS, Licenses

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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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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 – 2014 Legislative Highlights

Effective January 1, 2015, the method of issuing tax assessments and the informal conference process available to taxpayers will be revamped. 2014 Tenn. Pub. Acts 854. Touted as being more taxpayer-friendly, the two most…more

Fuel Tax, Marketing, Natural Gas, Notice Requirements, Property Tax

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Mortgage Servicers Can Submit Proof of Standing after Filing Complaint, Says Ohio Supreme Court

In Wells Fargo Bank, N.A. v. Horn, the Ohio Supreme Court held “that the plaintiff in a foreclosure action must have standing at the time it files its complaint. But…the plaintiff [is not required to] submit proof of standing at…more

Foreclosure, Mortgage Lenders, Mortgage Servicers, OH Supreme Court, Standing

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Update: Finding the Earliest and Least Expensive Exit from Financial Services Class Actions

In this Newsletter: - Gather The Facts And Assess The Risk Up Front. - If The Class Action Is Filed In State Court, Think Strategically About Whether To Remove. - Invest Time, Effort And Resources In…more

Class Action, Litigation Strategies

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FinCEN Issues a Geographic Targeting Order for Miami-Area Businesses

A Geographic Targeting Order (GTO) is one of the major enforcement tools of the Financial Crimes Enforcement Network (FinCEN). Such orders are issued under the authority of the Bank Secrecy Act and are used to impose stricter…more

Drug Trafficking, FinCEN, GTO, Money Laundering, Terrorist Financing Regulations

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Mississippi CON Report - November 2013

In this Issue: - I. October 2013 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since September 2013 CON Meeting - A. Letters of Intent to Change…more

Certificate of Need

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Dealing with high-risk clients and final advice for maintaining an effective AML compliance program

Dealing with high-risk clients in an era of enhanced AML enforcement - To identify and trace criminal activity, federal law enforcement relies on the mandatory filing of suspicious activity reports (SARs) by financial…more

BSA/AML, Chief Compliance Officers, Compliance, Enforcement, Financial Institutions

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Will your errors and omissions policy pay your defense costs?

The hypothetical - HealthPayPlus (HPP) designs custom record management systems for large hospital systems. HPP developed a system for Research Hospitals of America (RHA) that HPP promised would revolutionize RHA’s…more

Breach of Contract, Duty to Defend, E&O Insurance, Indemnity Insurance, Liability Insurance

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Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For example,…more

ADA, Best Management Practices, Employer Liability Issues, FMLA, PDA

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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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Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a PRP…more

CERCLA, Commercial General Liability Policies, Contaminated Properties, Duty to Defend, Environmental Remediation Costs

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CMS Proposal to Adopt New OMB Delineations May Affect Medicare Reimbursement, GME Payments, and Regulatory Compliance

On April 30, 2014, the Centers for Medicare and Medicaid Services (CMS) issued proposed rules for the Fiscal Year 2015 Medicare Hospital Inpatient Prospective Payment System, in which CMS announced several updates, including its…more

Census, CMS, Healthcare, Hospitals, IPPS

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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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Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a PRP…more

CERCLA, Commercial General Liability Policies, Contaminated Properties, Duty to Defend, Environmental Remediation Costs

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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, TILA

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PayPal’s Settlement with OFAC Demonstrates Importance of Effective Sanctions Compliance Programs for Financial Institutions

On March 25, 2015, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a settlement with PayPal, Inc., the money services business, to resolve apparent violations of multiple U.S. economic…more

Chief Compliance Officers, Compliance, Financial Institutions, Financial Services Industry, OFAC

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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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What’s Up With Wellness Programs Anyway?

My personal interest in employer wellness programs increased a few months ago when my wife and I were offered significant health insurance premium savings through her employer by participating in such a program. We completed…more

ADA, Affordable Care Act, EEOC, Employer Group Health Plans, Health Insurance

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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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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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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, CMS, Covered Recipients, Disclosure Requirements

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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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

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The EEOC Turns 50: What Employers Can Expect In 2015

In 1964, the average income was $5,880. Minimum wage was $1.25/hour. You could buy a new home for $20,500, a new Ford Mustang for $2,360, and Congress passed The Civil Rights Act of 1964, creating the EEOC. This year the EEOC…more

Best Management Practices, EEOC, Employer Liability Issues, Harassment, Minimum Wage

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Alabama CON Report - April 2014

In this Issue: - I. Old Business - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - III. New Business - Excerpt from Certificate of Need…more

Ambulatory Surgery Centers, Certificate of Need, Home Health Care, Hospitals, Inpatient Rehab Facilities

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FDIC Bars Financial Institutions from Purchasing Insurance Coverage for Civil Monetary Penalties for Directors and Officers: FDIC Reiterates its Prohibition in Financial Institution Letter 47-2013

We recently notified you of the FDIC’s Financial Institution Letter 47-2013 , which urges directors and officers of financial institutions to examine their institutions’ directors and officers (D&O) insurance coverage to ensure…more

Board of Directors, Civil Monetary Penalty, Corporate Counsel, Corporate Officers, D&O Insurance

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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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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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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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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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Alabama CON Report - April 2014

In this Issue: - I. Old Business - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - III. New Business - Excerpt from Certificate of Need…more

Ambulatory Surgery Centers, Certificate of Need, Home Health Care, Hospitals, Inpatient Rehab Facilities

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Rx for Data Breaches – Planning

Data breach reports have become a staple of the daily news. Companies of all sizes and across all industries are reporting breaches—whether caused by sophisticated third-party hackers or simple human error, such as a laptop…more

Corporate Counsel, Data Breach, Data Breach Plans, Risk Mitigation

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Sixth Circuit Examines Materiality and Government Knowledge under the FCA

As its name implies, the False Claims Act (FCA) prohibits false or fraudulent claims to the federal government. Broadly construed, the FCA can apply to anyone receiving federal funds, but it is especially critical to government…more

False Claims Act, Federal Contractors, Financial Institutions, Health Care Providers, Materiality

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Second Bite At Fla. Foreclosures May Not Be So Sweet

Financial services companies pursuing judicial foreclosures in Florida already face a host of unique and challenging hurdles. The varying and often court- or judge-specific procedural, substantive and evidentiary requirements…more

Accelerated Payments, Condominium Associations, Debt Collectors, Deutsche Bank, Foreclosure

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Tennessee CON Report - February 2014

In this Report: - I. February 2014—Tennessee Certificate of Need Meeting - A. Consent Agenda - B. Certificate of Need Review - C. General Counsel’s Report - II. Certificate of Need Program…more

Certificate of Need, Healthcare

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401(k) Fee Litigation to Increase Following Tibble Decision

As a result of the U.S. Supreme Court’s decision in Tibble v. Edison Int'l, it will now be easier for participants in 401(k) and other participant-directed plans to bring lawsuits challenging investment options added to the plan…more

401k, Benefit Plan Sponsors, ERISA, Fiduciary Duty, Remand

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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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After Heimeshoff: Applying An ERISA Plan’s Contractual Limitation of Actions Provision

In Heimeshoff v. Hartford Life & Acc. Ins. Co., 134 S.Ct. 604 (2013), the Supreme Court held that an ERISA plan’s contractual limitations period can be enforced, so long as the claimant has a reasonable time after exhausting his…more

Claims Limitations Period, Disability, Disability Insurance, ERISA, SCOTUS

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Reverse Payment Schemes Risk Antitrust Liability: U.S. Supreme Court Declines to Adopt Bright Line Test

A divided Supreme Court recently held in an opinion by Justice Breyer that “reverse payment” or “pay for delay” agreements between patent holders and potential competitors are not immune from scrutiny under antitrust laws…more

Antitrust Litigation, FDA, FTC, FTC v Actavis, Hatch-Waxman

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Subcontractor Working on a Federal Project in Tennessee Protected by Tennessee Prompt Pay Act

The operation and applicability of prompt pay acts in various states is something that contractors ignore to their detriment. A recent Tennessee case drives home the importance of understanding the applicability of any prompt…more

Construction Contracts, Construction Industry, Contract Disputes, Contractors, Prompt Payment

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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, Healthcare, Omnicare, Pharmaceutical

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Sixth Circuit Examines Materiality and Government Knowledge under the FCA

As its name implies, the False Claims Act (FCA) prohibits false or fraudulent claims to the federal government. Broadly construed, the FCA can apply to anyone receiving federal funds, but it is especially critical to government…more

False Claims Act, Federal Contractors, Financial Institutions, Health Care Providers, Materiality

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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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

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CFPB Announces Student Loan “Inquiry”

CFPB Director Richard Cordray announced the commencement of a CFPB “public inquiry” into the hurdles that make repayment of student loans a “stressful process and even at times a harmful one.” Speaking in Milwaukee, Wisconsin…more

CFPB, Loan Servicing, Request For Information, Student Loans

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Real Estate Newsletter - December 2013

The Alabama Supreme Court recently addressed whether a lender must own a mortgage when it initiates foreclosure proceedings and, if not, whether that would invalidate the ownership rights in the property that the lender obtained…more

Foreclosure, Mortgages, Real Estate Market

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EPA Extends Comment Period on Significant Proposed Rule Under the Clean Water Act

The U.S. Environmental Protection Agency (“EPA”) announced that it has extended the comment period on a proposed rule that has the potential to significantly expand the authority of the EPA and the U.S. Army Corps of Engineers…more

Clean Water Act, EPA, Federal Jurisdiction, Public Comment, Rulemaking Process

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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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The Patent Office Clarifies the Ban on Patenting Naturally-Derived Drugs and Other Products

Since the very beginning of America’s revolutionary patent system, inventors in the life sciences have been granted patents for discovering and purifying natural products. It was taken as a given that a purified natural product…more

AMP v Myriad, DNA, FDA, Legal History, Life Sciences

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Alabama CON Report - October 2013

In This Report: - I. Certificate of Need program - A. AL2013-060, Bio-Medical Applications of Alabama, Inc., d/b/a Fresenius Medical Care Foley, Foley, AL - B. AL2013-061, Renal Treatment…more

Certificate of Need

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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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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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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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Commonwealth of Kentucky enacts data breach notification law

On the heels of the widely publicized Target breach, states continue to enact legislation designed to provide notice to their citizens when a security breach involving personal data occurs. Kentucky is the latest state to join…more

Data Breach, New Legislation, Notice Requirements, Personally Identifiable Information, Target

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The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from Antitrust Scrutiny

On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust…more

FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity, Governmental Liability

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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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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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FCRA Preemption: Is Guidance on the Way from the 11th Circuit?

FCRA preemption of state law claims against furnishers of credit information is anything but a settled legal issue. For better or worse, guidance may be on the way soon from the Eleventh Circuit. This is a subject that cannot be…more

Credit Reporting Agencies, FCRA, Former Employee, JPMorgan Chase, Legal History

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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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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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Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the…more

Albertsons, Banner Estrella Medical Center, Barack Obama, Canning v NLRB, Costco

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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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Alabama Legislator Introduces Broad Unitary Combined Reporting Bill

As part of Republican Governor Robert Bentley’s eight-bill revenue package, Representative Mike Hill (R-Columbiana) has introduced a mandatory unitary combined reporting bill (often called “MUCR”), H.B. 142, that would be…more

Proposed Legislation, Revenue, Robert Bentley, State Budgets, Tax Revenues

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Post-Foreclosure Sale Tenant Protections Proposed in Florida

Florida Senate Bill 524 and House Bill 779 would provide certain protections to tenants after the foreclosure sale of residential property. The bills, both of which were introduced on March 3, 2015, would add back certain…more

Foreclosure, Landlords, Protecting Tenants at Foreclosure Act, Residential Property Owners, Tenants

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Alabama CON Report - October 2013

In This Report: - I. Certificate of Need program - A. AL2013-060, Bio-Medical Applications of Alabama, Inc., d/b/a Fresenius Medical Care Foley, Foley, AL - B. AL2013-061, Renal Treatment…more

Certificate of Need

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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, TILA

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Supreme Court Remands Alabama Voting Rights Case

Last week, in Alabama Legislative Black Caucus v. Alabama, the Supreme Court issued an important opinion in the field of voting rights jurisprudence. The question presented to the Court was whether the Alabama legislature’s most…more

Alabama Black Caucus v Alabama, Equal Protection, Fourteenth Amendment, Gerrymandering, Remand

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Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work

In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy requiring…more

Employer Liability Issues, Employment Policies, FMLA, Hospitals, Medical Examinations

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The Importance of Providing Timely Notice to the Insurer

One of the most valuable assets a business owns is its insurance coverage. The goal when purchasing liability insurance—and regularly paying insurance premiums—is to have coverage when, for example, your business is faced with a…more

Business Assets, Commercial General Liability Policies, Liability Insurance, Notice Requirements, Risk Management

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6th Circ. Reminds Employers Of Collective Action Danger

Fair Labor Standards Act collective action cases have become big business for plaintiffs’ lawyers. A recent decision by the Sixth Circuit in Killion v. KeHe Distributors not only illustrates the point, but also limits the…more

Collective Actions, DOL, Employer Liability Issues, FLSA

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CFPB Report on Manufactured Housing Signals Areas of Future Concern

On Tuesday, the Consumer Financial Protection Bureau (“CFPB” or the "Bureau") released a white paper summarizing their research on the manufactured housing industry. The Bureau relied upon information compiled by various…more

CFPB, Dodd-Frank, HMDA, HOEPA, Housing Market

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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

Fannie Mae, FHA, Freddie Mac, Government Shutdown, Mortgages

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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

ADA, ADAAA, Discrimination, EEOC, Employer Liability Issues

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Alabama CON Report - April 2014

In this Issue: - I. Old Business - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - III. New Business - Excerpt from Certificate of Need…more

Ambulatory Surgery Centers, Certificate of Need, Home Health Care, Hospitals, Inpatient Rehab Facilities

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False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014…more

Bank of America, Banking Sector, Banks, BNP Paribas, DOJ

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EPA Extends Comment Period on Significant Proposed Rule Under the Clean Water Act

The U.S. Environmental Protection Agency (“EPA”) announced that it has extended the comment period on a proposed rule that has the potential to significantly expand the authority of the EPA and the U.S. Army Corps of Engineers…more

Clean Water Act, EPA, Federal Jurisdiction, Public Comment, Rulemaking Process

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Implications of Final Regulations Under Internal Revenue Code Section 501(r)

The Internal Revenue Service replaced proposed regulations under Section 501(r) of the Internal Revenue Code (the “Code”) with final regulations in late 2014 (the “Final Regulations”). As enacted in the Patient Protection and…more

Affordable Care Act, CHNA, Exempt Organizations, Financial Assistance Policies, Healthcare

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Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For example,…more

ADA, Best Management Practices, Employer Liability Issues, FMLA, PDA

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Post-Accident Investigation Reports: Protecting Work Product

A workplace accident causes injury. In-house legal counsel edits the resulting post-accident investigation report and labels it “prepared in anticipation of litigation.” Many would assume without question that the report is…more

Accident Reports, Corporate Counsel, Internal Investigations, Work Product Privilege, Workers' Compensation Defense

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ERISA Retaliation Claims: Avoiding Potential Employer Pitfalls

Most employers and human resources professionals are well aware of the various federal discrimination statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination…more

Discrimination, Employee Benefits, Employee Definition, ERISA, FMLA

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Supreme Court Rules that Dormant Commerce Clause Limits Maryland’s Taxing Powers over Its Residents

The U.S. Supreme Court issued its long-awaited decision in Comptroller of the Treasury of Maryland v. Wynne on May 18. In a split 5-4 decision, the Court struck down as unconstitutional a feature of Maryland’s income tax system…more

Comptroller of the Treasury v Wynne, Dormant Commerce Clause, Income Taxes, Interstate Commerce, Non-Resident Income Taxes

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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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Florida Hospital to Settle Stark Law Case for $85 Million: Tentative settlement between Halifax Hospital Medical Center and United States will end much-watched case alleging violations of False Claims Act

The Department of Justice and Florida’s Halifax Hospital Medical Center have reached a tentative $85 million settlement in a case alleging violations of the federal physician self-referral law (commonly known as the “Stark Law”)…more

False Claims Act, Healthcare, Hospitals, Settlement, Stark Law

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The Unrecognized Sole-Source Requirement: A Lesson in Failing to Understand the Specifications

In the recent decision of CMEC/ARC Electric JV v. Dep’t of Veterans Affairs, the Civilian Board of Contract Appeals (CBCA) denied a contractor’s claims for defective specifications when the performance specification at issue…more

CBCA, Contractors, Department of Veterans Affairs, Sole Source Contracts, Subcontractors

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U.S. Supreme Court Addresses Preclusive Effect of Likelihood of Confusion Rulings by Trademark Trial and Appeal Board

Adverse findings in trademark registration opposition and cancellation proceedings in the United States Patent and Trademark Office (PTO) may come back to bite the parties to these relatively inexpensive administrative…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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Implications of Final Regulations Under Internal Revenue Code Section 501(r)

The Internal Revenue Service replaced proposed regulations under Section 501(r) of the Internal Revenue Code (the “Code”) with final regulations in late 2014 (the “Final Regulations”). As enacted in the Patient Protection and…more

Affordable Care Act, CHNA, Exempt Organizations, Financial Assistance Policies, Healthcare

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U.S. Supreme Court Clarifies Timing for Appeal of Individual Case Dismissed Within Consolidated Multidistrict Litigation Proceeding

On January 21, 2015, the U.S. Supreme Court issued its decision in Gelboim v. Bank of America Corp., No. 13-1174, a case involving the timing for an appeal of an individual case that has been dismissed within a consolidated…more

Antitrust Litigation, Bank of America, Case Consolidation, Class Action, Gelboim v Bank of America

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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, CMS, Covered Recipients, Disclosure Requirements

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DOL Settlement Is a Cautionary Tale for ESOP Trustees

The Department of Labor (DOL) recently settled a case involving an employee stock ownership plan (ESOP) that provides guidance but also a warning for trustees and employers contemplating ESOP transactions that later go awry. In…more

Appraisal, DOL, Employer Liability Issues, ESOP, GreatBanc

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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

CFPB, Mortgage Servicers, Mortgage Servicing Rules, Mortgages, Proposed Amendments

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Tennessee Supreme Court Launches Business Court Pilot Project in Davidson County

The Tennessee Supreme Court recently announced the creation of the Davidson County Business Court Pilot Project. The business court represents the court system’s effort to ensure the development of the necessary experience and…more

Business Court, Business Disputes, Business Torts, TN Supreme Court

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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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No Damages for Delay Exceptions: Active Interference?

While a contractor generally has a right to a time extension and damages stemming from a delay caused by the owner, the owner (or general contractor if the harmed party is a subcontractor) may be able to assert several defenses…more

Active Interference, Construction Contracts, Construction Industry, Construction Project, Contractors

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Nevada Court Decisions on HOA Foreclosure Crisis Muddy the Waters

Since September 2014, the lending industry has been scrambling to understand and reconcile the Nevada Supreme Court decision in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., a decision that could potentially wash away billions…more

Foreclosure, HOA, Lien Priority, Lien Stripping, Mortgage Lenders

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Tennessee Supreme Court Launches Business Court Pilot Project in Davidson County

The Tennessee Supreme Court recently announced the creation of the Davidson County Business Court Pilot Project. The business court represents the court system’s effort to ensure the development of the necessary experience and…more

Business Court, Business Disputes, Business Torts, TN Supreme Court

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Update: Finding the Earliest and Least Expensive Exit from Financial Services Class Actions

In this Newsletter: - Gather The Facts And Assess The Risk Up Front. - If The Class Action Is Filed In State Court, Think Strategically About Whether To Remove. - Invest Time, Effort And Resources In…more

Class Action, Litigation Strategies

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Florida Hospital to Settle Stark Law Case for $85 Million: Tentative settlement between Halifax Hospital Medical Center and United States will end much-watched case alleging violations of False Claims Act

The Department of Justice and Florida’s Halifax Hospital Medical Center have reached a tentative $85 million settlement in a case alleging violations of the federal physician self-referral law (commonly known as the “Stark Law”)…more

False Claims Act, Healthcare, Hospitals, Settlement, Stark Law

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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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

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Wisconsin Foreclosure Sale Process Just Got a Lot Faster

Recently, in Bank of New York Mellon v. Carson, the Wisconsin Supreme Court issued a decision that, in the words of Justice David Prosser, Jr., “radically revises the law on mortgage foreclosures” and could significantly…more

Abandoned Property, Foreclosure, Mortgage Lenders, Mortgage Servicers, Secured Lenders

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Senators Urge FCC “Not to Weaken” the Telephone Consumer Protection Act

A group of ten democratic senators led by Senator Edward Markey joined in a letter to the FCC urging it “not to weaken the privacy protections” contained in the Telephone Consumer Protection Act (TCPA) preventing most…more

Corporate Counsel, FCC, Legislative Agendas, Privacy Laws, TCPA

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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, Confidentiality, Corporate Counsel, Corporate Officers

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Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith Anderson…more

Compliance, Corporate Counsel, Employee Rights, Employer Liability Issues, First Glance

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Government Contractor Exemption Bill Passes House

On April 9, the House of Representatives passed HB 419 on a vote of 89-6. The bill, sponsored by Representative Paul DeMarco (R-Homewood) among others and championed by the Alabama Chapter of the Associated Builders &…more

Contractors, Department of Revenue, Exemptions, Government Entities, Proposed Legislation

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Tennessee CON Report - February 2014

In this Report: - I. February 2014—Tennessee Certificate of Need Meeting - A. Consent Agenda - B. Certificate of Need Review - C. General Counsel’s Report - II. Certificate of Need Program…more

Certificate of Need, Healthcare

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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

American Law Institute, Design Defects

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You’ve Got Mail: EEOC Launches Online Pilot Program for Charge Notices

Last week, the Equal Employment Opportunity Commission (EEOC) launched a pilot program called ACT Digital, which is the agency’s first initiative in digitizing its current paper-based charge process. The EEOC receives about…more

Discrimination, EEOC

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Landmark Tax Credit Scholarship Program Upheld by Alabama Supreme Court

On March 2 in an 8-1 decision, the Alabama Supreme Court upheld the constitutionality of the Alabama Accountability Act of 2013 (the “Act”) in Magee et al. v. Boyd et al. The massive 222-page opinion affirmed in part, but…more

AL Supreme Court, Educational Institutions, Scholarships, Tax Credits

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2014 Reports Forecast Regulatory Compliance Challenges for Licensed Financial Services Companies

Mortgage companies and other financial services entities should carefully heed messages provided by their regulatory agencies in three recently released reports. Specifically, on April 27, 2015, three working groups comprised of…more

Annual Reports, Financial Services Industry, Industry Examinations, Mortgage Lenders, Mortgage Loan Originators

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Details of Governor Bill Haslam’s “Revenue Modernization Act” Emerge: Broad-Sweeping Tax Proposals to all Major Tennessee Taxes

The Administration introduced the “Revenue Modernization Act” on February 11 in the Senate Finance Committee, and the proposal includes numerous modifications to all Tennessee’s major taxes, including economic nexus, click-thru…more

Bill Haslam, Proposed Legislation, Tax Reform

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Mississippi CON Report - April 2014

In this Report: I. March 2014 – Mississippi Certificate of Need Meeting II. Certificate of Need Program Report – Filings/Reports Since February 2014 - A. Letters of Intent to Change Ownership - B…more

Certificate of Need, Extensions, Hospitals, Inpatient Rehab Facilities, Letters of Intent

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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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False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014…more

Bank of America, Banking Sector, Banks, BNP Paribas, DOJ

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Senator Shelby Moves Forward with Major Dodd-Frank Reforms

On May 12, 2015, U.S. Senator Richard Shelby (R-Ala.), Chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, released the text of draft legislation intended to reform the regulatory framework for…more

Banks, CFPB, Common Securitization Platform, Community Banks, Dodd-Frank

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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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Can First Deeds of Trust Survive an HOA Foreclosure in Wake of the SFR Investments Decision?

In September 2014, the Nevada Supreme Court, in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. Sep. 18, 2014), held that a portion of a homeowners’ association lien for delinquent assessments has true…more

Deed of Trust, Foreclosure, HOA, HOA Dues, Liens

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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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Hold Your Fire: Tennessee Bars Employers from Terminating Employees for Complying with ‘Guns-in-Trunks’

Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s “guns-in-trunks” statute. The new law creates another exception to Tennessee’s…more

At-Will Employment, Employer Liability Issues, Governor Haslam, Guns-in-Trunks Legislation, Hiring & Firing

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California Expands the Duty of Professional Consultants

Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic losses”…more

Bodily Injury, Construction Industry, Construction Project, Consultants, Negligence

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Borrowers Cannot Challenge Mortgage Assignments, Says Nebraska Joining Other States

Attacking sufficiency, accuracy, or validity of assignments of mortgages and deeds of trust has been among the most common strategies employed by borrowers to challenge foreclosures. Allegations regarding the status of MERS, the…more

Assignments, Deed of Trust, Fannie Mae, Foreclosure, Mortgage Lenders

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BABC Attorneys Author Amicus Brief on Behalf of DRI Regarding Tibble Case in United States Supreme Court

In Tibble v Edison International, Plaintiffs brought fiduciary duty claims against Edison International for alleged mismanagement of Edison’s 401(k) Plan. Plaintiffs’ claims centered upon the fact that the Plan’s investment…more

401k, Employer Liability Issues, ERISA, Fiduciary Duty, SCOTUS

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False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014…more

Bank of America, Banking Sector, Banks, BNP Paribas, DOJ

See All Updates »

Construction and Procurement Law News - First Quarter 2014

In this Issue: - Federal Circuit’s Metcalf Decision a Big Win for Contractors - Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet - Are No-Damage-for-Delay…more

CBCA, Federal Contractors, Federal Procurement Systems, HHS, Licenses

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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

See All Updates »

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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

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CFPB Releases Proposed Rule for Payday ‘Debt Traps’

The Consumer Financial Protection Bureau (CFPB) announced last week that it is considering a proposal aimed at payday lending, which will require lenders to take certain steps intended to increase consumers’ ability to…more

Ability-to-Repay, CFPB, Consumer Lenders, Payday Loans

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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

Fannie Mae, FHA, Freddie Mac, Government Shutdown, Mortgages

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Good Faith Belief in Invalidity of Patent Will Not Immunize Induced Infringer

Bringing a lawsuit for a distinct variety of patent infringement has been made a little easier, which is good news for patent owners but probably bad news for victims of patent trolls. This outcome follows from a recent United…more

Cisco, Cisco v CommilUSA, Good Faith, Honest Belief Defense, Induced Infringement

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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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

See All Updates »

Sixth Circuit Holds That Cases Directly Filed in MDLs Are Governed By Law of Where Case Would Have Been Filed

On May 22, 2015, the United States Court of Appeals for the Sixth Circuit Court of Appeals addressed an important choice-of-law issue for parties involved in multidistrict litigation. When multidistrict litigation is centralized…more

Choice-of-Law, Complex Litigation, Forum, Multidistrict Litigation, Pharmaceutical Manufacturers

See All Updates »

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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

See All Updates »

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

Clawback Agreements, Document Productions, Document Review, Email, Record Preservation

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Alstom Guilty Plea Sends Strong Message that DOJ Has Harsh View of Inadequate Internal Controls and Failure to Fully Cooperate

On December 22, 2014, French power and transportation company Alstom S.A. (“Alstom”) pleaded guilty to violating the Foreign Corrupt Practices Act (“FCPA”) and agreed to pay $772.29 million, the largest criminal fine ever…more

Alstom, Books & Records, Bribery, C-Suite Executives, China

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Sixth Circuit Holds That Cases Directly Filed in MDLs Are Governed By Law of Where Case Would Have Been Filed

On May 22, 2015, the United States Court of Appeals for the Sixth Circuit Court of Appeals addressed an important choice-of-law issue for parties involved in multidistrict litigation. When multidistrict litigation is centralized…more

Choice-of-Law, Complex Litigation, Forum, Multidistrict Litigation, Pharmaceutical Manufacturers

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’Tis the Season of Giving, Right?

We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory…more

Attorney's Fees, Civil Rights Act, Damages, Discrimination, Injunctions

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Wrap-Up of Alabama Legislature Actions

The Alabama Legislature adjourned near midnight on May 20, closing a session that saw lawmakers grant final passage of the two operating budgets and of amendments to the controversial Alabama Accountability Act. With respect to…more

Foreclosure, Income Taxes, New Legislation, Property Tax, Sales & Use Tax

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Senator Shelby Moves Forward with Major Dodd-Frank Reforms

On May 12, 2015, U.S. Senator Richard Shelby (R-Ala.), Chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, released the text of draft legislation intended to reform the regulatory framework for…more

Banks, CFPB, Common Securitization Platform, Community Banks, Dodd-Frank

See All Updates »

Dealing with high-risk clients and final advice for maintaining an effective AML compliance program

Dealing with high-risk clients in an era of enhanced AML enforcement - To identify and trace criminal activity, federal law enforcement relies on the mandatory filing of suspicious activity reports (SARs) by financial…more

BSA/AML, Chief Compliance Officers, Compliance, Enforcement, Financial Institutions

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Tennessee CON Report - November 2013

In this Report: - I. November 2013 — Tennessee Certificate of Need Meeting - A. Emergency Certificate of Need Review - B. General Counsel’s Report - C. Agency Review of Administrative Law Judge’s…more

Certificate of Need, Healthcare, Hospitals, Medicare

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Department of Revenue Issues Proposed Regulation Taxing Digital Streaming Services

The Alabama Department of Revenue has issued a proposed regulation that, if finalized in its present form, would substantially expand the scope of the state and local rental tax applied to video-on-demand and other digital…more

Cable Television Providers, Department of Revenue, Digital Downloads, Netflix, Rental Tax

See All Updates »

Construction and Procurement Law News - First Quarter 2014

In this Issue: - Federal Circuit’s Metcalf Decision a Big Win for Contractors - Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet - Are No-Damage-for-Delay…more

CBCA, Federal Contractors, Federal Procurement Systems, HHS, Licenses

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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EPA Extends Comment Period on Significant Proposed Rule Under the Clean Water Act

The U.S. Environmental Protection Agency (“EPA”) announced that it has extended the comment period on a proposed rule that has the potential to significantly expand the authority of the EPA and the U.S. Army Corps of Engineers…more

Clean Water Act, EPA, Federal Jurisdiction, Public Comment, Rulemaking Process

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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

See All Updates »

U.S. Supreme Court Addresses Preclusive Effect of Likelihood of Confusion Rulings by Trademark Trial and Appeal Board

Adverse findings in trademark registration opposition and cancellation proceedings in the United States Patent and Trademark Office (PTO) may come back to bite the parties to these relatively inexpensive administrative…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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Servicer’s Loss Mitigation Letters Found Not to Be Attempts to Collect a Debt

A recent decision from Pasco County, Florida clarifies for lenders and servicers what constitutes an attempt to collect a debt when they are communicating with a debtor about loss mitigation. In Hurtubise v. P.N.C. Bank, N.A.,…more

Debt Collection, FCCPA, Loss Mitigation, Mortgage Lenders, Mortgage Servicers

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General Contractors Beware: Coverage Under Additional-Insured Endorsement to Subcontractor’s CGL Policy May End When Subcontractor’s Work Is Complete

Within the past four months, two courts interpreting Mississippi law have held that an additional-insured endorsement to a subcontractor’s commercial general liability (CGL) insurance policy did not obligate the insurer to…more

Additional Insured Endorsements, Commercial General Liability Policies, Condominiums, Construction Contracts, Construction Defects

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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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Text Messaging Program Not an Autodialer Under the TCPA

The United States District Court for the Northern District of California recently held in the putative class action Glauser v. GroupMe, Inc. that GroupMe’s text messaging program was not an autodialer under the Telephone…more

Appeals, Corporate Counsel, Putative Class Actions, Robocalling, Summary Judgment

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Unchecked: How Frazier v. CitiFinancial Eliminated Judicially Created Grounds for Vacatur Under the Federal Arbitration Act

Arbitration agreements play a pivotal role in resolving civil disputes. In an effort to avoid the time and expense of litigation, arbitration is often favored over traditional judicial remedies. In 1925, Congress passed the…more

Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act, Federal Rules of Civil Procedure

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Second Bite At Fla. Foreclosures May Not Be So Sweet

Financial services companies pursuing judicial foreclosures in Florida already face a host of unique and challenging hurdles. The varying and often court- or judge-specific procedural, substantive and evidentiary requirements…more

Accelerated Payments, Condominium Associations, Debt Collectors, Deutsche Bank, Foreclosure

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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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Charitable Planning with S Corporation Stock—Making It Work

Since 1998, charities have been able to own S corporation stock (“S stock”). However, the ownership of S stock by an exempt organization may result in either an unexpected tax burden or a liability rather than an asset for the…more

Charitable Donations, Charitable Organizations, Charitable Trusts, Corporate Tax Rates, Estate Tax

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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

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

See All Updates »

Bankruptcy 101 for Intellectual Property Licenses

Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume the…more

Assignments, Executory Contracts, License Agreements, Licenses, Trademarks

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SCRA Post-Service Protections Extended

The Servicemembers’ Civil Relief Act (SCRA) was created to help relieve or suspend the financial burdens placed upon those serving in the U.S. military. One of the key protections afforded by the SCRA is a temporary stay of…more

Automatic Stay, Foreclosure, Military Service Members, Mortgage Lenders, Mortgages

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The Legal Maze of Solar Globalisation

As the utility-scale solar market continues to expand and globalise, project developers and engineering, procurement and construction (EPC) contractors increasingly find themselves considering unfamiliar jurisdictions. A new…more

Energy Projects, Entrepreneurs, EPC Contractor, Foreign Investment, Risk Assessment

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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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Real Estate Newsletter - December 2013

The Alabama Supreme Court recently addressed whether a lender must own a mortgage when it initiates foreclosure proceedings and, if not, whether that would invalidate the ownership rights in the property that the lender obtained…more

Foreclosure, Mortgages, Real Estate Market

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The Demise of the Economic Loss Rule in Construction Defect Litigation

The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s…more

Condominiums, Construction Contracts, Construction Defects, Construction Industry, Construction Project

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HUD Issues New Rules about Surviving Spouses Following Death of Reverse Mortgage Borrower

For the past year and a half, mortgagees of FHA-insured Home Equity Conversion Mortgages (“HECMs”), commonly referred to as reverse mortgages, have had to grapple with issues related to the foreclosure of homes occupied by…more

Foreclosure, HECM, HUD, Mortgages, New Regulations

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Navigating complex post-pregnancy leave and restrictions

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For example,…more

ADA, Best Management Practices, Employer Liability Issues, FMLA, PDA

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Contact

One Federal Place 1819 Fifth Avenue North
Birmingham, Alabama 35203 , United States

  • 205.521.8000
  • 205.521.8800

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
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Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
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  • Tennessee
Number of Attorneys

400+ Attorneys

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