Burr & Forman

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Latest Publications

Nicholas Agnello

Banking & Financial Services E-Note - November 21, 2013

In This Issue: - CFPB Prepares New Rules Restricting Debt Collectors - CFPB, DOJ Team to Investigate Auto Dealers Over Financing Bias - CFPB Investigating Credit Card Rewards Programs - Consideration of…more

Automotive Loans, CFPB, Credit Cards, Debt Collection, DOJ

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Jason Beckham

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

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

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

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Howard E. Bogard

Best Practices For Laser-Assisted Cataract Surgery

A femtosecond (FS) laser is exciting new technology, but it requires consideration of some important governance and compliance issues. Best practices require the surgeon and the facility (ASC or Hospital) to identify covered and…more

Biotechnology, Healthcare, Medical Devices

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Edward Brown

Health Care E-Note - December 2013

In This Issue: - 2014 Expected to Bring Big Changes for Health Care Industry - GlaxoSmithKline to Stop Linking Drug Reps' Pay to Prescriptions - Lawmakers Consider Mental Health Crisis Act of 2013 - Congress…more

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S. Greg Burge

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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Daniel Burkard

Construction E-Note - December 19, 2013

In this Issue: - Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014 - OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know - It's…more

Contractors, EPA, Greenhouse Gas Emissions, Liens, OSHA

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Nancy Carey

Construction E-Note - July 11, 2013

In This Issue: - Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening the Door to Claims by Unlicensed Contractors in Mississippi - 2013 Alabama Sales and Use Tax Legislation - General Conditions Not…more

Construction Defects, Contractors, Economic Loss Doctrine, Firearms, Guns-in-Trunks Legislation

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Rachel Cash

Banking & Financial Services E-Note - January 31, 2014

In This Issue: - DOJ Weighs Action Against Banks Over Payday Lending Business - More Regulatory Scrutiny Causing Banks to Pass on LBOs - Officials to Issue New Rules on Banks Holding Marijuana Funds - Fed…more

ATMs, Banks, CFPB, Commodities, Compliance

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C. Paul Cavender

Labor & Employment E-Note - February 14, 2014

In This Issue: - High Court Rules Steel Workers Need Not be Paid for Changing Clothes - NLRB Proposes Rules to Streamline Unionization Voting Process - Obama Administration Delays Another Health Insurance…more

Affordable Care Act, Employer Mandates, FLSA, Healthcare, NLRA

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John Chiles

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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John J. Coleman, III

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints…more

Amazon, Class Action, Confessions, Conspiracies, EEOC

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Chip Collins

Labor & Employment E-Note - December 12, 2013

In This Issue: - High Court Gives NLRB Time to Challenge Recess Appointments - High Court Hears Case on Union, Employer "Neutrality Agreements" - Appeals Court Overturns NLRB Arbitration Agreements Decision -…more

Age Discrimination, Arbitration, Arbitration Agreements, D.R. Horton, D.R. Horton v NLRB

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Benjamin Coulter

FINRA Moves Forward With Proposed Rule Requiring Disclosure Of Recruitment Bonuses

FINRA has submitted a proposal to the SEC to adopt FINRA Rule 2243 (Disclosure and Reporting Obligations Related to Recruitment Practices). In FINRA’s words, Rule 2243 would require, in some cases, “specific disclosure by the…more

Bonuses, Corporate Bonuses, Disclosure Requirements, FINRA

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C. William Daniels, Jr.

Construction E-Note - March 28, 2013

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

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

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Marcel Debruge

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints…more

Amazon, Class Action, Confessions, Conspiracies, EEOC

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Daniel Dietrich

Suitability And The “Recidivist Broker”

On January 2, 2014, the Financial Industry Regulatory Authority (“FINRA”) published its annual regulatory and examination priorities letter for 2014. In the publication, FINRA addressed a number of matters, including…more

Advertising, Compliance, Due Diligence, FINRA, Investigations

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Devin Dolive

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -…more

Drugs, Employer Liability Issues, H-1B, Marijuana, Over-Time

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Gillian Watson Egan

Health Care E-Note - March 26, 2014

In This Issue: - Hospital CEO Turnover Rate Reached Record 20 Percent in 2013 - States Take on Authority of Doctors vs. Advanced Practice Nurses - HHS Urges Hospitals to be More Prepared for Emergencies - Doctors…more

Affordable Care Act, CMS, Cyber Attacks, Cybersecurity, Healthcare

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Joshua A. Ehrenfeld

7 Key Roles of a Successful Startup CEO

In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in various…more

Business Formation, CEOs, Legal Perspectives, Startups

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David Elliott

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

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Maurine Evans

Food Quality : Seed, The Ultimate Weapon

Commentary on how use of biotechnology and genetic engineering in agriculture impacts the global food supply — all from control of the lowly seed - Over the past 30 years, the seed industry has experienced considerable…more

Biotechnology, Food Supply, Genetically Engineered Seed, Patents

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Ronald Farley

Latest Report Of Intergovernmental Panel On Climate Change Stresses Need For Adaptation

This past Monday (March 31), Working Group II of the Intergovermental Panel on Climate Change (IPCC) presented its report: Climate Change 2014: Impacts, Adaptation, and Vulnerability. Copies of the two-volume report can be…more

Climate Change, United Nations

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Kelli Carpenter Fleming

Health Care E-Note - March 26, 2014

In This Issue: - Hospital CEO Turnover Rate Reached Record 20 Percent in 2013 - States Take on Authority of Doctors vs. Advanced Practice Nurses - HHS Urges Hospitals to be More Prepared for Emergencies - Doctors…more

Affordable Care Act, CMS, Cyber Attacks, Cybersecurity, Healthcare

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Ronald Flowers

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints…more

Amazon, Class Action, Confessions, Conspiracies, EEOC

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Ashby Kent Fox

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

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Rachel Friedman

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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Bryan Glover

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

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

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Vincent Graffeo

Corporate & Tax E-Note - March 27, 2014

In This Issue: - High Court Considers Whether Corporations Can Lie to Investors - Nasdaq Enters Pre-IPO Market with Private Exchange - Many Early-Stage Start-Ups Still Struggle to Get Funding - Venture…more

Fiduciary Duty, IPO, Lying, Nasdaq, Small Business

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Jesse Graham, Jr.

Governor Scott Signs Expedited Foreclosure Bills

Legislative Response to the Mortgage Foreclosure Crisis - The mortgage foreclosure crisis has exacted a toll on Florida’s economy and judiciary. In the span of four years, foreclosure filings in Florida increased almost…more

Deficiency Judgments, Foreclosure, Housing Market, Mortgages, New Legislation

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James Haithcock, III

Banking & Financial Services E-Note - September 30, 2013

In This Issue: - NCUA Drafts Rule Subjecting Big Credit Unions to Stress Tests Report Finds FDIC Has Filed as Least 32 D&O Lawsuits This Year - CFPB Cracks Down on "Furnishers" Giving Credit Report Information -…more

CFPB, Credit Reports, Credit Unions, D&O Insurance, Debt Collection

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James Haltom

Banking & Financial Services E-Note - November 21, 2013

In This Issue: - CFPB Prepares New Rules Restricting Debt Collectors - CFPB, DOJ Team to Investigate Auto Dealers Over Financing Bias - CFPB Investigating Credit Card Rewards Programs - Consideration of…more

Automotive Loans, CFPB, Credit Cards, Debt Collection, DOJ

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John Harrelson

Health Care E-Note - December 2013

In This Issue: - 2014 Expected to Bring Big Changes for Health Care Industry - GlaxoSmithKline to Stop Linking Drug Reps' Pay to Prescriptions - Lawmakers Consider Mental Health Crisis Act of 2013 - Congress…more

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Ashley Hattaway

Health Care E-Note - March 26, 2014

In This Issue: - Hospital CEO Turnover Rate Reached Record 20 Percent in 2013 - States Take on Authority of Doctors vs. Advanced Practice Nurses - HHS Urges Hospitals to be More Prepared for Emergencies - Doctors…more

Affordable Care Act, CMS, Cyber Attacks, Cybersecurity, Healthcare

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Victor Hayslip

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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Kasee Sparks Heisterhagen

Labor & Employment E-Note - April 11, 2013

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

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H. Carlton Hilson

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

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C. Logan Hinkle

2014 Labor & Employment Law Update: Recent ACA Developments

In This Presentation: - Current State Of Health Care Reform - How Long are the Obamacare Regulations? - Delayed . . . - Not Delayed . . . - The New Model for Health Insurance Coverage - Individual…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Health Insurance Exchanges

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Scott Hitch

EPA, Army Corps Of Engineers Propose Rule Clarifying Clean Water Act Jurisdiction

On March 25, the US Environmental Protection Agency and U.S. Army Corps of Engineers released a proposed rule to clarify Clean Water Act jurisdiction over streams and wetlands by re-defining “Waters of the United States” in…more

Clean Water Act, EPA, Jurisdiction, Water, Waters of the United States

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Jefferson Holt

Corporate & Tax E-Note - March 27, 2014

In This Issue: - High Court Considers Whether Corporations Can Lie to Investors - Nasdaq Enters Pre-IPO Market with Private Exchange - Many Early-Stage Start-Ups Still Struggle to Get Funding - Venture…more

Fiduciary Duty, IPO, Lying, Nasdaq, Small Business

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James A. Hoover

Health Care E-Note - December 2013

In This Issue: - 2014 Expected to Bring Big Changes for Health Care Industry - GlaxoSmithKline to Stop Linking Drug Reps' Pay to Prescriptions - Lawmakers Consider Mental Health Crisis Act of 2013 - Congress…more

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Chester Hosch

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

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Jacquelyn Hutzell

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

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

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

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J. Fredric Ingram

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW - U.S…more

Amazon, Bias, Birth Control Pill, Contraceptive Coverage Mandate, Contraceptives

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Amy Jordan

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW - U.S…more

Amazon, Bias, Birth Control Pill, Contraceptive Coverage Mandate, Contraceptives

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Brendi Kaplan

Burr Alert: Compliance Deadline For New HIPAA Rules Is Rapidly Approaching

On January 17, 2013, the Department of Health and Human Services ("HHS") released its longawaited final HIPAA rule, which significantly expands certain obligations for covered entities and their business associates (the "Final…more

Compliance, Deadlines, Employer Liability Issues, Employer Mandates, HHS

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John Michael Kearns

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

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

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Richard Keller

Banking & Financial Services E-Note - January 31, 2014

In This Issue: - DOJ Weighs Action Against Banks Over Payday Lending Business - More Regulatory Scrutiny Causing Banks to Pass on LBOs - Officials to Issue New Rules on Banks Holding Marijuana Funds - Fed…more

ATMs, Banks, CFPB, Commodities, Compliance

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Joseph King

My Lawyer’s Not Licensed? The Unlicensed Practice Of Law In Arbitration And Mediation Of Securities Disputes

As an investor, you should perform due diligence prior to having an out-of-state attorney represent you in a securities dispute. In an era where social media provides multiple channels for the advertising of an attorney’s skill…more

FINRA, Pro Hac Vice, Professional License, Securities

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Nina Kumar

Burr Alert: Compliance Deadline For New HIPAA Rules Is Rapidly Approaching

On January 17, 2013, the Department of Health and Human Services ("HHS") released its longawaited final HIPAA rule, which significantly expands certain obligations for covered entities and their business associates (the "Final…more

Compliance, Deadlines, Employer Liability Issues, Employer Mandates, HHS

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John Lassiter

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

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Mark Lawson

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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Alan Leeth

Banking & Financial Services E-Note - October 30, 2013

In This Issue: - Fed Proposes Rule Requiring Banks to Stay Liquid During Crisis - Simulation Tests Banks' Survival Against Cyber Attacks - Largest Banks Close to Meeting Mortgage Settlement Obligations - Number…more

Banking Crisis, Banks, Car Dealerships, CFPB, Consumer Complaint System

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Christopher Linde

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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Michael Lucas

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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Mignon Lunsford

What You Don't Say Can Be Used Against You: Assessing The Fifth Amendment's Role In Qui Tam Litigation

In 1987, current Florida governor Rick Scott used his life savings to start Columbia Hospital with the idealistic goal of cutting healthcare costs and improving patient care. A few years later, Columbia merged with the…more

False Claims Act, Fifth Amendment, Healthcare, Hospitals, Qui Tam

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Debra Lee Mackey

Health Care E-Note - September 19, 2013

In This Issue: - Many States Want More Oversight of Health Insurance Navigators - Insurers, Hospitals Argue Over Who Pays When Enrollees Default - ACA Increases Scrutiny of Doctors' Gifts, Payments - States…more

Affordable Care Act, CMS, Debt Collection, Gulf Oil Spill, Healthcare

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Reid Manley

Banking & Financial Services E-Note: August 29, 2013

In This Issue: - World Leaders to Crack Down on Shadow Banking Industry - Obama Urges Lawmakers to Get Busy Finishing Dodd-Frank Rules - CFPB, RICO Pressure Big Banks to Rein in Credit Card Debt - States Taking…more

Barack Obama, CFPB, Credit Cards, Debt, Dodd-Frank

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Darlene Marsh

Leading The Charge On Climate Change

Just as Mary Hatch and George Bailey listened to Sam Wainwright’s “chance of a lifetime offer” in the holiday classic, It’s a Wonderful Life; newly installed EPA Administrator, Gina McCarthy’s Harvard audience listened as she…more

Climate Action Plan, Climate Change, EPA, Gina McCarthy, Global Warming

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April McKenzie Mason

Health Care E-Note - March 26, 2014

In This Issue: - Hospital CEO Turnover Rate Reached Record 20 Percent in 2013 - States Take on Authority of Doctors vs. Advanced Practice Nurses - HHS Urges Hospitals to be More Prepared for Emergencies - Doctors…more

Affordable Care Act, CMS, Cyber Attacks, Cybersecurity, Healthcare

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James McCarten

Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage…more

Banks, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Frank McRight

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW - U.S…more

Amazon, Bias, Birth Control Pill, Contraceptive Coverage Mandate, Contraceptives

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Derek Meek

Deviation From Statutory Scheme In Sale Of Receivership Property

The sale of real and personal property in a receivership estate is governed by 28 U.S.C. §§ 2001 and 2004, and both contain procedures for both a public and private auction of property. Regarding personal property, § 2004…more

Estate Planning, Receivership

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Anton Mertens

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints…more

Amazon, Class Action, Confessions, Conspiracies, EEOC

See All Updates »

Bryance Metheny

Health Care E-Note - September 19, 2013

In This Issue: - Many States Want More Oversight of Health Insurance Navigators - Insurers, Hospitals Argue Over Who Pays When Enrollees Default - ACA Increases Scrutiny of Doctors' Gifts, Payments - States…more

Affordable Care Act, CMS, Debt Collection, Gulf Oil Spill, Healthcare

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Christopher Meyer

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

See All Updates »

Zachary Miller

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

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

Barack Obama, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Meredith Minkus

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

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

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

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John Mooresmith

Health Care E-Note - March 26, 2014

In This Issue: - Hospital CEO Turnover Rate Reached Record 20 Percent in 2013 - States Take on Authority of Doctors vs. Advanced Practice Nurses - HHS Urges Hospitals to be More Prepared for Emergencies - Doctors…more

Affordable Care Act, CMS, Cyber Attacks, Cybersecurity, Healthcare

See All Updates »

Seth Muse

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

See All Updates »

Michael Nardella

Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage…more

Banks, CFPB, Compliance, Cyber Attacks, Cybersecurity

See All Updates »

Christy Thornton Nash

Banking & Financial Services E-Note - September 30, 2013

In This Issue: - NCUA Drafts Rule Subjecting Big Credit Unions to Stress Tests Report Finds FDIC Has Filed as Least 32 D&O Lawsuits This Year - CFPB Cracks Down on "Furnishers" Giving Credit Report Information -…more

CFPB, Credit Reports, Credit Unions, D&O Insurance, Debt Collection

See All Updates »

John Paul Nefflen

Labor & Employment E-Note - November 14, 2013

In This Issue: - High Court Takes on Union Strategy to Push Neutrality Agreements - Justices Consider Pay for Union Workers to Don Safety Gear - Appeals Court Rules for Employers Over Birth Control Coverage -…more

Birth Control Pill, Carryover Basis, Contraceptive Coverage Mandate, Employer No-Weapons Policies, Flexible Spending Accounts

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Kip Nesmith

Closed End Funds

The Financial Industry Regulatory Authority (“FINRA”) has, in recent months, increased its regulatory focus on investor awareness regarding closed-end funds (“CEFs”). In October of last year, FINRA issued an Investor Alert…more

Brokers, Closed-End Funds, FINRA, Investors, IPO

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Norman Orr

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

See All Updates »

KristinTaylor Parsons

Considerations And Alternatives For Non-Compete Litigation

In This Presentation: - Introduction: ..Recently, The Amount Of Non-Compete Litigation Has Increased While Litigation Generally Has Decreased In Recent Years. Why? - Threshold Considerations Regarding…more

Employer Liability Issues, Non-Compete Agreements, Restrictive Covenants

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Kristen Peters Watson

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

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Thomas Potter, III

SEC’s Recent Admissions Case Muddies Standard

The SEC famously announced last year that it would insist upon admissions in settled cases involving egregious conduct – instead of its long-standing “neither admit nor deny” rubric. But its recent Scottrade action has the…more

Electronic Blue Sheets, Scottrade, SEC, Section 17(a)

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Ellen Rains

Deviation From Statutory Scheme In Sale Of Receivership Property

The sale of real and personal property in a receivership estate is governed by 28 U.S.C. §§ 2001 and 2004, and both contain procedures for both a public and private auction of property. Regarding personal property, § 2004…more

Estate Planning, Receivership

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Morey Raiskin

Considerations And Alternatives For Non-Compete Litigation

In This Presentation: - Introduction: ..Recently, The Amount Of Non-Compete Litigation Has Increased While Litigation Generally Has Decreased In Recent Years. Why? - Threshold Considerations Regarding…more

Employer Liability Issues, Non-Compete Agreements, Restrictive Covenants

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E. Travis Ramey

Burr Alert: Historic Supreme Court Term Includes Two Favorable Decisions For Employers

News agencies flocked to Washington D.C. to witness the end of the United States Supreme Court's October 2012 term expecting something momentous. Handing down historic decisions on such controversial issues as affirmative…more

But For Causation, Discrimination, Harassment, Nassar, Retaliation

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Bruce Rawls

Corporate & Tax E-Note - March 27, 2014

In This Issue: - High Court Considers Whether Corporations Can Lie to Investors - Nasdaq Enters Pre-IPO Market with Private Exchange - Many Early-Stage Start-Ups Still Struggle to Get Funding - Venture…more

Fiduciary Duty, IPO, Lying, Nasdaq, Small Business

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Ty Roofner

Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage…more

Banks, CFPB, Compliance, Cyber Attacks, Cybersecurity

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John Schifino

Seventh Circuit Highlights Challenges To Class Certification In Environmental Litigation

Property owners in the town of Roxana, Illinois, a small village on the Mississippi River across from St. Louis, filed suit against Shell Oil Company and ConocoPhillips. The property owners alleged that a refinery owned by…more

Class Action, Class Certification, ConocoPhillips, Environmental Claims, Groundwater

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Atoyia Scott

Construction E-Note - December 19, 2013

In this Issue: - Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014 - OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know - It's…more

Contractors, EPA, Greenhouse Gas Emissions, Liens, OSHA

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Anna Scully

Immigration Compliance In An Era Of Worksite Enforcement

In This Presentation: - A Look Back at 2013 - Where Do We Go From Here? - What Is This H-1B Cap Stuff? - Why Immigration Reform Is Not Imminent - What About Form I-9 And E-Verify? - Enforcement On The…more

Compliance, E-Verify, Enforcement, H-1B, I-9

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Matthew Scully

2014 Labor Law Update

In This Presentation: - “We’re Back” - Recent Developments - “Protected, Concerted Activity” - Recent Developments - “Bettie Page would be rolling over in her grave” - NLRB Issues Opinions On Social Media…more

Employer Liability Issues, NLRB, Protected Concerted Activity, Social Media Policy

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Melinda Eubanks Sellers

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

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Ed Snow

Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage…more

Banks, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Adam Sonenshine

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

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

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

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Nicole Soto

Construction E-Note - December 19, 2013

In this Issue: - Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014 - OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know - It's…more

Contractors, EPA, Greenhouse Gas Emissions, Liens, OSHA

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Frank Springfield

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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Scott Steady

EPA And The Army Corps Announce A Proposed Rule To Clarify Wetlands And Tributary Jurisdiction

In a news release dated March 25th 2014, EPA and the Army Corps outlined a new proposed joint rule to clarify the scope and definition of the “waters of the United States” under the Clean Water Act in an attempt to address…more

EPA, Jurisdiction, US Army Corps of Engineers, Water, Waters of the United States

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Megan Stephens

Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage…more

Banks, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Michael Strasavich

Banking & Financial Services E-Note - November 21, 2013

In This Issue: - CFPB Prepares New Rules Restricting Debt Collectors - CFPB, DOJ Team to Investigate Auto Dealers Over Financing Bias - CFPB Investigating Credit Card Rewards Programs - Consideration of…more

Automotive Loans, CFPB, Credit Cards, Debt Collection, DOJ

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John Oshea Sullivan

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

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

Debtors, Foreclosure, Mortgages, Notice Requirements, Secured Creditors

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Allen Sullivan Jr.

Corporate & Tax E-Note - March 27, 2014

In This Issue: - High Court Considers Whether Corporations Can Lie to Investors - Nasdaq Enters Pre-IPO Market with Private Exchange - Many Early-Stage Start-Ups Still Struggle to Get Funding - Venture…more

Fiduciary Duty, IPO, Lying, Nasdaq, Small Business

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Jonathan Sykes

Banking & Financial Services E-Note - July 31, 2013

In This Issue: - Fed "Reviewing" Banks' Trading in Physical Commodity Markets - Senate Passes Student Loan Bill With House Expected to Follow Suit - Senators Introduce 21st Century Glass-Steagall Act - Regulators…more

Bank Holding Company, Basel III, CFPB, Dodd-Frank, Federal Reserve

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Jordan Teague

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

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Al Teel

Obtaining Enforceable Non-Compete Agreements: Timing And Geography Matter

Last month, a federal judge in Mobile, Alabama denied an employer’s request for a preliminary injunction seeking to stop that employer’s former employee from working for an alleged competitor. See Dawson v. Ameritox, Ltd., Case…more

Employer Liability Issues, Non-Compete Agreements, Preliminary Injunctions, Restrictive Covenants

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Ryan Thompson

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

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Hannah Thrasher

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

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Joshua Threadcraft

Florida District Court Dismisses Class Action Complaint Against Tampa Bay Buccaneers Due Rule 68 Offer Of Judgment

Jeffrey M. Stein, D.D.S., M.S.D., P.A., et al. v. Buccaneers Limited Partnership, No. 8:13-cv-02136-SDM-AEP (Oct. 24, 2013). Three dentists, a pest control service and two other alleged recipients of unsolicited faxes…more

Class Action, Dismissals, Football, Rule 68, TCPA

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Peter C. Vilmos

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

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Monika Vyas Scott

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

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Kelly Waits

Banking & Financial Services E-Note - January 31, 2014

In This Issue: - DOJ Weighs Action Against Banks Over Payday Lending Business - More Regulatory Scrutiny Causing Banks to Pass on LBOs - Officials to Issue New Rules on Banks Holding Marijuana Funds - Fed…more

ATMs, Banks, CFPB, Commodities, Compliance

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Andrea Weed

Banking & Financial Services E-Note - October 30, 2013

In This Issue: - Fed Proposes Rule Requiring Banks to Stay Liquid During Crisis - Simulation Tests Banks' Survival Against Cyber Attacks - Largest Banks Close to Meeting Mortgage Settlement Obligations - Number…more

Banking Crisis, Banks, Car Dealerships, CFPB, Consumer Complaint System

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Callie Whatley

Corporate & Tax E-Note - March 27, 2014

In This Issue: - High Court Considers Whether Corporations Can Lie to Investors - Nasdaq Enters Pre-IPO Market with Private Exchange - Many Early-Stage Start-Ups Still Struggle to Get Funding - Venture…more

Fiduciary Duty, IPO, Lying, Nasdaq, Small Business

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Robert Williams

Burr Alert: Compliance Deadline For New HIPAA Rules Is Rapidly Approaching

On January 17, 2013, the Department of Health and Human Services ("HHS") released its longawaited final HIPAA rule, which significantly expands certain obligations for covered entities and their business associates (the "Final…more

Compliance, Deadlines, Employer Liability Issues, Employer Mandates, HHS

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Ronald Williams

Construction E-Note - July 11, 2013

In This Issue: - Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening the Door to Claims by Unlicensed Contractors in Mississippi - 2013 Alabama Sales and Use Tax Legislation - General Conditions Not…more

Construction Defects, Contractors, Economic Loss Doctrine, Firearms, Guns-in-Trunks Legislation

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Kathryn Willis

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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Amanda E. Wilson

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

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

Debtors, Foreclosure, Mortgages, Notice Requirements, Secured Creditors

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Thomas Wood

Medicare’s Recovery Audit Program (RAC Audits), An Update For Physicians

As many physicians now realize, Recovery Audit Contractors ("RAC") hired by Medicare have turned their attention from hospitals and are now actively pursuing claims submitted by physicians. An audit by a RAC can put a physician…more

ALJ, Appeals, Medicare, Medicare RAC

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Ricardo Woods

Labor & Employment E-Note - February 14, 2014

In This Issue: - High Court Rules Steel Workers Need Not be Paid for Changing Clothes - NLRB Proposes Rules to Streamline Unionization Voting Process - Obama Administration Delays Another Health Insurance…more

Affordable Care Act, Employer Mandates, FLSA, Healthcare, NLRA

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Jennifer Ziemann

Banking & Financial Services E-Note: August 29, 2013

In This Issue: - World Leaders to Crack Down on Shadow Banking Industry - Obama Urges Lawmakers to Get Busy Finishing Dodd-Frank Rules - CFPB, RICO Pressure Big Banks to Rein in Credit Card Debt - States Taking…more

Barack Obama, CFPB, Credit Cards, Debt, Dodd-Frank

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