Burr & Forman

How To Track Increased Construction Costs For Proving Claims

I previously blogged about the importance of using daily reports to prove construction claims. In addition to daily reports, the following records should be prepared and maintained in the normal course of business to help…more
| Commercial Law & Contracts, Construction Law

Labor & Employment E-Note - August 2016

In an article published on August 12, 2016 by Advance Healthcare Network, Bryance Metheny provides guidance to employers who need to prepare for the recent changes issued by the Department of Labor ("DOL") to the federal…more
| Communications & Media Law, Labor & Employment Law

Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life…more
| Civil Rights, Health, Labor & Employment Law, Privacy, Science, Computers, & Technology

California Court Strikes Fail-Safe TCPA Class Definition

Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe class…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Finance & Banking, Privacy

Illinois District Court Dismisses TCPA Claim Because Calls Were Not Unwanted or Unwelcome

Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by analyzing…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

SEC Continues Crackdown on Whistleblower Restrictions: Calls Qui Tam Waivers "Targeting"

The SEC announced its second enforcement action in a week against a company using severance or confidentiality agreements requiring employees to waive whistleblower bounties or their right to bring a qui tam action…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Dismissal of TCPA Claims for Lack of Standing Does Not Mandate Remand to the State Court

After granting summary judgment for lack of standing against a plaintiff who bought multiple cell phones and numbers for purposes of filing TCPA lawsuits, the Court was faced with a Motion to Amend Judgment wherein Plaintiff…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Privacy

Top 14 Most Common Scheduling Mistakes by Contractors

Many delay, disruption, and loss of productivity claims are lost or substantially reduced in value because mistakes, errors and carelessness are reflected in the original schedule and plan of operations. The original schedule is…more
| Construction Law

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) - Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop the…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc. and…more
| Communications & Media Law, Consumer Protection, Education, Energy & Utilities, Privacy

Alabama Joins Challenge to EPA's Rule Limiting Emissions from the Oil and Natural Gas Industry

Alabama has joined several other states in a petition filed with the U.S. Court of Appeals for the D.C. Circuit seeking to challenge the Environmental Protection Agency’s final rule regulating emissions standards for certain oil…more
| Civil Procedure, Energy & Utilities, Environmental Law

California Court Dismisses TCPA Claim For Lack of Standing

Romero v. Department Stores National Bank, 15-cv-193-CAB-MDD (S.D. Cal. Aug. 5, 2016) - On the eve of trial, the Court dismissed Plaintiff’s claims for lack of standing relying on the Supreme Court case of Spokeo v…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Privacy

SEC Fines Company for Agreements Restricting Whistleblowers

The SEC has fined an Atlanta company $265,000 for using various severance agreements restricting whistleblower activities. The Dodd-Frank Act added ’34 Act § 21F encouraging whistleblower programs…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

DC Circuit Upholds SEC ALJs in First Merits Opinion

The D.C. Circuit has affirmed that SEC ALJs are not constitutional Officers subject to the Appointments Clause, rejecting perhaps the strongest of the constitutional challenges to the Commission’s administrative forum. The…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Securities Law

Eeeek! What To Do When You Find Bones or Human Remains On the Construction Site?

Last month, authorities in Suffolk, Virginia were investigating a construction site where human bones were found.  Forensic experts were called in to excavate the site and determine whether they were recent or from an old burial…more
| Construction Law
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420 North 20th Street
Suite 3400
Birmingham, AL 35203 , United States

  • (205) 251-3000
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