Burr & Forman

DOL Fiduciary Rule Re-Makes Retail IRA Advice

Congress voted this week to de-rail the Department of Labor’s sweeping fiduciary-duty suite of rule-making, but doesn’t have the votes to override the President’s threatened veto…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Labor & Employment Law, Securities Law

I Meant it at the Time: Second Circuit Reverses $1.2BN FIRREA Judgment

It’s hornbook law that a later intentional breach of contract, alone, doesn’t equal promissory fraud. Holding it therefore cannot establish mail or wire fraud, the Second Circuit reversed the Government’s $1.2 Billion FIRREA…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

DOL’S New Fiduciary Conflicts of Interest Rules

The U.S. Department of Labor recently announced a new suite of Rules that are a game-changer for any Financial Institution that gives investment advice (including rollovers and distributions) to owners or beneficiaries of IRAs,…more
| Finance & Banking, Labor & Employment Law

SIFMA Releases Draft Municipal Advisor Rule G-42 Compliance Documents

Starting June 23, municipal advisors will be subject to revised Rule 42 and its heightened engagement letter and disclosure obligations. SIFMA has released exposure drafts of compliance documents to help MAs meet those…more
| Commercial Law & Contracts, Securities Law

Trouble Down the Pipeline? What Sabine Oil & Gas Corp. May Mean For The Midstream Service Sector

Recently, the Bankruptcy Court for the Southern District of New York issued an opinion in In re Sabine Oil & Gas Corp. that permitted the debtor, Sabine Oil & Gas Corporation ("Sabine") to reject certain gathering and…more
| Bankruptcy, Commercial Law & Contracts, Energy & Utilities

SEC Approves FINRA Rule 2273

The SEC has approved FINRA Rule 2273, which requires a transferring representative to send customers an educational communication regarding firm recruitment practices and account transfers. The rule is designed to address…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party…more
| Commercial Law & Contracts, Construction Law, Government Contracting, Military Law

6th Cir.: American Pipe Doesn’t Toll Statutes of Repose

Affirming dismissal of some lingering Morgan Keegan bond fund actions, the Sixth Circuit joined the Second in holding that American Pipe class-action tolling does not affect the expiration of a statute of repose. The Court…more
| Civil Procedure, Commercial Law & Contracts, Securities Law

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A. sec…more
| Elections & Politics, Privacy, Science, Computers, & Technology

Tennessee Health Services And Facilities Report: May 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
| Health

FinCEN AML/BSA Amendments Require Beneficial-Owner Look-Through

In AML/BSA rule amendments published May 11, FinCEN will require “covered financial institutions” to implement new beneficial-owner identification and verification as part of their Customer Due Diligence (“CDD”) and adopt…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Burr Alert: U.S. Department of Labor Issues New Overtime Regulations

On May 18, 2016, the U.S. Department of Labor ("DOL") issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime…more
| Labor & Employment Law

Immigration Update: Rule Changes for International Student Workers

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience…more
| Education, Labor & Employment Law, Immigration Law, International Law & Trade, Science, Computers, & Technology

Supreme Court Vacates Ninth Circuit’s Decision in Spokeo, Inc. v. Robbins, Holds “Bare Procedural Violation” of FCRA Does Not Confer Article III Standing

In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Finance & Banking

Supreme Court Rules in Spokeo, Requiring “Concrete and Particularized Harm” For Standing

In a 6-2 decision authored by Justice Samuel Alito, the United States Supreme Court spoke on the issue of standing when statutory violations are alleged, and its opinion could have profound effects on TCPA litigation. Holding…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Finance & Banking
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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
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Locations
Other U.S. Locations
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  • Mississippi
  • Tennessee
Number of Attorneys

100+ Attorneys

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