Bradley Arant Boult Cummings LLP

Interacting with Settlement Agents to Ensure TRID Compliance

Last October, the Consumer Financial Protection Bureau’s (CFPB) new integrated mortgage disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act (commonly known as the TILA-RESPA Integrated…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

Get Ready to Share More: EEO-1 Soon to Require More on Pay and Wages

The EEOC has proposed a new rule to revise the federal EEO-1 form to include employee pay data on filings beginning September 30, 2017. EEO-1s would have to include W-2 earnings for all employees within an EEO-1 job category by…more
| Civil Rights, Government Contracting, Labor & Employment Law

CFPB Blogs that References to Consumer Reporting “Agencies” and Credit “Bureaus” are Confusing to Consumers

The Consumer Financial Protection Bureau (CFPB) posted guidance on its blog on January 27, 2016 reminding consumers of their right to obtain a free copy of their consumer report. The blog posting includes a link to an updated…more
| Consumer Protection, Finance & Banking

So Nice, You’re Considered Employed Twice: DOL on Joint Employment

On January 20, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation that provides fresh guidance for determining when two or more entities will be considered joint employers…more
| Labor & Employment Law

Hands Tied: Patenting Diagnostic Inventions Remain a Difficult Task

What does the Federal Circuit really think about the Supreme Court’s recent § 101 jurisprudence? The denial of the petition for rehearing en banc in Ariosa Diagnostics v. Sequenom in November of 2015 answers that question. The…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Florida Court of Appeals Finds Notice of Assignment Not Condition Precedent to Foreclosure Suit

In January, the Florida Second District Court of Appeals—addressing an issue of first impression in the Florida district courts of appeal—held that providing written notice of assignment of a note described in Fla. Stat. §…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

New HOA Decision by Nevada Supreme Court Indicates Continued Litigation to Save First Liens

As the lending community is well aware, the mortgage industry in the state of Nevada remains in flux. Nevada continues to deal with the aftermath of the Nevada Supreme Court’s September 2014 decision in SFR Investments Pool 1,…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Alabama Department of Revenue Proposes Changes to its Corporate Income Tax Apportionment Regulations

The Alabama Department of Revenue (ADOR) recently proposed numerous changes to its apportionment rules for corporate income taxpayers, with the stated intention of adopting “recommended amendments to the [Multistate Tax…more
| Taxation

Beware the Landmines: New and Coming Labor and Employment Laws

From 2014 to 2016 there has been an explosion of labor & employment “laws” through Executive Orders, new regulations and proposed regulations. Some of the requirements apply to all employers, while those issued by Presidential…more
| Civil Rights, Labor & Employment Law, Government Contracting

Can Your Non-Union Workers Strike? Yes, They Can.

If your employees don’t have a union and they stop working, can you discipline them? In a recent decision, an Administrative Law Judge for the National Labor Relations Board said not if it is a true strike and not just an…more
| Administrative Law, Labor & Employment Law

Geotechnical Report in Solicitation Bars Federal Contractor’s Recovery for Unfavorable Soil Conditions

In Old Veteran Construction, Inc. v. United States, the U.S. Court of Federal Claims dismissed a federal contractor’s claim for damages, which the contractor contended were due because of unexpected soil conditions encountered…more
| Civil Procedure, Construction Law, Government Contracting

Amendments to FRCP 26(b) Put Significant Emphasis on Proportionality

Revisions to several key provisions of the Federal Rules of Civil Procedure took effect on December 1, 2015, and will have a significant impact on discovery procedure and practice in federal court. The aim of these revisions is…more
| Civil Procedure, Finance & Banking

New Rule Requires Federal Contractors to Disclose Federal Tax Delinquencies and Felonies

On December 4, 2015, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration issued an interim rule amending the Federal Acquisition Regulations to implement sections of…more
| Construction Law, Government Contracting, Taxation

Obama’s Executive Actions on Immigration: An Update to Two Key Initiatives Designed to Enhance the Employment of Highly Skilled Foreign Workers

In November 2014, President Obama issued a number of executive actions designed to make significant changes to the U.S. immigration system. The most controversial initiatives were the deferred action policies aimed at providing…more
| Education, Labor & Employment Law, Immigration Law, International Law & Trade, Science, Computers, & Technology

Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work

In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the subcontractor…more
| Commercial Law & Contracts, Construction Law
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