Burr & Forman

DOJ Appeals Newman Insider-Trading Opinion

The Department of Justice appealed the Second Circuit’s Newman decision to the U.S. Supreme Court, after several extensions. United States v. Newman, No. 15-137 (U.S. filed July 30, 2015). Last December’s ruling narrowed the…more
| Commercial Law & Contracts, Securities Law

DC Circuit Keeps Alive Bank’s Constitutional Challenge to CFPB’s Existence

Most constitutional challenges to agency action arise as a defense to an enforcement action. However, State National Bank of Big Spring, Texas (the “Bank”) has led a constitutional challenge to the very existence and structure…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking

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
| Labor & Employment Law

Third Federal Judge in a Row Declines to Follow Florida Appellate Opinion on Statute of Limitations for Mortgage Foreclosure

Florida’s Third District Court of Appeal shocked many court watchers with its opinion in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) when it created a split of…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

US Chamber Recommends SEC Enforcement Changes

Last week the US Chamber of Commerce, through its Center for Capital Markets Competitiveness, issued a white paper proposing wide-ranging changes to the SEC’s enforcement process. Most of the 28 recommendations were refinements…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Securities Law

State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule

Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See prior…more
| Constitutional Law, Environmental Law, Zoning, Planning & Land Use

FINRA Proposes New TRACE Data Set

The Financial Industry Regulatory Authority (FINRA) announced last week that it is seeking comment on a proposal to create a new academic Trade Reporting and Compliance Engine (TRACE) data set. While academic researchers already…more
| Commercial Law & Contracts, Education, Finance & Banking, Securities Law

SEC Enforcement Actions Against IA CCO’s: Aguilar & White Respond to Gallagher

In mid-June, SEC Commissioner Gallagher issued a strongly-worded public dissent from two enforcement actions against investment-adviser CCOs, accusing the Commission of “cutting off its nose to spite its face” by punishing CCOs…more
| Commercial Law & Contracts, Securities Law

Eleventh Circuit: No Wrongful Foreclosure Claim Under Georgia Law Where Foreclosure Was Result of Borrowers’ Default

In Haynes v. McCalla Raymer, LLC, No. 14–14036, __ F. 3d __, 2015 WL 4188459 (11th Cir. July 13, 2015), the Eleventh Circuit Court of Appeals affirmed the Northern District of Georgia’s grant of summary judgment in favor of Bank…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

DOL Will Require Overtime for Employees Who Earn Less Than $50,000

In a much-anticipated move, on June 30, 2015, the Department of Labor issued a 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…more
| Labor & Employment Law

Recent Developments Concerning the Right of Redemption Relating to Homestead Property: Act of Apr. 23, 2015, Alabama Senate Bill No. 124, Ala. Acts, 2015 -79

Under current Alabama law, an interested party (e.g., mortgagor, junior mortgagor, judgment creditor) may redeem real property sold at foreclosure within one (1) year of the date of the foreclosure sale. See ALA.CODE…more
| Finance & Banking, Real Estate - Residential

Rare SEC Administrative Loss in Adviser ADV Case

SEC Administrative Law Judge Grimes dismissed administrative charges against an investment adviser and its principals for allegedly failing to disclose material conflicts of interest in its Form ADV and willfully filing false…more
| Administrative Law, Commercial Law & Contracts, Securities Law

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
| Constitutional Law, Finance & Banking, Real Estate - Residential

New Rule Defining “Waters of the U.S.” Draws New Battle Lines Between the Federal Government and States

The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) published their Final Rule defining “waters of the United States” on June 29, 2015. The rule becomes effective on August 28, 2015. The rule…more
| Environmental Law, Zoning, Planning & Land Use

SEC’s Proposed Reporting Requirements

The U.S. Securities and Exchange Commission recently proposed rules under the Investment Company Act of 1940 and related regulations that would require certain funds, including Exchange-Traded Funds, to provide additional…more
| Commercial Law & Contracts, Securities Law
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420 North 20th Street Suite 3400
Birmingham, AL 35203 , United States

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