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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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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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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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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 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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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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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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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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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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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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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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Federal Miller Act Rights Trump State Statute Precluding Claims by Non-Licensed Contractors

In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller Act,…more

Appeals, Construction Disputes, Contractor's License, Contractors, Miller Act

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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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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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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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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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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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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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ERISA Litigation: What Benefits and Other Professionals Need to Know

In This Presentation: - Stephens v. Citation Corp. (N.D. Ala. 2010) (Acker, J.) - Erisa Topics Today - ERISA Preemption: Good or Bad? - Provident Internal Memorandum re: ERISA, Oct. 2, 1995 -…more

Attorney-Client Privilege, Employee Benefits, Employer Liability Issues, Employer Mandates, ERISA

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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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An Associate's Reflections on Her First Oral Argument

I had several appeals pending earlier this year, so it wasn’t a complete surprise when I received the order from the Florida Third District Court of Appeal setting one of them for oral argument. I had been waiting for this…more

Oral Argument, Trials, Young Lawyers

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How the Great Recession Has Affected Mortgage Securitization, Servicing, and Homeownership

The house price bubble and the financial crisis exposed significant weaknesses in mortgage underwriting, the packaging of mortgage-backed securities (MBS), and the mortgage servicing industry. Over the course of the Great…more

CFPB, Dodd-Frank, Fannie Mae, FHFA, Freddie Mac

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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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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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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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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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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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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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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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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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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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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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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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Possible Impact on Alabama Taxpayers: Michigan Supreme Court Rules that IBM Entitled to Use Multistate Tax Compact Election

In International Business Machines Corp. v. Department of Treasury, the Michigan Supreme Court ruled that IBM was entitled to apportion its business income for purposes of the Michigan Business Tax (“MBT”) using the Multistate…more

Business Taxes, IBM, Multistate Tax Compact, U.S. Treasury

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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

See All Updates »

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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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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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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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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Alabama Joins Transfer Pricing Advisory Group to Develop New Service for the Multistate Tax Commission

Alabama has joined the District of Columbia, Florida, Georgia, Hawaii, Iowa, Kentucky, New Jersey, and North Carolina as members of the Arm’s Length Adjustment Services (ALAS) Advisory Group, a new project by the Multistate Tax…more

Income Taxes, Multistate Tax Commission, Transfer Pricing

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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

See All Updates »

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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Seventh Circuit Limits “Worthless Services” Theory under False Claims Act

On August 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless services”…more

False Claims Act, Healthcare, Healthcare Fraud, Jury Verdicts, Medicaid

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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 and invalidated President Obama’s January 2012 appointments of three individuals to the National Labor Relations Board (NLRB), Terence…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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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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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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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

See All Updates »

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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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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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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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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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

See All Updates »

Seventh Circuit Limits “Worthless Services” Theory under False Claims Act

On August 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless services”…more

False Claims Act, Healthcare, Healthcare Fraud, Jury Verdicts, Medicaid

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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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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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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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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

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 »

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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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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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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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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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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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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Seventh Circuit Limits “Worthless Services” Theory under False Claims Act

On August 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless services”…more

False Claims Act, Healthcare, Healthcare Fraud, Jury Verdicts, Medicaid

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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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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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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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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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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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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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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 Joins Transfer Pricing Advisory Group to Develop New Service for the Multistate Tax Commission

Alabama has joined the District of Columbia, Florida, Georgia, Hawaii, Iowa, Kentucky, New Jersey, and North Carolina as members of the Arm’s Length Adjustment Services (ALAS) Advisory Group, a new project by the Multistate Tax…more

Income Taxes, Multistate Tax Commission, Transfer Pricing

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Maine Supreme Court Addresses MERS Assignments and Payoff Amounts During Cure Periods

The Maine Supreme Court has been active in the last few months – issuing several decisions that will likely impact foreclosure actions in that state. The decisions covered a full range of foreclosure issues, from whether a…more

Cure Periods, Default, Foreclosure, MERS, Mortgage Servicers

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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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U.S. Supreme Court Standardizes Standing Analysis for False-Advertising Claims Under the Lanham Act

On March 25, 2014, the Supreme Court held that false-advertising claims brought under the Lanham Act are not limited to direct competitors of the allegedly false advertiser. Instead, the Act authorizes any person to bring an…more

Copyright Infringement, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components

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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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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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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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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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United States Supreme Court Holds that CERCLA Allows State Statutes of Repose to Limit Plaintiffs’ Injury Claims

This week, the United States Supreme Court issued a ruling of interest to any Potentially Responsible Party regarding the effect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on state…more

CERCLA, CTS v Waldburger, Environmental Liability, Environmental Policies, Preemption

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California Law Restricting Non-Licensed Contractors’ Right to Recover for Unpaid Services Does Not Apply to Miller Act Claims

In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid services…more

Construction Contracts, Construction Litigation, Contractor's License, Contractors, Federal Contractors

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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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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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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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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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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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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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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 »

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 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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Maine Supreme Court Addresses MERS Assignments and Payoff Amounts During Cure Periods

The Maine Supreme Court has been active in the last few months – issuing several decisions that will likely impact foreclosure actions in that state. The decisions covered a full range of foreclosure issues, from whether a…more

Cure Periods, Default, Foreclosure, MERS, Mortgage Servicers

See All Updates »

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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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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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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Washington State Supreme Court Limits Attorney-Client Privilege for Healthcare-Provider Corporations

In a major decision that affects healthcare-provider corporations, the Washington State Supreme Court significantly limited attorneys’ ability to engage in privileged conversations with the provider corporation’s employed…more

Attorney-Client Privilege, Corporate Counsel, Ex-Parte Communications, Health Care Providers, Healthcare

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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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The Duty to Defend: Understanding the Obligation and Identifying Some Tools Under Mississippi Law

Liability insurance coverage should always be an initial consideration when any business faces a claim or lawsuit. Do we have coverage for that? Ideally, the answer is an unqualified “yes.” In reality, the answer from an insurer…more

Duty to Defend, Liability Insurance

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Possible Impact on Alabama Taxpayers: Michigan Supreme Court Rules that IBM Entitled to Use Multistate Tax Compact Election

In International Business Machines Corp. v. Department of Treasury, the Michigan Supreme Court ruled that IBM was entitled to apportion its business income for purposes of the Michigan Business Tax (“MBT”) using the Multistate…more

Business Taxes, IBM, Multistate Tax Compact, U.S. Treasury

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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

See All Updates »

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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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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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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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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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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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 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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Seventh Circuit Limits “Worthless Services” Theory under False Claims Act

On August 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless services”…more

False Claims Act, Healthcare, Healthcare Fraud, Jury Verdicts, Medicaid

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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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

See All Updates »

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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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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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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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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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 SEC Whistleblower Program

On Oct. 1, 2013, the Securities and Exchange Commission (SEC) announced that it had awarded more than $14 million to an unidentified whistleblower who provided information leading to a successful enforcement action — by far the…more

Anti-Retaliation Provisions, Compliance, DOL, Employer Liability Issues, Enforcement Actions

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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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’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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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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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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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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Alabama Tax Tribunal to Issue Proposed Regulations on July 31

Last spring, the Alabama Legislature passed the landmark Alabama Taxpayer Fairness Act, Act # 2014-146, the modified successor to a bill long known as the Alabama Taxpayers’ Bill of Rights II (“TBOR II”). Although the lengthy…more

Discovery, Rules of Civil Procedure, SALT, State Taxes

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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

See All Updates »

United States Supreme Court Holds that CERCLA Allows State Statutes of Repose to Limit Plaintiffs’ Injury Claims

This week, the United States Supreme Court issued a ruling of interest to any Potentially Responsible Party regarding the effect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on state…more

CERCLA, CTS v Waldburger, Environmental Liability, Environmental Policies, Preemption

See All Updates »

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 »

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

See All Updates »

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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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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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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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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Smooth Operator

The successful financing, negotiation and construction of a utility-scale solar power plant are significant achievements for all parties. However, owners and providers face an entirely new set of challenges once the plant is…more

Energy Projects, Financing, Operation & Maintenance, Solar Energy, Solar Farm

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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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Alabama Joins Recent Trend of States Finding Defective Work May Be Covered Under a Commercial General Liability Policy

The Supreme Court of Alabama recently held in Owners Ins. Co. v. Jim Carr Homebuilder, LLC that a contractor’s commercial general liability (“CGL”) policy provided coverage for property damage caused by the defective work of…more

Arbitration, Arbitration Awards, Commercial General Liability Policies, Construction Defects, Construction Site

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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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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Mississippi
  • North Carolina
  • Tennessee
Number of Attorneys

400+ Attorneys

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