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Burr & Forman

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Latest Publications

Jason Beckham

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

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Howard E. Bogard

Burr Alert: New HIPAA Rules Issued: “Sweeping” Changes For Healthcare Providers And Business Associates

On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the…more

Business Associates, Compliance, Data Breach, Decedent Protection, Enforcement

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Edward Brown

Filer Beware – The Growth Of Fraudulent Tax Returns

The filing of fraudulent tax returns resulting from identity theft is a growing business in America. If it wasn’t bad enough that the criminals would try to get money out of your bank or use the information to purchase goods on…more

Identity Theft, Safety Precautions, Tax Fraud, Tax Returns

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Nancy Carey

Construction E-Note - March 28, 2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The Other…more

Architects, Economic Loss Doctrine, Fiscal Cliff, I-9, Public Projects

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Rachel Cash

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

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John Chiles

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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John J. Coleman, III

Do Employers Need Policy Reviews Following The Election?

The election is over, so now what? Elections have consequences, and the consequence of this election for employers' employment policies is breathtaking. Have an arbitration policy? It is likely unenforceable. Rules protecting…more

At-Will Employment, Barack Obama, Employment Policies, NLRA, NLRB

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Chip Collins

U.S. Supreme Court Rules That Arbitrators, Rather Than Courts, Determine The Enforceability Of Non-Compete Covenants In Arbitrable Agreements

Because non-compete agreements are governed by state law, it is rare that the U.S. Supreme Court issues a ruling affecting such contracts. This week’s decision in Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. __…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Nitro-Lift Technologies, Non-Compete Agreements

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Benjamin Coulter

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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C. William Daniels, Jr.

Construction E-Note - March 28, 2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The Other…more

Architects, Economic Loss Doctrine, Fiscal Cliff, I-9, Public Projects

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Kevin Doherty

Corporate & Tax E-Note - March 28, 2013

In This Issue: - SEC Yet to Release Jumpstart Our Business Startups Act Guidelines - IRS Crackdown on Contract Workers Has Small Businesses Concerned - Accelerated Filers Found to be Filing More Restatements -…more

Audits, Board of Directors, CEOs, Class Action, Cyber Attacks

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Devin Dolive

Non-Compete Agreements Survive Labor Board Scrutiny — For Now

The National Labor Relations Act (the “NLRA”) has always applied to both unionized and non-unionized workplaces. However, one of the priorities of President Obama’s appointees to the National Labor Relations Board (the “Board”)…more

Anti-Moonlighting Policy, NLRA, Non-Compete Agreements, Non-Union, Salts

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Gillian Watson Egan

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

Alabama enacted the Alabama Trade Secrets Act (the “ATSA”) in 1987. However, since that time, there have been relatively few reported court decisions analyzing the impact of the ATSA on common law claims. A federal district…more

Data Theft, Preemption, Sensitive Business Information, Trade Secrets, Uniform Trade Secrets Acts

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David Elliott

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

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Ronald Farley

Growing Controversy Over EPA Proposal Relying On E15 Ethanol/Gasoline Blend

On June 15, 2012, EPA approved the first applications for the use of E15 Ethanol/Gasoline blend. Since that time, a dispute has emerged regarding the potential benefits and problems associated with a transition from the current…more

E15 Blend, EPA, Ethanol, Greenhouse Gas Emissions

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Kelli Carpenter Fleming

Birmingham Medical News: I-Phone Or HIPAA-Phone?

With the recent issuance of the long-awaited final rule by the Department of Health and Human Services ("HHS"), the protection of patient information has been a hot topic among the health care industry the past few months. The…more

Business Associates, Covered Entities, Cybersecurity, Data Protection, Electronic Medical Records

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Ashby Kent Fox

Foreclosure Law In The Wake Of Recent Decisions On Residential Mortgage Loans: The Situation In Georgia

Originally Publish in Pratt's Journal Of Bankruptcy Law, February/March 2013. Thousands of wrongful foreclosure lawsuits are filed each year in Georgia against banks, lenders, servicers, foreclosure firms, and other…more

Debtors, Foreclosure, Mortgages, Notice Requirements, Secured Creditors

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Rachel Friedman

Burr Alert: Preemption Of State Consumer Protection Laws Under The Dodd-Frank Act

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or the “Act”), signed into law in 2010, contains a series of regulatory reforms aimed in part to combat what was perceived as lax financial…more

CFPB, Consumer Protection Act, Dodd-Frank, HOLA, Preemption

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Bryan Glover

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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John Harrelson

Burr Alert: New Qualified Mortgage Rules Released By The Consumer Finance Protection Bureau

Few would dispute that the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act or Act) has fundamentally altered the residential mortgage industry. Although the Act was passed just over three years ago, one…more

Ability-to-Repay, CFPB, Dodd-Frank, Loans, Mortgages

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Kasee Sparks Heisterhagen

Labor & Employment E-Note - April 11, 2013

In This Issue: - States Move to Ban Firms from Seeking Social Media Passwords - Court Overturns NLRB Decision in Collective Bargaining Case - More Unpaid Interns Filing Lawsuits to Receive Compensation - Complaints…more

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C. Logan Hinkle

Labor & Employment E-Note - April 11, 2013

In This Issue: - States Move to Ban Firms from Seeking Social Media Passwords - Court Overturns NLRB Decision in Collective Bargaining Case - More Unpaid Interns Filing Lawsuits to Receive Compensation - Complaints…more

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Scott Hitch

EPA Finalizes Revisions To Clean Air Standards For Stationary Engines

On January 15, 2013, the U.S. Environmental Protection Agency (EPA) finalized revisions to standards to reduce air pollution from stationary engines that generate electricity and power equipment at industrial, agricultural, oil…more

Air Pollution, Clean Air Act, Electricity, EPA, RICE

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James A. Hoover

Burr Alert: New HIPAA Rules Issued: “Sweeping” Changes For Healthcare Providers And Business Associates

On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the…more

Business Associates, Compliance, Data Breach, Decedent Protection, Enforcement

See All Updates »

Jacquelyn Hutzell

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

See All Updates »

Amy Jordan

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA…more

Age Discrimination, E-Verify, EEOC, Gender Equity, Immigration Reform

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John Michael Kearns

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Richard Keller

Burr Alert: Preemption Of State Consumer Protection Laws Under The Dodd-Frank Act

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or the “Act”), signed into law in 2010, contains a series of regulatory reforms aimed in part to combat what was perceived as lax financial…more

CFPB, Consumer Protection Act, Dodd-Frank, HOLA, Preemption

See All Updates »

Joseph King

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

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Michael Lasky

The Hazard Of Having A Dominate Customer (And How To Keep Your Biggest Customer From Controlling You)

Let’s suppose you want to break Apple’s grip on the smart phone market. So you build a similar operating system and give it away to everyone for free (keeping the right to advertising revenue, of course). It works…more

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Christopher Linde

Mortgagees: Don’t Lose Collateral — Take Action To Ensure You Receive Notice Of Pending Tax Deed Sales

Summary: Mortgagees and other lienholders whose proper address does not appear in a recorded mortgage or lien may not receive notice of a pending tax deed sale and may therefore lose collateral. A recent Florida court held that…more

Collateral, Deeds, Liens, Mortgages, Notice Requirements

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Mignon Lunsford

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Debra Lee Mackey

Labor & Employment E-Note - April 11, 2013

In This Issue: - States Move to Ban Firms from Seeking Social Media Passwords - Court Overturns NLRB Decision in Collective Bargaining Case - More Unpaid Interns Filing Lawsuits to Receive Compensation - Complaints…more

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Darlene Marsh

No Permit Required For Timber Harvesting

The U. S. Supreme Court’s March 20, 2013, decision in Decker v. Northwest Environmental Defense Center is good news for the logging industry. The Clean Water Act (Act) and EPA’s Silvicultural Rule (Regulation) do not require…more

Clean Water Act, Discharge of Pollutants, EPA, Georgia Pacific, Logging

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James McCarten

Construction E-Note - March 28, 2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The Other…more

Architects, Economic Loss Doctrine, Fiscal Cliff, I-9, Public Projects

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Anton Mertens

Labor & Employment E-Note - April 11, 2013

In This Issue: - States Move to Ban Firms from Seeking Social Media Passwords - Court Overturns NLRB Decision in Collective Bargaining Case - More Unpaid Interns Filing Lawsuits to Receive Compensation - Complaints…more

See All Updates »

Bryance Metheny

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA…more

Age Discrimination, E-Verify, EEOC, Gender Equity, Immigration Reform

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Zachary Miller

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Meredith Minkus

Burr Alert: Salt In A Lender's Wound: What Actions Should A Lender Take Under The Newest Version Of The ‘Protecting Tenants At Foreclosure Act’?

In the context of residential foreclosures, one of the biggest issues facing foreclosing lenders is handling non-borrower tenants and occupants of the subject property. Tenant and occupant issues have, until recently, been…more

Bona Fide Tenants, Dodd-Frank, Foreclosure, Lenders, Notice Requirements

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John Paul Nefflen

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA…more

Age Discrimination, E-Verify, EEOC, Gender Equity, Immigration Reform

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KristinTaylor Parsons

The Computer Fraud And Abuse Act, And Protecting Employer’s Electronic Data

The Southern District of New York recently joined a number of other jurisdictions in foreclosing one avenue of recovery for employers seeking to recover against employees who steal company information for competitors. In…more

Advanced Aerofoil Technologies, CFAA, Cybersecurity, Data Protection, Data Theft

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Kristin Peters

Burr Alert: Blowing The Cap Off Statutory Damages Under The FCCPA?: An Analysis Of Kahmeyer v. Federal Credit Corporation

In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices…more

Confidential Information, Debt Collection, Debtors, FCPA, Privacy Disclosures

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Thomas Potter, III

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA…more

Age Discrimination, E-Verify, EEOC, Gender Equity, Immigration Reform

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Bruce Rawls

TPC’s Analysis Of President Obama’s 2014 Budget

The Tax Policy Center (the “TPC“) has published its analysis of the tax proposals included in President Obama’s 2014 budget. The analysis finds that President Obama’s proposals would have the intended effect of “significantly…more

Barack Obama, Federal Budget, Income Taxes

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John Schifino

BP Unable To Block Oil Spill Claim Payments

On March 15, 2013, BP asked United States District Court Judge Carl Barbier, Jr. to block the Deepwater Horizon claims administrator from awarding “business economic losses” that BP contends are “fictitious” claims for damages. …more

BP, Deepwater Horizon, Deepwater Horizon Claim Forms, Economic Loss Doctrine, Settlement

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Anna Scully

Labor & Employment E-Note - April 11, 2013

In This Issue: - States Move to Ban Firms from Seeking Social Media Passwords - Court Overturns NLRB Decision in Collective Bargaining Case - More Unpaid Interns Filing Lawsuits to Receive Compensation - Complaints…more

See All Updates »

Ed Snow

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

See All Updates »

Adam Sonenshine

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

See All Updates »

Frank Springfield

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -…more

CFPB, Credit Unions, International Accounting Standards Board, Libor, Loans

See All Updates »

Scott Steady

New Law For Florida Department Of Environmental Protection To Establish Surface Water Quality Standards For The State

The Florida Legislature recently adopted a new law that allows the Florida Department of Environmental Protection (“FDEP”) to establish surface water quality standards in the state…more

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John Oshea Sullivan

Foreclosure Law In The Wake Of Recent Decisions On Residential Mortgage Loans: The Situation In Georgia

Originally Publish in Pratt's Journal Of Bankruptcy Law, February/March 2013. Thousands of wrongful foreclosure lawsuits are filed each year in Georgia against banks, lenders, servicers, foreclosure firms, and other…more

Debtors, Foreclosure, Mortgages, Notice Requirements, Secured Creditors

See All Updates »

Jordan Teague

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Joshua Threadcraft

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can be…more

Class Action, Dismissals, Federal Rule 12(b)6), TCPA

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Peter C. Vilmos

Florida Court Reverses Preliminary Injunction On Restrictive Covenant

If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed both…more

Non-Compete Agreements, Preliminary Injunctions, Restrictive Covenants, Trade Secrets

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Callie Whatley

Keeping a Neat (Business) House: Contracts

Any real estate professional will tell someone trying to sell a house that it needs to be tidy and de-cluttered before any open house. And common sense tells us that it is much easier to make a house presentable when it’s been…more

Due Diligence

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Amanda E. Wilson

Foreclosure Law In The Wake Of Recent Decisions On Residential Mortgage Loans: The Situation In Georgia

Originally Publish in Pratt's Journal Of Bankruptcy Law, February/March 2013. Thousands of wrongful foreclosure lawsuits are filed each year in Georgia against banks, lenders, servicers, foreclosure firms, and other…more

Debtors, Foreclosure, Mortgages, Notice Requirements, Secured Creditors

See All Updates »

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