Burr & Forman

Florida Supreme Court Refuses to Reconsider Landmark 2016 Ruling on Statute of Limitations for Mortgage Foreclosure

On March 16, 2017, the Florida Supreme Court denied motions for rehearing and/or clarification filed by petitioners Lewis Brook Bartram, the Plantation at Ponte Vedra, and Gideon M.G. Gratsiani. All three petitioners requested…more

Dismissals, Financial Sector, FL Supreme Court, Foreclosure, Mortgages

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Loss Payee Versus Lender’s Loss Payee: One Word Can Make All The Difference

When a lender makes a loan secured by personal property, it will perfect its interest in the collateral under applicable law. To further protect the value of the collateral supporting its loan, the lender will also require proof…more

Collateral, Insurance Industry, Lenders, Loans, Loss Payee

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Corporate & Tax E-Note - December 2014

In this issue: - SEC Crowdfunding Rules Delayed Until October 2015 - Mega M&A Experiencing One of Biggest Booms in History - Some Small Business Owners Say Tax Break Extension Not Enough - 2014…more

Banking Sector, Banks, Corporate Taxes, Crowdfunding, FASB

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Banking & Financial Services E-Note - February 2016

Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a firstperfected security interest in collateral beats a later-perfected lien creditor's interest in…more

Banking Sector, Bankruptcy Court, DOJ, DOL, Foreclosure

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Banking & Financial Services E-Note - November 2016

Employers across the country can now exhale. On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from taking effect on…more

DOL, Employee Benefits, ERISA, Exempt-Employees, Fiduciary Duty

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2016 Health Care Year in Review

Since I began writing this year-end review in 2013, there have been some common themes – a shift to pay for quality and away from fee-for service, much of which has been brought about by the Affordable Care Act (ACA): efforts to…more

60-Day Rule, Affordable Care Act, Alternative Payment Models (APM), CMS, Data Breach

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Construction E-Note - September 2014

In This Issue: - Arbitration Panel Misconstrues Contractor Licensing Law: Court Allows Decision to Stand - Expect New Sports Stadiums - as Long as They Make Money for the State - OSHA Proposes New Injury and…more

Arbitration, Construction Industry, Construction Workers, Licensing Rules, OSHA

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Banking & Financial Services E-Note - January 2017

In an order issued earlier this month, Judge Dalton of the Middle District of Florida held that in anon-bankruptcy context, allegations that collection of a mortgage debt is barred by the statute of limitations do not form a…more

Appeals, Banking Sector, Consumer Bankruptcy, Debt Collection, FCCPA

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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, HIPAA, HIPAA Audits

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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Testimony on Prior Plaintiff’s Possession of Original Note at Inception May Fail When Contravened By Pleadings & Without Other Evidentiary Support

In David L. Ham, Jr. v. Nationstar Mortgage, LLC, 1D14-4024 (Fla. 1st DCA May 12, 2015), the First District Court of Appeals (“First DCA”) reversed the trial court’s Final Judgment of Foreclosure in favor of Nationstar for…more

Final Judgment, Financial Institutions, Foreclosure, Mortgage Lenders, Mortgage Loan Originators

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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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Banking & Financial Services E -Note - March 2015

In This issue: - 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy - Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act -…more

Banks, CFPB, Chapter 11, Commercial Bankruptcy, Consumer Financial Contracts

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Construction E-Note - June 27, 2014

In This Issue: - Mississippi Legislature Expands State’s Lien Law to Protect Subcontractors, Suppliers, and Materialmen - The Alabama Supreme Court Broadens the Definition of “Occurrence” in a General Contractor’s…more

Commercial General Liability Policies, Contractors, Employer Liability Issues, Federal Contractors, HIPAA

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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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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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Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

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Corporate E-Note - August 2016

In a “Table of Experts” series published on July 15, 2016 by the Birmingham Business Journal, Ed Christian provides his insight into a series of questions related to mergers and acquisitions. Please see full E-note below…more

Acquisitions, Administrative Proceedings, ALJ, Business Associates, Business Development

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Banking & Financial Services E-Note - February 2017

The White House clarified that Trump’s January 30 “two for one” Executive Order doesn’t apply to the SEC and other independent regulatory agencies, Reuters reported. Despite press coverage, the Order doesn’t actually require the…more

Banking Sector, Consumer Bankruptcy, Consumer Lenders, Deregulation, Dodd-Frank

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Labor & Employment E-Note - September 2015

The National Labor Relations Board’s (the Board) Democratic majority handed the organized labor movement one of its biggest legal victories in recent years. The decision radically redefines the concept of “joint employment” and…more

Arbitration, Arbitration Awards, Deflategate, DOL, Employee Benefits

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Labor & Employment E-Note - February 2016

The U.S. Department of Labor ("DOL") recently announced that its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are…more

DOL, FLSA, Minimum Salary, Severance Agreements, Unfair Competition

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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Corporate E-Note - October 2015

By now, everyone has heard of the Department of Labor’s ("DOL's") proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards Act's ("FLSA's")…more

Chapter 7, Cloud Computing, Commercial Bankruptcy, FTC, International Data Transfers

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FINRA Proposed Increasing Number of Public Arbitrators on Arbitrator Candidate Slates in Customer Cases

The Financial Industry Regulatory Authority (“FINRA”) recently proposed a change to Rule 12403 of the Code of Arbitration Procedure for Customer Disputes to the Securities and Exchange Commission. FINRA’s proposal is that Rule…more

Arbitration, Financial Institutions, Financial Markets, Financial Sector, FINRA

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Labor & Employment E-Note - January 2017

The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear “SCOTUS” we think of famous civil rights cases such as Marbury v. Madison, (1803) which…more

ALJ, DOL, Electronically Stored Information, FLSA, Immigrants

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Health Care E-Note - October 2016

Last year President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). MACRA implemented significant changes in how Medicare reimburses doctors. In this article for the Birmingham Medical…more

Affordable Care Act, Certificate of Need, Discrimination, DOL, FLSA

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Health Care E-Note - October 2016

Last year President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). MACRA implemented significant changes in how Medicare reimburses doctors. In this article for the Birmingham Medical…more

Affordable Care Act, Certificate of Need, Discrimination, DOL, FLSA

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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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Labor & Employment E-Note - December 2016

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues.Although there is some…more

ADA, Employee Benefits, FMLA, Immigration Reform, Minimum Wage

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Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in…more

Beer, Breweries, Business Formation, Business Plans, Commercial Bankruptcy

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Did the FAR Lose Its Mojo in the Government Contracts World? Depends

It’s not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations (“FAR”), losing some of its mojo. The Nash & Cibinic Report read as follows: “The FAR: Does It Have Contractual Force and…more

Army, Construction Industry, Defense Contracts, Defense Sector, Department of Defense (DOD)

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Will the DOL Fiduciary Duty Rule’s Implementation be Delayed?

In 2016, the U.S. Department of Labor (DOL) issued its final rule expanding the “investment advice fiduciary” definition under ERISA and modified the complex of prohibited transaction exemptions for investment activities as a…more

DOL, Employee Benefits, ERISA, Excessive Fees, Fiduciary Duty

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Recent Fed Action Presents Compliance Questions

The Federal Reserve announced on August 3, 2016, that it would fine Goldman Sachs $36.3 million in connection with a leak of confidential information from its New York branch. The leak was discovered and reported by Goldman…more

Confidential Information, Cooperative Compliance Regime, Criminal Investigations, Federal Reserve, Federal Sentencing Guidelines

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Alabama’s New Non-Compete Statute: Are You Ready For New Year’s Day?

Those involved in drafting, negotiating, or litigating covenants-not-to-compete in Alabama have long known that Alabama’s statute books seldom provide ready answers on this particular topic. The text of current Alabama Code §…more

Contract Drafting, New Legislation, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Burr Alert: “Alakazam”(or not): No Magic Language Necessary for Confirmation Waivers as Georgia Courts Continue to Allow Deficiency Suits Against Guarantors in the Absence or Denial of Confirmation

In last March’s edition of this newsletter, we discussed the Supreme Court of Georgia’s decision in PNC Bank, National Association v. Smith, in which the Court held that compliance with O.C.G.A. § 44-14-161 “is a condition…more

Banking Sector, Banks, Consumer Lenders, Contract Waiver, Financial Institutions

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

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Military Lending Act Compliance

On October 3, 2017, the Department of Defense’s revised Military Lending Act (“MLA”) regulations will apply to consumer credit card accounts. These regulations require significant changes and will alter the landscape of how…more

Banking Sector, Consumer Financial Products, Consumer Lenders, Credit Cards, Department of Defense (DOD)

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Whither EPA

President Trump has proposed a dramatic cut in funding for the Environmental Protection Agency, the new EPA Administrator has suggested rollbacks in regulations, and there are even proposals to abolish the Agency entirely. …more

Clean Power Plan, Congressional Review Act, Deregulation, Environmental Policies, EPA

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Banking & Financial Services E-Note - September 2015

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander. In what is sure to be the first of many county-level responses,…more

Banking Sector, Banks, Chamber of Commerce, Chapter 11, Chapter 7

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Health Care E-Note - Februaury 2017

Ransomware: A Reportable Breach? In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical data…more

ALJ, CMS, Data Breach, Deregulation, Final Rules

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Labor & Employment E-Note - December 2016

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues.Although there is some…more

ADA, Employee Benefits, FMLA, Immigration Reform, Minimum Wage

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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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Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that filing proofs of claim on time-barred debts does not violate the Fair Debt…more

Chapter 13, Consumer Bankruptcy, Debt Collection, FDCPA, Proof of Claims

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Construction E-Note - December 2016

In an article published on Nov. 18, 2016 in Construction Executive Risk Management, Douglas K. Gartenlaub provides guidance helping contractors distinguish between their construction liens and judgment liens. While they are both…more

Construction Industry, Construction Liens, Trump Administration

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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, Rule 26, Rule 34, SCOTUS

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Eleventh Circuit: (1) Mere Procedural Violation Insufficient for Article III Standing and (2) Certified Return Receipt Sufficient Under Regulation X

Since Spokeo v. Robins, 136 S. Ct. 1540 (2016), as revised (May 24, 2016), the consumer finance industry has continued to refine what it means to allege a concrete injury in fact and to meet Article III case and controversy…more

Appeals, Article III, Financial Sector, Injury-in-Fact, Real Estate Market

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In RE ICL Holding Co.: Roadmap For Avoiding The Absolute Priority Rule

In In re ICL Holding Co.,1 the United States Court of Appeals for the Third Circuit a_rmed the bankruptcy court’s approval under 11 U.S.C.A. § 363(b) of the sale of all of the debtors’ assets to the secured lender group and the…more

363 Sales, Absolute Priority Rule, Commercial Bankruptcy, Sale of Assets

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please see…more

Asset Seizure, Defend Trade Secrets Act (DTSA), DOL, Employment Contract, Ex Parte

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Punishment Didn’t Fit the Crime: Court Reverses Dismissal of Action and Cancellation of Note and Mortgage

In Deutsche Bank Nat’l Trust Co. v. Adriana Avila-Gonzalez, 2015 WL 2089094 (Fla. 3d DCA May 6, 2015), the Florida Third District Court of Appeal reversed a trial court order that dismissed a foreclosure action with prejudice…more

Appeals, Attorney's Fees, Deutsche Bank, Foreclosure, Mortgage Lenders

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Corporate E-Note - October 2015

By now, everyone has heard of the Department of Labor’s ("DOL's") proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards Act's ("FLSA's")…more

Chapter 7, Cloud Computing, Commercial Bankruptcy, FTC, International Data Transfers

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Labor & Employment E-Note - September 2016

The Department of Homeland Security ("DHS") recently announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other business…more

DHS, Entrepreneurs, Foreign Nationals, Immigrants, Investment

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Banking & Financial Services E-Note - September 2014

In This Issue: - CFPB to Regulate Nonbank Institutions That Fund Auto Loans - DOJ Suggests Banks Turn In Employees to Avoid Criminal Charges - Regulators Requiring Banks to Carry Higher Capital…more

Apple, Automotive Loans, Banks, CFPB, Credit Cards

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D.C. Circuit Holds Structure of CFPB Unconstitutional, Vacates $109 Million Fine Arising out of Mortgage Lender’s “Captive Reinsurance” Practice

On Tuesday the D.C. Circuit Court of Appeals issued what is already being touted as a landmark ruling in PHH Corp. v. Consumer Financial Protection Bureau, No. 15-1177, 2016 WL 5898801 (D.C. Cir. Oct. 11, 2016), holding in a 2-1…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

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Benedict’s Maritime Bulletin: Discovery and Disclosure: Civil Litigation Tools for Obtaining Evidence in the United States, England, and the Netherlands

The ever-increasing cost of civil litigation was once thought to be a unique trait of the United States civil justice system. However, the expense of civil litigation is on the rise across the globe, due in no small part to the…more

Depositions, Disclosure, Discovery, Evidence, Foreign Tribunals

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Corporate E-Note - October 2016

On November 30, 2016, Burr's Women in Business is sponsoring a panel discussion on "Cybersecurity: Are You At Risk?" at Five Rivers Delta Resource Center in Spanish Fort, Alabama. The panelists include Ed Castile, Deputy…more

Beer, Bond Financing, Bonds, Breweries, Business Succession

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Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

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Labor & Employment E-Note - February 2017

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.- Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. Please see…more

Deregulation, Executive Orders, Foreign Nationals, H-1B, Highly-Skilled Workers Visa

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Labor & Employment E-Note - October 2014

In this Issue: - High Court Considers If Workers Waiting in Line Should Get Paid - Some States Putting Minimum Wage Battle on Ballot - U.S. Labor Department Promoting Paid Maternity Leave - EEOC…more

Amazon, Delivery Drivers, DOL, EEOC, Employee Definition

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Corporate E-Note - October 2016

On November 30, 2016, Burr's Women in Business is sponsoring a panel discussion on "Cybersecurity: Are You At Risk?" at Five Rivers Delta Resource Center in Spanish Fort, Alabama. The panelists include Ed Castile, Deputy…more

Beer, Bond Financing, Bonds, Breweries, Business Succession

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Health Care E-Note - Februaury 2017

Ransomware: A Reportable Breach? In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical data…more

ALJ, CMS, Data Breach, Deregulation, Final Rules

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Health Care E-Note - March 2017

Like pain clinics and pharmacies, practitioners treating substance use disorder appear to be a target for federal enforcers. Under President Trump's administration and Alabama Attorney General Steve Marshall, law enforcement is…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Inpatient Rehab Facilities, Long Term Care Facilities

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Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in…more

Beer, Breweries, Business Formation, Business Plans, Commercial Bankruptcy

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Court Rejects Vicarious Liability Under Georgia Boating Law

The State Court of Dekalb County, Georgia recently held that companies operating in the boat rental business cannot be held vicariously liable for the negligent acts of their rental customers. Carol Morris v. Yaaqov Avihasira,…more

Boating Accidents, Vicarious Liability

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Labor & Employment E-Note - October 2016

In an article published on October 6, 2016 by the Society for Human Resource Management, Bryance Metheny provides insight to the delay in the overtime rule and the lawsuits brought against the Department of Labor…more

Affordable Care Act, Disability Discrimination, DOL, Employee Benefits, Final Rules

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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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The Only Color in Gambling is Green—Why Staking is a Security

The Securities Act of 1933’s catchall for defining a security is the “investment contract.” The landmark case, SEC v Howey, explained that “an investment contract for the purposes of the Securities Act means a contract,…more

Fantasy Sports, Financial Markets, Financial Sector, Investment, Investment Contract

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Health Care E-Note - January 2017

On October 4, 2016, The Centers for Medicare and Medicaid Services ("CMS") released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the…more

Affordable Care Act, ALJ, Audits, Certificate of Need, CMS

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Banking & Financial Services E-Note - November 2016

Employers across the country can now exhale. On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from taking effect on…more

DOL, Employee Benefits, ERISA, Exempt-Employees, Fiduciary Duty

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Banking & Financial Services E-Note - October 2014

In This Issue: - Obama Issues Order to Improve Data Security - Fed Official Calls for U.S. to Stop Bailing Out Banks - Global Regulators Crack Down on Shadow Banking to Curb Risks - CFPB Reports…more

Apple, Apple Pay, Banking Sector, Banks, Barack Obama

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Court Rejects Vicarious Liability Under Georgia Boating Law

The State Court of Dekalb County, Georgia recently held that companies operating in the boat rental business cannot be held vicariously liable for the negligent acts of their rental customers. Carol Morris v. Yaaqov Avihasira,…more

Boating Accidents, Vicarious Liability

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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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Political Organizations File Suit Over Constitutionality of TCPA

American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016). On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in her…more

Auto-Dialed Calls, Cell Phones, Commercial Speech, Content-Based Restrictions, Declaratory Rulings

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Banking & Financial Services E-Note - April 2015

In This Issue: - Insuring Against Data Breaches - Plaintiff in Foreclosure Action Snared by Evidence of Damages, Attorneys' Fees & Costs - Dodd-Frank Act Update April 2015 Edition - Bond Financing:…more

Attorney's Fees, Basel Committee, Bond Financing, Community Banks, Cyber Insurance

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Corporate E-Note - February 2016

With the start of the 2016 tax reporting season, taxpayers making certain payments to a person or entity with a Tennessee address may find that Tennessee has added to the number of information returns they need to…more

Banking Sector, Cybersecurity, DOJ, FIRPTA, Individual Accountability

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Health Care E-Note - March 2017

Like pain clinics and pharmacies, practitioners treating substance use disorder appear to be a target for federal enforcers. Under President Trump's administration and Alabama Attorney General Steve Marshall, law enforcement is…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Inpatient Rehab Facilities, Long Term Care Facilities

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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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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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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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Spokeo, Inc. v. Robins and the TCPA: The Fallout is as Clear as “Concrete”

In the wake of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (May 16, 2016), the Supreme Court decision that had the chance to be legendary, but instead settled for punting back to the Ninth Circuit Court of Appeals, we are left…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc. and…more

ATDS, Auto-Dialed Calls, Declaratory Judgments, Educational Institutions, Emergency Alerts

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Banking & Financial Services E-Note - January 2017

In an order issued earlier this month, Judge Dalton of the Middle District of Florida held that in anon-bankruptcy context, allegations that collection of a mortgage debt is barred by the statute of limitations do not form a…more

Appeals, Banking Sector, Consumer Bankruptcy, Debt Collection, FCCPA

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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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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, FINRA, Proposed Amendments, SEC

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Health Care E-Note - May 2016

On April 6, 2016 the Department of Labor's Employee Benefits Security Administration ("EBSA") issued its long awaited final rule redefining a fiduciary investment advisor (also known as the "conflict of interest rule"), greatly…more

Business Associates, CHIP, CMS, DOL, EBSA

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Wisconsin District Court Extends Stay in TCPA Case Pending Judicial Review of FCC Order

In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”) motion…more

Cell Phones, Debt Collection, Debt Collectors, Declaratory Rulings, FCC

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

See All Updates »

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

See All Updates »

Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

See All Updates »

Health Care E-Note - Februaury 2017

Ransomware: A Reportable Breach? In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical data…more

ALJ, CMS, Data Breach, Deregulation, Final Rules

See All Updates »

Health Care E-Note - February 2015

In This Issue: - HIPAA Privacy During Emergency Situations - Probationary Medicaid RCOs – How Do Physicians Respond Without Subjecting Themselves to Potential Criminal And Civil Liability? - Big Data…more

Anthem Blue Cross, Big Data, Ebola, EHR, Email

See All Updates »

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

See All Updates »

Labor & Employment E-Note - February 2017

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.- Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. Please see…more

Deregulation, Executive Orders, Foreign Nationals, H-1B, Highly-Skilled Workers Visa

See All Updates »

Labor & Employment E-Note - January 2017

The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear “SCOTUS” we think of famous civil rights cases such as Marbury v. Madison, (1803) which…more

ALJ, DOL, Electronically Stored Information, FLSA, Immigrants

See All Updates »

Banking & Financial Services E -Note - March 2015

In This issue: - 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy - Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act -…more

Banks, CFPB, Chapter 11, Commercial Bankruptcy, Consumer Financial Contracts

See All Updates »

CFPB Issues Sweeping and Unprecedented Rulemaking Proposals Seeking to “Drastically Overhaul Debt Collection Market”; Proposals for Creditors to Follow Shortly

Early in the morning on July 28, 2016, in coordination with the Consumer Financial Protection Bureau’s (the “Bureau”) field hearing on debt collection being held the same day in Sacramento, California, the Bureau released a…more

CFPB, Consumer Financial Products, Consumer Lenders, Debt Buyers, Debt Collection

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Banking & Financial Services E-Note - February 2016

Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a firstperfected security interest in collateral beats a later-perfected lien creditor's interest in…more

Banking Sector, Bankruptcy Court, DOJ, DOL, Foreclosure

See All Updates »

Banking & Financial Services E-Note - September 2015

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander. In what is sure to be the first of many county-level responses,…more

Banking Sector, Banks, Chamber of Commerce, Chapter 11, Chapter 7

See All Updates »

Dealing With NIMBYs in Local Land Use and Environmental Approval

A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the…more

Environmental Policies, Land Developers, Land-Use Permits, Popular, Property Owners

See All Updates »

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, HIPAA, HIPAA Audits

See All Updates »

Health Care E-Note - October 2016

Last year President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). MACRA implemented significant changes in how Medicare reimburses doctors. In this article for the Birmingham Medical…more

Affordable Care Act, Certificate of Need, Discrimination, DOL, FLSA

See All Updates »

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance…more

American Bankers Association, Anti-Retaliation Provisions, Arbitration, Arbitration Agreements, Asset Protection

See All Updates »

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 »

Banking & Financial Services E-Note - January 2016

In Deutsche Bank Nat’l Trust Co. v. Estrella Perez, et al., No. 3D15-58, 2015 WL 8347002 (Fla. 3d DCA Dec. 9, 2015), Florida’s Third District Court of Appeal held that the trial court erred in dismissing a foreclosure case on…more

Banking Sector, Bankruptcy Code, Deutsche Bank, Dodd-Frank, FDCPA

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Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van Patten…more

Article III, Gym Memberships, Injury-in-Fact, Invasion of Privacy, Prior Express Consent

See All Updates »

Construction E-Note - December 2015

In an article published in the November 2015 issue of North American Builders, Jason Nimmer provides insight on what it takes to successfully deliver manufacturing-related construction jobs in today’s fast-paced building market…more

Construction Defects, Construction Industry, Drones, Federal Contractors, Manufacturers

See All Updates »

Florida's Fourth DCA Confirms that a Borrower is in the Best Position to Know Their Own Financial Information

The Fourth District Court of Appeal recently affirmed its prior decision in Vidal v. Liquidation Properties, Inc., 104 So. 3d 1274 (4th DCA 2013). Wells Fargo Bank, N.A. v. Hilary A. Williamson, Case No. 4D15-285, 2016 WL…more

Appeals, Applications, Banking Sector, Banks, Borrowers

See All Updates »

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See All Updates »

Banking & Financial Services E-Note - December 2016

Last month, the IRS issued final regulations repealing its rule requiring that a Form 1099-C be filed whenever a financial institution (or certain other limited taxpayers) fails to receive payment on a debt for 36 consecutive…more

ATDS, Banking Sector, Child Care, Consumer Bankruptcy, Dischargeable Debts

See All Updates »

Health Care E-Note - June 19, 2014

In This Issue: - Report Ranks U.S. Last Out of 11 in Health Care System Quality - Analysis Identifies Un-Tracked Avoidable Hospital Complications - Number of Doctors Employed by Hospitals Grew 34% Over 10 Years -…more

Background Checks, Healthcare, Healthcare Costs, Healthcare Facilities, Healthcare Reform

See All Updates »

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See All Updates »

TDEC Solicits Comments on Antidegradation Guidance Document

The Tennessee Department of Environment and Conservation (“TDEC”) is soliciting comments on its new Antidegradation Guidance Document. The document, dated July 19, 2016, was made public January 5, 2016. TDEC is requesting…more

Comment Period, Environmental Policies, New Guidance, Water, Water Quality

See All Updates »

DOL Temporarily Forbears Enforcement of Fiduciary Duty Rule

The Department of Labor’s “fiduciary duty” Rule continues to get more bollixed up. DOL announced a temporary enforcement policy that will give a “free pass” for any violations (a) in the gap between effective date and delay, or…more

Best Interest Contract Exemptions, DOL, Employee Benefits, ERISA, Fiduciary Duty

See All Updates »

Labor & Employment E-Note - March 2015

In This E-Note: - Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation? - New Year’s Resolution Continued: The Multi-State Non-Compete Agreement - The Corporate Board: The False Claims Act…more

DOL, False Claims Act (FCA), Final Rules, FMLA, Non-Compete Agreements

See All Updates »

Banking & Financial Services E-Note - October 2014

In This Issue: - Obama Issues Order to Improve Data Security - Fed Official Calls for U.S. to Stop Bailing Out Banks - Global Regulators Crack Down on Shadow Banking to Curb Risks - CFPB Reports…more

Apple, Apple Pay, Banking Sector, Banks, Barack Obama

See All Updates »

Labor & Employment E-Note - December 2015

Howard Bogard, Chair of Burr's Health Care Practice Group, outlines his top ten 2015 health care developments for Alabama providers in his annual "Health Care Year In Review” article for the Birmingham Medical News. Please…more

ADA, Affordable Care Act, Collective Actions, DOL, FLSA

See All Updates »

Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

See All Updates »

Banking & Financial Services E-Note - January 2017

In an order issued earlier this month, Judge Dalton of the Middle District of Florida held that in anon-bankruptcy context, allegations that collection of a mortgage debt is barred by the statute of limitations do not form a…more

Appeals, Banking Sector, Consumer Bankruptcy, Debt Collection, FCCPA

See All Updates »

Banking & Financial Services E-Note - May 2016

The Southern District of New York has issued an opinion that permitted a debtor to reject certain gathering and condensation agreements as executory contracts. Because the midstream service sector finances the construction of…more

Banking Sector, Beneficial Owner, Breach of Contract, BSA/AML, Commercial Bankruptcy

See All Updates »

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 »

Construction E-Note - September 2015

Florida's Department of Business and Professional Regulation requires and issues licenses for entities and individuals to qualify to construct improvements to real property in Florida. Generally speaking, an out-of-state…more

Best Practices, Construction Contracts, Construction Industry, DOL, Employment Discrimination

See All Updates »

Obama Administration Suffers Environmental Setback

On February 9, 2016, the United States Supreme Court dealt the Obama administration a setback when it temporarily blocked the Obama administration’s efforts to regulate emissions from coal-fired power plants in its attempt to…more

Carbon Emissions, Clean Power Plan, Coal-Fired Generation, Energy Sector, EPA

See All Updates »

Labor & Employment E-Note - November 2016

On November 16, 2016, a Texas federal judge announced at ahearing that his decision on whether to block the U.S. Department of Labor's ("DOL") new overtime rules from taking effect would be made by November 22, 2016. Please…more

Antitrust Provisions, DOJ, DOL, Exempt-Employees, Final Rules

See All Updates »

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

See All Updates »

Labor & Employment E-Note - February 2017

Amidst a first-week flurry of executive orders on trade, immigration, and construction of a U.S.- Mexico border wall, President Trump signed an executive order aimed at peeling back many Obama-era regulations. Please see…more

Deregulation, Executive Orders, Foreign Nationals, H-1B, Highly-Skilled Workers Visa

See All Updates »

Employee Impaired Driving and a Million Dollar Verdict: Employer Best Practices for Employee Vehicle Use

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v. Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1 million…more

Car Accident, Company Vehicles, Employer Liability Issues, Employment Policies, Scope of Work

See All Updates »

Corporate E-Note - October 2016

On November 30, 2016, Burr's Women in Business is sponsoring a panel discussion on "Cybersecurity: Are You At Risk?" at Five Rivers Delta Resource Center in Spanish Fort, Alabama. The panelists include Ed Castile, Deputy…more

Beer, Bond Financing, Bonds, Breweries, Business Succession

See All Updates »

Health Care E-Note - January 2017

On October 4, 2016, The Centers for Medicare and Medicaid Services ("CMS") released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the…more

Affordable Care Act, ALJ, Audits, Certificate of Need, CMS

See All Updates »

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 »

Second District Court of Appeal Declines to Apply Statute of Limitations to Bar Subsequent Foreclosure Actions Premised on Original Default and “All Subsequent Payments”

Following the Florida Supreme Court’s recent decision in Bartram v. U.S. Bank, N.A., 41 Fla. L. Weekly S493, 2016 WL 6538647 (Fla. Nov. 3, 2016), courts were left to interpret how Bartram would affect lenders’ reliance on breach…more

Appeals, Bank of New York (BNY) Mellon, Banking Sector, Dismissals, FL Supreme Court

See All Updates »

Banking & Financial Services E - Note - May 2014

In This Issue: - Fed Regulator Calls for End of Banks' Self-Grading of Risk - Regulator Won't Act on Loan Limits for Fannie Mae and Freddie Mac - Community Bankers Support Tiered Banking Regulatory System - Banks…more

Banks, Community Banks, Cybersecurity, Data Protection, Fannie Mae

See All Updates »

Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life…more

ADA, Advance Directives, American Medical Association, Certificate of Need, Cybersecurity

See All Updates »

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the U.S…more

Article III, Ascertainable Class, ATDS, Cell Phones, Class Action

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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 Site Assessment, EPA

See All Updates »

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 »

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

See All Updates »

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See All Updates »

Health Care E-Note - June 2016

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

Certificate of Need, Controlled Substances, Cyber Attacks, Cybersecurity, Data Breach

See All Updates »

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

See All Updates »

Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

See All Updates »

Middle District of Florida Defines Settlement Communications Allowed Under the FDCPA

On November 18, 2016, the United States District Court for the Middle District of Florida held that the communication of an unequivocal and non-coercive settlement offer does not violate the Fair Debt Collection Practices Act…more

Debt Collectors, Debtors, FDCPA, Judgment As A Matter Of Law, Motion to Dismiss

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Spokeo, Inc. v. Robins and the TCPA: The Fallout is as Clear as “Concrete”

In the wake of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (May 16, 2016), the Supreme Court decision that had the chance to be legendary, but instead settled for punting back to the Ninth Circuit Court of Appeals, we are left…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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Health Care E-Note - March 2017

Like pain clinics and pharmacies, practitioners treating substance use disorder appear to be a target for federal enforcers. Under President Trump's administration and Alabama Attorney General Steve Marshall, law enforcement is…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Inpatient Rehab Facilities, Long Term Care Facilities

See All Updates »

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See All Updates »

Banking & Financial Services E - Note - May 2014

In This Issue: - Fed Regulator Calls for End of Banks' Self-Grading of Risk - Regulator Won't Act on Loan Limits for Fannie Mae and Freddie Mac - Community Bankers Support Tiered Banking Regulatory System - Banks…more

Banks, Community Banks, Cybersecurity, Data Protection, Fannie Mae

See All Updates »

Burr Alert: Lenders Beware: 11th Circuit holds borrower’s false oral statement regarding single asset does not provide basis for non-dischargeability action under § 523(a)(2)(A)

Section 523(a)(2) of the Bankruptcy Code is clear that a debtor can discharge a debt for money obtained by a false statement respecting the debtor’s financial condition unless that statement is in writing. What hasnot been clear…more

Bankruptcy Code, Consumer Bankruptcy, Deceptive Intent, Dischargeable Debts, False Statements

See All Updates »

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

See All Updates »

Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

See All Updates »

Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

See All Updates »

Health Care E-Note - October 2015

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. By starting early, eligible health care…more

FTC, Healthcare, International Data Transfers, Meaningful Use, Non-Compete Agreements

See All Updates »

Trump’s Trillion Dollar Infrastructure Investment Promise

A Trillion Dollar infrastructure investment is a good start, even though it’s highly unlikely that Congress would pass a bill requiring such a large expenditure. No one studying the issue doubts that the nation could probably…more

Bridges, Construction Industry, Critical Infrastructure Sectors, Federal Funding, Public Private Partnerships (P3s)

See All Updates »

Corporate E-Note - April 2016

In an article published by the Birmingham Business Journal in the April 1 print edition, India Vincent provides insights on a series of questions related to cybersecurity, including some best practices to help monitor for and…more

Civil Investigation Demand, Cybersecurity, Data Breach, Data Protection, FATCA

See All Updates »

Burr Alert: “Alakazam”(or not): No Magic Language Necessary for Confirmation Waivers as Georgia Courts Continue to Allow Deficiency Suits Against Guarantors in the Absence or Denial of Confirmation

In last March’s edition of this newsletter, we discussed the Supreme Court of Georgia’s decision in PNC Bank, National Association v. Smith, in which the Court held that compliance with O.C.G.A. § 44-14-161 “is a condition…more

Banking Sector, Banks, Consumer Lenders, Contract Waiver, Financial Institutions

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Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in…more

Beer, Breweries, Business Formation, Business Plans, Commercial Bankruptcy

See All Updates »

Corporate E-Note - October 2016

On November 30, 2016, Burr's Women in Business is sponsoring a panel discussion on "Cybersecurity: Are You At Risk?" at Five Rivers Delta Resource Center in Spanish Fort, Alabama. The panelists include Ed Castile, Deputy…more

Beer, Bond Financing, Bonds, Breweries, Business Succession

See All Updates »

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See All Updates »

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

See All Updates »

Eighth Circuit: A Debt Collector May Call A Third Party More Than Once Without Violating § 1692b(3) of the FDCPA

In Kuntz v. Rodenburg LLP, No. 15-2777, – F.3d –, 2016 WL 5219884 (8th Cir. Sept. 22, 2016), the Eighth Circuit held that a law firm hired to collect a debt did not violate § 1692b(3) of the Fair Debt Collection Practices Act…more

ATDS, Auto-Dialed Calls, Debt, Debt Collection, Debt Collectors

See All Updates »

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

See All Updates »

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, HIPAA, HIPAA Audits

See All Updates »

Construction E-Note - December 2015

In an article published in the November 2015 issue of North American Builders, Jason Nimmer provides insight on what it takes to successfully deliver manufacturing-related construction jobs in today’s fast-paced building market…more

Construction Defects, Construction Industry, Drones, Federal Contractors, Manufacturers

See All Updates »

Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life…more

ADA, Advance Directives, American Medical Association, Certificate of Need, Cybersecurity

See All Updates »

Health Care E-Note - March 2017

Like pain clinics and pharmacies, practitioners treating substance use disorder appear to be a target for federal enforcers. Under President Trump's administration and Alabama Attorney General Steve Marshall, law enforcement is…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Inpatient Rehab Facilities, Long Term Care Facilities

See All Updates »

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

See All Updates »

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

See All Updates »

Third DCA Rejects 57.105 Attorney’s Fees Where Plaintiff Failed to Prove Standing

On March 1st, Florida’s Third District Court of Appeal affirmatively held that a mortgage holder who fails to prove its standing to foreclose is not liable to a defendant borrower for prevailing party attorney’s fees. The…more

Appeals, Article III, Attorney's Fees, Bank of New York (BNY) Mellon, Banking Sector

See All Updates »

Contact

420 North 20th Street
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Birmingham, AL 35203 , United States

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100+ Attorneys

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