Burr & Forman

The Best Defense is a Good Strategy: Planning for the Arbitration Rule

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) held its fourth field hearing on Arbitration and issued a proposed Rule that would prohibit the use of arbitration clauses that block consumers’ participation in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking

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
| Commercial Law & Contracts, Finance & Banking, Securities Law

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
| Commercial Law & Contracts, Communications & Media Law, Construction Law

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
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property, Labor & Employment Law

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting

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
| Commercial Law & Contracts, Finance & Banking, Insurance

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 Law, Commercial Law & Contracts, Constitutional Law, Securities Law

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
| Commercial Law & Contracts, Health, Privacy, Science, Computers, & Technology

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
| Civil Rights, Commercial Law & Contracts, Construction Law, Government Contracting, Labor & Employment Law

Tennessee Health Services And Facilities Report: June 2016 Newsletter

The Tennessee Health Services and Development Agency ("HSDA") is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need ("CON") is a permit for the…more
| Administrative Law, Health

Burr Alert: What The New Federal Trade Secrets Law Means For Employees

The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant…more
| Civil Procedure, Civil Remedies, Elections & Politics, Labor & Employment Law, Intellectual Property

Top 7 Factors Affecting Labor Productivity Losses On A Construction Project

Construction labor is always in the news. Last month, I wrote an article for the Nashville Business Journal challenging industry leaders on how to respond to the shortage of skilled labor in the area. Recently, the U.S…more
| Construction Law, Labor & Employment Law

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
| Communications & Media Law, Consumer Protection, Finance & Banking, Privacy

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
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Privacy
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420 North 20th Street
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Birmingham, AL 35203 , United States

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100+ Attorneys

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