Bradley Arant Boult Cummings LLP

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

  • 205.521.8000
  • 205.521.8800

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
| Civil Procedure, Civil Remedies, Labor & Employment Law, Health, Government Contracting

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
| Civil Procedure, Conflict of Laws, Business Torts, Intellectual Property

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
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

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
| Civil Procedure, Finance & Banking, Business Torts, Real Estate - Residential

Dealmakers Q&A: Bradley Arant's D. Franklin

D. Franklin is a partner with Bradley Arant Boult Cummings LLP in Birmingham, Alabama. He advises clients on a broad range of issues, including mergers and acquisitions, finance transactions, and federal and state securities…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions

Alabama CON Report - August 2014

In This Report: - I. SHPDA Administrative Report - A. For Informational Purposes Only - II. Certificate of Need Program - A. Reconsideration on Home Health Batched Applications - B…more
| Health

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting

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
| Civil Remedies, Construction Law, Government Contracting

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

Another Employer Takes a “Collective” Hit

Fair Labor Standards Act (“FLSA”) “collective action" cases have become big business for plaintiffs’ lawyers. A recent decision by the United States Court of Appeals for the Sixth Circuit, Killion v. KeHe Distributors, not only…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Mississippi CON Report - August 2014

In This Report: - I. July 2014 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since June 2014 - A. Letters of Intent to Change Ownership - B…more
| Health

Bridging the Workplace Creativity Gap

Progressive employers want workers with high levels of what David Kelley calls, in his recent book of the same title, “Creative Confidence.” Kelley, the head of Stanford’s d.school and founder of the design firm IDEO, defines…more
| Law Practice Products & Services

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
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

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
| Civil Remedies, Construction Law, Insurance, Real Estate - Residential
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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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