Bradley Arant Boult Cummings LLP

How Will the FCC’s TCPA Declaratory Ruling and Order Affect Your Business?

In a previous blog post, we reported on the FCC’s new pro-consumer TCPA ruling. On July 10, 2015, the FCC officially released the Declaratory Ruling and Order, which became effective immediately. The ruling creates new and…more
| Administrative Law, Civil Remedies, Communications & Media Law, Consumer Protection

Play Ball and Win ‘Em All—Overtime Hits the Big Leagues

Continuing the trend of expanding Fair Labor Standards Act (FLSA) overtime rules outside the traditional realm of hourly manufacturing or retail workers, two recent events show that employers should be aware that exemption and…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

Salary and Duty Test Worries? Instead, Have It Your Way

The U.S. Department of Labor (DOL) recently published proposed rules increasing the salary to be overtime-exempt to an estimated $50,440 per year as of January 2016. There will likely be an automatic annual salary escalator…more
| Labor & Employment Law

What Constitutes the “Practice of Law” Under the FLSA Overtime Exemption? Second Circuit Gives Its Opinion

Last week, the Second Circuit revived an attorney’s claim that he was owed overtime compensation under the Fair Labor Standards Act (FLSA) and muddied the waters as to when a professional is exempt from the FLSA’s overtime…more
| Commercial Law & Contracts, Labor & Employment Law

No Notice of Mortgage Assignment in Florida? No Problem

Earlier this month, the United States District Court for the Southern District of Florida in Summerlin Asset Mgmt. V Trust v. Jackson decided an issue of first impression regarding whether compliance with Florida Statute section…more
| Civil Procedure, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

CFPB Public Database Provides Access to Close to Half a Million Consumer Complaint Narratives

The Consumer Financial Protection Bureau (CFPB) recently launched public access to its Consumer Complaint Database (Database), which is the nation’s largest public collection of consumer financial complaints. According to the…more
| Administrative Law, Communications & Media Law, Consumer Protection

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by…more
| Civil Procedure, Construction Law, Insurance, Personal Injury, Toxic Torts

FHA Proposes 3-Month Limit for Lender Claims to File Single Family Insurance Claims

The Federal Housing Administration (FHA) recently announced a proposed rule change that would establish a deadline for lenders to file insurance claims and modify its current policy for reimbursements when foreclosure and claim…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Mississippi CON Report

June 2015 – Mississippi Certificate of Need Meeting - During the June 25, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and approved the…more
| Health

CFPB Moves TRID Effective Date to October 3

In previous blog postings, we discussed an informal announcement from the Consumer Financial Protection Bureau (CFPB) of its intent to delay the effective date of the new integrated mortgage disclosure rule under Truth In…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

Contractor Authority Over Means and Methods

A central principle of construction contracts is that, where a contractor (a) commits to construct in accordance with plans and specifications (b) provided by the owner (c) in exchange for payment of a firm, fixed price, the…more
| Construction Law, Government Contracting

Access to Pre-Solicitation Information without Mitigation Plan: A Recipe for Rescission

The Court of Federal Claims (“CFC”) recently made clear that mere access to pre-solicitation information creates a potential Organizational Conflict of Interest (“OCI”) that can invalidate an award. In Monterey Consultants, Inc…more
| Commercial Law & Contracts, Government Contracting

Are You Covered? The “Care, Custody, or Control” Exclusion

Spring weather systems, such as the storms that have recently produced significant flooding in Texas, frequently create the necessity for restoration and remediation work. In performing such restoration work, it may be necessary…more
| Construction Law, Insurance

Lenders’ New Right to Redeem after Nevada HOA Foreclosure Sales

Beginning October 1, 2015, lenders in Nevada will have a much-needed right to redeem properties sold at homeowners association (HOA) foreclosure sales for pennies on the dollar. Specifically, lenders and homeowners will have 60…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Contractor’s Repeated Material Breach Excuses Subcontractor From Further Performance

The Appellate Division of the Supreme Court of New York in U.W. Marx, Inc. v. Koko Contracting, Inc. affirmed judgment in favor of a subcontractor, holding that the general contractor’s failure to make three successive progress…more
| Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting
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Contact

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

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