Burr & Forman

The Florida Legislature recently adopted a new law that allows the Florida Department of Environmental Protection (“FDEP”) to establish surface water quality standards in the state…more

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA…more

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can be…more

Summary: Mortgagees and other lienholders whose proper address does not appear in a recorded mortgage or lien may not receive notice of a pending tax deed sale and may therefore lose collateral. A recent Florida court held that…more

The Tax Policy Center (the “TPC“) has published its analysis of the tax proposals included in President Obama’s 2014 budget. The analysis finds that President Obama’s proposals would have the intended effect of “significantly…more

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied on…more

On March 15, 2013, BP asked United States District Court Judge Carl Barbier, Jr. to block the Deepwater Horizon claims administrator from awarding “business economic losses” that BP contends are “fictitious” claims for damages. …more

According to the Complaint, Plaintiff attended a Lakers basketball game at which time he saw the following statement to fans in the arena: “TEXT your message to 525377.” Plaintiff sent a text message stating “I love you Facey…more

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank Consultants -…more

An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal…more

Three bankruptcy courts within the Eleventh Circuit have recently issued opinions in which they have reluctantly allowed the debtor to entirely strip off the interests held by junior lienholders when the value of the real…more

If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed both…more

The filing of fraudulent tax returns resulting from identity theft is a growing business in America. If it wasn’t bad enough that the criminals would try to get money out of your bank or use the information to purchase goods on…more

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class…more

In late March, the Consumer Financial Protection Bureau ("CFPB") issued final rules amending Regulation E, 12 C.F.R. § 1005.16, which implements the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq. ("EFTA"), and Regulation…more