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Scott Adams

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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F. Wendell Allen

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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Kevin Alonso

Final EHR Donation Rules Issued in Time for the New Year

On December 27, 2013, the U.S. Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) issued final rules revising the Stark exception (42 CFR…more

Anti-Kickback Statute, CMS, EHR, Electronic Medical Records, HHS

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Keith S. Anderson

The SCRA can be a Minefield: Recent Ninth Circuit Opinion Addresses Foreclosure Protection

On February 7, the U.S. Ninth Circuit Court of Appeals issued its opinion in Brewster v. Sun Trust Mortgage, Inc. The decision stands as a stark reminder to mortgage lenders and servicers of the importance of verifying a…more

Foreclosure, Military Service Members, Real Estate Market, SCRA

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Jim Archibald

Fifth Circuit’s Ruling on Anti-Kickback Act May Generate More Lawsuits against Federal Contractors

In United States v. Kellogg Brown & Root, Inc., No. 12-40447 (5th Cir. July 19, 2013) (“KBR”), the U.S. Court of Appeals for the Fifth Circuit decided questions of first impression concerning the federal Anti-Kickback Act that…more

Anti-Kickback Statute, Contractors, False Claims Act, Qui Tam, Reporting Requirements

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Anne Averitt

Raising the Bar on Employer Liability for Harassment and Retaliation

On June 24, the Supreme Court issued two new opinions in favor of employers, both five-to-four decisions that narrowly construe the scope of Title VII’s retaliation and employer liability rules and significantly raise the bar on…more

EEOC, Employer Liability Issues, Harassment, Retaliation, SCOTUS

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Marc Ayers

U.S. Supreme Court Rules Employees of Private Companies May Bring Claims for Whistleblower Retaliation Under Sarbanes-Oxley

Yesterday, in an opinion issued in Lawson v. FMR LLC, Case No. 12-3, the United States Supreme Court held that the Sarbanes-Oxley Act of 2002 provides whistleblower protections for employees of private contractors performing…more

Contractors, DOL, Employee Definition, OSHA, Sarbanes-Oxley

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Sarah Baker

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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Andrea Barach

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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Joe Bird

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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Paige Boshell

Marketing in a Wired World: Telemarketing, Text and E-mail Marketing

Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment. Unique…more

Anti-Spam Legislation, CAN-SPAM Act, Canada, Marketing, Spam

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Michael Brent

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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Brie Buchanan

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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Jason Bushby

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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Marc Bussone

Affordable Care Act: Final Rules Provide Transition Relief for Key Provisions of the Employer Mandate

The U.S. Treasury Department has issued final regulations implementing the employer shared responsibility provisions, also referred to as the play-or-pay penalties, under the Patient Protection and Affordable Care Act (ACA)…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Pay or Play

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Beau Byrd

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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Brett R. Carter

State & Local Tax Newsletter: TN Edition

The Tennessee Department of Revenue has issued Notice 13-06 to clarify the tax treatment of single-member limited liability companies (SMLLCs) owned by entities checking the box to be treated as corporations for federal tax…more

Department of Revenue, Intangibles, LLC, SALT, Sole Proprietorship

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R. Aaron Chastain

U.S. Supreme Court Rules Employees of Private Companies May Bring Claims for Whistleblower Retaliation Under Sarbanes-Oxley

Yesterday, in an opinion issued in Lawson v. FMR LLC, Case No. 12-3, the United States Supreme Court held that the Sarbanes-Oxley Act of 2002 provides whistleblower protections for employees of private contractors performing…more

Contractors, DOL, Employee Definition, OSHA, Sarbanes-Oxley

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J. S. Christie

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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Jennifer Clark

Alabama CON Report - March 2014

In This Report: - I. Certificate of Need Program - A. AL2014-001, Excel Rehabilitation, LLC, Montgomery, AL: - B. Contested Case AL2013-036, Hometown Home Health Care of Cherokee County, LLC: - C…more

Certificate of Need

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Paul Compton

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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Mary Ann Couch

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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Keith Covington

U.S. Citizenship and Immigration Services Issues Newly Revised Form I-9, Mandates Use by All Employers

The U.S. Citizenship and Immigration Services (USCIS) recently issued regulations that require all employers to begin using a newly revised Form I-9 to verify the identity and work authorization eligibility of new employees…more

Eligibility, Hiring & Firing, I-9, USCIS

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Patrick Darby

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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Summer Davis

Obama Administration’s Recess Appointments to the NLRB Declared Unconstitutional: All NLRB Decisions Since January 2012 Overturned

In Noel Canning v. NLRB, the D.C. Circuit Court recently ruled that President Obama lacked the authority to make three recess appointments to the five-member National Labor Relations Board (NLRB), rendering the recess…more

Banner Health System, Barack Obama, Canning v NLRB, Costco, Karl Knauz Motors

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Ty Dedmon

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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Michael Denniston

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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Lesley DeRamus

Marketing in a Wired World: Telemarketing, Text and E-mail Marketing

Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment. Unique…more

Anti-Spam Legislation, CAN-SPAM Act, Canada, Marketing, Spam

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David Deusner

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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David Dresher

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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Andrew Elbon

Affordable Care Act: Final Rules Provide Transition Relief for Key Provisions of the Employer Mandate

The U.S. Treasury Department has issued final regulations implementing the employer shared responsibility provisions, also referred to as the play-or-pay penalties, under the Patient Protection and Affordable Care Act (ACA)…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Pay or Play

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Cameron Ellis

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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Bruce Ely

Alabama Senate Unanimously Approves Bill to Establish an Independent Tax Tribunal

Last night, the Alabama Senate passed by a vote of 26-0 Substitute House Bill 105, formerly known as the Alabama Taxpayers’ Bill of Rights II (TBOR II) and recently renamed the “Alabama Taxpayer Fairness Act,” which establishes…more

Tax Appeals, Tax Assessment, Tribunals

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Stuart Frentz

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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Joseph Gibbs

State & Local Tax Newsletter: TN Edition

The Tennessee Department of Revenue has issued Notice 13-06 to clarify the tax treatment of single-member limited liability companies (SMLLCs) owned by entities checking the box to be treated as corporations for federal tax…more

Department of Revenue, Intangibles, LLC, SALT, Sole Proprietorship

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John Goodman

Marketing in a Wired World: Telemarketing, Text and E-mail Marketing

Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment. Unique…more

Anti-Spam Legislation, CAN-SPAM Act, Canada, Marketing, Spam

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Aaron Graham

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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Gregory Marshall

Fifth Circuit’s Ruling on Anti-Kickback Act May Generate More Lawsuits against Federal Contractors

In United States v. Kellogg Brown & Root, Inc., No. 12-40447 (5th Cir. July 19, 2013) (“KBR”), the U.S. Court of Appeals for the Fifth Circuit decided questions of first impression concerning the federal Anti-Kickback Act that…more

Anti-Kickback Statute, Contractors, False Claims Act, Qui Tam, Reporting Requirements

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Michael Griffin

The SCRA can be a Minefield: Recent Ninth Circuit Opinion Addresses Foreclosure Protection

On February 7, the U.S. Ninth Circuit Court of Appeals issued its opinion in Brewster v. Sun Trust Mortgage, Inc. The decision stands as a stark reminder to mortgage lenders and servicers of the importance of verifying a…more

Foreclosure, Military Service Members, Real Estate Market, SCRA

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Christopher Grissom

Important New and Amended ADOR Regulations Now in Effect

Replacement Local Nexus Rule: The Alabama Department of Revenue’s (ADOR) new local nexus regulation, Rule 810-6-5-.04.02, is now in effect and applies to all transactions occurring on or after January 1, 2014. The ADOR…more

Department of Revenue, Nexus, Sales & Use Tax

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Revelle Gwyn

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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Chelsey Hadfield

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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Stephen Hall

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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Elizabeth Hamrick

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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Christy Hancock

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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Kyle Hankey

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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Jay Hardcastle

2013 – The Health Law Year in Review

As 2013 draws to a close, we are pleased to look back on the year that was and highlight some of the key developments in the ever-changing field of health law. While a great deal of attention was focused on the implementation of…more

Acquisitions, Affordable Care Act, CMS, Drug Compounding, Health Insurance Exchanges

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John W. Hargrove

Criminal Background Checks: EEOC Enforcement and Ban-the-Box Update

The EEOC last year took a new step toward attempting to limit criminal background checks by employers. Recently the EEOC filed two well-publicized lawsuits alleging race discrimination against two different employers for using…more

Ban the Box, Criminal Background Checks, Discrimination, EEOC, Hiring & Firing

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Judd Harwood

MedPAC Recommends Reduction To Hospital Outpatient Department, LTCH Payment Rates, Increases To Inpatient Acure Care Hospital Rates: Changes Seek To Reduce "Site-Of-Service" Payment Differences

On January 16, the Medicare Payment Advisory Committee (MedPAC) unanimously voted to recommend that Congress direct the Secretary of Health and Human Services to..…more

Healthcare, Healthcare Reform, Hospitals, Inpatient Billing, Long-Term Care

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Tripp Haston

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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Jonathan Head

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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Warne Heath

Web-Surfing Your Job Applicants—TMI?

The ever-increasing volume of information that people—your current employees, former employees, and job applicants—publish through the use of social media, email, tweets, and other types of electronic posts can be helpful in…more

Discrimination, Employment Application, Human Resources Professionals, Job Applicants, Social Media

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James Henry

Alabama CON Report - March 2014

In This Report: - I. Certificate of Need Program - A. AL2014-001, Excel Rehabilitation, LLC, Montgomery, AL: - B. Contested Case AL2013-036, Hometown Home Health Care of Cherokee County, LLC: - C…more

Certificate of Need

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Katherine Henry

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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Rudy Hill

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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Charles Hill III

Mississippi Supreme Court Reverses Court of Appeals in Equifax Case

In a landmark (and somewhat surprising) decision issued June 20, the Mississippi Supreme Court reversed the Mississippi Court of Appeals’ decision in Equifax, Inc. and Equifax Credit Info. Services, Inc. v. Miss. Dep’t of…more

Administrative Procedure Act, Apportionment, Audits, Equifax, Income Taxes

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Matthew Hinshaw

PARCA Issues 25th Anniversary Report: How Alabama’s Taxes Compare

The well-respected Public Affairs Research Council of Alabama (PARCA), headquartered at Samford University in Birmingham, has issued its 25th anniversary report, How Alabama’s Taxes Compare, which discusses the sources and uses…more

Income Taxes, Tax Reform

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Holly Hosford

Alabama CON Report - March 2014

In This Report: - I. Certificate of Need Program - A. AL2014-001, Excel Rehabilitation, LLC, Montgomery, AL: - B. Contested Case AL2013-036, Hometown Home Health Care of Cherokee County, LLC: - C…more

Certificate of Need

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Ty Howard

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ…more

Calculation of Damages, Cause Theory, CMS, Compliance, DOJ

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Lauren Jacques

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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B. David Joffe

Affordable Care Act: Final Rules Provide Transition Relief for Key Provisions of the Employer Mandate

The U.S. Treasury Department has issued final regulations implementing the employer shared responsibility provisions, also referred to as the play-or-pay penalties, under the Patient Protection and Affordable Care Act (ACA)…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Pay or Play

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Nathan Johnson

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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Jessica Jones

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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Elizabeth Josephs

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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Daniel Kaufmann

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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Riley Key

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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Jonathan Kolodziej

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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Jack Kubiszyn

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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Elliot Labovitz

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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Nicholas Landau

Scanner Patent Troll Update: Titans Finally Enter the Battle

If you are like thousands of small American businesses, you might have received a dubious “cease and desist” letter during recent months from an LLC with an odd name. The LLC’s name has six letters, the first and fourth of which…more

Cease and Desist, Infringement, Inter Partes Review Proceedings, Licenses, Patent Trolls

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Kristen A. Larremore

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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Alex Leath

HB16 Would Make Significant Changes to Economic Development in Alabama

Representative Patricia Todd (D-Birmingham) has introduced HB16, the Alabama Economic Development and Fiscal Accountability Act, for the upcoming legislative session that would make substantial changes to economic development in…more

Department of Revenue, Economic Development, Private Right of Action, Property Tax, Tax Incentives

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Matthew Lembke

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

See All Updates »

Scott Lenz

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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Amy Leopard

Privacy and Security Alert: January 9th, 2014

On December 5, 2013, the Office of Inspector General (OIG) reported on the Office for Civil Rights’ (OCR) compliance as of May 2011 with oversight and enforcement of the Security Rule and compliance with federal cybersecurity…more

CMS, Compliance, Confidential Information, Cybersecurity, Electronic Medical Records

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Jay L. Levine

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

See All Updates »

Jack Levy

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 »

Mark Lewis

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

See All Updates »

Travis Lloyd

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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Matthew C. Lonergan

EEOC Strategic Enforcement Plan

As the first quarter of 2013 has come to a close, employers have begun to notice the Equal Employment Opportunity Commission’s (EEOC) efforts at increased enforcement in line with its Strategic Enforcement Plan (SEP)…more

ADAAA, Anti-Discrimination Policies, DOL, EEOC, Hiring & Firing

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Anna Long

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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James Long

Alabama Senate Unanimously Approves Bill to Establish an Independent Tax Tribunal

Last night, the Alabama Senate passed by a vote of 26-0 Substitute House Bill 105, formerly known as the Alabama Taxpayers’ Bill of Rights II (TBOR II) and recently renamed the “Alabama Taxpayer Fairness Act,” which establishes…more

Tax Appeals, Tax Assessment, Tribunals

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Elena Lovoy

FFIEC Issues Social Media Guidance: Social Media Channels Present Privacy Compliance Challenges

If you are using social media to attract and interact with customers, you should review the recent supervisory guidance from the Federal Financial Institutions Examination Council (FFIEC). The guidance, titled “Social Media:…more

Banks, CAN-SPAM Act, CFPB, Compliance, COPPA

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Colin H. Luke

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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Robert Maddox

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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Kate Margolis

Mississippi CON Report - July 2013

In this report: - I. June 2013 – Mississippi Certificate of Need Meeting - II. July 3 Oral Proceeding on Proposed Freestanding Emergency Department Pilot Program - III. Certificate of Need Program Report –…more

Certificate of Need, Economic Development, Emergency Management Plans, Filing Requirements

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Chuck Mataya

OFCCP Places New Risks and Obligations on Contractors

Lost among much of the other news of recent weeks, the Office of Federal Contract Compliance Programs (OFCCP) has taken steps that will likely complicate the management of organizations that choose to do business with the…more

Contractors, Disability, Federal Contractors, Hiring & Firing, OFCCP

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Kevin Mattingly

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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Jennifer McGahey

Employees Who Work Abroad: Are They Covered by U.S. Employment Laws?

With the globalization of today’s economy, companies are increasingly employing workers—both U.S. and non-U.S. citizens—in foreign countries. But just because an employee works beyond U.S. borders doesn’t automatically exempt…more

ADA, ADEA, Extraterritoriality Rules, FLSA, FMLA

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Evelyn McKinney

CON Law Amendments Ease Change of Ownership Transactions

This month, Alabama Governor Robert Bentley signed into law key revisions to the state’s Certificate of Need (CON) Laws that clarify and, we believe, will facilitate change of ownership transactions among health care providers…more

Acquisitions, Certificate of Need, Change of Ownership, Healthcare Facilities, LLC

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Carey B. McRae

Alabama CON Report - March 2014

In This Report: - I. Certificate of Need Program - A. AL2014-001, Excel Rehabilitation, LLC, Montgomery, AL: - B. Contested Case AL2013-036, Hometown Home Health Care of Cherokee County, LLC: - C…more

Certificate of Need

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Mark Miller

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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Matthew T. Miller

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring…more

Ban the Box, Criminal Background Checks, Discrimination, EEOC, Hiring & Firing

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Richard Monk

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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Mary Clay Morgan

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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Patricia Head Moskal

State & Local Tax Newsletter: TN Edition

The Tennessee Department of Revenue has issued Notice 13-06 to clarify the tax treatment of single-member limited liability companies (SMLLCs) owned by entities checking the box to be treated as corporations for federal tax…more

Department of Revenue, Intangibles, LLC, SALT, Sole Proprietorship

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Wendy Mullins

Mississippi Enacts Academic Research Rebate Legislation and Expands Existing Motion Picture Production Rebate Program

Mississippi recently enacted two pieces of legislation that should encourage private investment in the state. The Strengthening Mississippi Academic Research Through Business (SMART Business) Act (House Bill 826), which…more

Colleges, Motion Picture Industry, New Legislation, Rebates, SMART

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Daniel Murphy

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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Jake Neu

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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Dinetia Newman

Mississippi CON Report - March 2014

In This Report: - I. February 2014 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since January 2014 - B. Determinations of Reviewability - C…more

Certificate of Need

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Amanda Nichols

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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Gordon Earle Nichols

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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D. Brian O'Dell

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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Michael R. Pennington

Supreme Court Makes Clear That CAFA Removal Is Not Defeated by Plaintiffs' Amount-in-Controversy Stipulations

A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members to…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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John Perry

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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Ann Phelps

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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David Pugh

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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Christopher Puri

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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J. Sims Rhyne

House Ways and Means Chair Camp Releases Comprehensive Tax Reform Proposal

As expected, House Ways and Means Committee Chair Dave Camp (R-Mich.) released his long-awaited tax reform discussion draft on Wednesday, February 26, in which he seeks to lower the individual and corporate tax rates as well as…more

Corporate Taxes, Excise Tax, Income Taxes, Tax Reform, Ways and Means Committee

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T. Richard Roberson

Mississippi CON Report - March 2014

In This Report: - I. February 2014 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since January 2014 - B. Determinations of Reviewability - C…more

Certificate of Need

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Brad Robertson

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ…more

Calculation of Damages, Cause Theory, CMS, Compliance, DOJ

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Ryan Robichaux

House Ways and Means Chair Camp Releases Comprehensive Tax Reform Proposal

As expected, House Ways and Means Committee Chair Dave Camp (R-Mich.) released his long-awaited tax reform discussion draft on Wednesday, February 26, in which he seeks to lower the individual and corporate tax rates as well as…more

Corporate Taxes, Excise Tax, Income Taxes, Tax Reform, Ways and Means Committee

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Laura Schiele Robinson

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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John Rodgers

Obama Administration Seeks Changes to Overtime Rules to Make More Workers Eligible for Overtime Pay: Possible Changes Include Altering Salary Basis, Primary Duties Tests for 'White-Collar' Exemptions

In a move that could affect nearly all employers, President Barack Obama signed a presidential memorandum last week directing the U.S. Department of Labor (DOL) to update its overtime regulations to make more employees eligible…more

DOL, FLSA, Unpaid Overtime, Wage and Hour

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David Roth

Rakoff Decision Supports Feds’ Broad Application of FIRREA

On August 16, 2013, Judge Jed S. Rakoff of the Southern District of New York issued a ruling in in United States v. Countrywide Financial Corp., No. 12 Civ. 1422, that will likely be relevant to any financial institution facing…more

False Claims Act, Fannie Mae, FIRREA, Freddie Mac, Loans

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Jack Selden

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ…more

Calculation of Damages, Cause Theory, CMS, Compliance, DOJ

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Brian Shelton

Tennessee Property Tax Assessment Appeals: Davidson County in Reappraisal Year

With Davidson County and several other Tennessee counties in reappraisal years, we remind Tennessee property owners that now is the time to request an appointment to appeal real or personal property assessments if you disagree…more

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Avery Simmons

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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Brooks Smith

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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John Smith

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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Paul Smith

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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Scott Burnett Smith

Supreme Court Makes Clear That CAFA Removal Is Not Defeated by Plaintiffs' Amount-in-Controversy Stipulations

A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members to…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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Fritz Spainhour

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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Frankie Spero

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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Stephen Spivack

Department of Justice Cites Poor Compliance Program and Lack of Cooperation in Extracting Significant FCPA Penalties in Marubeni Settlement

The importance of a company’s response to a Department of Justice (“DOJ”) investigation into possible violations of the Foreign Corrupt Practices Act (“FCPA”) was highlighted last week when Marubeni Corporation (“Marubeni”)…more

Compliance, DOJ, Enforcement Actions, FCPA, Penalties

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Whitt Steineker

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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Charles Stewart

’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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Dave Stewart

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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J. David Stewart

House Ways and Means Chair Camp Releases Comprehensive Tax Reform Proposal

As expected, House Ways and Means Committee Chair Dave Camp (R-Mich.) released his long-awaited tax reform discussion draft on Wednesday, February 26, in which he seeks to lower the individual and corporate tax rates as well as…more

Corporate Taxes, Excise Tax, Income Taxes, Tax Reform, Ways and Means Committee

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Erin Sullivan

Department of Justice Cites Poor Compliance Program and Lack of Cooperation in Extracting Significant FCPA Penalties in Marubeni Settlement

The importance of a company’s response to a Department of Justice (“DOJ”) investigation into possible violations of the Foreign Corrupt Practices Act (“FCPA”) was highlighted last week when Marubeni Corporation (“Marubeni”)…more

Compliance, DOJ, Enforcement Actions, FCPA, Penalties

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Zeterrika Tanner

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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William Thistle

Important New and Amended ADOR Regulations Now in Effect

Replacement Local Nexus Rule: The Alabama Department of Revenue’s (ADOR) new local nexus regulation, Rule 810-6-5-.04.02, is now in effect and applies to all transactions occurring on or after January 1, 2014. The ADOR…more

Department of Revenue, Nexus, Sales & Use Tax

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Sid Trant

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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Jay Turner

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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Laurence Vinson

Update: Banks Must Protect Depositors' Social Security and Other Federal Benefits from Garnishments - Treasury Issues Final Rule

The U.S. Treasury and four other federal agencies jointly issued their final rule1requiring depository institutions to protect up to two months’ worth of their depositors’ direct deposits of Social Security and certain other…more

Bank Accounts, Depository Institutions, Garnishment, Pensions, Social Security Benefits

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James Watkins

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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Stephen Wilson

Mississippi Supreme Court Reverses Court of Appeals in Equifax Case

In a landmark (and somewhat surprising) decision issued June 20, the Mississippi Supreme Court reversed the Mississippi Court of Appeals’ decision in Equifax, Inc. and Equifax Credit Info. Services, Inc. v. Miss. Dep’t of…more

Administrative Procedure Act, Apportionment, Audits, Equifax, Income Taxes

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J. Keith Windle

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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Anne Yuengert

Terminating an Employee on the Heels of an FMLA Request: A Court Offers Some Guidance on Doing It Legally

A problematic employee is teetering on the brink of termination and suddenly requests FMLA leave. Do you terminate him for cause or grant the FMLA leave and give him another chance to avoid the retaliation claim? What if he also…more

FMLA, Hiring & Firing, Retaliation, Termination

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