Bradley Arant Boult Cummings LLP

Alabama CON Report

In this Report: - I. For Informational Purposes Only - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - Excerpt from For Informational…more

1/26/2015 | Zoning, Planning & Land Use, Health

U.S. Supreme Court Clarifies Timing for Appeal of Individual Case Dismissed Within Consolidated Multidistrict Litigation Proceeding

On January 21, 2015, the U.S. Supreme Court issued its decision in Gelboim v. Bank of America Corp., No. 13-1174, a case involving the timing for an appeal of an individual case that has been dismissed within a consolidated…more

1/26/2015 | Civil Procedure, Finance & Banking

DC Circuit Puts On its Thinking Cap when Addressing NLRB Ruling on Hat Restrictions

The United States Court of Appeals for the District of Columbia Circuit recently struck a blow for employer’s rights to regulate headgear, specifically baseball caps…more

1/26/2015 | Civil Rights, Labor & Employment Law

Examining Return-To-Work Issues Under The FMLA

I frequently receive calls from clients involving an employee who is about to use up all of his medical leave, but who has little chance of returning to work — either at the end of his 12-week Family and Medical Leave Act leave…more

1/23/2015 | Civil Rights, Labor & Employment Law

No Lawsuit Required to Rescind: U.S. Supreme Court Clarifies Mortgage Rescission Notification Requirements for Borrowers under TILA

Background of Notice versus Lawsuit Issue - The Truth in Lending Act (“TILA”), as implemented by Regulation Z, provides borrowers with a powerful tool: the right to rescind certain mortgage loan transactions. This…more

1/22/2015 | Civil Procedure, Commercial Law & Contracts, Finance & Banking, Consumer Protection, Real Estate - Residential

The EEOC Turns 50: What Employers Can Expect In 2015

In 1964, the average income was $5,880. Minimum wage was $1.25/hour. You could buy a new home for $20,500, a new Ford Mustang for $2,360, and Congress passed The Civil Rights Act of 1964, creating the EEOC. This year the EEOC…more

1/21/2015 | Civil Rights, Labor & Employment Law

It’s All in the Family: Shifting Standards for Joint-Employer Liability

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to how…more

1/20/2015 | Labor & Employment Law, Franchise Law

Alstom Guilty Plea Sends Strong Message that DOJ Has Harsh View of Inadequate Internal Controls and Failure to Fully Cooperate

On December 22, 2014, French power and transportation company Alstom S.A. (“Alstom”) pleaded guilty to violating the Foreign Corrupt Practices Act (“FCPA”) and agreed to pay $772.29 million, the largest criminal fine ever…more

1/20/2015 | Commercial Law & Contracts, Criminal Law, International Law & Trade

False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014…more

1/19/2015 | Civil Procedure, Communications & Media Law, Health, Real Estate - Residential, Government Contracting

Second Bite At Fla. Foreclosures May Not Be So Sweet

Financial services companies pursuing judicial foreclosures in Florida already face a host of unique and challenging hurdles. The varying and often court- or judge-specific procedural, substantive and evidentiary requirements…more

1/16/2015 | Civil Procedure, Finance & Banking, Real Estate - Residential

California Expands the Duty of Professional Consultants

Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic losses”…more

1/15/2015 | Civil Procedure, Commercial Law & Contracts, Construction Law, Personal Injury, Real Estate - Residential

No Damages for Delay Exceptions: Active Interference?

While a contractor generally has a right to a time extension and damages stemming from a delay caused by the owner, the owner (or general contractor if the harmed party is a subcontractor) may be able to assert several defenses…more

1/14/2015 | Commercial Law & Contracts, Construction Law

If You Have Employees in Other States, Make Sure You Are Paying the Proper Minimum Wage

Minimum wage laws across the country are changing. Although the federal minimum wage for covered, nonexempt employees is $7.25 an hour (and has been since July 2009), 22 states increased their minimum wages for 2015. The new…more

1/13/2015 | Labor & Employment Law

South Carolina’s Supreme Court Clarifies the Requirements for a Proper Notice of Furnishing Under South Carolina’s Mechanics Lien Laws

In the recent decision of Ferguson Fire and Fabrication, Inc. v. Preferred Fire Protection, L.L.C., the Supreme Court of South Carolina held that a Notice of Furnishing was valid as long as it provided the owner of the property…more

1/13/2015 | Civil Procedure, Construction Law, Labor & Employment Law, Real Estate - Residential

Subcontractor Working on a Federal Project in Tennessee Protected by Tennessee Prompt Pay Act

The operation and applicability of prompt pay acts in various states is something that contractors ignore to their detriment. A recent Tennessee case drives home the importance of understanding the applicability of any prompt…more

1/12/2015 | Construction Law, Labor & Employment Law, Government Contracting