Burr & Forman

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

  • (205) 251-3000
  • (205) 458-5100

Supreme Court Rules No Presumption of Prudence for ESOP Fiduciaries

The United States Supreme Court clarified the duty of prudence that employee stock ownership plan fiduciaries owe to plan participants in its June 25, 2014 decision Fifth Third Bancorp v. Dudenhoeffer 134 S.Ct. 2459 (U.S. 2014)…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

Dodd-Frank News: July 2014 Dodd Frank Wall Street Reform and Consumer Protection Act Update

In This Issue: - Recent Cases ..RESPA ..FDCPA ..TCPA ..FCCPA & FDCPA ..TILA - In The News ..CFPB to Begin Collecting Complaints Regarding Prepaid Cards ..CFPB Proposes Letting…more
| Civil Procedure, Communications & Media Law, Finance & Banking, Consumer Protection, Real Estate - Residential

MSRB Proposes Revised Duties for Municipal Advisors

The MSRB proposed a Revised Draft of Rule G-42 (“Duties of Non-Solicitor Municipal Advisors”) by Reg. Not. 2014-12 issued July 23, 2014. We addressed the original proposal in our January 23 blog post. The Revised Draft…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

In re Brown: Replacement Value Applies Even When Debtor Surrenders Property

The recent Eleventh Circuit case of In re Brown, 746 F.3d 1236 (2014) held that 11 U.S.C. § 506(a)(2)'s replacement value standard applies even when a Chapter 7 or 13 debtor surrenders collateral under 11 U.S.C. § 1325(a)(5)(C)…more
| Bankruptcy, Finance & Banking

SEC Approves Amended FINRA Rule 2081 Prohibiting Settlements Conditioned on Expungement

On July 22, the SEC approved amendments to FINRA Rule 2081 that prohibit member firms from conditioning arbitration settlements (or seeking to) upon a customer’s assent to CRD expungement relief. The Rule amendments prohibit…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts, Finance & Banking, Securities Law

SEC Announces First Settled Proceeding Against Municipal Issuer under MCDC Initiative

The SEC announced July 8 its first settled administrative proceeding against a municipal issuer under its Municipal Continuing Disclosure Cooperation (“MCDC”) Initiative. In its Order, the SEC charged Kings Canyon Joint Unified…more
| Commercial Law & Contracts, Education, Finance & Banking, Securities Law

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
| Commercial Law & Contracts, Personal Injury

FINRA Sends “Public Arbitrators” Rule to SEC for Approval

On June 30, 2014, the Financial Industry Regulatory Authority (“FINRA”) sent its proposed rules to limit the definition of “public arbitrators” to those without any experience in the securities industry. Previously, an…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Finance & Banking, Securities Law

Delaware Court Dismisses Shareholder Class Action Suit Attacking Corporate Merger

Almost every proposed corporate merger is met with a shareholder suit against the acquiring company, merger target and the target’s board of directors in which the shareholders assert that the board breached its fiduciary duties…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Business Torts, Securities Law

The World Cup of Non-Competes

Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana and…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Labor & Employment Law, Intellectual Property

Alabama Medicaid: Changes to the Regional Care Organization Statute

On May 17, 2013, Governor Bentley signed into law Act 2013-261, Ala. Code § 22-6-150 et. seq. As you may recall, the new law changed the Alabama Medicaid program from a fee-for-service program to a managed care program and…more
| Business Organizations, Health

Labor & Employment E-Note

In This Issue: - High Court to Hear Case on Pregnancy Accommodations - Supreme Court Says Some Employees Don't Have to Pay Union Fees - Recent Decision Leaves Questions About Religion in Hiring Process - NLRB…more
| Civil Rights, Constitutional Law, Elections & Politics, Labor & Employment Law

Banking & Financial Services E-Note

In This Issue: - 70 Countries Agree to Share Bank Information in Tax Evasion Probe - Financial Industry Pushes Back Against Proposed ERISA Requirements - Federal Reserve Proposes Tougher Stress Tests for Banks -…more
| Labor & Employment Law, Finance & Banking, International Law & Trade, Securities Law, Taxation

Reverse Churning: Don't Fall Asleep at the Wheel

It is obvious that broker-dealers and their registered representatives, and investment advisors, must be careful in making recommendations to clients. But the recent increase in regulatory interest relating to inaction in a…more
| Finance & Banking, Business Torts, Securities Law

President Obama Plans to Sign LGBT Anti-Discrimination Executive Order

President Barack Obama will soon sign an executive order barring federal government contractors from discriminating against lesbian, gay, bisexual, and transgender ("LGBT") employees and job applicants, according to recent…more
| Civil Rights, Elections & Politics, Labor & Employment Law, Government Contracting
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
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  • Bankruptcy
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  • Real Estate
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Other U.S. Locations
  • Alabama
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  • Mississippi
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Number of Attorneys

100+ Attorneys

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