Burr & Forman

Bankruptcy Petition Costs Litigant Right to Appeal State Court

Learning the interplay between state rules of judicial procedure and federal bankruptcy law can be a daunting undertaking, but the pitfalls of failing to do so can be severe. A recent example of the importance of being mindful…more

Appeals, Automatic Stay, Banking Sector, Bankruptcy Code, Consumer Bankruptcy

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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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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

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Weighted Scales of Justice in SEC Administrative Proceedings?

Since the 2010 passage of the Dodd-Frank Act, the U.S. Securities and Exchange Commission (“SEC”) has been the subject of growing criticism regarding its increased use of administrative proceedings. By enacting Dodd-Frank,…more

Administrative Proceedings, Dodd-Frank, Insider Trading, SEC, Securities Fraud

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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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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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Commentary on Elsman: Copy of Note Attached to Complaint May Evidence Standing to Foreclose

With its recently-issued opinion in Elsman v. HSBC Bank USA as Trustee for MLMI 2006-AF1, slip op. 5D14-1753, 41 Fla. L. Weekly D57b, 2015 WL 9491875 (Dec. 31, 2015), the Fifth DCA has added to a growing body of case law…more

Foreclosure, HSBC, Mortgages, Promissory Notes, Standing

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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 - 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

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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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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

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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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Health Care E-Note - September 2015

In an article published on August 11, 2015 in the Birmingham Medical News, Ashley Hattaway and Sharonda Childs discuss how many well-meaning managers engage with employees on social media websites, and how doing so provides a…more

Employee Benefits, Health Care Providers, Healthcare, HIPAA, Medical Malpractice

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11th Circuit Holds Assignee Cannot Be Liable For Failure to Provide Payoff Statement Under TILA

On March 1, 2016, the Eleventh Circuit Court of Appeal held that the assignee of a loan cannot be liable for the failure to provide a payoff statement as required by the Truth in Lending Act, 15 USC 1639g. The case is Evanto v…more

Consumer Lenders, Disclosure Requirements, Mortgage Lenders, Mortgages, Truth in Lending Act (TILA)

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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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Lessons of the Deutsche Bank Story

Deutsche Bank, a German lender agreed to plead guilty and pay $2.5 billion to settle with regulators in the United States and the United Kingdom in connection with criminal charges that it rigged and manipulated the London…more

Banks, Chief Compliance Officers, Corporate Counsel, Criminal Prosecution, Deutsche Bank

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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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Supreme Court Relaxes Standard For Awarding Enhanced Damages In Patent Infringement Cases

After several years of handing down perceived anti-patent rulings, yesterday in Halo Elecs. v. Pulse Elecs., the Supreme Court gave patent owners an extra weapon against infringers by making it easier to recover enhanced…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Patent Infringement, Patents

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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 2016

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. This article reviews how, in rapid succession, the Board broke decades-old precedent in five different ways, and explores three more possible…more

Browning-Ferris Industries of California Inc., DOL, E-Signatures, Joint Employers, LMRDA

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Labor & Employment E-Note - April 2016

In an article published by the Birmingham Business Journal ("BBJ") in the March 25 print edition, Bryance Metheny provides insights into a series of questions related to labor and employment law, including what are some legal…more

Bias, Disclosure Requirements, DOL, Employment Discrimination, H-1B

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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 - October 2015

Marcel Debruge and Meryl Cowan were featured in Practical Law's Q&A on workers' compensation law for employers in Alabama. The Q&A addresses Alabama laws requiring workers' compensation coverage, including the benefits process,…more

Anti-Retaliation Provisions, International Data Transfers, Non-Compete Agreements, Personal Data, Trade Secrets

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LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text…more

Construction Industry, Contract Formation, Contract Interpretation, Digital Communications, Mobile Devices

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Can There Be Too Much Disclosure?

In an effort to provide transparency, the Dodd-Frank Act has previously formed an Investor Advisory Committee to assist the SEC on various issues including regulatory priorities, the regulation of securities products, trading…more

Disclosure Requirements, Dodd-Frank, Financial Markets, Investment Adviser, Regulatory Oversight

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Banking and Financial Services E- Note - December 2014

In This Issue: - Congress Move to Roll Back Bank 'Push-Out' Regulation Meets Anger - NCUA Calls for Retailers to Cover Data Breach Costs - Regulators Propose 8 Biggest Banks Increase Capital…more

Banking Sector, Banks, Capital Requirements, CFPB, Data Breach

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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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Banking & Financial Services E-Note - March 2016

Within Burr & Forman's footprint, Florida, Mississippi, and Tennessee have passed statutes exempting Health Savings Account ("HSA") contributions from a debtor's bankruptcy estate. To date, the state of Georgia has not passed a…more

BSA/AML, Chapter 7, Consumer Bankruptcy, Contract Waiver, FCCPA

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Employee Relations, Title VII, and the Confederate Battle Flag

Many workplaces situated below the Mason-Dixon line will employ both those who feel the Confederate flag is a vital part of their heritage and self-expression, and also those who see the Confederate flag as a symbol of racism,…more

Employment Discrimination, Harassment, Hostile Environment, National Origin Discrimination, Religious Accommodation

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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

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Banking & Financial Services E-Note - April 2016

In March 2016, the U.S. Court of Appeals for the Seventh Circuit ruled that a landlord may be liable to a debtor’s bankruptcy estate for the value of a lease the debtor terminated early, holding the termination may be an…more

Banking Sector, C-Suite Executives, Civil Investigation Demand, Commercial Bankruptcy, Commercial Leases

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Ctrl Alt Delete: CFPB says Mortgage Servicers Need Technological Reboot

The Consumer Financial Protection Bureau (CFPB) released a special edition of its supervision report, honing in on mortgage servicers on June 22nd. It blamed outdated technology and process breakdown for trends it has seen with…more

Banking Sector, CFPB, Consumer Financial Products, Home Buyer, Mortgage Servicers

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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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Advancing Chemical Safety – Maybe the Art of Compromise Isn’t Such a Bad Thing

President Obama signed a major reform of the Nation’s chemical safety standards on Wednesday, June 22. The legislation amended the 1976 Toxic Substances Control Act, providing the first substantive changes in the 40-year old…more

Chemicals, Environmental Policies, EPA, Legislative Amendments, Manufacturers

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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

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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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Joint Commission Okays Texting of Patient Orders

The Joint Commission recently announced a change in its policies whereby it will now allow providers to communicate patient orders via text message. The policy applies to all Joint Commission accreditation programs. While the…more

Health Care Providers, HIPAA, Mobile Devices, Policies and Procedures, Text Messages

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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

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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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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

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Alabama Bankruptcy Court Holds That Filing Proof of Claim for Time-Barred Debt Cannot Give Rise to FDCPA Claim or Sanctions

In Jenkins v. Midland Credit Management, Inc., the U.S. Bankruptcy Court for the Northern District of Alabama held that the filing of a proof of claim based on a time-barred debt cannot give rise to a claim for damages under the…more

Bankruptcy Code, Consumer Bankruptcy, Debt, Debt Collection, Debt Collectors

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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

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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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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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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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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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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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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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Health Care E-Note - September 2015

In an article published on August 11, 2015 in the Birmingham Medical News, Ashley Hattaway and Sharonda Childs discuss how many well-meaning managers engage with employees on social media websites, and how doing so provides a…more

Employee Benefits, Health Care Providers, Healthcare, HIPAA, Medical Malpractice

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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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District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v. Robins Decision

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a…more

Article III, Cell Phones, Corporate Counsel, Debt Collection, Delinquent Borrowers

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Corporate E-Note - April 2015

In This Issue: - State Regulatory Boards Are Open to Antitrust Liability, Says the Supreme Court - USPTO Issues Patent Eligibility Guidelines…So Now What? - Bond Financing: The Best-Kept Secret For Central…more

Antitrust Provisions, Bond Financing, Corporate Taxes, Crowdfunding, Cyber Insurance

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Construction E-Note - June 2016

In a Q&A published on May 13, 2016 by the Orlando Business Journal, Peter Vilmos provides insight on Orlando’s biggest construction challenges and offers solutions to the various issues facing the industry. Among those…more

Anti-Discrimination Policies, Bond Financing, Construction Disputes, Construction Industry, Construction Project

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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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Five Georgia Environmental Bills to Watch in 2015

Georgia legislature warms up to solar panels, gets protective of coastal marshes, withdraws support for electric cars, and sacrifices LEED certifications in favor of jobs. April 2, 2015 marked final adjournment of the 2015…more

Energy Sector, LEED Certified, Pending Legislation, Solar Energy, Solar Panels

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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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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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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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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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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 - 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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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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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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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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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 - 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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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 - 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

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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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Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says - eBay…more

ADA, College Athletes, Colleges, Disability, Disability Benefits

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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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Alabama Bankruptcy Court Holds That Filing Proof of Claim for Time-Barred Debt Cannot Give Rise to FDCPA Claim or Sanctions

In Jenkins v. Midland Credit Management, Inc., the U.S. Bankruptcy Court for the Northern District of Alabama held that the filing of a proof of claim based on a time-barred debt cannot give rise to a claim for damages under the…more

Bankruptcy Code, Consumer Bankruptcy, Debt, Debt Collection, Debt Collectors

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Health Care E-Note - April 2015

In This Issue: - New Smartphone Software Provides Groundbreaking Opportunity for Medical Research - The Many Levels of Supervision - Health Care Business Today: A Historical Perspective on Health Care…more

CMS, Healthcare, Healthcare Reform, Medical Research, Mobile Apps

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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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Banking & Financial Services E-Note - November 2015

In an article published on November 5, 2015 by Law360, Nick Agnello provides insight on a recent landmark decision by the Eleventh Circuit, and how it is creating a body of case law empowering local governments to bring actions…more

Debt Collection, Dodd-Frank, Fair Housing Act (FHA), Federal Student Aid, Financial Sector

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

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

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

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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

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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

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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

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Applicability of USTP Guidelines to Bankruptcy Administrators

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

Chapter 11, Commercial Bankruptcy, Consumer Bankruptcy, Trustees

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Labor & Employment E-Note - May 2016

On May 18, 2016, the U.S. Department of Labor issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime requirements,…more

DOL, EBSA, Electronic Reporting, Employee Benefits, Employment Discrimination

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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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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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Eleventh Circuit Addresses TCPA Again: Confirms Validity of 1992 FCC Ruling on “Prior Express Consent”

It would be difficult to identify a federal circuit court of appeals that has released a larger number of influential consumer finance decisions in the last year than the Eleventh Circuit. And last week, the court continued its…more

Cell Phones, FCC, FDCPA, Financial Institutions, Hobbs Act

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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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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 - 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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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

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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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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

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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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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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Tennessee Senators Attempt to Block New Overtime Rules

By now you have heard that the federal overtime laws affecting common white collar exemptions, including those applicable to executive, administrative, and professional employees, will change significantly. As a result, millions…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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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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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

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The Fourth DCA Issues Florida’s First District Court Opinion Specifically Ruling that Promissory Notes are Negotiable Instruments

The Fourth District Court of Appeal recently held that a promissory note is a negotiable instrument even though it references provisions in the mortgage. Onewest Bank, FSB v. Jose Nunez, Case No. 4D13-48176, 2016 WL 803542 (Fla…more

Foreclosure, Mortgages, Promissory Notes

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Banking & Financial Services E-Note - April 2016

In March 2016, the U.S. Court of Appeals for the Seventh Circuit ruled that a landlord may be liable to a debtor’s bankruptcy estate for the value of a lease the debtor terminated early, holding the termination may be an…more

Banking Sector, C-Suite Executives, Civil Investigation Demand, Commercial Bankruptcy, Commercial Leases

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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

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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

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Servicer Foreclosing in Own Name Must Establish Standing and Ratification by Real Party in Interest

In Russell v. Aurora Loan Services, LLC, 40 Fla. L. Weekly D967a (Fla. 2d DCA Apr. 24, 2015), Florida’s Second District Court of Appeal added to the emerging line of case law regarding the proof required to establish standing in…more

Appeals, Assignees, Foreclosure, Loan Documentation, Mortgage Servicers

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Federal Environmental Civil Penalties Set to Increase Dramatically

EPA is increasing civil penalties for all statutes it administers that call for the assessment of civil penalties. These increases are not recommendations or proposed statutory amendments, but are the result of perhaps the…more

Civil Monetary Penalty, Environmental Violations, EPA, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Federal Civil Penalties Inflation Adjustment Act of 1990

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Banking & Financial Services E-Note - February 2015

In This Issue - - Coquina Investments v. TD Bank: Examining a Non-Party’s Invocation of the Fifth Amendment - SideBAR - Dodd-Frank Act Update Financial Fraud Law Report - Post-Crawford FDCPA Claim Dismissed…more

Banking Sector, Banks, Dodd-Frank, FDCPA, Fifth Amendment

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11th Circuit Holds Judicial Review of SEC ALJs Premature

The Eleventh Circuit Friday joined three others in concluding that Congress intended Respondents must wait until appeal from the Commission to have a Court consider their challenges to the Constitutionality of the SEC’s…more

Administrative Proceedings, ALJ, Bebo v SEC, Enforcement Actions, SEC

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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

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Health Care E-Note - September 2015

In an article published on August 11, 2015 in the Birmingham Medical News, Ashley Hattaway and Sharonda Childs discuss how many well-meaning managers engage with employees on social media websites, and how doing so provides a…more

Employee Benefits, Health Care Providers, Healthcare, HIPAA, Medical Malpractice

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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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Applicability of USTP Guidelines to Bankruptcy Administrators

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

Chapter 11, Commercial Bankruptcy, Consumer Bankruptcy, Trustees

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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

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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

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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

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11th Circuit: Publication of Foreclosure Sale Notices Does Not Fall within Purview of FDCPA

Andrew D. Dunavant, Jr., and Mary Dunavant (the Dunavants) appealed the district court’s partial denial of their motion for summary judgment and its grant of the defendant’s motion for summary judgment. Dunavant v. Sirote &…more

FDCPA, Foreclosure, Mortgage Lenders, Written Notice

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Sixth Circuit Weighs in on TCPA “Prior Express Consent”

The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward…more

Appeals, Borrowers, Cell Phones, Consumer Lenders, Debt

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Navigating the Treacherous Waters of Tipped Employee Wages

As evening sets, many restaurants will find themselves bustling with customers and loyal patrons eager to put the day's work to rest. But while managers focus on reservations, inventory, food allergies, and table checks,…more

DOL, Employee Handbooks, FLSA, Minimum Wage, Tipped Employees

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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

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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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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

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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

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Labor And Employment E-Note - November 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990... Please see full E-Note below for more…more

Arbitration, FMLA, NLRB, Non-Compete Agreements, OSHA

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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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Borrowers Cannot Rely on Technical Admissions to Defeat a Mortgage Foreclosure Action

Recounting the relevant facts, Wells Fargo initiated a foreclosure action against Ms. Voorhees in Sarasota County in June 2009. Wells Fargo filed a motion for summary judgment in June 2013. After Voorhees failed to file anything…more

Abuse of Discretion, Borrowers, Discovery, Foreclosure, Mortgages

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Labor & Employment E-Note - May 2016

On May 18, 2016, the U.S. Department of Labor issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime requirements,…more

DOL, EBSA, Electronic Reporting, Employee Benefits, Employment Discrimination

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U.S. Department of Labor's New Federal Overtime Regulations: How it May Affect You

As you may be aware, the Department of Labor recently issued new overtime regulations that will significantly affect salaried employees and their classification as exempt (i.e., not entitled to overtime pay) under the Fair Labor…more

Business Plans, DOL, Exempt-Employees, Final Rules, FLSA

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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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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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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 »

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

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Corporate 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 Industry, FMLA, Green Buildings, Manufacturers, Same-Sex Marriage

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District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v. Robins Decision

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a…more

Article III, Cell Phones, Corporate Counsel, Debt Collection, Delinquent Borrowers

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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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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

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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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Health Care E-Note - September 2014

In This Issue: - Doctors, Insurers Critical of Medicare Physician Fee Schedule - Health Spending Expected to Increase Modestly Over Next Decade - U.S. Hospitals Have Highest Administrative Costs…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Hackers

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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

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

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

Creditors, Debtors, Foreclosure, Mortgages, Notice Requirements

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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 »

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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Banking & Financial Services E-Note - December 2015

In an article published by Financial Advisor on December 8, 2015, Burr & Forman Associate Rhett Owens discusses a proposed rule change from the U.S. Department of Labor (DOL) regarding variable annuities (VAs) that’s set to be…more

ATDS, Banking Sector, Bankruptcy Court, Business Records, FCC

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Florida’s 3rd DCA Reverses Dismissal Based on the Technical Admission

Florida’s Third District Court of Appeals reversed the involuntary dismissal of Wells Fargo Bank, N.A.’s (“Wells Fargo”) foreclosure action against borrower, Melissa Donaldson (“Donaldson”), ruling that it was an abuse of…more

Abuse of Discretion, Appeals, Foreclosure, Reversal, Wells Fargo

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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

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Banking & Financial Services E-Note - April 2016

In March 2016, the U.S. Court of Appeals for the Seventh Circuit ruled that a landlord may be liable to a debtor’s bankruptcy estate for the value of a lease the debtor terminated early, holding the termination may be an…more

Banking Sector, C-Suite Executives, Civil Investigation Demand, Commercial Bankruptcy, Commercial Leases

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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

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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 - 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

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Banking & Financial Services E-Note - March 2016

Within Burr & Forman's footprint, Florida, Mississippi, and Tennessee have passed statutes exempting Health Savings Account ("HSA") contributions from a debtor's bankruptcy estate. To date, the state of Georgia has not passed a…more

BSA/AML, Chapter 7, Consumer Bankruptcy, Contract Waiver, FCCPA

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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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FCC Consumer Advisory Committee Recommends Final Rule Pursuant to Bipartisan Budget Act of 2015 With Consumer Protections

On June 10, 2016, the FCC Consumer Advisory Committee recommended promulgation of a Final Rule pursuant to the Bipartisan Budget Act of 2015, containing the following consumer protections: Calls pursuant to the exception…more

Bipartisan Budget, Debt Collection, FCC, FDCPA, Final Rules

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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

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

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Pokémon Go – Employees Stay: A Primer on Florida Non-Competition Agreements

Pokémon Go is the newest craze to hit smartphones, finding colossal success in America. Some estimates claim that five percent of all android users had installed the game on their phones within one week of launch. Nintendo’s…more

Confidential Information, Employment Contract, Florida, Hiring & Firing, Non-Compete Agreements

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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 »

Banking & Financial Services E-Note - March 2016

Within Burr & Forman's footprint, Florida, Mississippi, and Tennessee have passed statutes exempting Health Savings Account ("HSA") contributions from a debtor's bankruptcy estate. To date, the state of Georgia has not passed a…more

BSA/AML, Chapter 7, Consumer Bankruptcy, Contract Waiver, FCCPA

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Construction E-Note - June 2016

In a Q&A published on May 13, 2016 by the Orlando Business Journal, Peter Vilmos provides insight on Orlando’s biggest construction challenges and offers solutions to the various issues facing the industry. Among those…more

Anti-Discrimination Policies, Bond Financing, Construction Disputes, Construction Industry, Construction Project

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Banking & Financial Services E-Note - April 2016

In March 2016, the U.S. Court of Appeals for the Seventh Circuit ruled that a landlord may be liable to a debtor’s bankruptcy estate for the value of a lease the debtor terminated early, holding the termination may be an…more

Banking Sector, C-Suite Executives, Civil Investigation Demand, Commercial Bankruptcy, Commercial Leases

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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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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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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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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

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

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

Creditors, Debtors, Foreclosure, Mortgages, Notice Requirements

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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

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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: 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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Contact

420 North 20th Street
Suite 3400
Birmingham, AL 35203 , United States

  • (205) 251-3000
  • (205) 458-5100

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • Florida
  • Georgia
  • Mississippi
  • Tennessee
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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