Burr & Forman

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420 North 20th Street
Suite 3400
Birmingham, AL 35203, United States
Phone: (205) 251-3000
Fax: (205) 458-5100
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alabama
  • Delaware
  • Florida
  • Georgia
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
Number of Attorneys
200+ Attorneys

Third Circuit Weighs in on Mailing Vendors in Debt Collection and Article III Standing

The Third Circuit Court of Appeal recently weighed in on the burgeoning number of cases alleging that debt collector use of mailing vendors requires communication with a third party about consumer debt that violates the Fair…more

Article III, Common Law Torts, Debt Collection, Debt Collectors, Dismissals

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South Carolina Low Income Housing Tax Credit: Too Much of a Good Thing

The availability of “affordable housing” has become a major issue in many cities, counties and states across the United States, and South Carolina is no exception. To help address the affordable housing shortage, in 2020, South…more

Affordable Housing, Community Development, Construction Project, LIHTC, Low Income Housing

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The Burr Morning: Key Legal Developments to Watch for in 2024

Matt Scully and Chandler Aragona review key developments in employment law from 2023 and forecast trends for 2024, including federal developments on DOL's new salary threshold, FTC's ban on non-competes, and the Pregnant Workers…more

Department of Labor (DOL), Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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How You Can Bring Meaningful Affordable Housing Tax Incentives to Your Community

The moniker “affordable” and “workforce” housing can mean different things to different stakeholders. Most will agree that localities and states have recognized a need to provide reasonably priced homes for our workforce and…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Housing Market, Low Income Housing

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Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later…more

Breach of Contract, Business Closures, Business Interruption, Commercial Leases, Commercial Tenants

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Augusta Baker: Twentieth Century Librarian, Author, and Champion of Inclusive Literature

What do Sesame Street, Eleanor Roosevelt, and Mary Poppins all have in common? They are all a part of Augusta Baker’s inspiring story. Learn about this trailblazing, glass-ceiling-breaking champion of inclusive children’s…more

Authors, Books, Diversity, Heritage & Culture, Libraries

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New Independent Contractor Rule: Final Regulations on Department of Labor’s Independent Contractor Assessment

After issuing proposed rules and seeking public comment in October 2022, the Department of Labor (DOL) announced the finalized regulations for its new Independent Contractor Rule (the New Rule), which takes effect on March 11,…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Cyber Incident Reporting Obligations for Public Companies under the SEC’s New Cybersecurity Rules

The U.S. Securities Exchange Commission (SEC) recently adopted a final rule regarding cybersecurity risk management, governance, and incident reporting. The final rule went into effect on September 5, 2023, and disclosure…more

Corporate Governance, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Telehealth Prescribing Flexibilities for Controlled Substances Extended Through End of 2024

The rule allowing for providers to prescribe controlled substances via telehealth, set to expire for new patient-provider relationships on November 11, has been extended through the end of 2024…more

Controlled Substances, Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Electronic Prescribing

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A New Year’s Resolution: Update Your Compliance Program Based on New Government Guidance

For the year ending September 30, 2023, federal False Claims Act settlements and judgments exceeded $2.5 billion, much of which came from the health care industry. The largest, at over $487 million, stems from a finding by a…more

Anti-Kickback Statute, Compliance Management Systems, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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COBRA Without the Bite

On March 11, 2020, President Biden signed into law the American Rescue Plan Act (“ARPA”).  The ARPA mandated several important changes for both employers and employees.  One of these is potentially significant for both: full…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

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District of Massachusetts Enjoins Massachusetts’ Attorney General from Prohibiting Collection Calls

On May 6, 2020, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts granted a temporary restraining order (“TRO”) and preliminary injunction sought by ACA International (“ACA”) against…more

Constitutional Challenges, Coronavirus/COVID-19, Debt Collection, Debt Collectors, Enforcement Actions

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Burr Alert: Phase 2 HIPAA Audits

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil Rights…more

Business Associates, Covered Entities, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Audits

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Beverage Wholesalers Deal With Bang Bankruptcy

Vital Pharmaceuticals, Inc., the company behind Bang Energy drinks, along with certain affiliated entities including Quash Seltzer, LLC, filed for Chapter 11 bankruptcy protection on October 10, 2022 in the Southern District of…more

Bankruptcy Court, Beverage Manufacturers, Chapter 11, Commercial Bankruptcy, Creditors

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Florida’s Comprehensive Tort Reform – Governor DeSantis Signs H.B. 837 Into Law, Signaling a New Era For Civil Litigation in Florida

On March 24, 2023, Florida Governor Ron DeSantis signed H.B. 837 into law. This legislation enacts significant and wide-ranging changes to civil litigation practice in the state, including revamping comparative negligence…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

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Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

A recent (and surprising) ruling of the United States Supreme Court may allow businesses to be sued in states in which they have little connection. The United States Supreme Court, split 5-4 (Gorsuch, Thomas, Alito, Sotomayor…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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Supreme Court: SEC Administrative Law Judges Must Be Appointed by Political Officials

Are Administrative Law Judges (“ALJs”) “Officers of the United States” or simply employees of the Federal Government? In Lucia v. SEC, decided last Thursday, the Supreme Court answered that question in favor of the former, and…more

Administrative Law Judge (ALJ), Administrative Proceedings, Appeals, Appointments Clause, Constitutional Challenges

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Keeping the PR in Privilege: Outside Public Relations and the Attorney-Client Privilege

In an earlier edition of the TIPS newsletter, we discussed the importance of outside counsel acting in the role of counsel, and not the role of an insurance adjuster, to preserve the attorney-client privilege over communications…more

Attorney-Client Privilege, Functional Equivalent, Insurance Adjusters, Insurance Litigation, Public Relations

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The Re-Imagining of the American Shopping Mall

Nearly 70 years ago the American shopping mall was born in Edina, Minnesota. Southdale Mall was the idea of the Godfather of the Shopping Mall, Victor Gruen. The Austrian-American architect immigrated to the United States in…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Mixed-Use Zoning

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Developers Prepare to Gain Density and Reduced Wetlands Restrictions After EPA Policy Change

In 2011, the Obama administration’s Environmental Protection Agency (the “EPA”) issued a rule interpretation that vastly broadened the definition of “Waters of the United States” subject to the EPA’s regulatory jurisdiction…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Waters of the United States, Wetlands

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Municipalities: Revenue Crunches and Chapter 9 Bankruptcies on the Horizon

Last year many states and municipalities across our country as well as the elected officials who led them celebrated our nation’s low unemployment, increasing tax revenue and the zenith moments of what was the longest economic…more

Bankruptcy Code, Chapter 11, Chapter 7, Chapter 9, Commercial Bankruptcy

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COVID-19 Collections Restriction Efforts: Ohio, Maryland, and Massachusetts

On March 25, 2020, State Rep. Thomas West of Ohio introduced legislation, HB 596, which would halt all in-state debt collections until Ohio’s state of emergency expired…more

Coronavirus/COVID-19, Debt Collection, Financial Services Industry, Legislative Agendas, Mortgages

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Five Common Questions for Qualified Plans and IRAs under CARES Act

1. Do I have to take my required minimum distributions (RMD) in 2020? No. Required minimum distribution rules do not apply for 2020 for IRAs, Roth IRAs, qualified defined contribution plans, 403(b) plans and…more

403(b) Plans, 457(b) Plans, CARES Act, Compensation & Benefits, Employee Benefits

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Beverage Wholesalers Deal With Bang Bankruptcy

Vital Pharmaceuticals, Inc., the company behind Bang Energy drinks, along with certain affiliated entities including Quash Seltzer, LLC, filed for Chapter 11 bankruptcy protection on October 10, 2022 in the Southern District of…more

Bankruptcy Court, Beverage Manufacturers, Chapter 11, Commercial Bankruptcy, Creditors

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Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

In a decision rendered on December 30, 2016, the bankruptcy court for the Southern District of Florida (the “Court”) addressed the debtor’s counsel’s interim application for an award of fees and expenses for services rendered to…more

Attorney's Fees, Chapter 11, Consumer Bankruptcy, Creditors, Debtors

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DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an emphasis…more

Employee Representatives, Employer Liability Issues, Health and Safety, Labor Reform, OSHA

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Recent Georgia Court of Appeals Case Highlights Alternative Theories of Relief in Unfair Competition Case

Beginning in law school, attorneys are trained to learn from reported appellate cases, and that education never stops. In a recent Georgia Court of Appeals case involving claims of unfair competition, Lyman v. Cellchem Int’l…more

Breach of Duty, Fiduciary Duty, Tortious Interference, Unauthorized Access, Unfair Competition

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Burr Broadcast September 20, 2022

On this episode of the Burr Broadcast, Burr Partner John Connell discusses the recent case of Summer Sowash v. Marshalls of MA, Inc., a Fourth Circuit unpublished Opinion, highlighting sexual harassment in the workplace…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Sexual Harassment, Title VII

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Supreme Court Upholds, But Limits, Assignor Estoppel Doctrine

On June 29, 2021, the Supreme Court limited the doctrine of assignor estoppel that has long prevented inventors from challenging the validity of patents they have assigned to a third party. …more

Assignor Estoppel, Employment Contract, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc.

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Regulation Best Interest is Good Enough: The Second Circuit Upholds Regulation BI in XY Planning Network

In XY Planning Network, LLC, et al. v. SEC, et al., the United States Court of Appeals for the Second Circuit rejected a challenge to Regulation Best Interest brought by an organization of investment advisers, an individual…more

Best Interest Standard, Broker-Dealer, Dodd-Frank, Fiduciary Duty, Investment Adviser

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NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Law Violations

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Hot Topics in Health Care – September 2022

Physicians and Pharmacists Concerned Over Post Dobbs State Laws Limiting Independent Medical Judgment - On September 8, 2022, the American Medical Association (AMA), American Pharmacists Association (APhA), American Society…more

Abortion, Affordable Care Act, Certificates of Public Advantage (COPAs), Coronavirus/COVID-19, Dobbs v. Jackson Women’s Health Organization

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The Coronavirus Effect on Construction Projects

There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project. Commercial…more

Business Interruption, China, Construction Project, Contract Terms, Coronavirus/COVID-19

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The Burr Morning Show: NLRB Updates

In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024. …more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations, NLRA

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Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011. The…more

Affirmative Defenses, Bid Protests, Construction Contracts, Contract Terms, Federal Contractors

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Corporate E-Note - August 2021

Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions - On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going…more

Biden Administration, Coronavirus/COVID-19, Employment Policies, Food Service Workers, Foreign Workers

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Construction and Real Estate E-Note - August 2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training…more

Construction Project, Construction Workers, Employment Contract, Employment Policies, Foreign Nationals

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Creation of the Cyber Safety Review Board

The United States Department of Homeland Security announced on February 3, 2022 the formation of a 15 person Cyber Safety Review Board, (the “CSRB”), which will be led by Robert Silvers, the Department of Homeland Security Under…more

Biden Administration, Cybersecurity, Data Protection, Department of Homeland Security (DHS), Homeland Security Cybersecurity & Infrastructure Security Agency (CISA)

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You Can Come In, But You Can’t Stay – Judge Grossman Dismisses Debtor’s Case for Re-designating Under the SBRA After Deadlines Have Passed. Seven Stars on the Hudson Corp., Case No. 19-17544-SMG, (Bankr. S.D. Fla. Aug. 7, 2020).

“Timing in Life Is Everything” – John Sculley - Relying on a plain reading of Sections 1188 and 1189 of the Bankruptcy Code, Bankruptcy Judge Scott M. Grossman dismissed the Seven Stars bankruptcy case based on the debtor’s…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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USCIS Reinstates 540-Day Automatic EAD Extension for Certain Renewal Applicants

USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had…more

Employment Authorization Documents (EAD), Extensions, Foreign Nationals, Foreign Workers, Immigration Procedures

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Recent Opportunity Zone Regulations Benefit Entrepreneurs

Congress enacted the Opportunity Zone (“OZ”) investment incentives in late 2017 as part of the Tax Cuts and Jobs Act. Since then many investors, fund managers, and community development professionals have devoted significant…more

Business Income, Business Taxes, Compensation, Entrepreneurs, Income Taxes

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Investigating and Defending Identity Theft Claims Against Furnishers Under The Fair Credit Reporting Act

Introduction - The Fair Credit Reporting Act (FCRA) was enacted to promote the accuracy, fairness, and privacy of information maintained by Consumer Reporting Agencies (CRAs). In addition to imposing duties on the CRAs, it…more

Claim Procedures, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Alabama Pushes Back on EPA Proposed CCR Program Denial

In early August 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed denial of Alabama’s permit program to manage coal combustion residuals (CCR) in landfills and surface impoundments within the state. The…more

Alabama, Coal, Coal Industry, Environmental Policies, Environmental Protection Agency (EPA)

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EPA Administrator Nomination Confirmed by Senate While EPA Defends Recent Analysis Showing Decline in Enforcement

The Senate narrowly confirmed Andrew Wheeler as Administrator of the Environmental Protection Agency on Thursday, February 28, 2019, by a vote of 52-47. No Democrats supported the nomination and one Republican also opposed. …more

Confirmation Proceedings, Employment Policies, Enforcement Actions, Environmental Protection Agency (EPA), Presidential Nominations

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Proposed Penalties for Information Blocking Violations

On October 30, 2023, the Department of Health and Human Services (HHS) released a proposed rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century Cures…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Electronic Medical Records, Electronic Protected Health Information (ePHI)

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Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial…more

Biden Administration, Coronavirus/COVID-19, Cyberbullying, Disciplinary Proceedings, Employee Retention

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Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”) for…more

Article III, Corporate Counsel, Debt Collection, Debt Collectors, FDCPA

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Live Local Act Makes It Easier to Develop Affordable Housing in FL

Background - On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act (“LLA” or “Act”), into law, representing a large investment for housing efforts, one of the largest in…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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A Brief Overview of the Recent Changes to the AIA A201

In 1997, the American Institute of Architects (“AIA”) started updating the A201 every ten years. The AIA has now introduced a 2017 version of the A201 and other contract documents, including the A100 series. …more

American Institute of Architects, Architects, Construction Industry, Design-Build, Regulatory Oversight

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Construction and Real Estate E-Note - August 2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training…more

Construction Project, Construction Workers, Employment Contract, Employment Policies, Foreign Nationals

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CMS Proposes to Resolve 340B Illegal Rate with $9M Pay-Out for Traditional Medicare; Medicare Advantage to be Negotiated Privately

In July 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a final rule to address illegal traditional Medicare rates paid in the 340B Drug Pricing Program from 2018-2022. CMS’ proposal would see CMS pay 340B…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, Health Insurance

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Important Changes To The Federal Rules Are Almost Here

On December 1, 2015, amendments to the Federal Rules of Civil Procedure adopted by the United States Supreme Court will be effective (absent action by Congress). The amendments to the Rules should be duly noted by litigation…more

Discovery, Federal Rules of Civil Procedure, FRCP 26, FRCP 34, SCOTUS

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Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial…more

Biden Administration, Coronavirus/COVID-19, Cyberbullying, Disciplinary Proceedings, Employee Retention

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Cyber Insurance - An Essential Component to Your Business

The impact of cyber-attacks cannot be underestimated. Cyber liability exposure will be a loss leader for businesses in 2023. With this in mind, it is imperative for any business to properly manage its ever growing cyber risk,…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Risk Management

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Changes to Georgia Unemployment Benefits: Eligibility, Total Benefits and Employer Obligations

As the COVID-19 public health emergency continues to ravage our communities, an increasing number of Georgians are forced to file for unemployment benefits…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Unemployment Benefits, Unemployment Insurance

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Life After Death for Chapter 7 Corporate Debtors? What Remains After a Corporate Liquidation

Individuals filing for bankruptcy pursuant to Chapter 7 of Title 11 of the United States Code (the "Bankruptcy Code") generally do so to have their debts discharged and receive the proverbial "fresh start." The same, however, is…more

Chapter 7, Commercial Bankruptcy, Fraud, Liquidation, Young Lawyers

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Corporate E-Note - October 2021

Resources - What We Do And Don’t Know About The New COVID-19 Vaccination Mandates - Since President Biden’s announcement on September 9, 2021 of plans for COVID-19 vaccination and/or weekly testing mandates, we have received…more

Business Licenses, Coronavirus/COVID-19, Employer Mandates, Enforcement Actions, Federal Acquisition Regulations (FAR)

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EEOC Issues Proposed Harassment Guidance Broadening Employers’ Obligations Under Federal EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on "Enforcement Guidance of Harassment in the Workplace." The guidance…more

Digital Platforms, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Harassment

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Eleventh Circuit’s Reading of FAA Bars Pre-Hearing Discovery

If an arbitration is governed solely by the FAA, an arbitrator may not require non-parties to take part in any pre-hearing discovery outside the presence of the arbitrator. In the recent Eleventh Circuit Court of Appeals…more

Appeals, Arbitration, Discovery, Discovery Disputes, Federal Arbitration Act

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District Court Denies Certification of “Novel” TCPA Reassigned Number Class Defined by List of Cell Phone Subscribers Identified by Plaintiff’s Counsel Because Class Still Could Not Be Ascertained Based on “Objective Criteria”

Although courts across the country agree that “a plaintiff class should not be certified unless membership therein is ‘adequately defined and clearly ascertainable,’” the extent of what a plaintiff must provide to satisfy this…more

Ascertainable Class, Class Action, Class Certification, FRCP 23, Reassigned Phone Numbers

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Jefferson County 2023 Property Valuations - Protest Deadline is July 27, 2023

The Jefferson County Board of Equalization recently published the 2023 real property valuations.  If you want to protest the valuation of your property, you must submit a protest with the Jefferson County BOE no later than July…more

Board of Equalization, Property Owners, Property Tax, Property Valuation, Protests

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Fannie Mae and Freddie Mac Payment Deferral Programs

On March 23, in response to the COVID-19 Pandemic and its effects in the United States, the Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will offer mortgage forbearance to multifamily borrowers…more

Coronavirus/COVID-19, Deferred Action, Fannie Mae, Forbearance Agreements, Freddie Mac

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New Alabama Overtime Tax Exemption and Employer Reporting Obligations Coming in January 2024

Alabama employers should be aware of the new state tax exemptions that take effect for certain overtime payments beginning on January 1, 2024. Alabama has temporarily modified its tax code to exempt from state tax amounts…more

Alabama, Employer Liability Issues, Labor Reform, Over-Time, State Labor Laws

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What Employers Need To Know in a Post-Roe World

On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court…more

Abortion, Americans with Disabilities Act (ADA), Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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HHS OCR/ONC Announce an Updated Version of Its HIPAA Security Risk Assessment Tool

The Office of the National Coordinator for Health Information Technology (ONC) and the HHS Office for Civil Rights (OCR) have recently launched a joint HIPAA Security Risk Assessment (SRA) Tool. The tool is designed to assist…more

Data Breach, Electronic Protected Health Information (ePHI), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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Fannie Mae and Freddie Mac Payment Deferral Programs

On March 23, in response to the COVID-19 Pandemic and its effects in the United States, the Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will offer mortgage forbearance to multifamily borrowers…more

Coronavirus/COVID-19, Deferred Action, Fannie Mae, Forbearance Agreements, Freddie Mac

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Hot Topics in Health Care July 2023  

Progress of Pre-Submissions for Medical Devices Now Trackable Through CDRH Portal - Medical device manufacturers must submit applications for certain classes of medical devices for approval by the Food and Drug Administration…more

CDRH, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, FDA Approval, Food and Drug Administration (FDA)

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Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large…more

Automatic Stay, Bankruptcy Code, CERCLA, Chapter 11, Chapter 7

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Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

A recent (and surprising) ruling of the United States Supreme Court may allow businesses to be sued in states in which they have little connection. The United States Supreme Court, split 5-4 (Gorsuch, Thomas, Alito, Sotomayor…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

Labor & Employment E-Note - October 2020

Spotlight - U.S. Supreme Court Rules in Favor of Burr's Petition for the South Carolina Election Commission: South Carolina's Witness Requirement on Absentee Ballots is Here to Stay - On October 5th, the Supreme Court…more

Absentee Voting, Coronavirus/COVID-19, H-1B, Health Care Providers, Immigration Reform

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Rough Ride Ahead for Alabama Landlords and Tenants Despite Reopening Efforts

Like the majority of the country, Alabama essentially shuttered its economy in March in an effort to curb the rapid spread of COVID-19. As of July 2020, the State of Alabama began rapidly reopening for business, and retail and…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

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The Burr Morning Show: Pregnant Workers Fairness Act

Amy Jordan Wilkes and Gabriell Jeffreys discuss practical steps organizations can take to prepare for the Pregnant Workers Fairness Act and the issuance of the final EEOC regulations. …more

Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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Federal Motor Carrier Safety Administration (FMCSA) // Emergency Declaration Allowing Regulatory Reprieve for Carriers and Drivers Providing “Direct Assistance” to COVID-19 Relief

In an effort to address critical transportation needs associated with the COVID-19 emergency, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration on March 13, 2020 suspending multiple driver…more

Commercial Truck Drivers, Coronavirus/COVID-19, Emergency Management Plans, Emergency Response, FMCSA

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Department of Treasury Releases Proposed Regulations Offering Pandemic Relief to Qualified Opportunity Zone Businesses

On April 14, 2021, the Department of Treasury (“Treasury”) released proposed regulations (the “Proposed Regulations”) that, if adopted, would allow flexibility for qualified opportunity zone businesses (“QOZBs”) to revise or…more

Community Development, Economic Development, FIRPTA, Foreign Investment, Investment Opportunities

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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

Consumer Financial Protection Bureau (CFPB), Consumer Protection Act, Dodd-Frank, HOLA, Preemption

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U.S. DOT to Release Important Potential Changes to Hours of Service Regulations, Including Hitting the Pause Button

On August 14, 2019, the Department of Transportation announced proposed changes that have been in the works for the last couple of years – changes which will hopefully empower (rather than constrain) commercial drivers for…more

Commercial Truck Drivers, Department of Transportation (DOT), Freight Forwarding, Hours of Service, Labor Regulations

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USCIS Reinstates 540-Day Automatic EAD Extension for Certain Renewal Applicants

USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had…more

Employment Authorization Documents (EAD), Extensions, Foreign Nationals, Foreign Workers, Immigration Procedures

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CMS Proposes to Resolve 340B Illegal Rate with $9M Pay-Out for Traditional Medicare; Medicare Advantage to be Negotiated Privately

In July 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a final rule to address illegal traditional Medicare rates paid in the 340B Drug Pricing Program from 2018-2022. CMS’ proposal would see CMS pay 340B…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, Health Insurance

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COVID-19 Foreclosure Bulletin

COVID-19 (or Coronavirus) is set to dramatically change the foreclosure and eviction process across the United States for the next 60-90 days and likely beyond…more

Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Fair Housing Act (FHA), Fannie Mae

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Can Attorneys Get Paid for Defending Their Right to Get Paid? Supreme Court Set to Decide in Baker Botts, L.L.P. v. ASARCO, L . L . C .

Currently before the Supreme Court is Baker Botts, L.L.P. v. ASARCO, L.L.C. ,in which the Court will determine whether bankruptcy judges have discretion to award compensation for the defense of a fee application under 11 U.S.C…more

Attorney's Fees, Baker Botts v ASARCO, Bankruptcy Code, Commercial Bankruptcy, Reimbursements

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Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Judge Neil Gorsuch Lightens the Burden for Proving “Amount in Controversy” for Federal Jurisdiction

When is a postage stamp like a lottery ticket? When purchased from Stamps.com according to one of its customers. Elizabeth Hammond of New Mexico filed a class action, seeking to recover the sum of $31.98 each on behalf of…more

Amount in Controversy, CAFA, Class Action, Federal Jurisdiction, Neil Gorsuch

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Radical Changes Proposed to NIL and Other Compensation of College Athletes

On December 5, 2023, recently installed NCAA President Charlie Baker sent a letter to at least 350 NCAA member schools in which he proposed numerous “fundamental changes” to college athletics, including two proposed changes that…more

College Athletes, Compensation & Benefits, Educational Institutions, Intellectual Property Protection, Name and Likeness

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WesternGeco: The Supreme Court Rules That Patent Damages Arising From Foreign Activities May Be Permitted

On June 22, 2018, in a 7-2 opinion, the Supreme Court of the United States reversed the Court of Appeals for the Federal Circuit and held that under 35 U.S.C. § 271(f)(2), patent damages arising from foreign activities may be…more

Damages, Extraterritoriality Rules, Foreign Sales, Intervening Acts, Patent Infringement

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Labor & Employment E-Note - July 2020

Spotlight - Wrongfully Convicted of Murder, Tennessee Board of Parole Recommends Adam Braseel to be Exonerated - On June 24, 2020, The Tennessee Board of Parole voted unanimously to recommend that Gov. Bill Lee exonerate…more

401k, Contraceptive Coverage Mandate, Coronavirus/COVID-19, Criminal Convictions, Department of Labor (DOL)

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A “Clean” Start to 2021: Changes to Federal Anti-Money Laundering Laws

In a surprise bout of bipartisanship, and overriding a presidential veto, both chambers of Congress signaled a new priority for 2021—the strengthening of federal anti-money laundering provisions, albeit by an unexpected vehicle…more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Financial Crimes, Financial Institutions

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Evasive Deposition Tactics by the CFPB Supported Dismissal as a Sanction, Affirmed by Eleventh Circuit

On Monday, the Eleventh Circuit affirmed sanctions levied by the United States District Court for the Northern District of Georgia against the Consumer Financial Protection Bureau due to its conduct during discovery. The CFPB…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Depositions

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District Court Rules that Consumer’s Claims Under Georgia’s Fair Business Practices Act Relating to Sale and Finance of Automobile are Preempted

The United States District Court for the Northern District of Georgia has recently ruled that a consumer cannot maintain a claim under the Georgia Fair Business Practices Act (GFBPA) where the claim arises out of a loan…more

Automotive Industry, Consumer Financial Products, Federal Trade Commission (FTC), Financial Services Industry, Holder Rule

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Conundrum on Coaxing Cavinder Twins Highlights Emerging NIL Uncertainty

The University of Miami’s athletic program is learning that Name, Image, and Likeness (NIL) can become a storm, or a tempest in a teapot depending on how you view it, both on and off the court. The Miami Hurricanes were recently…more

Athletes, Basketball, Brand, Compensation, Enforcement Actions

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Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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A “Clean” Start to 2021: Changes to Federal Anti-Money Laundering Laws

In a surprise bout of bipartisanship, and overriding a presidential veto, both chambers of Congress signaled a new priority for 2021—the strengthening of federal anti-money laundering provisions, albeit by an unexpected vehicle…more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Financial Crimes, Financial Institutions

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DOJ & FTC Release Antitrust Guidance for HR Professionals

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a strong warning to HR professionals: certain agreements to fix salaries or limit competition could result in…more

Anti-Competitive, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing

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Making The Hiring Process Work

In This Presentation: - Using Social Media in Hiring Decisions ..Scenario #1 - Hiring Employees with Restrictive Covenants ..Scenario #2 - Disparate Impact ..Scenario #3 - Federal Contractors -…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Restrictive Covenants

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Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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FINRA Proposes Amendments to Arbitration Codes in an Attempt to Increase Efficiency and Effectiveness of Arbitration Process

The Financial Industry Regulatory Authority (“FINRA”) recently filed a proposed rule change with the Securities and Exchange Commission (“SEC”) to amend Rules 12214 and 12601 of the Code of Arbitration for Customer Disputes…more

Arbitration, Financial Industry Regulatory Authority (FINRA), Proposed Amendments, Securities and Exchange Commission (SEC)

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Workplace Accommodation after COVID: Legal Update

In this episode of The Burr Morning Show, Emily Mack and Savannah McCabe discuss the legal landscape around ADA compliance and accommodation after COVID-19. They also discuss how to lawfully address telework, mental health, long…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues, Employment Policies

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Seventh Circuit Holds Bankruptcy Debtor Has No Standing to Assert FDCPA Claims

In Pucillo v. National Credit Systems, Inc., No. 21-3131, 2023 WL 3090627 (7th Cir. Apr. 26, 2023), the Seventh Circuit Court of Appeals affirmed the district court's dismissal of the plaintiff's FDCPA claims for lack of Article…more

Article III, Chapter 7, Consumer Bankruptcy, Debt Collection, Debt Collectors

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Biden Administration Announces Mortgage Relief as Foreclosure Moratorium Comes to an End

In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire.  With this deadline fast approaching, the Biden administration announced a new mortgage relief plan on…more

Biden Administration, Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Federal Housing Administration (FHA)

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Labor & Employment E-Note - August 2021

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Foreign Workers

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SEC Makes First Finding of Retaliation in Violation of the Exchange Act’s Anti-Retaliation Rule

On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President, Chief…more

Anti-Retaliation Provisions, Disgorgement, Employer Liability Issues, Enforcement Actions, Hedge Funds

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Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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The Burr Broadcast: EEOC Strategic Enforcement Plan

In this episode of The Burr Broadcast, Labor and Employment attorney Savannah McCabe discusses the newly released Strategic Enforcement Plan and its impact on employers…more

Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Applicability of USTP Guidelines to Bankruptcy Administrators

Two institutions exist to ensure that bankruptcy cases are conducted in conformity with bankruptcy laws: the U.S. Trustee Program (USTP) and the Bankruptcy Administrator (BA) Program. 1 These institutions perform substantially…more

Chapter 11, Commercial Bankruptcy, Consumer Bankruptcy, Trustees

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The Burr Broadcast: Dartmouth Men's Basketball Team Unionization Efforts Explained

In this episode of The Burr Broadcast, Bryance Metheny, leader of the firm's Labor & Employment practice group, discusses the process that private employers would follow if a union attempts to organize its workforce. He uses the…more

Athletes, Collective Bargaining, College Athletes, Educational Institutions, Employer Liability Issues

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Mississippi Supreme Court Reaffirms Narrow Role of Courts in Modifying Arbitration Awards

The Mississippi Supreme Court recently considered the narrow role of courts in amending arbitration awards and the applicability of federal and state statutes in a choice-of-law conflict. See D.W. Caldwell, Inc. v. W.G. Yates &…more

Arbitration Awards, Choice-of-Law, Construction Contracts, Federal Arbitration Act, MS Supreme Court

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The “Real Dirt” Tax Reform and the Real Estate Industry

Just prior to 2017 year end, Congress passed tax legislation that legislators and tax pundits alike describe as the most significant overhaul of the Internal Revenue Code since the 1986 Tax Act] championed by President Ronald…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Net Operating Losses, New Legislation

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TCPA Breaking News: The Sixth Circuit Sides With Marks, as the Supreme Court Readies to Step In

This summer has been jam packed with Telephone Consumer Protection Act (TCPA) developments.  The Federal Communications Commission (FCC) issued a decision finding that peer-to-peer text messaging systems were exempt from the…more

ATDS, Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Facebook Inc v Duguid, FCC

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The CFPB and New York Attorney General’s Office Levy New Attack On Subprime Indirect Auto Financing in Complaint Filed Against Credit Acceptance Corporation

On January 4, 2023, the Consumer Financial Protection Bureau (CFPB) and New York Attorney General (“NYAG”) (collectively, the “Plaintiffs”) filed a complaint in the Southern District of New York against Credit Acceptance…more

Automotive Loans, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry, Professional Misconduct

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FinCEN Issues Proposed Beneficial Ownership Reporting Rules to the Corporate Transparency Act

Background and Development - On December 7, 2021, the Financial Crimes Enforcement Network (“FinCEN”) published a Notice of Proposed Rulemaking (“NPRM”) for the Corporate Transparency Act (the “CTA”). …more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Doing Business, Financial Crimes

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A Lurking Danger – Is Unionization Inevitable?

Since March of 2020 American businesses have been challenged with unprecedented and unique obstacles. A fairly robust economic engine shut down overnight, shelves were bare and supply chains were interrupted at an alarming rate…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the Eighth…more

Article III, Class Action, Consumer Reports, Criminal Background Checks, Fair Credit Reporting Act (FCRA)

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Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial…more

Biden Administration, Coronavirus/COVID-19, Cyberbullying, Disciplinary Proceedings, Employee Retention

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Making Adjustments: Insurers, Counsel, and the Attorney-Client Privilege

Insurers often rely on counsel, external or otherwise, when addressing the validity and/or strength of claims filed by their insureds. However, there is a trend in the courts which makes the extent and nature of such reliance…more

Attorney-Client Privilege, Discovery, Insurance Claims, Insurance Litigation, Privilege Waivers

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DOL Regulations on Requirements for Childcare Leave May Be a Trap for the Unwary

The U. S. Department of Labor issued its temporary regulations on the Families First Coronavirus Response Act (“FFCRA”) on April 2, 2020. The regulations provide some important (and surprising) information regarding paid leave…more

Child Care, Coronavirus/COVID-19, Department of Labor (DOL), EFMLA, EPSLA

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Alternative Financing Sources for Developers: EB-5 And E-2 Investors

The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used to…more

Business Plans, Construction Project, E-2, EB-5, Entrepreneurs

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DOL Updates Factors For Selecting Plan Investments

On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement and other employee benefit plans in light of recent trends…more

Amended Regulation, Department of Labor (DOL), Duty of Loyalty, Duty of Prudence, Employee Benefits

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Home Builders and Developers Beware: South Carolina Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly

If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are…more

Arbitration, Construction Contracts, Construction Project, Contract Terms, Housing Developers

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Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal

In a recent case out of the bankruptcy court for the Southern District of Florida (the “Court”), a secured creditor moved to dismiss a debtor’s bankruptcy case “for cause” based on the debtor’s bad faith filing. The debtor…more

Bad Faith, Chapter 11, Commercial Bankruptcy, Creditors, Dispensaries

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Georgia Appellate Court Overturns Lower Court's Denial of Bond Incentives for Rivian Investment

On April 28, 2023, the Georgia Court of Appeals reversed the ruling of the Morgan County Superior Court and approved $15 billion in bonds for Project Tera, a 2,000-acre Rivian Horizon LLC (“Rivian”) electric truck plant across…more

Bonds, Construction Project, Critical Infrastructure Sectors, Economic Development, Electric Vehicles

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New Tennessee Brownfield Legislation May Open Opportunities

Tennessee’s new Brownfield legislation proposed by Governor Bill Lee provides significant incentives for acquisition of contaminated property. The legislation envisions three new areas of concentration for brownfield…more

Brownfield Properties, Contaminated Properties, Environmental Policies, Excise Tax, Franchise Taxes

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Hackers Extort Victim with SEC Whistleblower Complaint

In an unintended consequence of the Securities and Exchange Commission's (SEC) unprecedented rulemaking agenda, a black-hat hacker gang has filed a whistleblower complaint against its victim for not reporting a cybersecurity…more

Cyber Attacks, Cybersecurity, Data Breach, Disclosure Requirements, Form 8-K

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COVID-19 Notary Services Impact Bulletin – 50 State Survey

With COVID-19 social-distancing and stay at home orders, millions of Americans have been forced to adapt and find new ways to transact business. While people are generally familiar with receiving documents by email for review…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Notarization

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ATI Exemption for South Carolina Multi-Family Purchasers

South Carolina law provides for a property tax exemption in the year following a sale (the “ATI Exemption”) which should be contemplated in due diligence, property tax planning and a key post-closing task for multi-family…more

Fair Market Value, Multi-Family Development, Property Tax, Real Estate Development, Tax Exemptions

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The Collision of AI and Copyrights

As artificial intelligence (AI) continues to be increasingly utilized in a wide variety of both business and consumer applications, a plethora of legal questions are being raised. Many of these questions revolve around how the…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Innovative Technology

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Changes in Tax Rates for 2023

The IRS has issued Revenue Procedure 2022-38, which sets forth inflation-adjusted items for various provisions of the Internal Revenue Code which will be applicable in 2023. Here are some of the highlights..…more

Capital Gains, Corporate Taxes, Estate Tax, Gift Tax, Income Taxes

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Medicare Announced First 10 Drugs for Upcoming Price Negotiations

In 2024, Medicare will, for the first time, have authority under the Inflation Reduction Act passed in 2022 to negotiate drug prices with pharmaceutical manufacturers. On August 29, the Centers for Medicare and Medicaid Services…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Drug Pricing, Eighth Amendment, Fifth Amendment

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Corporate E-note - December 2021

Resources - South Carolina Business License Reforms Go Into Effect January 1, 2022 - South Carolina businesses have historically been subject to business license taxes on their gross income that vary widely from…more

Biden Administration, Business Licenses, Contract Management, Coronavirus/COVID-19, Department of Labor (DOL)

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Did the Supreme Court Really Ban Nunc Pro Tunc Orders?

The U.S. Supreme Court in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, No. 18-921, 2020 WL 871715, at * (U.S. Feb. 24, 2020) in a per curiam opinion that turned on a state court’s jurisdiction after…more

Appeals, Asset Seizure, Catholic Church, Chapter 11, Federal Jurisdiction

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All Experience is not Good Experience – Experience Ratings & 11 U.S.C. § 363(f)

Recently, the Bankruptcy Court for the Northern District of Alabama joined with a number of courts in finding that a debtor’s ability to sell their assets free and clear of any “interests” in property encompassed the right to…more

Bankruptcy Code, Commercial Bankruptcy, Interested Parties, Reorganizations, Sale of Assets

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Beaufort County, South Carolina Property Fraud Alert Now Available

Property owners in Beaufort County, South Carolina may register at no charge to receive alerts from Beaufort County Register of Deeds regarding possible fraudulent activity involving their property. The sign-up page for Beaufort…more

Deeds, Fraud, Land Titles, Property Owners

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Keep Your Friends Close, but Keep Your Critical Vendors Closer

The Seventh Circuit Court of Appeals’s 2004 decision in Kmart is the most frequently cited case on critical-vendor motions. In Kmart, the Seventh Circuit, in an opinion authored by Hon. Frank Easterbrook, affirmed a district…more

Chapter 11, Commercial Bankruptcy, Kmart, Priority Debt, Vendors

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Supreme Court: District Court Must Stay its Proceedings While an Interlocutory Appeal is Taken on the Question of Arbitrability

On June 23, 2023, in Coinbase v. Bielski, the Supreme Court issued a ruling holding that a district court must stay its proceedings while an interlocutory appeal of the issue of arbitration is ongoing. The 5-4 decision resolves…more

Arbitration, Automatic Stay, Coinbase, Coinbase Inc v Bielski, Cryptocurrency

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Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or…more

Affordable Housing, Best Practices, Burden-Shifting, Disparate Impact, Disparate Treatment

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Regulation Best Interest is Good Enough: The Second Circuit Upholds Regulation BI in XY Planning Network

In XY Planning Network, LLC, et al. v. SEC, et al., the United States Court of Appeals for the Second Circuit rejected a challenge to Regulation Best Interest brought by an organization of investment advisers, an individual…more

Best Interest Standard, Broker-Dealer, Dodd-Frank, Fiduciary Duty, Investment Adviser

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The Burr Morning Show: NLRB Updates

In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024. …more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations, NLRA

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USCIS Reinstates 540-Day Automatic EAD Extension for Certain Renewal Applicants

USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had…more

Employment Authorization Documents (EAD), Extensions, Foreign Nationals, Foreign Workers, Immigration Procedures

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The Burr Morning: Key Legal Developments to Watch for in 2024

Matt Scully and Chandler Aragona review key developments in employment law from 2023 and forecast trends for 2024, including federal developments on DOL's new salary threshold, FTC's ban on non-competes, and the Pregnant Workers…more

Department of Labor (DOL), Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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South Carolina Low Income Housing Tax Credit: Too Much of a Good Thing

The availability of “affordable housing” has become a major issue in many cities, counties and states across the United States, and South Carolina is no exception. To help address the affordable housing shortage, in 2020, South…more

Affordable Housing, Community Development, Construction Project, LIHTC, Low Income Housing

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TTB Adopts Grace Period for Beer, Wine and Spirits Wholesalers and Importers to Disclose Change in Ownership

On July 5, 2019, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued TTB Industry Circular 2019-2 advising that certain eligible beer, wine, and spirits wholesalers and importers shall have until December 31, 2019 to…more

Beer, Beverage Manufacturers, Business Ownership, Change of Ownership, Disclosure Requirements

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AI in the Workplace: Considerations for Use

Artificial intelligence is not human intelligence. While there are many benefits and uses for artificial intelligence, it does not replace the soundness of judgment that people may possess…more

Artificial Intelligence, Bias, Employer Liability Issues, Employment Discrimination, Hiring & Firing

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The Coronavirus Effect on Construction Projects

There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project. Commercial…more

Business Interruption, China, Construction Project, Contract Terms, Coronavirus/COVID-19

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COVID-19 Foreclosure Bulletin

COVID-19 (or Coronavirus) is set to dramatically change the foreclosure and eviction process across the United States for the next 60-90 days and likely beyond…more

Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Fair Housing Act (FHA), Fannie Mae

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OIG Issues Favorable Advisory Opinion About Online Health Directories and Advertisements

Does your practice pay to advertise in online directories? Or do you contract with a website to allow patients to book appointments or look for services? If the answer to these questions is “yes,” you may be interested in a…more

Advertising, Advisory Opinions, Anti-Kickback Statute, Beneficiary Inducement, Health Care Providers

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Standing Room Only – Eighth Circuit Holds that Non-Consumer Attorney Lacks Standing to Bring FDCPA Claim

In Magdy v. I.C. Sys., Inc., No. 21-3010, 2022 WL 4075764, at *1 (8th Cir. Sept. 6, 2022), the Eighth Circuit Court of Appeals, faced with a matter of first impression, held that a non-consumer attorney could not bring an FDCPA…more

Article III, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Three Ways the Inflation Reduction Act Advances Green Banking

The Inflation Reduction Act was signed into law on Tuesday, August 16 and significantly advances the innovative financing method known as green banking. Here are three ways the Act furthers that investment technique in support…more

Air Pollution, Clean Air Act, Clean Energy, Environmental Protection Agency (EPA), Federal Funding

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Now Say That Five Times Fast! Eleventh Circuit Upholds Arbitration Clause Delegating Adjudication of Threshold Questions of Arbitrability to Arbitrator

On May 26, 2022, the Eleventh Circuit issued an opinion reversing the Southern District of Florida’s denial of the appellant’s motion to compel arbitration, therein finding that the district court erred in failing to apply the…more

Arbitration, Arbitration Agreements, Consumer Financial Contracts, Consumer Financial Products, Delegation Clauses

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Debtor’s Estate Set To Expand Or Contract Based On Supreme Court Ruling In Clark v. Rameker

Before the Supreme Court this term is the question of whether a beneficiary individual retirement account (an “Inherited IRA”) is exempt from a debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(C) and (d)(12)2 of the…more

Clark v. Rameker, Debtors, Estate Planning, Individual Retirement Account (IRA), Inheritance

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Suttles v. Facebook, Inc. The ATDS Debate Continues but a Texas District Court Provides Hope for the Industry in The Fifth Circuit

The Fifth Circuit Court of Appeals may now have to decide where it stands on the ATDS issue.  On May 20, 2020, Judge Lee Yeakel of the United States District Court for the Western District of Texas issued an opinion in Suttles…more

ATDS, Facebook, Social Media, TCPA

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EPA Updates Rule for Site Assessments to Address the Innocent Landowner Defense

On October 6, 2014, the Environmental Protection Agency (“EPA”) adopted a final rule which will eventually eliminate one of the two recognized ASTM International standards to conduct environmental site assessments, which were…more

AAI, ASTM, CERCLA, Environmental Protection Agency (EPA), Environmental Site Assessment

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Burr Alert: Physicians, Surgery Centers and Taxes

Since the enactment of the net investment income tax ("NIIT") in 2012, physicians and other taxpayers owning multiple business interests have had to make educated choices based upon accounting projections and SWAGS when…more

Ancillary Agreements, Health Care Providers, Healthcare, Healthcare Facilities, Income Taxes

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Specific Concerns: Insurance Coverage Denials and Specific Personal Jurisdiction

Insurance companies operate nationwide, no pun intended, and with that area of coverage comes more than their fair share of litigation. Common to each and every case is the consideration of whether the court has personal…more

Covenant of Good Faith and Fair Dealing, Denial of Insurance Coverage, Duty to Defend, Forum, Insurance Claims

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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

Creditors, Debtors, Foreclosure, Mortgages, Notice Requirements

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Labor & Employment E-Note - August 2020

Navigating the Minefield of Legal Challenges as Employees Return to Work - Employers face a host of potential legal pitfalls as businesses that were closed in response to the COVID-19 pandemic reopen and new virus hotspots…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health Care Providers, Healthcare Workers, Infectious Diseases

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New Tax Changes That Might Affect Your Estate Planning Strategy

While there are many new tax policy implementations that may be imminent with the new Biden administration, there are two changes in particular that estate planning attorneys are watching closely. These include (1) a reduction…more

Biden Administration, Estate Planning, Estate Tax, Gift-Tax Exemption, Inheritance Tax

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The Gross and the Fair of Toxic Tort Claims in Bankruptcy

Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when exactly…more

Chapter 11, Commercial Bankruptcy, Contaminated Properties, Creditors, Debt Restructuring

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LeDure v. Union Pacific: Locomotive Inspection Act Case Law Stays Intact and “In Use” For Now

Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let stand…more

Bradley LeDure v Union Pac R R Co, Employer Liability Issues, Federal Employers’ Liability Act (FELA), Infrastructure, Labor Law Violations

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White Paper: Commercial Property Insurance Claims in Response to COVID-19

Nearly every business and not-for-profit in the country has been impacted by the ongoing COVID-19 pandemic. Demand for goods and services has dropped precipitously due to stay-at-home orders, public health recommendations, and…more

Business Closures, Business Interruption, Business Losses, Civil Authority Coverage, Coronavirus/COVID-19

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The Eastern District of New York Holds that Spending a “Sizeable Minority of Time” at Your Mother’s House Does not Make You a Called Party

Bank v. ICOT Holdings, LLC, 18-cv-02554 (AMD) (PK), 2024 WL 278460 (E.D.N.Y. Jan. 25, 2024) - Pro se Plaintiff, an attorney, filed a class action lawsuit alleging that two calls he answered at his mother’s house advertising…more

Advertising, Class Action, Do Not Call List, Statutory Violations, TCPA

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State of the Automotive Industry in the U.S. Conference Followup

Here are some conference key takeaways we wanted to share with you that we found interesting from the STATE OF THE AUTOMOTIVE INDUSTRY IN THE U.S. presentation. - Global vehicle sales are expected to reach 101.6 million in…more

Automotive Industry, Connected Cars, Driverless Cars, Electric Vehicles, Lyft

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Meaningful Use Audits: Proactive Tips for Success

For health care professionals who began accepting Meaningful Use incentive money at the outset of availability under the Medicare option in 2011, the year 2015 is an important year. If the provider has met all core requirements…more

Audits, Centers for Medicare & Medicaid Services (CMS), Compliance, Data Protection, Electronic Health Record Incentives

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Bankruptcy Court Declares Prohibition Against Debtors in Bankruptcy from Participating in Paycheck Protection Program Unenforceable

In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in effort to provide support and economic relief to organizations and individuals during the Coronavirus pandemic. Pursuant to the…more

Bankruptcy Court, CARES Act, Coronavirus/COVID-19, Debtors, Federal Loans

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Florida Non-Compete Agreements and the Gift of Little League

October marks the return of the World Series, the joy of costumed children seeking candy from strangers (with—can you believe it—their parents’ permission), and the resumption of little leaguers trying their best to learn the…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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Are you properly protecting your employees' personal information?

If they have not already, employers should take steps now to properly protect the personal information of their employees. The Eleventh Circuit Court of Appeals’ decision in Ramirez v. Paradies Shops, LLC clarifies that…more

Corporate Counsel, Cybersecurity, Data Breach, Data Management, Data Privacy

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Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large…more

Automatic Stay, Bankruptcy Code, CERCLA, Chapter 11, Chapter 7

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Tax Planning in Uncertain Times

There is a long list of reforms that the Trump administration intends to tackle and one of the items on the list is tax reform. Although there are multiple proposals by various players and significant variations among the…more

Business Taxes, C-Corporation, Corporate Taxes, Double Taxation, Income Taxes

See all updates »

Treasury and IRS Issue Proposed Regulations on Prevailing Wage and Apprenticeship Requirements for Inflation Reduction Act’s Increased Energy Credit or Deduction Amounts

The Inflation Reduction Act of 2022 (IRA) provides increased tax credit or deduction amounts, in many instances a five-times-multiplier bonus, for taxpayers meeting prevailing wage and apprenticeship requirements for certain…more

Apprenticeships, Clean Energy, Energy Projects, Inflation Reduction Act (IRA), IRS

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Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to land…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Project, Mechanics Lien

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The State of CFPB Focus on Credit Reporting of Medical Debt

The COVID-19 pandemic's impact on medical debt has spurred the Consumer Financial Protection Bureau into action, particularly as it relates to the credit reporting of medical debt. Since 2020, the CFPB has received a steadily…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Fair Credit Reporting Act (FCRA), FDCPA

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Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the default…more

Debt Collection, Debt Collectors, Default Judgment, FDCPA, Financial Services Industry

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FinCEN Issues Proposed Beneficial Ownership Reporting Rules to the Corporate Transparency Act

Background and Development - On December 7, 2021, the Financial Crimes Enforcement Network (“FinCEN”) published a Notice of Proposed Rulemaking (“NPRM”) for the Corporate Transparency Act (the “CTA”). …more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Doing Business, Financial Crimes

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The Burr Morning Show: Pregnant Workers Fairness Act

Amy Jordan Wilkes and Gabriell Jeffreys discuss practical steps organizations can take to prepare for the Pregnant Workers Fairness Act and the issuance of the final EEOC regulations. …more

Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an emphasis…more

Employee Representatives, Employer Liability Issues, Health and Safety, Labor Reform, OSHA

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Summary Judgment Obtained on Common Carrier Issue

Birmingham attorneys Turner Williams​ and Al Teel​ obtained summary judgment in their favor on behalf of R.J. Corman Railroad Switching Company, LLC in McGinnis v. Alabama River Cellulose, LLC, et al., Case No…more

Common Carriers, Common Law Claims, Federal Employers’ Liability Act (FELA), Negligence, Premises Liability

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Labor & Employment E-Note - August 2021

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Foreign Workers

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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