Bradley Arant Boult Cummings LLP

Can First Deeds of Trust Survive an HOA Foreclosure in Wake of the SFR Investments Decision?

In September 2014, the Nevada Supreme Court, in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. Sep. 18, 2014), held that a portion of a homeowners’ association lien for delinquent assessments has true…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat new…more
| Civil Procedure, Civil Rights, Labor & Employment Law

SCRA Post-Service Protections Extended

The Servicemembers’ Civil Relief Act (SCRA) was created to help relieve or suspend the financial burdens placed upon those serving in the U.S. military. One of the key protections afforded by the SCRA is a temporary stay of…more
| Finance & Banking, Consumer Protection, Military Law, Real Estate - Residential

Will Alabama Honor Your Choice of Law Provisions?

Amendment 884 calls into question the validity and enforceability of the choice of law provisions in contracts brought before Alabama courts. In November of 2014, Alabama voters ratified Amendment 884 to the Alabama…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Elections & Politics

Dealing with high-risk clients and final advice for maintaining an effective AML compliance program

Dealing with high-risk clients in an era of enhanced AML enforcement - To identify and trace criminal activity, federal law enforcement relies on the mandatory filing of suspicious activity reports (SARs) by financial…more
| Commercial Law & Contracts, Finance & Banking

Hold Your Fire: Tennessee Bars Employers from Terminating Employees for Complying with ‘Guns-in-Trunks’

Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s “guns-in-trunks” statute. The new law creates another exception to Tennessee’s…more
| Constitutional Law, Labor & Employment Law

CFPB Releases Proposed Rule for Payday ‘Debt Traps’

The Consumer Financial Protection Bureau (CFPB) announced last week that it is considering a proposal aimed at payday lending, which will require lenders to take certain steps intended to increase consumers’ ability to…more
| Finance & Banking, Consumer Protection

Alabama CON Report

In this Issue: - I. Certificate of Need Program - A. AL2015-015, Farragut Dialysis, LLC d/b/a Monarch Dialysis, Montgomery, AL - B. AL2015-016, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius…more
| Health

Servicer’s Loss Mitigation Letters Found Not to Be Attempts to Collect a Debt

A recent decision from Pasco County, Florida clarifies for lenders and servicers what constitutes an attempt to collect a debt when they are communicating with a debtor about loss mitigation. In Hurtubise v. P.N.C. Bank, N.A.,…more
| Civil Procedure, Communications & Media Law, Finance & Banking, Consumer Protection

House Bill 59, Alabama Reinvestment and Abatements Act, Expands Alabama Abatements Significantly

The Alabama Reinvestment and Abatements Act, HB59, Act No. 2015-24 (the “Act”), makes several changes to Alabama abatement law and expands the list of industries and types of projects that are eligible for those abatements…more
| Commercial Law & Contracts, Finance & Banking, Taxation, Real Estate - Commercial

Text Messaging Program Not an Autodialer Under the TCPA

The United States District Court for the Northern District of California recently held in the putative class action Glauser v. GroupMe, Inc. that GroupMe’s text messaging program was not an autodialer under the Telephone…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Mississippi CON Report

In this Issue: - I. March 2015 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports in March 2015 - A. Letters of Intent to Change Ownership - B…more
| Health

Post-Foreclosure Sale Tenant Protections Proposed in Florida

Florida Senate Bill 524 and House Bill 779 would provide certain protections to tenants after the foreclosure sale of residential property. The bills, both of which were introduced on March 3, 2015, would add back certain…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

FCRA Preemption: Is Guidance on the Way from the 11th Circuit?

FCRA preemption of state law claims against furnishers of credit information is anything but a settled legal issue. For better or worse, guidance may be on the way soon from the Eleventh Circuit. This is a subject that cannot be…more
| Civil Procedure, Conflict of Laws, Finance & Banking, Business Torts, Consumer Protection

Can the CFPB Really Prohibit Pre-Dispute Arbitration Agreements?

Section 1028 of the Dodd-Frank Act, entitled “Authority to Restrict Mandatory Pre-Dispute Arbitration,” gives the CFPB the authority to promulgate regulations imposing conditions, limitations, or outright prohibitions on…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Finance & Banking, Consumer Protection
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One Federal Place 1819 Fifth Avenue North
Birmingham, Alabama 35203 , United States

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This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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