Bradley Arant Boult Cummings LLP

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

  • 205.521.8000
  • 205.521.8800

Alabama CON Report - October 2014

In This Issue: - I. Certificate of Need Program - A. AL2014-029, Baptist Health System, Inc. d/b/a Shelby Baptist Medical Center, Alabaster, AL: - II. Reviewability Determinations and Pending Reviewability…more
| Health

EEOC Sues FedEx Ground for Failing to Accommodate Deaf Employees and Recruits

The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that FedEx…more
| Civil Rights, Labor & Employment Law

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

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

Will your errors and omissions policy pay your defense costs?

The hypothetical - HealthPayPlus (HPP) designs custom record management systems for large hospital systems. HPP developed a system for Research Hospitals of America (RHA) that HPP promised would revolutionize RHA’s…more
| Commercial Law & Contracts, Personal Injury, Health, Insurance, Science, Computers, & Technology

But Wait . . . My Workers Are Independent Contractors, Right?

Following the U.S. Department of Labor’s recent release of its Memorandum of Understanding (“MOU”) with the Alabama Department of Labor, employers should not rest easy simply because they classify their workers as independent…more
| Labor & Employment Law

Are You Covered When the CFPB Comes Calling? Protecting Insurance Coverage for CFPB Investigation Defense and Settlement Costs

Receiving a Consumer Financial Protection Bureau (CFPB) Civil Investigative Demand or Proposed Action, Response Request (PARR) letter is never good news. However, that news can become significantly worse if you discover, to your…more
| Finance & Banking, Insurance

New ACA Rules Allow Employees a Second Trip Through the Cafeteria Plan Election Line

Under Notice 2014-55, the Internal Revenue Service (IRS) will now permit a cafeteria plan to allow an employee to revoke his election for coverage under the employer's group health plan in order to purchase a qualified health…more
| Labor & Employment Law, Health, Taxation

CFPB Report on Manufactured Housing Signals Areas of Future Concern

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

“Hurricane” Servers at Pat O’Brien’s File Suit for Stolen Tips and Unpaid Wages

Bartenders at the popular New Orleans watering hole, Pat O’Brien’s, have sued the bar in federal court claiming that managers regularly took money out of their tip jars, causing them to receive less than the minimum wage…more
| Labor & Employment Law

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

Eleventh Circuit Rules that Failure to Comply with HUD Regulations in Foreclosing on FHA-Insured Mortgage – Including the Requirement of Having a Face-to-Face Meeting With the Debtor – Can Constitute a Breach of…more
| Finance & Banking, Consumer Protection, Real Estate - Residential

Department of Defense Announces Proposed Changes to Military Lending Act to Curb Certain Lending Practices by Payday Lenders and Others

On September 26, 2014, the Department of Defense (DoD) announced proposed changes to its regulation implementing the Military Lending Act (MLA). The MLA, passed by Congress in 2006, provides active duty service members and their…more
| Finance & Banking, Consumer Protection, Military Law

Year-End Tax Planning and Scholarship Tax Credits

The Alabama Accountability Act of 2013 provides state income tax credits to certain donors who make contributions to a qualified scholarship granting organization operating within Alabama, including our client, the Alabama…more
| Education, Finance & Banking, Taxation

The New Alabama Tax Tribunal Is Open for Business

In March 2014, the Alabama Legislature passed the landmark Alabama Taxpayer Fairness Act (Act No. 2014-146), a substitute to the Alabama Taxpayers’ Bill of Rights II legislation, which had been introduced in various forms over…more
| Taxation

Triple Play Sports Bar Appeals NLRB’s Recent Facebook “Like” Decision

In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced…more
| Labor & Employment Law

Is the End Near for MERS Litigation in Rhode Island?

On September 25, 2014, after years of litigation on the role, authority, and legal standing of Mortgage Electronic Registration Systems, Inc. (MERS) to act on behalf of the mortgagee, the Rhode Island Supreme Court issued 10…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential
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400+ Attorneys

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