Burr & Forman

Pokémon Go – Employees Stay: A Primer on Florida Non-Competition Agreements

Pokémon Go is the newest craze to hit smartphones, finding colossal success in America. Some estimates claim that five percent of all android users had installed the game on their phones within one week of launch. Nintendo’s…more
| Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

Joint Commission Okays Texting of Patient Orders

The Joint Commission recently announced a change in its policies whereby it will now allow providers to communicate patient orders via text message. The policy applies to all Joint Commission accreditation programs. While the…more
| Communications & Media Law, Health

Federal Environmental Civil Penalties Set to Increase Dramatically

EPA is increasing civil penalties for all statutes it administers that call for the assessment of civil penalties. These increases are not recommendations or proposed statutory amendments, but are the result of perhaps the…more
| Environmental Law

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v. Robins Decision

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a…more
| Communications & Media Law, Constitutional Law, Finance & Banking, Privacy, Consumer Protection

U.S. Department of Labor's New Federal Overtime Regulations: How it May Affect You

As you may be aware, the Department of Labor recently issued new overtime regulations that will significantly affect salaried employees and their classification as exempt (i.e., not entitled to overtime pay) under the Fair Labor…more
| Labor & Employment Law

FINRA Proposed Increasing Number of Public Arbitrators on Arbitrator Candidate Slates in Customer Cases

The Financial Industry Regulatory Authority (“FINRA”) recently proposed a change to Rule 12403 of the Code of Arbitration Procedure for Customer Disputes to the Securities and Exchange Commission. FINRA’s proposal is that Rule…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Finance & Banking, Securities Law

Advancing Chemical Safety – Maybe the Art of Compromise Isn’t Such a Bad Thing

President Obama signed a major reform of the Nation’s chemical safety standards on Wednesday, June 22. The legislation amended the 1976 Toxic Substances Control Act, providing the first substantive changes in the 40-year old…more
| Commercial Law & Contracts, Elections & Politics, Environmental Law

Tennessee Senators Attempt to Block New Overtime Rules

By now you have heard that the federal overtime laws affecting common white collar exemptions, including those applicable to executive, administrative, and professional employees, will change significantly. As a result, millions…more
| Elections & Politics, Labor & Employment Law

Ctrl Alt Delete: CFPB says Mortgage Servicers Need Technological Reboot

The Consumer Financial Protection Bureau (CFPB) released a special edition of its supervision report, honing in on mortgage servicers on June 22nd. It blamed outdated technology and process breakdown for trends it has seen with…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

NCUA Proposes Rule Easing Credit Union Commercial Property Occupancy Rule

The Public Comment period closed yesterday on the National Credit Union Administration’s (NCUA) proposed Rule amending its regulation governing federal credit union (FCU) property occupancy requirements. Presently, a FCU must…more
| Finance & Banking, Real Estate - Commercial

The Best Defense is a Good Strategy: Planning for the Arbitration Rule

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) held its fourth field hearing on Arbitration and issued a proposed Rule that would prohibit the use of arbitration clauses that block consumers’ participation in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking

Can There Be Too Much Disclosure?

In an effort to provide transparency, the Dodd-Frank Act has previously formed an Investor Advisory Committee to assist the SEC on various issues including regulatory priorities, the regulation of securities products, trading…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text…more
| Commercial Law & Contracts, Communications & Media Law, Construction Law

Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please see…more
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property, Labor & Employment Law

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting
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