Baker Donelson

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165 Madison Avenue
Suite 2000
Memphis, TN 38103, United States
Phone: 901.526.2000
Fax: 901.577.2303
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Louisiana
  • Maryland
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

Inconsistency Between FEMA's Appeal Policy and Appeal Regulations Proves Fatal to Appeal – and How to Avoid a Similar Fate

In June, FEMA issued a second appeal decision that seemed incorrect, so we looked into it. The decision – available here – denied a Public Assistance second appeal filed by the East Boulder County Water District (District), in…more

Appeals, Disaster Aid, FEMA, Filing Deadlines, Public Assistance

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Analyzing Whether Section 18(I) of the Investment Company Act Really Permits Closed-End Funds to Opt In to the Maryland Control Share Acquisition Act

Section 18(i) of the Investment Company Act of 1940 (the Act) requires, except as set forth in therein and "as otherwise required by law," that each share of stock issued by a registered closed-end fund "shall be a voting stock…more

Broker-Dealer, Investment Adviser, Investment Company Act of 1940, Investment Management, Securities and Exchange Commission (SEC)

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Health Care Providers Beware: Consumer Finance Regulations Apply Medical Debt Collection

While the prosecution of consumer banks and other lenders is the type of federal regulation that typically makes the headlines, many of the same debt collection regulations also apply to the collection of medical debts…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, FDCPA, Health Care Providers

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"Let's Stay Together" - Managing The Changing Relationships Between Hospitals and Skilled Nursing Facilities

Skilled nursing facilities (SNFs) owned or operated by hospitals (hospital-owned SNFs) have a demonstrated track record of delivering positive outcomes for post-acute care patients. Such success, however, has not been without…more

Critical Access Hospitals, Health Care Providers, Healthcare Facilities, Hospitals, Long Term Care Facilities

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Jumping on the Whistleblower Bandwagon: DOJ Announces Department-Wide Pilot Program to Incentivize Individual Reporting

The Department of Justice's (DOJ) Deputy Attorney General Lisa O. Monaco announced a department-wide whistleblower rewards program on March 7, 2024, that will be designed to supplement existing whistleblower programs, to…more

CFTC, Compliance, Corporate Misconduct, Department of Justice (DOJ), Financial Services Industry

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HHS to Provide Roadmap for Behavioral Health Integration

On September 14, 2022, the U.S. Department of Health and Human Services (HHS) published its Roadmap for Behavioral Health Integration outlining how HHS plans to advance President Biden’s national strategy to address mental and…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Mental Health

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HHS Announces $5 Million for Cancer Screenings at Health Centers with June 15 Application Deadline

In a recent press release, the U.S. Department of Health and Human Services (HHS) announced the availability of $5 million for community health centers to increase equitable access to life-saving cancer screenings. Grant…more

Cancer, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Another Day, Another Dollar but Still No Salary: Supreme Court Draws Bright Line

In a 6 – 3 decision on February 22, 2023, the U.S. Supreme Court held that an offshore rig employee paid a "day rate" but earning more than $200,000 annually is entitled to overtime…more

Employees, Fair Labor Standards Act (FLSA), Over-Time, SCOTUS, Wage and Hour

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Baker's Dozen: Women Leaders We Admire

In this issue of the Baker's Dozen we asked the members of our Women's Initiative to tell us a woman leader (public person) they admire and why. There were so many wonderful responses that ranged from scientists to athletes,…more

Leadership, Women in the Law

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FTC Puts Employers on Notice: Employee Non-Competes Are Problematic and Could Soon be Unlawful

Over the summer, Federal Trade Commission (FTC) Chair Lina Khan announced that the FTC was considering a new regulation targeting employee non-competes and that the agency would also use enforcement actions to target them. The…more

Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Cautionary Tales Provide Lessons From Lack of Bankruptcy Planning

How many times have we heard in recent months that there will soon be a tsunami of bankruptcy filings in the long term care industry? Many commentators have noted that, despite the easing of the pandemic, the industry continues…more

363 Sales, Chapter 11, Commercial Bankruptcy, Liquidation, Long Term Care Facilities

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Baker's Dozen: What Are Your Best "Balance" Tips?

We recently asked our Firm's "Women to Equity" class members about their best tips on achieving "balance." These women, are all on a path towards equity, balancing busy work schedules and client relationships with their…more

Law Firm Associates, Professional Development, Women in the Law, Young Lawyers

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Coronavirus: Significant Tax Provisions in the CARES Act for Businesses and Individuals

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), providing liquidity and other economic relief to individuals, families, and businesses facing the hardships of the coronavirus…more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Financial Stimulus, Hardship Distributions

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The Mad Hatter Attorney

I often introduce myself as an attorney who wears multiple hats: my civilian attorney hat and my military hat. Since law school, I have balanced a career in the Louisiana National Guard with my civilian career. I've often worn…more

Diversity, Diversity and Inclusion Standards (D&I), Employees, Military Service Members, National Guard

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New York Requests Public Comments Regarding PBM Patient-Steering

The New York State Department of Financial Services (Department) announced that it is requesting public comments on the Practice of Patient-Steering by Pharmacy Benefit Managers in New York State. Pharmacy Benefit Managers…more

Federal Trade Commission (FTC), New York, Pharmaceutical Industry, Pharmacies, Pharmacy Benefit Manager (PBM)

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Tax Refund Process and Related Points Resulting from Constitutional Issue with Franchise Tax

A compromise version of House Bill 1893/Senate Bill 2103 was passed by both Legislative Chambers on April 25, 2024 (the Bill). Subject to Governor Lee signing the Bill into law (which is expected to occur), the following is our…more

Amended Tax Returns, Franchise Taxes, SALT, State Legislatures, Tax Credits

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Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer support,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Art, Artificial Intelligence, Authorship, Copyright

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Tax Act Presents New Opportunity for Gain Deferral

The legislation commonly referred to as the Tax Cuts and Jobs Act (the "Act") that was signed into law in late 2017, ushered in significant changes to the Internal Revenue Code (the "Code"). Some of these changes are beneficial…more

Internal Revenue Code (IRC), Like Kind Exchanges, Personal Property, Tax Cuts and Jobs Act, Tax Deferral

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Baker's Dozen – "Tips on the Way to the Top"

We asked for tips people would give to their younger selves. 1. The best advice I can share came from my daughter Stella Kate recently. When a particularly difficult case took many unexpected twists and turns, Stella calmly…more

Professional Development, Women in the Law, Young Lawyers

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Florida Supreme Court: No Safe Harbor for UCC Errors

On August 25, 2022, the Florida Supreme Court issued an opinion in 1944 Beach Boulevard, LLC v. Live Oak Banking Company, No. SC21-1717 holding that Article 9 of the Florida Uniform Commercial Code (the UCC) is unforgiving with…more

FL Supreme Court, Safe Harbors

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Coronavirus: FMCSA Acts to Protect Against CDL and CLP Expirations

On March 24, in response to COVID-19's impact on state driver licensing agencies, medical examiners, and the operators of commercial motor vehicles (CMVs), the Federal Motor Carrier Safety Administration (FMCSA) issued a grant…more

Commercial Truck Drivers, Coronavirus/COVID-19, FMCSA, Motor Carriers, Trucking Industry

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Employers' Top Five COVID-19 Vaccination Questions Answered

The introduction of COVID-19 vaccines has created many questions in the workplace for employers. In this alert, we address five of the most popular vaccine-related questions, including vaccine mandates, mask mandates, and ADA…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employees, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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"Crackdown": Proposed Nursing Home Minimum Staffing Rule to Cost the Industry $4.23 Billion and Would Directly Impact For-Profit Facilities

According to President Biden's recently published column, the Administration's proposed rule, published on September 6, 2023, mandating that nursing homes begin to staff facilities so that registered nurses (RNs) and nurse aides…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Healthcare Workers

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No Chill: The Future of Employee Handbook Standards at the NLRB

In one of his first official actions, President Biden relieved former General Counsel (GC) of the National Labor Relations Board (NLRB) Peter Robb of his position. As Mr. Robb's replacement, President Biden selected Peter Sung…more

Employee Handbooks, Employee Rights, Employees, NLRA, NLRB

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Landmark Ruling: Victory for Powers of Attorney and Health Care Providers

Baker Donelson secured a win before the Tennessee Supreme Court when, on February 16, 2024, the Court issued a ruling supporting health care providers and those who seek to secure health care for a loved one. In Williams v…more

Arbitration Agreements, Durable Power of Attorney, Health Care Providers, Long-Term Care, Wrongful Death

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Baker's Dozen: How to Create Meaningful Mentorships

We recently asked the Baker Donelson community to share "one tip or piece of advice on how to create meaningful mentorships." 1. I had the good fortune as a senior associate and young shareholder to work closely with John…more

Career Development, Law Firm Associates, Leadership, Mentors, Professional Development

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IRS Issues New Guidance on NIL Collectives

On June 9, 2023, the IRS issued memorandum number AM 2023-004, providing guidance on whether organizations that develop paid name, image, and likeness (NIL) opportunities for student-athletes are tax-exempt under section…more

Internal Revenue Code (IRC), IRS, Name and Likeness, Student Athletes, Tax Exemptions

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Estate Planning Alert: The Time for Planning is Now

Earlier this year we issued an Estate Planning Alert advising high-net worth individuals to consider taking certain estate planning steps by the end of 2020. As the end of the year approaches, it is important to again consider…more

Biden Administration, Generation-Skipping Transfer, Gift Tax, Joe Biden, Tax Cuts and Jobs Act

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D.C. Council Passes Emergency Legislation to Close "Gifting Shops" in the District

The D.C. Council passed emergency legislation on January 9, 2024, in furtherance of its effort to close the D.C. cannabis industry's "gray market." The "gray market" is the cannabis industry that was created when D.C. legalized…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Marijuana, Marijuana Related Businesses, Medical Marijuana

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IRS Issues Final Regulations for Charitable Hospitals

On December 29, 2014, the Internal Revenue Service and the Department of Treasury issued final regulations on requirements described in Section 501(r) for charitable hospitals exempt from federal income tax under Section…more

Charitable Organizations, CHNA, Exempt Organizations, Final Rules, Hospitals

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U.S. Supreme Court Special Master Issues Report in Favor of Tennessee, Memphis and Memphis Light Gas and Water

Since 2005, Leo Bearman Jr., David Bearman and Kristine Roberts have led the efforts advocating for the City of Memphis and Memphis Light Gas and Water in Mississippi v. Tennessee. At issue has been groundwater in the…more

Groundwater, Natural Resources, Special Master, Trials

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Federal District Court Rules Favorably for Medical Device Manufacturer in Off-Label Promotion Lawsuits

On April 13, 2015, in the case of Kathleen Hafer v. Medtronic, Inc., the United States District Court for the Western District of Tennessee issued a favorable opinion to a medical device manufacturer in the context of preemption…more

Leave to Amend, Manufacturers, Medical Devices, Medtronic, Misrepresentation

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COVID-19 Relief: New Funding Available for Schools

COVID-19 relief is on the way to schools. On March 17, 2021, the Department of Education announced each state's allocation of American Rescue Plan (ARP) Elementary and Secondary School Emergency Relief (ESSER) funds. Though the…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Department of Education, Educational Institutions, Federal Funding

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Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the…more

Automotive Industry, Automotive Loans, Canada, Cars, Leases

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New HUD Guidance for Long Term Care Industry

On April 25, 2014, HUD issued a new Mortgagee Letter (Mortgagee Letter 2014-06) that implements revised policies with respect to master leases and portfolios for HUD-insured financing of long term care facilities. This letter…more

Commercial Leases, Financing, HUD, Leases, Long Term Care Facilities

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The Fight for the Noblest Democracy: Women's Suffrage in Alabama

Baker Donelson attorney Jenna Bedsole wears many hats. She is a shareholder in our Birmingham office, Practice Group Leader for the Firm's Labor & Employment Group, wife and mother to two daughters and filmmaker. Jenna became a…more

Activist, Documentaries, Film Industry, Nineteenth Amendment, Sex Discrimination

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Regulatory Sprint: Understanding the Impact on the Stark Law, Anti-kickback Statute, and Value-based Arrangements

The Department of Health and Human Services has released extensive and significant revised final rules governing the Physician Self-Referral Law (the Stark law) and the Medicare Anti-Kickback Statute (AKS) in furtherance of its…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Patients

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Leveraging Intellectual Property to Mitigate Web Spoofing, Phishing Attacks, and other Deliberate Acts of Confusion on the Internet

While phishing has been around for years, cybercriminals continue to become more sophisticated and their fraud schemes more robust and well-orchestrated. Website spoofing – where a cybercriminal sets up a fake website that…more

Copyright Infringement, Cyber Crimes, DMCA, Phishing Scams, Spoofing

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Top Ten Ways to Avoid Litigation in Long Term Care

Litigation against long term care facilities has reached a fever pitch in recent years. Plaintiff attorneys have been capitalizing on the sympathies of jurors by painting the picture of an elderly, innocent, and helpless victim…more

Arbitration Agreements, Background Checks, Defense Strategies, Elder Abuse, Employee Training

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Common Ground

Chris Biller: I have been an associate at Baker Donelson's Nashville office for one year, and in that time, I have had the opportunity to both meet and work with many individuals from different walks of life. I recently became…more

Career Development, Diversity, Law Firm Associates, Professional Development, Young Lawyers

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Coronavirus: USPTO and U.S. Copyright Office Extend Deadlines due to Covid-19 Pandemic

On March 31, 2020, the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office both announced grace periods for certain fees and deadlines during the coronavirus (COVID-19) public health emergency. Leaders of both…more

Coronavirus/COVID-19, Deadlines, Filing Deadlines, Patents, Relief Measures

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Linda Klein: The Secrets to My Success

Linda has been shattering the glass ceiling since she started out as a young attorney. Throughout her career, she charted her own path to the top and developed a list of secrets to success that have proved integral to her…more

Career Development, Professional Development, Women in the Law, Young Lawyers

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Baker's Dozen: Women Leaders We Admire

In this issue of the Baker's Dozen we asked the members of our Women's Initiative to tell us a woman leader (public person) they admire and why. There were so many wonderful responses that ranged from scientists to athletes,…more

Leadership, Women in the Law

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USMCA Becomes Law, Still Awaiting Ratification from Canada

On January 29, 2020, President Trump signed into law the United States-Mexico-Canada Agreement (USMCA), which replaces the 25-year-old North American Free Trade Agreement (NAFTA)…more

Canada, NAFTA, Trade Relations, United States-Mexico-Canada Agreement (USMCA)

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Short-Term Rentals and Long-Term Considerations: Examining Short-Term Rental Liability During the Opioid Crisis

Many may have recently seen sensational headlines like "Family of toddler sues Airbnb after child dies from fentanyl" and "Baby killed by fentanyl exposure in Florida Airbnb," and were left questioning whether such a lawsuit…more

Hospitality Industry, Liability, Property Managers

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Alabama Extends Historic Preservation Tax Credit

During the recent session, the Alabama Legislature passed House Bill 281, extending Alabama's historic preservation tax credit (the Credit) for an additional five years through 2027. The Credit began in 2013, has been previously…more

Historic Preservation, State and Local Government, State Taxes, Tax Credits, Tax Incentives

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CBCA Decision – CBCA Strictly Enforces Arbitration Filing Deadlines Under the 2018 Disaster Recovery Reform Act

Section 1219 of the Disaster Recovery Reform Act of 2018 (DRRA) permits FEMA Public Assistance applicants to pursue binding arbitration to resolve funding disputes with FEMA. The agency has published a Fact Sheet to provide…more

Arbitration, FEMA, Natural Disasters

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WHITE PAPER: .bank is here!

A white paper from OBER/KALER describing what you need to know about .bank - Sunrise is on the horizon for .bank. A new Internet land rush begins mid-2015 for websites bearing the extension .bank, the financial world’s…more

gTLD, ICANN, Online Banking, Trademarks

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"Let's Stay Together" - Managing The Changing Relationships Between Hospitals and Skilled Nursing Facilities

Skilled nursing facilities (SNFs) owned or operated by hospitals (hospital-owned SNFs) have a demonstrated track record of delivering positive outcomes for post-acute care patients. Such success, however, has not been without…more

Critical Access Hospitals, Health Care Providers, Healthcare Facilities, Hospitals, Long Term Care Facilities

See all updates »

Baker's Dozen: What Are Your Best "Balance" Tips?

We recently asked our Firm's "Women to Equity" class members about their best tips on achieving "balance." These women, are all on a path towards equity, balancing busy work schedules and client relationships with their…more

Law Firm Associates, Professional Development, Women in the Law, Young Lawyers

See all updates »

Are Employee Outbursts Protected Activity? Maybe.

On Monday, May 1, 2023, in Lion Elastomers, NLRB Case No. 16-CA-190681, the National Labor Relations Board (NLRB or the Board) overturned an employer-friendly precedent dating from 2020 by finding that the termination of an…more

Employees, Employer Liability Issues, NLRA, NLRB, Protected Activity

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Parties Draft Own Pre-nup, Waiver of Alimony Held Invalid

Everyone wants to save money, and no one wants to "lawyer up" right before a wedding. It's tempting for lay people to download contracts, including pre-nuptial agreements, from the Internet, either from free services or from…more

Alimony, Choice-of-Law, Divorce, Marital Assets, Marriage

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Baker's Dozen: Remembrances of RBG

For this issue's Baker's Dozen, we asked our associates, "How has Justice Ginsburg influenced you? What does Justice Ginsburg's legacy mean to you?"…more

Ruth Bader Ginsberg, Supreme Court Justices, Women in the Law

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Coronavirus: Florida Small Business COVID-19 Bridge Loans

On March 17, 2020, on the heels of ordering a month-long shutdown of bars and nightclubs designed to slow the spread of COVID-19, Florida Governor Ron DeSantis announced the activation of the Florida Small Business Emergency…more

Coronavirus/COVID-19, Infectious Diseases, Small Business

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Biden Administration Plans on Resort Fee Crackdown

Resort and amenity fees have long been common practice throughout the hospitality industry, first emerging in the late 1990s. The FTC reports that by 2015, hospitality fees accounted for one-sixth of total revenue in the sector,…more

Biden Administration, Fees, Hidden Fees, Hospitality Industry, Resorts & Restaurants

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Becoming a Better Ally Through Travel

With pandemic-related international travel restrictions beginning to lift for U.S. citizens, and the year-end holiday season fast approaching, you may be planning your next well-deserved getaway. Before you book that…more

Diversity, Diversity and Inclusion Standards (D&I), Heritage & Culture, Travel

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CMS Rolls Out New Plan for State Survey Agencies to Address Skilled Nursing Facility Survey Backlogs

On Friday, November 12, 2021, the Centers for Medicare & Medicaid (CMS) issued QSO-22-02-ALL designed to help State Survey Agencies (SSAs) address the backlog of skilled nursing facility (SNF) annual recertification and…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Long Term Care Facilities, Long-Term Care, Nursing Homes

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Changes to Condominium Insurance Requirements For “Detached” Units

House Bill 98, making changes to condominium insurance requirements, was passed during this year’s legislative session and signed into law by Governor Moore. It amends Section 11-=114 of the Condominium Act concerning the…more

Condominium Associations, Condominiums, Homeowner's Insurance, Insurance Industry, Maryland

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Biden Administration Announces Planned End of Emergency Declarations

This past week, President Biden issued a Statement of Administration Policy announcing an intention to end both the Public Health Emergency (PHE) and the National Emergency declarations on May 11, 2023. While the…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Public Health Emergency

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Two's Company, Three's A Crowd: Three-Way Split Sets Stage for Supreme Court Review of FLSA Collective Actions

On May 19, 2023, the Sixth Circuit Court of Appeals issued a decision creating a three-way split among federal courts on the handling of collective actions filed under the Fair Labor Standards Act (FLSA). In deciding whether and…more

Class Action, Collective Actions, Fair Labor Standards Act (FLSA), Wage and Hour

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Baker's Dozen – "Tips on the Way to the Top"

We asked for tips people would give to their younger selves. 1. The best advice I can share came from my daughter Stella Kate recently. When a particularly difficult case took many unexpected twists and turns, Stella calmly…more

Professional Development, Women in the Law, Young Lawyers

See all updates »

An Update on Courts' Pandemic Practices

As the pandemic unfolded last spring, many federal buildings closed to the public, and judges and their staffs shifted to remote work like many other professionals. Courts quickly turned to virtual hearings and trials, as well…more

Coronavirus/COVID-19, Court Closures, Court Schedules, Judges, Re-Opening Guidelines

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DOJ Cracks Down on Alleged Wage Fixing and No Poach Agreements

On January 28, 2022, the U.S. Department of Justice (DOJ) announced its indictment of four owners or managers of home health care agencies for allegedly violating federal antitrust laws by conspiring to fix the rates paid to…more

Antitrust Conspiracies, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ), Employer Liability Issues

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Keeping Your Social Media Contests Compliant

Let's say that your marketing department plans to launch a product promotion through dedicated software applications (apps), the Internet, and/or social media, primarily accessed by the target audience on hand-held mobile…more

Advertising, CAN-SPAM Act, Contests & Promotions, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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Explaining the Supreme Court's Decision: Why the OSHA ETS was Placed on "Stay"cation

On January 13, 2022, in a per curiam opinion, the Supreme Court granted the application for a stay of Occupational Safety and Health Administration's (OSHA) ability to implement and enforce the "Vaccine or Test" Emergency…more

Coronavirus/COVID-19, OSHA, Stays, Vaccinations, Virus Testing

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Baker's Dozen: How Do You Take a Breath?

For this issue's Baker's Dozen, we asked our attorneys, "What do you do to decompress or 'breathe' during this difficult time?" 1. I do a few things to breathe these days: Spend as much time as possible with my family doing the…more

Coronavirus/COVID-19, Law Firm Associates, Law Practice Management, Women in the Law, Young Lawyers

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Florida Legislature Course-Corrects with Amendments to the FTSA

In 2021, the Florida Legislature took drastic action in amending the Florida Telephone Solicitation Act (FTSA) to make the statute more consumer-friendly after the United States Supreme Court's landmark decision in Facebook v…more

Auto-Dialed Calls, Florida, Robocalling, Solicitation, TCPA

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Congress Approves Resolution to Repeal National Labor Relations Board Joint Employer Regulations

The U.S. Senate, in a 50-48 vote, approved a resolution to repeal the National Labor Relations Board's (NLRB) joint employer rule (the Rule). The U.S. District Court for the Eastern District of Texas invalidated the NLRB's…more

Collective Bargaining, Franchises, Joint Employers, Labor Regulations, NLRB

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Leveling the Peaks and Valleys: Best Practices to Proactively Address Price Fluctuations in Construction Materials

Over the course of the pandemic, contractors and material suppliers have been forced to find creative ways to maintain a competitive business model while accounting for the meteoric rise of building material costs. When upstream…more

Construction Industry, Construction Project, Contractors, Material Suppliers

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The Meaning of "No" – Putting the Italian Referendum in Perspective

Italian voters overwhelmingly rejected a set of constitutional changes that would have streamlined Italy's government and consolidated power in the hands of the Prime Minister's office. The practical impact of the "No" vote on…more

Italy, Prime Minister, Referendums

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2019: What to Expect in Health Care Policy

Health care issues will remain a central focus in Washington throughout 2019. Having gained control of the House following the 2018 mid-term elections, Democrats now have the ability to block President Trump's legislative…more

Affordable Care Act, Block Grants, Centers for Medicare & Medicaid Services (CMS), CMMI, Congressional Oversight

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UPDATED: Defense Production Act is Invoked by President Trump

UPDATED: March 19, 2020: HHS Authorized to Direct Production and Distribution of National Health Supply Chain - After invoking the Defense Production Act for the COVID19 pandemic, President Trump issued an "Executive Order on…more

Coronavirus/COVID-19, Defense Production Act, Emergency Management Plans, Infectious Diseases, Trump Administration

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Baker's Dozen: How Do You Take a Breath?

For this issue's Baker's Dozen, we asked our attorneys, "What do you do to decompress or 'breathe' during this difficult time?" 1. I do a few things to breathe these days: Spend as much time as possible with my family doing the…more

Coronavirus/COVID-19, Law Firm Associates, Law Practice Management, Women in the Law, Young Lawyers

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DOL Increases Civil Penalty Amounts (Again)

Last month, the U.S. Department of Labor announced increases in the civil penalty amounts that may be imposed on employers under several federal employment laws. On January 2, 2018, the DOL rolled out increases to the civil…more

Civil Monetary Penalty, Corporate Counsel, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fair Labor Standards Act (FLSA)

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Fundamentals of CMS Updates to Appendix PP of the State Operations Manual: Administration

F847: Entering into Binding Arbitration Agreements If a facility chooses to ask a resident or their representative to enter into an agreement for binding arbitration, the facility must comply with all of the following…more

Arbitration Agreements, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Facilities, Long Term Care Facilities

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Statute of Limitations Change in Human Trafficking Litigation for Minors

The hospitality industry has seen an uptick in recent litigation related to human trafficking. Thus far, franchisors have been successful in certain trial and appellate courts in arguing that Trafficking Victims Protection…more

Hospitality Industry, Human Trafficking, Minors, Statute of Limitations

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Celebrating 50 Years of Title IX

In 1972, Title IX was created to give women the same opportunities as men when it comes to participating in educational programs and activities. As we marked the 50th anniversary of Title IX in 2022, we chatted with some of our…more

Athletes, Diversity, Leadership, Professional Development, Sports

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Alabama Gaming Legislation Approved by State House of Representatives

The Alabama legislature is prioritizing gaming legislation in its 2024 session, with the Alabama House of Representatives passing the legislation yesterday, February 15. The legislation outlines license allocations, terms and…more

Alabama, Casinos, Economic Development, Gaming, Hospitality Industry

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U.S. Supreme Court Holds Employers' Denial of Religious Accommodation Requests Require Proof of "Substantial Increased Costs"

The Supreme Court released an opinion this morning in Groff v. DeJoy, No. 22-174, slip op., 600 U.S. ____ (2023), that marks a departure from the long-standing "de minimis" test lower courts and the Equal Employment Opportunity…more

Civil Rights Act, Groff v DeJoy, Religious Accommodation, SCOTUS, Title VII

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Permitted (Mis)-Use of the SEC's EDGAR Disclosure Platform

Two new compliance and disclosure interpretations (C&DIs) issued by the SEC permit the voluntary filing of solicitation materials in a Notice of Exempt Solicitation…more

C&DIs, EDGAR, Proxy Solicitations, Securities and Exchange Commission (SEC), Shareholders

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

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Mass (Trial) Appeal: How Incorporating an Appellate Attorney Can Benefit a Trial Team

The importance of watching for and properly preserving issues for appeal cannot be understated. This is especially true in high stakes cases involving significant exposure or those having significant precedential value where an…more

Appeals, Litigation Strategies, Trial Preparation, Trials

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Tried and True: The Legal Career of Trial Attorney Roy Cheatwood

In addition to being an esteemed colleague, mentor, and dear friend, Roy Cheatwood is also an elite member in the highest echelons of the Louisiana trial bar…more

Firm Leadership, Professional Development, Trial Attorneys

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Jumping on the Whistleblower Bandwagon: DOJ Announces Department-Wide Pilot Program to Incentivize Individual Reporting

The Department of Justice's (DOJ) Deputy Attorney General Lisa O. Monaco announced a department-wide whistleblower rewards program on March 7, 2024, that will be designed to supplement existing whistleblower programs, to…more

CFTC, Compliance, Corporate Misconduct, Department of Justice (DOJ), Financial Services Industry

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HIPAA Updates: The Obligations Continue to Unfold

There has been a notable emphasis on proactive enforcement of the privacy and security of protected health information in recent weeks as evidenced by multiple developments regarding compliance with the Health Insurance…more

Audits, Cybersecurity, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), HITECH Act

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Tips for Working With Your Lender in These Uncertain Financial Times

From the C-suite of Fortune 500 companies to the corner mom-and-pop business, everyone is worried about the financial future of their business. After a decade of unprecedented economic growth, our economy has been humbled by a…more

Borrowers, Financial Services Industry, Lenders, Loans

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REMINDER: Your OSHA Form 300A is Due by March 2, 2022

With all of the turmoil surrounding COVID-19 and what rules regulatory agencies can and cannot enforce, don't forget that your Form 300A must be submitted electronically by March 2, 2022. OSHA has highly publicized this March 2…more

Coronavirus/COVID-19, Filing Deadlines, OSHA, Recordkeeping Requirements, Reporting Requirements

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More Than a Pipedream: Texas LNG Export Terminals Reauthorized by Federal Energy Regulatory Commission

On April 21, 2023, the Federal Energy Regulatory Commission (FERC) issued two Orders on Remand, once again giving Texas LNG Brownsville LLC and Rio Grande LNG LLC the green light to proceed with their not-yet-built export…more

Climate Change, Energy Sector, FERC

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Spotlight on South Carolina: After Wayfair, Sales and Use Tax Compliance for E-Commerce in South Carolina

The U.S. Supreme Court's decision in South Dakota v. Wayfair, Inc. et al. has affected a significant change in the sales tax collection and remitting responsibilities of all businesses, large and small, that are selling at…more

E-Commerce, Internet Retailers, Interstate Commerce, Out-of-State Companies, Physical Presence Test

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Fifth Circuit Declares SEC's Quasi-Judicial Process Unconstitutional

On May 18, 2022, the Fifth Circuit issued its opinion in Jarkesy v. SEC, holding that: (1) the Securities and Exchange Commission's (SEC's) in-house adjudication of Petitioners' case violated their Seventh Amendment right to a…more

Adjudicatory Process, Administrative Law Judge (ALJ), Jury Trial, Securities and Exchange Commission (SEC), Seventh Amendment

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Baker's Dozen: How to Create Meaningful Mentorships

We recently asked the Baker Donelson community to share "one tip or piece of advice on how to create meaningful mentorships." 1. I had the good fortune as a senior associate and young shareholder to work closely with John…more

Career Development, Law Firm Associates, Leadership, Mentors, Professional Development

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A Primer for Lending on Governmental Health Care Receivables

While the best asset to have is cash, the next best assets to have are accounts receivable, which are the right to payment for services rendered or goods provided. In the health care industry, receivables are the right to…more

Long-Term Care, Medicaid, Medicare

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DEA and HHS Extend Telemedicine Flexibilities for Controlled Substance Prescriptions Through 2024

On October 6, 2023, the Drug Enforcement Agency (DEA) and the Department of Health and Human Services (HHS) announced they would further extend the COVID-19 flexibilities allowing for telemedicine prescription of controlled…more

Controlled Substances, DEA, Department of Health and Human Services (HHS), Health Care Providers, Prescription Drugs

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2024 Medicare Physician Fee Schedule Final Rule Extends COVID-19 Telehealth Policies and Includes Bonus Extension

The CY 2024 Medicare Physician Fee Schedule Final Rule (Final Rule) implemented several statutory extensions to COVID-19 telehealth waivers and flexibilities, finalized proposed policies, and extended an important telehealth…more

Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Health Care Providers, Hospitals, Medicare

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Spotlight on Alabama: Recent Tax Tribunal Decision Should Be of Interest to Employers Using Remote Workers

A recent Tax Tribunal decision, Mark E. Bollinger v. State of Alabama Department of Revenue, Inc. 22-390-LP, should be of interest to Alabama employers using remote workers. In this case, Mark Bollinger worked for a large bank…more

Alabama, Employees, Remote Working, SALT, Tax Tribunal

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Passage of the Respect for Marriage Act Signals That Same-Sex Marriage Will Remain the Law of the Land

The Respect for Marriage Act (RFMA) was initially introduced this summer in reaction to the Supreme Court's overturn of Roe v. Wade in Dobbs v. Jackson Women's Health Organization. Lawmakers were concerned that same-sex marriage…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), LGBTQ, Marriage, Marriage Equality

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Landmark Ruling: Victory for Powers of Attorney and Health Care Providers

Baker Donelson secured a win before the Tennessee Supreme Court when, on February 16, 2024, the Court issued a ruling supporting health care providers and those who seek to secure health care for a loved one. In Williams v…more

Arbitration Agreements, Durable Power of Attorney, Health Care Providers, Long-Term Care, Wrongful Death

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Baker's Dozen: Best Self-Care Tips

Self-care is not self-indulgence. Self-care is self-respect. In a busy world of work, family, community, charitable, religious, etc. responsibilities, we are pulled in so many directions…more

Best Practices, Professional Development, Women in the Law

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Liability Protection Provisions in the New Republican COVID Relief Package

Throughout the summer, Senate Majority Leader McConnell has emphasized that any additional COVID relief package would include COVID-related liability protections. While negotiations on an additional COVID package between the…more

Coronavirus/COVID-19, Health Care Providers, Hospitals, Liability, Medical Malpractice

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CFPB Cautions That No Surprises Act Violations Can Implicate Fair Lending Laws

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting consumer debts. The Consumer Financial Protection Bureau (CFPB) enforces the FDCPA and…more

Consumer Financial Protection Bureau (CFPB), Credit Reports, Department of Health and Human Services (HHS), Fair Credit Reporting Act (FCRA), Health Care Providers

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Findings of Fraud Fuel $7 Million Verdict Against Long Term Care Provider

A plaintiff in Nashville, Tennessee obtained a jury verdict of nearly $7 million in compensatory and punitive damages in a suit against a long-term care facility and its parent companies. The plaintiff, on behalf of her mother…more

Health Care Providers, Jury Verdicts, Long Term Care Facilities, Negligence, Nursing Homes

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New Tennessee Laws Governing the Use of Restrooms

The Tennessee legislature passed two bills this session relating to the use of restrooms by transgender individuals. Generally referred to as the "bathroom bills," these laws take effect on July 1, 2021. In this alert, we…more

Educational Institutions, Gender Identity, Restroom Legislation, School Restrooms, Transgender

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A Deeper Dive into Telehealth, Graduate Medical Education and Rural Health Care Provisions in the Stimulus Legislation

In addition to the key health care provisions included in the Consolidated Appropriations Act of 2021 (Stimulus Legislation) summarized in Baker Donelson's recent publication, the new legislation includes a few additional…more

Consolidated Appropriations Act (CAA), Graduate Medical Education, Health Care Providers, Hospitals, Medicare

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What Makes for a Successful Mentor/Mentee Relationship?

Mentorship has been an important topic around conversations of success for many years now. When addressing how anyone has reached success professionally, most credit the contributions of their mentors and praise the vital sound…more

Career Development, Leadership, Mentors, Professional Development, Professional Networking

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Direct Result of a Disaster

The Federal Emergency Management Agency (FEMA) provides funding under its Public Assistance (PA) program to eligible applicants (states and territorial governments, tribal governments, local governments and certain private…more

Disaster Aid, FEMA, Natural Disasters, Public Assistance

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HHS: Providers May Be Able to Subsidize Premiums For Uninsured in Marketplace Plans

An announcement October 30 from Health and Human Services Secretary Kathleen Sebelius could remove the first hurdle for providers wishing to offer premium support for individuals eligible for health insurance on the Health…more

Affordable Care Act, Anti-Kickback Statute, Department of Health and Human Services (HHS), Health Insurance, Health Insurance Exchanges

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Landmark Ruling: Victory for Powers of Attorney and Health Care Providers

Baker Donelson secured a win before the Tennessee Supreme Court when, on February 16, 2024, the Court issued a ruling supporting health care providers and those who seek to secure health care for a loved one. In Williams v…more

Arbitration Agreements, Durable Power of Attorney, Health Care Providers, Long-Term Care, Wrongful Death

See all updates »

Supreme Court Invokes Major Questions Doctrine to Curb EPA's Ability to Regulate Carbon Emissions

On June 30, 2022, the Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to…more

Carbon Emissions, Clean Air Act, Climate Change, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG)

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Round One Goes to the Company: Lessons Learned from Amazon's Union Organizing Drive

On Friday, April 9, 2021, workers for Amazon in Alabama voted by an overwhelming majority to remain union-free, thereby preventing Amazon's first union-organized facility in the United States. According to organized labor, this…more

Amazon, NLRB, Union Organizers, Unions

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Partner with Nonprofit Organizations to Offer Pro Bono Services Spanning Multiple Practice Areas

A nonprofit organization is defined as "a group organized for purposes other than generating profit and in which no part of the organization's income is distributed to its members, directors, or officers." (Cornell Law School,…more

Law Practice Management, Nonprofits, Pro Bono

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Maryland's New Whistleblower Retaliation Standard

Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a…more

Anti-Retaliation Provisions, Employees, Health Care Providers, Healthcare Workers, Maryland

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Department of Labor Expands Accessibility to Multi-Employer Retirement Plans

On July 29, 2019, the United States Department of Labor (DOL) issued a Final Rule on Association Retirement Plans (ARPs) (the Final Rule), defining how an employer, association, or professional employer organization (PEO) can…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Multi-Employer Pensions, Retirement Plan

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A Victory for Qualified Immunity. A Trend to Continue?

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions…more

Excessive Force, Fourth Amendment, Law Enforcement, Qualified Immunity, SCOTUS

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Show Your Work: The SEC Cyber Rules and Documenting Materiality Analysis Under NIST FIPS 199

The date July 26, 2023, marks the latest evolution of the cybersecurity regulation landscape as the Securities and Exchange Commission passed cybersecurity regulations for publicly traded companies. At the open meeting, SEC…more

Compliance, Cyber Incident Reporting, Cybersecurity, Cybersecurity Framework, Data Breach

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Beyond the Gavel: Mentors for Life

It's very common for an attorney to clerk for a judge early in their legal career before moving to private practice or an in-house counsel job. However, what is rare are the strong, ongoing relationships attorneys can form with…more

Career Development, Judges, Mentors, Professional Development, Young Lawyers

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Revitalizing and Rebuilding America – Issue 7: Path Forward for the Build Back Better Act

Baker Donelson's Public Policy Group and the Daschle Group are pleased to provide our seventh update on developments regarding infrastructure and appropriations legislation. This is a brief status update on appropriations…more

Economic Development, Infrastructure, Legislative Agendas, NDAA, Public Policy

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Ten Reasonable Accommodations Employers Need to Consider for Pregnant Employees Under the New Pregnancy Workers Fairness Act

1. The ability to sit 2. Breaks to drink water/have a water bottle 3. Closer parking 4. Flexible hours 5. Appropriately sized uniforms 6. Additional break time to sit, rest, and/or use the bathroom..…more

Employee Rights, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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UPDATED: Defense Production Act is Invoked by President Trump

UPDATED: March 19, 2020: HHS Authorized to Direct Production and Distribution of National Health Supply Chain - After invoking the Defense Production Act for the COVID19 pandemic, President Trump issued an "Executive Order on…more

Coronavirus/COVID-19, Defense Production Act, Emergency Management Plans, Infectious Diseases, Trump Administration

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Key Issues for Providers in Part 2 of Surprise Billing Regulations

On September 30, 2021, the Departments of Health and Human Services (HHS), Labor, and Treasury (the Departments), along with the Office of Personnel Management (OPM), released an interim final rule with comment period (IFC) to…more

Department of Health and Human Services (HHS), Dispute Resolution, Health Care Providers, Surprise Medical Bills

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Diversity Begets Diversity: General Counsel Perspectives on DEI Initiatives in Law Firms

Diversity, Equity, and Inclusion (DEI) are continuing concerns in both the business and legal communities. While a successful DEI initiative will undoubtedly benefit a corporation or private law firm, many companies struggle to…more

Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership, Law Practice Management, Professional Development

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Should Your Organization Consider a Sponsorship Program?

Should your organization consider a sponsorship program? Absolutely! An important aspect of an organization's ability to attract and retain engaged and committed employees is how the organization brings out the best in its…more

Diversity, Diversity and Inclusion Standards (D&I), Leadership, Mentor-Protege Program, Mentors

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The U.S. Supreme Court Narrows Federal Agency Regulation of Wetlands

On May 25, 2023, the United States Supreme Court, in the case of Sackett v. Environmental Protection Agency, unanimously ruled that the Clean Water Act's (Act) regulations governing "wetlands" are not as broad and far-reaching…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Baker's Dozen: Women Leaders We Admire

In this issue of the Baker's Dozen we asked the members of our Women's Initiative to tell us a woman leader (public person) they admire and why. There were so many wonderful responses that ranged from scientists to athletes,…more

Leadership, Women in the Law

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Pro Bono Collaboration – Part 2

In our last issue, we highlighted the joint effort of Baker Donelson's Diversity and Inclusion and Pro Bono Committees to support the American Bar Association's Civil Rights Civics Institute (CRCI). This CRCI project gathered…more

American Bar Association (ABA), Diversity, Pro Bono, Students

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2024 Medicare Physician Fee Schedule Final Rule Extends COVID-19 Telehealth Policies and Includes Bonus Extension

The CY 2024 Medicare Physician Fee Schedule Final Rule (Final Rule) implemented several statutory extensions to COVID-19 telehealth waivers and flexibilities, finalized proposed policies, and extended an important telehealth…more

Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Health Care Providers, Hospitals, Medicare

See all updates »

Soothing Range Anxiety: Tips for EV Manufacturers and Sellers

The long-predicted transition from internal combustion-powered vehicles to electric vehicles (EVs) is now truly underway, with manufacturing plans and government incentives aligned to speed that transition along. Although there…more

Automotive Industry, Electric Vehicles, Environmental Protection Agency (EPA), Federal Trade Commission (FTC), Infrastructure

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Young Litigators: Trying Cases Early in Your Career

Baker Donelson Associate Nick Diegel sat down with the Firm's Professional Development Shareholder, Cameron Hill, to discuss his recent trial experience. Nick shares how he prepared for his trial and lessons learned from one of…more

Litigation Strategies, Professional Development, Trial Preparation, Trials, Young Lawyers

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To Be or Not to Be a Micro Entity

When filing a patent application with the United States Patent and Trademark Office (USPTO), certain applicants have the option to designate “small entity status” or “micro entity status.” Claiming either small or micro entity…more

America Invents Act, Micro Entity Status, Patent Applications, Patent Fees, Patents

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Supreme Court Holds That FCA Requires Subjective Intent

Is subjective intent relevant to FCA claims? The Court answered yes, holding that FCA liability turns on what the defendant actually believed, not on what an objectively reasonable person may have believed. On June 1, 2023, in…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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Common Ground: Baker Donelson Associate Rodney Dillard Interviews Of Counsel Vinnie Nelan

When we see someone for the first time, we ask, "What do you do for a living, where are you from, are you married, do you have children?" Based on their responses to those and other, admittedly surface-level questions, we…more

Career Development, Diversity, Professional Development

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Comments on USCIS "EB-5 Questions and Answers (updated Oct. 2023)"

On October 11, 2023, USCIS published on its web site a new Guidance on numerous aspects of the EB-5 program as affected by enactment on March 15, 2022, of the EB-5 Reform and Integrity Act of 2022 (RIA). While the guidance…more

EB-5, Investors, USCIS

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

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Diversity in Citizenship, Immigration Status, and National Origin: How to Navigate Modern Workforce Demographics

As of 2021, about 45 million people living in the U.S. were born in other countries. Though this number has declined since the 2018 peak of 47 million, foreign-born residents have averaged 15 – 16 percent of the U.S. population…more

Department of Justice (DOJ), Diversity, Diversity and Inclusion Standards (D&I), E-Verify, Employment Discrimination

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The Supreme Court Draws the Line on the Foreign Reach of the Lanham Act

On June 29, 2023, the U.S. Supreme Court clarified the geographic limits for U.S. trademark enforcement. Just as with enforcement of registered copyrights and issued patents, the Supreme Court ruled that a trademark owner may…more

Abitron Austria GmbH v Hetronic International Inc, Intellectual Property Protection, International Trademark Protection, Lanham Act, SCOTUS

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CEO Pay Ratio Disclosure: Comparing CEO and Employee Compensation

In August 2015, the Securities and Exchange Commission (the SEC) adopted a final rule implementing Section 953(b) of the Dodd-Frank Act. The final rule requires U.S. public reporting companies to disclose the ratio of their…more

CEOs, Disclosure Requirements, Executive Compensation, Item 402, Pay Ratio

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It's Time to Revise Your Title IX Policy and Procedures: The Biden Administration Rolls Back Trump-Era Title IX Regulations and Expands Protections

Over a year after proposing sweeping changes to the current Title IX regulations and delays on the official release date, the Biden Administration has officially released its revised Title IX regulations for all education…more

Anti-Harassment Policies, Colleges, Educational Institutions, Employees, Final Rules

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"Let's Stay Together" - Managing The Changing Relationships Between Hospitals and Skilled Nursing Facilities

Skilled nursing facilities (SNFs) owned or operated by hospitals (hospital-owned SNFs) have a demonstrated track record of delivering positive outcomes for post-acute care patients. Such success, however, has not been without…more

Critical Access Hospitals, Health Care Providers, Healthcare Facilities, Hospitals, Long Term Care Facilities

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President Biden's AI Executive Order: What Private Sector Organizations Need to Consider

On October 30, 2023, President Biden signed an Executive Order as a part of the administration's continued efforts to regulate the development and use of artificial intelligence (AI)-based technologies. Although many components…more

Algorithms, Artificial Intelligence, Biden Administration, Critical Infrastructure Sectors, Department of Health and Human Services (HHS)

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Autonomous Vehicles (AVs)

Congress is working in a bipartisan and bicameral fashion to build upon last year's stalled legislation (SELF DRIVE Act (H.R.3388) and its companion bill, AV START Act (S.1885))…more

Automation Systems, Automotive Industry, Connected Cars, Driverless Cars, Transportation Industry

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The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an…more

Age Discrimination, Algorithms, Artificial Intelligence, Bias, Employer Liability Issues

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AI at Work: Employers Must Balance the Power and Peril of Big Data in 2023

This is the first in a series of alerts that will address what businesses should consider as they navigate employment laws, data privacy and compliance challenges in deploying artificial intelligence to scale their business…more

Algorithms, Artificial Intelligence, Bias, Big Data, Data Privacy

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The Biden Infrastructure Plan

Released last week, the Biden infrastructure plan contains a few surprises, such as its reliance on corporate and individual tax increases to fund it and the broad scope of "infrastructure". Reaction to the plan has been…more

Biden Administration, Bridges, Construction Industry, Electric Vehicles, Funding

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Baker's Dozen – "Tips on the Way to the Top"

We asked for tips people would give to their younger selves. 1. The best advice I can share came from my daughter Stella Kate recently. When a particularly difficult case took many unexpected twists and turns, Stella calmly…more

Professional Development, Women in the Law, Young Lawyers

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Estate Planning Alert: Take Advantage of 2020 Planning Opportunities Now

If you are a high-net worth individual, 2020 may be the time to take advantage of the opportunity created under a confluence of low applicable federal rates, valuation opportunities, and the temporarily increased Unified Credit…more

Dynasty Trust, Estate Planning, Estate Tax, Family Limited Partnerships, Generation-Skipping Transfer

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Federal Funds for CDFIs and MDIs: Emergency Capital Investment Program (ECIP)

The Consolidated Appropriations Act, 2021 (Act), signed into law on December 27, 2020, provides up to $9 billion to Community Development Financial Institutions (CDFIs) and minority depository institutions (MDIs). The Act…more

Capital Investments, CDFI Fund, Consolidated Appropriations Act (CAA), Federal Funding, Financial Institutions

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Don't Take FEMA Closeout Deobligations Lying Down

As the 2023 Hurricane season continues, the depleting Disaster Relief Fund isn't the only thing that participants in FEMA's programs should be concerned about. The increased focus on the rising costs of disasters and the falling…more

Disaster Relief Fund, Federal Funding, FEMA, Public Assistance

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Was Asbestos Used in Your Drilling Mud Program?

With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via…more

Asbestos, Asbestos Litigation, Chemicals, Hazardous Substances, Oil & Gas

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Leveling the Peaks and Valleys: Best Practices to Proactively Address Price Fluctuations in Construction Materials

Over the course of the pandemic, contractors and material suppliers have been forced to find creative ways to maintain a competitive business model while accounting for the meteoric rise of building material costs. When upstream…more

Construction Industry, Construction Project, Contractors, Material Suppliers

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Baker's Dozen: How to Create Meaningful Mentorships

We recently asked the Baker Donelson community to share "one tip or piece of advice on how to create meaningful mentorships." 1. I had the good fortune as a senior associate and young shareholder to work closely with John…more

Career Development, Law Firm Associates, Leadership, Mentors, Professional Development

See all updates »

Spotlight on Georgia: After Wayfair, Sales and Use Tax Compliance for Georgia E-Commerce

The U.S. Supreme Court's decision in South Dakota v. Wayfair, Inc. et al. represents a significant change in the sales tax collection and remitting responsibilities of all businesses, large and small, selling at retail across…more

E-Commerce, Georgia, Internet Retailers, Interstate Commerce, Out-of-State Companies

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A Victory for Qualified Immunity. A Trend to Continue?

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions…more

Excessive Force, Fourth Amendment, Law Enforcement, Qualified Immunity, SCOTUS

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Force Majeure: Evaluating Contractual Supply-Chain Opportunities from a Transactional and Litigation Perspective

With important developments such as the ongoing COVID-19 pandemic, Russian invasion of Ukraine, and raw material and labor shortages, businesses face a myriad of challenges. Among those challenges are a business's or its…more

Force Majeure Clause, Supply Chain, Supply Contracts

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Funding Opportunity for Community Noise Mitigation Near Military Bases (Deadline: February 1, 2024)

A significant funding opportunity for communities impacted by military aviation noise is available through the Department of Defense (DoD) Office of Local Defense Community Cooperation (OLDCC) which will issue up to $75 million…more

Aircraft, Aviation Industry, Consolidated Appropriations Act (CAA), Department of Defense (DOD), Excessive Noise

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

See all updates »

Fourth Circuit Holds Website "Tester" Has Standing to Sue Under the ADA

Businesses take note: In Laufer v. Naranda Hotels, LLC, No. 20-2384, decided February 15, 2023, the Court of Appeals for the Fourth Circuit decided that a self-professed 'tester' who has filed hundreds of similar lawsuits…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Hospitality Industry, Hotels

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Passage of the Respect for Marriage Act Signals That Same-Sex Marriage Will Remain the Law of the Land

The Respect for Marriage Act (RFMA) was initially introduced this summer in reaction to the Supreme Court's overturn of Roe v. Wade in Dobbs v. Jackson Women's Health Organization. Lawmakers were concerned that same-sex marriage…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), LGBTQ, Marriage, Marriage Equality

See all updates »

Does Your Water Damage Sublimit Really Limit Your Water Damages? It Depends...

On June 29, 2022, Florida's Fourth District Court of Appeal issued a favorable decision for insurers, but on its face, the decision may seem to conflict with Fifth District law…more

Insurance Claims, Insurance Industry, Insurance Litigation, Property Damage, Water Damage

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Why Take a Deed in Lieu of Foreclosure? Why Not?

So you're headed for receivership and foreclosure, when the borrower rep or your counsel asks, "What about a deed in lieu?" "I don't know," you think. "Getting a receiver appointed and foreclosing is what I'm most familiar…more

Deed of Trust, Foreclosure, Mortgages

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SCOTUS Narrows Computer Fraud and Abuse Act

On June 3, 2021, the U.S. Supreme Court issued its decision in Van Buren v. United States and narrowed the Computer Fraud and Abuse Act of 1986 (CFAA), which subjects to criminal liability anyone who "intentionally accesses a…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Florida Update – No Standing, No Fees is Dead: Borrowers Can Recover Fees When They Prevail on a Standing Defense

In an opinion issued on December 31, 2020, the Florida Supreme Court resolved a certified conflict between several of the Florida appellate courts as to whether borrowers who prevail on an argument that the lender lacked…more

Banking Sector, Borrowers, Fees, FL Supreme Court, Florida

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The EEOC is Actively Targeting the Construction Industry

Risks and potential liabilities in the construction industry are not new. Construction participants know the typical hot spots: Projects are delayed. Supply chain issues raise materials costs. Owners and general contractors…more

Construction Industry, Discrimination, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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"Let's Stay Together" - Managing The Changing Relationships Between Hospitals and Skilled Nursing Facilities

Skilled nursing facilities (SNFs) owned or operated by hospitals (hospital-owned SNFs) have a demonstrated track record of delivering positive outcomes for post-acute care patients. Such success, however, has not been without…more

Critical Access Hospitals, Health Care Providers, Healthcare Facilities, Hospitals, Long Term Care Facilities

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"Crackdown": Proposed Nursing Home Minimum Staffing Rule to Cost the Industry $4.23 Billion and Would Directly Impact For-Profit Facilities

According to President Biden's recently published column, the Administration's proposed rule, published on September 6, 2023, mandating that nursing homes begin to staff facilities so that registered nurses (RNs) and nurse aides…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Healthcare Workers

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What to Do When Your Borrower/Operator is in Financial Distress

It is no surprise to lenders to operators of long term care facilities that such facilities have faced what may seem an insurmountable obstacle as we transition into our second full year of a pandemic. Long term care operators…more

Borrowers, Financial Distress, Lenders, Long Term Care Facilities

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Tax Refund Process and Related Points Resulting from Constitutional Issue with Franchise Tax

A compromise version of House Bill 1893/Senate Bill 2103 was passed by both Legislative Chambers on April 25, 2024 (the Bill). Subject to Governor Lee signing the Bill into law (which is expected to occur), the following is our…more

Amended Tax Returns, Franchise Taxes, SALT, State Legislatures, Tax Credits

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SOFR: The Secured Overnight Financing Rate

Changes are coming for the interest rate benchmark lenders use to finance long term care facilities. The long-standard benchmark, the London Interbank Offered Rate (LIBOR), is being replaced by the Secured Overnight Financing…more

Benchmarks, Financial Stability Board, Interest Rates, Libor, Secured Overnight Funding Rate (SOFR)

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Recent Louisiana Case Reminds of the Need for Careful Contract Drafting to Avoid Conflicts

On June 29, 2023, the United States District Court for the Western District of Louisiana issued a Memorandum Ruling in Arcadis U.S., Inc. v. Stryker Demolition & Environmental Services, LLC, 2023 WL 4280924 (W.D. La. 6/29/23)…more

Construction Industry, Contract Terms, Subcontractors

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The End of Non-Competition Agreements? Not so Fast!

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")…more

Competition, Confidential Information, Employees, Employer Liability Issues, Employment Contract

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[Webinar] Fraud and Commercial Loan Transactions: From Suspicion to Investigation - April 17th, 10:00 am - 11:00 am CT

Join Baker Donelson for an insightful panel discussion focusing on implementing best practices when suspicions of fraud arise after the closing of a commercial loan transaction. Our panelists will evaluate several common…more

Best Practices, Commercial Loans, Continuing Legal Education, Financial Services Industry, Fraud

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Low-Income Community and Energy Community Bonus Tax Credits for Clean Energy Projects

The following is an overview of guidance regarding the Inflation Reduction Act's (IRA) Low-Income Communities Bonus Credit Allocation Program (LIC Bonus) and the Energy Community Tax Credit Bonus…more

Clean Energy, Energy Projects, Energy Sector, Investment Tax Credits, Tax Credits

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Tales from the Dark Side: Insights from a Former Plaintiff's Attorney

Results matter. A simple mantra, but true for all clients, whether plaintiff or defendant. In litigation, early decisions have late-game consequences, and different strategies should be employed to achieve the best possible…more

Litigation Strategies, Trial Preparation

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Varsity Brands Earns Hard-Fought Win in Supreme Court Ruling Designs on Cheerleading Uniforms Are Copyrightable

The United States Supreme Court, in the case Star Athletica, LLC v. Varsity Brands, Inc., et al., Case No. 15-866, ruled in a 6-2 opinion that two-dimensional designs incorporated onto three-dimensional useful articles (here,…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, SCOTUS

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Alabama Design Professionals: New Law Could Affect Your Contract Provisions for Liability

Alabama SB261, which went into effect on July 1, 2021, affects design professionals in Alabama in many ways. Understanding how the new law can affect you and your business, and updating any existing contracts or policies to…more

Alabama, Construction Industry, Design Professionals, Liability

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Another Day, Another Dollar but Still No Salary: Supreme Court Draws Bright Line

In a 6 – 3 decision on February 22, 2023, the U.S. Supreme Court held that an offshore rig employee paid a "day rate" but earning more than $200,000 annually is entitled to overtime…more

Employees, Fair Labor Standards Act (FLSA), Over-Time, SCOTUS, Wage and Hour

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The End of Non-Competition Agreements? Not so Fast!

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")…more

Competition, Confidential Information, Employees, Employer Liability Issues, Employment Contract

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COVID-19 Vaccinations: Will K-12 Students Be Mandated to Take Them?

Throughout the COVID-19 pandemic, schools across the country have been striving to strike the proper balance between providing students quality instruction while keeping their students, faculty and staff healthy and safe. Many…more

Coronavirus/COVID-19, Educational Institutions, Exemptions, Students, Vaccinations

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Employers and Health Care Providers Take Note: Recent Announcements Forecast Increased Government Enforcement of Discrimination Laws Regarding Gender Identity and Sexual Orientation

The law regarding discrimination on the basis of "sex" continues to evolve rapidly. Perhaps sparked by last year's landmark discrimination ruling in the Bostock case and by President Biden's day-one Executive Order on Preventing…more

Discrimination, Equal Employment Opportunity Commission (EEOC), Gender Discrimination, Gender Identity, Health Care Providers

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U.S. Supreme Court Sides with SOX Whistleblower in Murray v. UBS Securities

On February 8, 2024, the U.S. Supreme Court unanimously decided that an employee who blows the whistle under the Sarbanes-Oxley Act of 2002 (SOX) does not need to show that their employer had retaliatory intent to find…more

Employees, Intent, Murray v UBS Securities LLC, Popular, Protected Activity

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

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OIG Okays Assistance Arrangement Offered to Drug Patients in Advisory Opinion 20-02

In Advisory Opinion 20-02, the Office of Inspector General (OIG) approved certain lodging and travel assistance offered by a pharmaceutical manufacturer to patients being administered a drug manufactured by the pharmaceutical…more

Advisory Opinions, Anti-Kickback Statute, Beneficiary Inducement, Black Box Warnings, Civil Monetary Penalty

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CFPB Announces Preliminary TILA Preemption Determination Two Days Before California's Commercial Disclosure Laws Go Live

On December 7, 2022, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Intent to Make Preemption Determination under the Truth in Lending Act (TILA) specifically regarding whether TILA preempts the New York…more

Commercial Leases, Commercial Loans, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Financial Services Industry

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A Victory for Qualified Immunity. A Trend to Continue?

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions…more

Excessive Force, Fourth Amendment, Law Enforcement, Qualified Immunity, SCOTUS

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Department of the Treasury and IRS Issue Proposed Regulations for Advanced Manufacturing Production Credits

Internal Revenue Code (IRC) Section 45X: The Inflation Reduction Act of 2022 (IRA) established several incentives targeted at encouraging domestic investment in clean energy. Among those incentives was the Advanced Manufacturing…more

Energy Tax Incentives, Inflation Reduction Act (IRA), IRS, Manufacturers, Tax Credits

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Celebrating 50 Years of Title IX

In 1972, Title IX was created to give women the same opportunities as men when it comes to participating in educational programs and activities. As we marked the 50th anniversary of Title IX in 2022, we chatted with some of our…more

Athletes, Diversity, Leadership, Professional Development, Sports

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ESG Policies for REITs: Understand the Metrics and Improve Your Rating

Investors are becoming increasingly mindful of the Environmental, Social, and Governance (ESG) policies of public and private companies. ESG is the term used by investors in evaluating whether a company meets certain standards…more

Corporate Governance, Environmental Social & Governance (ESG), Glass Lewis, Institutional Investors, Investors

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Tax-Exempt Private Schools Treated Equally to Federally Funded Schools, Subject to Title IX Requirements

At least one federal court – the U.S. District Court for the District of Maryland – has found that a federal tax exemption qualifies as federal financial assistance under Title IX, rendering it subject to the requirements of…more

Educational Institutions, Maryland, Private Schools, Tax Exemptions, Title IX

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AI in the Classroom – New Guidance From the Department of Education

The U.S. Department of Education, Office of Educational Technology has published new guidance for educational institutions and policymakers as they consider the role of AI-based tools in education. This guidance is an important…more

Artificial Intelligence, Data Privacy, Department of Education, Educational Institutions, Risk Management

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Fighting the Good Fight (and Loving It): Highlights from the Distinguished Trial Career of Charles K. Grant

Baker Donelson Shareholder and former board member Charles K. Grant is a seasoned, successful trial attorney as well as an involved and committed member of the bar. In 2014, he became the first African American president of the…more

Trial Practice Guidance, Trial Preparation, Trials, Young Lawyers

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Common Ground

For this issue's "Common Ground" column, Nashville Labor & Employment associate Denmark J. Grant spoke with Eric L. Pruitt, a Financial Services shareholder in the Birmingham office, about how he finds common ground with his…more

Career Development, Client Services, Diversity, Professional Development

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Baker's Dozen: How to Create Meaningful Mentorships

We recently asked the Baker Donelson community to share "one tip or piece of advice on how to create meaningful mentorships." 1. I had the good fortune as a senior associate and young shareholder to work closely with John…more

Career Development, Law Firm Associates, Leadership, Mentors, Professional Development

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EPA Issues New Proposed PFA Drinking Water Regulations

In a highly anticipated move, the Environmental Protection Agency (EPA) just announced proposed regulations under the Safe Drinking Water Act (SDWA) setting express limits on the amounts of Per- and Polyfluoroalkyl substances…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), PFAS, Safe Drinking Water Act

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In Reversing Hunstein, the Eleventh Circuit Stands Firm on Standing, But Other Questions Remain

On September 8, 2022, following an en banc review, the Eleventh Circuit issued its much-awaited new decision in the Hunstein v. Preferred Collection and Management Services action, which involves a claimed violation of the…more

Corporate Counsel, Debt Collection, Dismissals, FDCPA, Financial Services Industry

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Federal Court Affirms Ebola Case: What Does it Mean for Projects Impacted by COVID-19?

Approximately one month after the coronavirus was declared a global pandemic, the United States Civilian Board of Contract Appeals (Board) issued an opinion denying a contractor's claim for additional compensation due to…more

Business Disruption, Construction Contracts, Construction Industry, Construction Project, Contractors

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Department of Labor's Newly Proposed Joint Employer Rule Short on Details at the Moment, But Not Short on Potential Impact on Businesses and Franchisors

In a surprisingly fast move for the new Biden administration, the Department of Labor (DOL) sent a proposed rule to the White House on Wednesday, February 24 that may drastically change the joint employer analysis. The…more

Biden Administration, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Joint Employers

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OMB Soon To Release Updates To Uniform Grant Regulations

The Office of Management and Budget (OMB) held a webinar on April 4, 2024, which was followed by a White House announcement of the impending launch of revised regulations at Title 2 of the U.S. Code of Federal Regulations (2…more

Code of Federal Regulations (CFR), Disaster Aid, Federal Funding, Government Agencies, Grants

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Short-Term Rentals and Long-Term Considerations: Examining Short-Term Rental Liability During the Opioid Crisis

Many may have recently seen sensational headlines like "Family of toddler sues Airbnb after child dies from fentanyl" and "Baby killed by fentanyl exposure in Florida Airbnb," and were left questioning whether such a lawsuit…more

Hospitality Industry, Liability, Property Managers

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CMS Revises Medicare Shared Savings Program's Performance Benchmarking Methodology to Encourage Continued Participation by Current Accountable Care Organizations

On November 1, 2022, the Centers for Medicare & Medicaid Services (CMS) issued the Calendar Year 2023 Physician Fee Schedule (PFS) Final Rule, which includes changes to the Medicare Shared Savings Program (MSSP), the nation's…more

ACOs, Benchmarks, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Physician Fee Schedule

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Baker's Dozen: How to Create Meaningful Mentorships

We recently asked the Baker Donelson community to share "one tip or piece of advice on how to create meaningful mentorships." 1. I had the good fortune as a senior associate and young shareholder to work closely with John…more

Career Development, Law Firm Associates, Leadership, Mentors, Professional Development

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Say-On-Pay Considerations for Compensation Committees

Now that most public companies have held their 2016 annual meetings, and stockholders have voiced their opinions regarding executive compensation, it is more important now than ever for companies and their compensation…more

Compensation Committee, Dodd-Frank, Executive Compensation, Regulation S-K, Say-on-Pay

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Funding Opportunity for Community Noise Mitigation Near Military Bases (Deadline: February 1, 2024)

A significant funding opportunity for communities impacted by military aviation noise is available through the Department of Defense (DoD) Office of Local Defense Community Cooperation (OLDCC) which will issue up to $75 million…more

Aircraft, Aviation Industry, Consolidated Appropriations Act (CAA), Department of Defense (DOD), Excessive Noise

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Bottled in Bone: Court Sides with Jack Daniel's in Dog Toy Dispute – Trademark Fair Use is Limited

On June 8, 2023, the United States Supreme Court unanimously ruled in favor of liquor distiller Jack Daniel's in its dispute over a dog toy designed to emulate the recognized whiskey bottle. Through this ruling, the Court…more

Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion, Parody

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Two Perspectives on the Leadership Council on Legal Diversity

1. Expanding Networks Through the Fellows Program -The Leadership Council on Legal Diversity (LCLD) consists of over 300 corporate chief legal officers and law firm managing partners who strive "to build a diverse and more open…more

Diversity, Law Students, Professional Networking

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Delaware Invalidates a Selling Stockholder's Non-Compete Covenant: What the Kodiak Building Partners, LLC v. Philip D. Adams Decision Means for Your Business

In drafting restrictive covenants, acquiring companies should be aware that courts may not necessarily uphold, or even "blue pencil" (revise overbroad restrictive covenants), restrictive covenants imposed on sellers in an…more

Acquisitions, Buying a Business, Restrictive Covenants, Sellers, Selling a Business

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Spotlight on Georgia: After Wayfair, Sales and Use Tax Compliance for Georgia E-Commerce

The U.S. Supreme Court's decision in South Dakota v. Wayfair, Inc. et al. represents a significant change in the sales tax collection and remitting responsibilities of all businesses, large and small, selling at retail across…more

E-Commerce, Georgia, Internet Retailers, Interstate Commerce, Out-of-State Companies

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Supreme Court Strikes Down College Affirmative Action Programs

On June 29, 2023, the United States Supreme Court issued a historic decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North…more

Affirmative Action, College Admissions, Colleges, Diversity, Educational Institutions

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Federal Agencies Announce Enforcement of Vaccine Rules As Supreme Court Prepares to Hear Arguments in Legal Challenges

Recent announcements by the Occupational Safety and Health Agency (OSHA) and the Centers for Medicare and Medicaid (CMS) provide some clarity on next steps for the enforcement of the existing federal vaccine and testing…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Government Agencies, Healthcare Facilities

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

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Vents de Carême – Offshore Wind Opportunities in the Gulf of Mexico

Vents de Carême – Cajun French term for "strong spring winds, 'March winds'" (Dictionary of Louisiana French: As Spoken in Cajun, Creole and American Indian Communities (Univ. of Miss. Press, 2010, p. 646); literally translated,…more

Biden Administration, BOEM, Energy Sector, Gulf of Mexico, Offshore Wind

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[Webinar] The Corporate Transparency Act: An Introduction - December 18th, 1:00 pm - 2:00 pm CT

This webinar will provide an overview of the Corporate Transparency Act (CTA), which goes into effect on January 1, 2024 and will impact millions of businesses, both domestic and foreign. The webinar will cover the CTA's key…more

Beneficial Owner, Corporate Transparency Act, Exemptions, Filing Deadlines, FinCEN

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Transparency in Coverage Rules

Seeking to improve transparency in the cost of health services, federal actions in the past few years have led to new federal rules and regulations for health systems, benefit administrators, and health plan sponsors. The most…more

Benefit Plan Sponsors, Disclosure Requirements, Employee Benefits, Employer Group Health Plans, Transparency

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Coronavirus: Impact on Office, Retail and Industrial Leases

The intensity with which the COVID-19 outbreak and the response to it has escalated continues to impact both landlords and tenants under commercial leases. It is safe to say that landlords and tenants will be viewing certain…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Tax Refund Process and Related Points Resulting from Constitutional Issue with Franchise Tax

A compromise version of House Bill 1893/Senate Bill 2103 was passed by both Legislative Chambers on April 25, 2024 (the Bill). Subject to Governor Lee signing the Bill into law (which is expected to occur), the following is our…more

Amended Tax Returns, Franchise Taxes, SALT, State Legislatures, Tax Credits

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CARES Act Paycheck Protection Program Applications Now Available: Guidance for Lenders and Borrowers

On April 2, the Small Business Administration (SBA) issued an Interim Final Rule (the Rule) implementing the Paycheck Protection Program (PPP) created under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The…more

Banks, CARES Act, Coronavirus/COVID-19, Financial Stimulus, Lenders

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A Focus on Public Water Systems: The Much-Anticipated Regulation of PFAS in Drinking Water Has Begun

In 2021, the U.S. Environmental Protection Agency (EPA) introduced the "PFAS Strategic Roadmap," which established a "whole agency" approach to addressing per- and polyfluoroalkyl substances (PFAS). As part of its strategy, on…more

Compliance Monitoring, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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SEC Enforcement Developments: Fessing Up and Paying Up

As the SEC has recently completed its fiscal year on September 30, 2021, where it pushed its enforcement initiatives under new Chairman Gary Gensler, a brief overview of its recent track record is in order. No one can now doubt…more

Corporate Counsel, Disclosure, Enforcement Actions, Investigations, Securities and Exchange Commission (SEC)

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Cautionary Tales Provide Lessons From Lack of Bankruptcy Planning

How many times have we heard in recent months that there will soon be a tsunami of bankruptcy filings in the long term care industry? Many commentators have noted that, despite the easing of the pandemic, the industry continues…more

363 Sales, Chapter 11, Commercial Bankruptcy, Liquidation, Long Term Care Facilities

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Employers Should Stop and Take Heed of Misclassifying Workers in 2024 under New DOL Rule

The Department of Labor (DOL) has paid increasing attention to worker classification under the Biden Administration, causing uncertainty and unease among businesses using independent contractors. As of January 9, 2024, the DOL…more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors, Misclassification

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Employers Should Stop and Take Heed of Misclassifying Workers in 2024 under New DOL Rule

The Department of Labor (DOL) has paid increasing attention to worker classification under the Biden Administration, causing uncertainty and unease among businesses using independent contractors. As of January 9, 2024, the DOL…more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors, Misclassification

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ALERT: Supreme Court Rejects Seamen’s Claims for Punitive Damages Under General Maritime Law, Resolving Fifth and Ninth Circuit Split

The Supreme Court of the United States, on writ of certiorari in Dutra Group v. Christopher Batterton, 588 U.S. ___ (2019), has resolved a circuit split between the Fifth and Ninth Circuits regarding whether a seaman can recover…more

Appeals, Bodily Injury, Employer Liability Issues, Punitive Damages, Reversal

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Preparing for Trial: Five Tips for New Litigators

You've completed discovery and motions practice and are now preparing a case for trial, where being prepared is often the key to success. As a new litigator, what should you keep in mind when preparing a case for trial?…more

Litigation Strategies, Trial Preparation, Trials, Young Lawyers

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The Joint Commission Establishes Certification to Reflect Hospitals' Dedication to Equitable Care

Effective July 1, 2023, The Joint Commission (TJC) is accepting applications from eligible hospitals and hospital systems for its Health Care Equity (HCE) Certification program. By way of background, TJC generally accredits…more

Health Care Providers, Healthcare Facilities, Hospitals, Patient Safety

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Chambers of Commerce and Trade Associations Become Eligible for PPP Loans, With Certain Conditions

COVID-19 has, without question, tragically impacted our health as well as irrevocably altered much of our way of life. Federal assistance in the form of the Coronavirus Aid Relief, and Economic Security Act (CARES Act), signed…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Eligibility, Lobbying

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Don't Take FEMA Closeout Deobligations Lying Down

As the 2023 Hurricane season continues, the depleting Disaster Relief Fund isn't the only thing that participants in FEMA's programs should be concerned about. The increased focus on the rising costs of disasters and the falling…more

Disaster Relief Fund, Federal Funding, FEMA, Public Assistance

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Received an Email Link to Important Documents Via EEOC Portal? You Better Open It.

Did you know that the average person receives more than 100 emails per day? Or that the average working professional sends more than 40 emails per day?…more

Deadlines, Discrimination, Email, Employees, Employment Discrimination

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OSHA Joins the EEOC in Taking a Close Look at the Construction Industry

Consistent with the Equal Employment Opportunity Commission's (EEOC) Strategic Enforcement Plan (SEP) published in January 2023, noting an increased focus on the construction industry as it relates to harassment and…more

Construction Industry, Equal Employment Opportunity Commission (EEOC), OSHA, Wage and Hour, Workplace Safety

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Initiative to Modernize National Organ Transplant System

On March 22, 2023, the Health Resources and Services Administration (HRSA), an agency of the U.S. Department of Health and Human Services, launched the Organ Procurement and Transplantation Network Modernization Initiative (the…more

Health Care Providers, HRSA, Information Technology, Organ Donation, Organ Transplant Centers

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Significant Changes to Georgia Lien Law on January 1: Are You Prepared?

Important changes to the Georgia law on waivers for mechanic's lien and payment bond claims (lien waivers) are effective January 1, 2021. Under current Georgia law, lien waivers are "conditional," meaning they do not waive lien…more

Construction Industry, Liens, Mechanics Lien, Waivers

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Regulatory Sprint: Understanding the Impact on the Stark Law, Anti-kickback Statute, and Value-based Arrangements

The Department of Health and Human Services has released extensive and significant revised final rules governing the Physician Self-Referral Law (the Stark law) and the Medicare Anti-Kickback Statute (AKS) in furtherance of its…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Patients

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Congress Approves Resolution to Repeal National Labor Relations Board Joint Employer Regulations

The U.S. Senate, in a 50-48 vote, approved a resolution to repeal the National Labor Relations Board's (NLRB) joint employer rule (the Rule). The U.S. District Court for the Eastern District of Texas invalidated the NLRB's…more

Collective Bargaining, Franchises, Joint Employers, Labor Regulations, NLRB

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Countdown Begins for Compliance with New York's Commercial Finance Disclosure Law as New York Issues Final Rule

The New York State Department of Financial Services issued its final rule on February 1, 2023, implementing the state's new Commercial Finance Disclosure Law. Commercial financing providers that are subject to the law have a…more

Banking Sector, Borrowers, Disclosure Requirements, Financial Institutions, Financial Services Industry

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Employers Take Notice: OSHA and NLRB Join Forces for Workplace Safety Investigations

On Tuesday, October 31, 2023, the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB) published a Memorandum of Understanding (2023 MOU) to facilitate interagency cooperation and…more

Employees, Employer Liability Issues, Employer Responsibilities, Investigations, NLRA

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CARES Act Expands the Small Business Reorganization Act – Lenders Beware

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) expands a new law that streamlines the Chapter 11 bankruptcy process for small businesses to include a larger group of small businesses. The Small Business…more

Bankrtupcy Confirmation Plans, Bankruptcy Code, Banks, CARES Act, Chapter 11

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Making a List, and Checking it Twice: The Importance of Accurate and Complete Employee Evaluations

For many companies, year-end and/or shortly after the new year is a time set aside on the corporate calendar for annual evaluations. Employee evaluations should not only put employees on notice of performance problems and…more

Discrimination, Employee Evaluations, Employees, Performance Reviews

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Vaccine Mandates: What Employers Need to Know

Governments and private employers continue to grapple with how to achieve a safe workplace for their employees in light of COVID-19 and the Delta variant. Due to recent and ongoing changes in the legal landscape, the trend…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation

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Overview of President-Elect Biden's Policies

Below is a broad overview of policies for which President-Elect Biden has indicated support (PDF). It is important to note that, while some of these policies fall under the President's executive power, many will require support…more

Affordable Care Act, Biden Administration, Child Tax Credit, Clean Energy, Colleges

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When is a Receivership Sale of Real Estate a Reasonable Alternative to Foreclosure?

Foreclosure is usually the remedy of choice used by secured creditors to monetize their real estate collateral; however, there are situations where a sale of real estate through receivership could be an attractive alternative to…more

Creditors, Foreclosure, Real Estate Market

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Tennessee's Rule Shift for Private Fund Advisers' Registration

Effective December 25, 2023, Tennessee Rule 0780-4-3-.05 was amended to include a new exemption to registration requirements for investment advisers under Tenn. Code. Ann. § 48-1-109 (the Amended Rule). In the past, advisers to…more

Beneficial Owner, Fund Managers, Investment Adviser, Investment Management, Private Funds

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Tennessee's Rule Shift for Private Fund Advisers' Registration

Effective December 25, 2023, Tennessee Rule 0780-4-3-.05 was amended to include a new exemption to registration requirements for investment advisers under Tenn. Code. Ann. § 48-1-109 (the Amended Rule). In the past, advisers to…more

Beneficial Owner, Fund Managers, Investment Adviser, Investment Management, Private Funds

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Meaningful Tort Reform on Florida Horizon

Florida citizens and visitors alike have been inundated with increasingly sophisticated television ad campaigns and endless and often crass billboards on our roadways touting the sweepstakes that has characterized personal…more

Florida, Mass Tort Litigation, Tort Reform

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IRS Announces Increased Audits on Corporate Jet Usage

The U.S. Internal Revenue Service (IRS) issued a press release on February 21, 2024, announcing its plans to initiate a campaign conducting "dozens of audits" of large corporations and high-income taxpayers, focusing on their…more

Aircraft, Audits, Business Travel, Corporate Taxes, Inflation Reduction Act (IRA)

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Bottled in Bone: Court Sides with Jack Daniel's in Dog Toy Dispute – Trademark Fair Use is Limited

On June 8, 2023, the United States Supreme Court unanimously ruled in favor of liquor distiller Jack Daniel's in its dispute over a dog toy designed to emulate the recognized whiskey bottle. Through this ruling, the Court…more

Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion, Parody

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The End of Non-Competition Agreements? Not so Fast!

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")…more

Competition, Confidential Information, Employees, Employer Liability Issues, Employment Contract

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An Interview with Donna D. Fraiche: A Trailblazer, Titan, and Tactician

What inspired you to become a lawyer? I am a product of the baby boomer generation. My father returned from World War II and married my mom. While my upbringing and my family life certainly did not influence me to embark on a…more

Career Development, Professional Development, Women in the Law, Young Lawyers

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Five Critical Considerations for Hospitality Businesses Implementing EV Infrastructure

Electric Vehicles (EVs) are swiftly moving from a niche market into the mainstream. As this transition occurs, savvy hotels and restaurants are taking advantage of the relatively benign regulations and adding EV charging…more

Charging Stations, Electric Vehicles, Hospitality Industry, Hotels, Infrastructure

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Corporate Transparency Act Requires Beneficial Ownership Reports

On January 1, 2021, Congress enacted the National Defense Authorization Act of 2021. As part of this legislation, Congress set out new Beneficial Ownership Information Reporting Requirements (BOI Reporting Requirements) for…more

Anti-Money Laundering, Anti-Terrorism Financing, Beneficial Owner, Compliance, Corporate Transparency Act

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How Will the Coronavirus Pandemic Impact Litigation and Dispute Resolution in the Future?

The practice of law certainly has changed significantly since ancient Greek and Roman times, when unregulated groups of "advocates" presented cases on behalf of ordinary citizens. In the 21st century, technology has been at the…more

Coronavirus/COVID-19, Litigation Strategies, Remote Hearings, Trials

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Department of State Pilot Program Allowing Stateside Renewal of Certain H-1B Visas Begins January 29, 2024

The Department of State (DOS or the Department) has announced a pilot program to resume domestic visa renewal for certain H-1B visa holders. Although the pilot program is limited to the renewal of certain H-1B visas issued by…more

Federal Pilot Programs, Foreign Workers, H-1B, Immigration Procedures, Renewal Options

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Understanding FDA Terminology in the COVID-19 Pandemic

Over the last several weeks it has become apparent that there is a great deal of confusion about FDA regulated products including drugs, diagnostics, medical devices (including personal protective equipment) and prevention…more

Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Labeling

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Navigating the Maze: Who's Exempt from the Corporate Transparency Act?

On January 1, 2021, Congress enacted the National Defense Authorization Act of 2021. By only reading the title of the Act, one might not realize the significance of its impact upon the corporate world as we all know it. However,…more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, FinCEN

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Florida's New Sixth District Court of Appeal: What It Means for Judges and Attorneys in the State of Florida

On June 2, 2022, Florida Governor Ron DeSantis signed HB 7027, creating Chapter 2022-163, Laws of Florida, which established the Sixth District Court of Appeal (DCA) – Florida's first new appellate court since the creation of…more

Appellate Courts, Florida, Governor DeSantis, State and Local Government

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Workplace Discrimination Lawsuits: Juries Won't Blame AI, They'll Blame You

Workplace discrimination claims remain one of the most significant areas of legal exposure for employers, from hiring to firing and everything in between. An employer's reliance on artificial intelligence (AI), especially in the…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Discrimination, Hiring & Firing, Title VII

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Kirschner Underscores the Importance of Perfecting Security Interests

Commercial lenders can breathe a collective sigh of relief with the recent opinion from the United States Court of Appeals for the Second Circuit. In Kirschner v. JP Morgan Chase Bank, N.A., the court affirmed a lower court's…more

Commercial Loans, Financial Services Industry, Syndicated Loans

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Alabama Gaming Legislation Approved by State House of Representatives

The Alabama legislature is prioritizing gaming legislation in its 2024 session, with the Alabama House of Representatives passing the legislation yesterday, February 15. The legislation outlines license allocations, terms and…more

Alabama, Casinos, Economic Development, Gaming, Hospitality Industry

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Recent $345 Million Settlement Underscores Critical Importance of Appropriate Physician Compensation

In a settlement larger than Halifax and Tuomey combined, an Indianapolis-based health system recently settled with the Department of Justice for $345 million to resolve Stark Law and False Claims Act allegations relating to its…more

Anti-Kickback Statute, Compensation, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers

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Baker's Dozen: How Do You Take a Breath?

For this issue's Baker's Dozen, we asked our attorneys, "What do you do to decompress or 'breathe' during this difficult time?" 1. I do a few things to breathe these days: Spend as much time as possible with my family doing the…more

Coronavirus/COVID-19, Law Firm Associates, Law Practice Management, Women in the Law, Young Lawyers

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Department of Justice Announces Criminal Prosecution Protection for Voluntary Self-Disclosures Related to Mergers & Acquisitions

The Department of Justice continues to incentivize companies to engage in conduct that proactively demonstrates a commitment to operate in compliance with applicable laws and regulations. Building on the implementation of…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements, Voluntary Disclosure

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Sixth Circuit Joins Eighth Circuit and Widens Circuit Split by Requiring "But-For" Causation in Some Anti-Kickback Cases

In a much-welcomed step by the defense bar, on March 28, 2023, the United States Court of Appeals for the Sixth Circuit became the second federal appellate court to hold that "resulting from" under the 2010 amendment to the…more

Anti-Kickback Statute, Enforcement, Reimbursements, Whistleblowers

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What Employers Should Know About the EEOC's Proposed PWFA Regulations

On August 7, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released its highly anticipated Notice of Proposed Rulemaking (NPRM) related to its proposal for the implementation of the Pregnant Workers Fairness Act…more

Americans with Disabilities Act (ADA), Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), NPRM, Pregnancy

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FAQ: The SEC's Proposed Rule on the Enhancement and Standardization of Climate Related-Disclosures

On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) released its much-anticipated proposed rule titled "The Enhancement and Standardization of Climate-Related Disclosures for Investors." The proposed enhanced…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Civil Rules Committee Decides Companies Must Have Right to Choose 30(b)(6) Designees

Last year, the Rule 30(b)(6) Subcommittee of the Civil Rules Advisory Committee began considering a proposed change to Federal Rules of Civil Procedure 30(b)(6)…more

Depositions, FRCP 30(b)(6), Proposed Amendments

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Providers Take Note: The Common Agreement Version 2.0 Released

The Office of the National Coordinator for Health Information Technology (ONC) released the anticipated Common Agreement Version 2.0 on April 22, 2024. Since 2016, the ONC has been working to implement the requirements of the…more

21st Century Cures Act, Department of Health and Human Services (HHS), Electronic Medical Records, Electronic Protected Health Information (ePHI), Health Care Providers

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Alabama Legislative Update – Sine Die – The 2014 Legislative Session Ends

The Alabama Legislature adjourned sine die on Thursday, April 3, 2014 at 7:30 p.m. In previous years, sessions have ended just minutes before midnight on the 30th legislative day. This year was different. As soon as both…more

Ethics, Fraud, Legislative Agendas, Lobbying

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CMS Hospital Discharge Requirements to Post-Acute Care Providers

On June 6, 2023, the Center for Medicare and Medicaid Services (CMS) provided a Quality Safety & Oversight (QSO) memorandum outlining CMS-identified concerns with respect to the patient discharge process (Memo). As set forth…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Home Health Care, Hospitals, Long Term Care Facilities

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Maryland Changes Requirements for Payment of Recordation Tax on Indemnity Mortgages

In good news for commercial real estate lenders and their customers in Maryland, Governor Wes Moore will allow HB 371, which provides recordation tax relief in certain real estate financing transactions using indemnity…more

Financial Services Industry, IDOT, Indemnity, Mortgage Lenders, Mortgages

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TCPA Litigation in the Post-ACA World: How Federal Courts Are Shaping the Issues

In a long-awaited and highly publicized opinion in March of 2018, the Court of Appeals for the D.C. Circuit decided the case of ACA International v. FCC, which addressed the FCC's 2015 Declaratory Ruling and Order interpreting…more

ATDS, Auto-Dialed Calls, Declaratory Rulings, FCC, Prior Express Consent

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"That's Not Fair" – What Does That Mean Under the Fair Housing Act?

Who hasn't thought – "that's not fair"? Usually, those words come as an emotional reaction to a decision or position someone makes that we disagree with. It may be due to a rule, policy, or procedure that we find oppressive,…more

Discrimination, Fair Housing Act (FHA), Housing Discrimination, HUD

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Linda Klein: The Secrets to My Success

Linda has been shattering the glass ceiling since she started out as a young attorney. Throughout her career, she charted her own path to the top and developed a list of secrets to success that have proved integral to her…more

Career Development, Professional Development, Women in the Law, Young Lawyers

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OSHA Issues Guidelines for Oil and Gas Industry Workers and Employers

The Occupational Safety and Health Administration (OSHA) recently issued guidelines for oil and gas workers and employers during the Coronavirus (COVID-19) pandemic. While similar to guidelines issued previously by various…more

Coronavirus/COVID-19, Energy Sector, Health and Safety, Oil & Gas, OSHA

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Hackers Can Securely Enter Your Networks with XZ

A security researcher found an intentionally placed backdoor in a software library called XZ Utils on April 2. This backdoor allows hackers to hijack secure sessions, or create their own, on devices within an organization's…more

Cyber Threats, Cybersecurity, Data Protection, Data Security, Hackers

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Fair Pricing in Times of Need: Price Gouging Controls Expanded at Federal and State Levels in Response to COVID-19

The COVID-19 pandemic has sparked great and inspiring humanitarian aid efforts but has also brought out some baser human instincts: email scams and frauds are rampant and there is much buzz about hoarding and price gouging of…more

Coronavirus/COVID-19, Goods or Services, Price Gouging, Unfair or Deceptive Trade Practices

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Top Privacy and Cybersecurity Issues to Track In 2024

In recognition of International Privacy Day on January 28, we wanted to share some insights on the top privacy and cybersecurity issues for the new year. Data privacy and cybersecurity will continue to be one of the most…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Cyber Threats, Cybersecurity

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IRS Launches Employee Retention Credit Voluntary Disclosure Program – Is It Time to Hold or Fold?

As previously indicated, on December 21, 2023, the IRS launched the latest installment in a series of efforts to claw back pandemic-era tax credits erroneously received by ineligible employers. The Employee Retention Credit…more

Employee Retention, Employment Tax, IRS, Tax Credits, Voluntary Disclosure

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Cybersecurity and Privacy Concerns in Collecting Data from EV Drivers' Devices

This is the fourth article in a series that addresses what businesses, organizations, and governmental entities should be considering as they navigate privacy and cybersecurity challenges encountered in the transition to…more

Automotive Industry, Cybersecurity, Data Collection, Electric Vehicles, Manufacturers

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AAA Amends its Construction Industry Arbitration Rules

For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction…more

American Arbitration Association, Arbitration, Construction Disputes, Construction Industry, Discovery

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Florida Adopts Text of the Federal Summary Judgment Standard

Nearly four months to the day from when the Florida Supreme Court announced the state's adoption of the federal summary judgment standard, the Court went a step further and announced the adoption of the text of the federal…more

FL Supreme Court, Florida, Summary Judgment

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Department of Justice Announces Criminal Prosecution Protection for Voluntary Self-Disclosures Related to Mergers & Acquisitions

The Department of Justice continues to incentivize companies to engage in conduct that proactively demonstrates a commitment to operate in compliance with applicable laws and regulations. Building on the implementation of…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements, Voluntary Disclosure

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Supreme Court Holds That FCA Requires Subjective Intent

Is subjective intent relevant to FCA claims? The Court answered yes, holding that FCA liability turns on what the defendant actually believed, not on what an objectively reasonable person may have believed. On June 1, 2023, in…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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Recent Louisiana Case Reminds of the Need for Careful Contract Drafting to Avoid Conflicts

On June 29, 2023, the United States District Court for the Western District of Louisiana issued a Memorandum Ruling in Arcadis U.S., Inc. v. Stryker Demolition & Environmental Services, LLC, 2023 WL 4280924 (W.D. La. 6/29/23)…more

Construction Industry, Contract Terms, Subcontractors

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Fair Pricing in Times of Need: Price Gouging Controls Expanded at Federal and State Levels in Response to COVID-19

The COVID-19 pandemic has sparked great and inspiring humanitarian aid efforts but has also brought out some baser human instincts: email scams and frauds are rampant and there is much buzz about hoarding and price gouging of…more

Coronavirus/COVID-19, Goods or Services, Price Gouging, Unfair or Deceptive Trade Practices

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Tried and True: The Legal Career of Trial Attorney Roy Cheatwood

In addition to being an esteemed colleague, mentor, and dear friend, Roy Cheatwood is also an elite member in the highest echelons of the Louisiana trial bar…more

Firm Leadership, Professional Development, Trial Attorneys

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Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI

The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Fair Use

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Baker's Dozen: How to Create Meaningful Mentorships

We recently asked the Baker Donelson community to share "one tip or piece of advice on how to create meaningful mentorships." 1. I had the good fortune as a senior associate and young shareholder to work closely with John…more

Career Development, Law Firm Associates, Leadership, Mentors, Professional Development

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503(b)(9) Claims in Bankruptcy: Understanding the "Golden Ticket" Administrative Claim

When a debtor files for bankruptcy, its creditors line up to receive payment in order of priority, with claims of vendors and suppliers typically at or toward the back of the line, often receiving pennies on the dollar. Despite…more

Bankruptcy Code, Section 503(b)(9)

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Biden Administration Plans on Resort Fee Crackdown

Resort and amenity fees have long been common practice throughout the hospitality industry, first emerging in the late 1990s. The FTC reports that by 2015, hospitality fees accounted for one-sixth of total revenue in the sector,…more

Biden Administration, Fees, Hidden Fees, Hospitality Industry, Resorts & Restaurants

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Hurricane Ian: An Anticipated Flood and Windstorm of Litigation Over Flood and Windstorm

In late September of 2022, Florida was again at the center of a historic natural disaster when Hurricane Ian made landfall along the Lee Island Coast as a strong Category 4 storm, leaving behind a wake of devastation…more

Flood Insurance, Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters

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FTC Publishes Long-Awaited Proposed Updates to the Children's Online Privacy Protection Act (COPPA)

On December 20, 2023, the Federal Trade Commission (FTC) published its Notice of Proposed Rulemaking to update the Children's Online Privacy Protection Act (COPPA), the latest step in a process that started in 2019 with an FTC…more

Biometric Information, Consent, COPPA, Data Collection, Data Retention

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Not-So-Joyful News for Employers: The NLRB Paves the Way for Union Recognition Without an Election and Shortens Election Timelines

On Thursday, August 24, and Friday, August 25, 2023, the National Labor Relations Board (NLRB or the Board) delivered a one-two punch to nonunion employers. Most significantly, the Board has paved the way for unions to gain…more

Labor Relations, NLRA, NLRB, Union Elections, Unions

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Meaningful Tort Reform on Florida Horizon

Florida citizens and visitors alike have been inundated with increasingly sophisticated television ad campaigns and endless and often crass billboards on our roadways touting the sweepstakes that has characterized personal…more

Florida, Mass Tort Litigation, Tort Reform

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HUD Proposes Expanding Indebtedness Eligible for Refinancing with FHA-Insured Loans

The U.S. Department of Housing and Urban Development (HUD) recently published proposed revisions to its Handbook covering its Healthcare Insurance Mortgage Program under Section 232 of the National Housing Act (the Section 232…more

Fair Housing Act (FHA), Government-Guaranteed Loans, HUD, National Housing Act (NHA), Refinancing

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2024 Changes to the HSR Pre-Merger Notification Thresholds, HSR Filing Fees, Civil Penalties, and Interlocking Directorate Thresholds

January is the time of the year for the Federal Trade Commission (FTC) to announce the annual changes to several statutory thresholds, including those relating to the Hart-Scott-Rodino (HSR) Act notification thresholds and…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, Threshold Requirements

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"That's Not Fair" – What Does That Mean Under the Fair Housing Act?

Who hasn't thought – "that's not fair"? Usually, those words come as an emotional reaction to a decision or position someone makes that we disagree with. It may be due to a rule, policy, or procedure that we find oppressive,…more

Discrimination, Fair Housing Act (FHA), Housing Discrimination, HUD

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When Appealing Denial of Motion to Compel Arbitration, Supreme Court Removes Possibility That Parties May Have to Engage in Simultaneous Discovery

Parties generally have no right to appeal a trial court's decision on pretrial motions until the court issues a final judgment — yet Congress granted that right for decisions that deny a motion to compel arbitration under the…more

Appeals, Arbitration, Arbitration Agreements, Discovery, Federal Arbitration Act

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FTC and DOJ Propose Major Overhaul of Merger Guidelines

On July 19, 2023, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) issued revised Merger Guidelines (Proposed Guidelines) that if adopted would lead to…more

Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Reviews

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Summary of Senate Bill 2622 - Mississippi's Construction Lien Law

This is the first in a series of alerts exploring how this new law will affect your business. Look for more information regarding this law in the coming weeks. The bill has passed out of conference but it must be enrolled and…more

Construction Liens, Materialman's Lien

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One More Time? DOL's Proposed Rule to Increase Salary Thresholds Again

The U.S. Department of Labor (DOL) announced today a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the Fair Labor Standard Act (FLSA). Specifically, the DOL proposes an increase to the salary…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, Over-Time, Salaried Employees

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Remote Depositions: A Great Tool for Litigators During Coronavirus

Litigators can strike a balance between actively moving their cases forward and adhering to coronavirus guidance and orders by remotely conducting depositions. To conduct a successful remote deposition, litigators should…more

Coronavirus/COVID-19, Depositions, Litigation Strategies, Remote Depositions, Trial Preparation

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Workplace Protections for the Working Mother

Many working mothers strive to attain some form of work life balance but may find that their jobs do not provide the flexibility and autonomy that they need to reach this goal. Women often feel like we are spinning one plate too…more

Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA), Lactation Accommodation, Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”)

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Q&A with Rachel Manos, General Counsel, BELFOR USA GROUP, Inc.

What positions/jobs helped prepare you for your current role as the GC of the BELFOR USA Group? On one hand, all of my prior jobs prepared me, but on the other hand, none of my jobs prepared me for this role. Working in a law…more

Career Development, Professional Development, Women in the Law

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When Appealing Denial of Motion to Compel Arbitration, Supreme Court Removes Possibility That Parties May Have to Engage in Simultaneous Discovery

Parties generally have no right to appeal a trial court's decision on pretrial motions until the court issues a final judgment — yet Congress granted that right for decisions that deny a motion to compel arbitration under the…more

Appeals, Arbitration, Arbitration Agreements, Discovery, Federal Arbitration Act

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What Tree Frogs and Whippoorwills Taught Me

A moment of vulnerability: I really love my job. Working at Baker Donelson is the dynamic, challenging, and rewarding job that I knew it would be, and it is no wonder that we consistently rate Baker so high for associate…more

Law Firm Associates, Professional Development, Women in the Law

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Spotlight on Tennessee: Department of Revenue Proposes Tax Regulations

The Tennessee Department of Revenue (the Department) is in the process of proposing a wide range of regulations addressing current state tax laws. The purpose of this project is to promulgate new regulations to clarify and…more

Business Taxes, Department of Revenue, Enforcement Actions, Excise Tax, Franchise Taxes

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Baker's Dozen: How to Create Meaningful Mentorships

We recently asked the Baker Donelson community to share "one tip or piece of advice on how to create meaningful mentorships." 1. I had the good fortune as a senior associate and young shareholder to work closely with John…more

Career Development, Law Firm Associates, Leadership, Mentors, Professional Development

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A Primer for Lending on Governmental Health Care Receivables

While the best asset to have is cash, the next best assets to have are accounts receivable, which are the right to payment for services rendered or goods provided. In the health care industry, receivables are the right to…more

Long-Term Care, Medicaid, Medicare

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Final Build America, Buy America Act Guidance Released, Tightening U.S. Content Requirements For Federally Funded Infrastructure Projects

The Office of Management and Budget (OMB) recently released guidance for the Build America, Buy America Act (BABA), which was enacted in November 2021 as part of the Infrastructure Investment and Jobs Act (IIJA)…more

Buy American Act, Construction Industry, Electric Vehicles, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Baker's Dozen: Remembrances of RBG

For this issue's Baker's Dozen, we asked our associates, "How has Justice Ginsburg influenced you? What does Justice Ginsburg's legacy mean to you?"…more

Ruth Bader Ginsberg, Supreme Court Justices, Women in the Law

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Reminder: Beginning January 1, 2023, Virginia "Pay-if-Paid" Clauses No Longer Valid

On January 1, 2023, SB 550 will take effect, invalidating pay-if-paid clauses in construction contracts in Virginia. With this change on the immediate horizon, contractors should update their contracts and policies to adapt…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Pay if Paid

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Baker's Dozen: Best Self-Care Tips

Self-care is not self-indulgence. Self-care is self-respect. In a busy world of work, family, community, charitable, religious, etc. responsibilities, we are pulled in so many directions…more

Best Practices, Professional Development, Women in the Law

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Low-Income Community and Energy Community Bonus Tax Credits for Clean Energy Projects

The following is an overview of guidance regarding the Inflation Reduction Act's (IRA) Low-Income Communities Bonus Credit Allocation Program (LIC Bonus) and the Energy Community Tax Credit Bonus…more

Clean Energy, Energy Projects, Energy Sector, Investment Tax Credits, Tax Credits

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Recent, Significant Changes in Florida's Law of Foreclosure

On June 7, 2013, Florida Governor Rick Scott signed into law House Bill 87, now known as Chapter 2013-137, which provides for substantial changes in mortgage foreclosures filed in Florida…more

Consumer Bankruptcy, Foreclosure, Mortgages, New Legislation

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New Legislation Will Require Critical Sector Entities to Report Certain Cyber Incidents

On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act (the Act) as part of the Consolidated Appropriations Act of 2022. The Act requires "critical sector" entities to…more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Heirs' Property Relending Program Represents Substantial Investment in Resolution of Heir Property Issues

The United States Department of Agriculture (USDA) is providing $67 million to help resolve heir property issues. Heir property refers to "family-owned land that is jointly owned by descendants of a deceased person whose estate…more

Farmers, Heirs, Property Owners, USDA

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Soothing Range Anxiety: Tips for EV Manufacturers and Sellers

The long-predicted transition from internal combustion-powered vehicles to electric vehicles (EVs) is now truly underway, with manufacturing plans and government incentives aligned to speed that transition along. Although there…more

Automotive Industry, Electric Vehicles, Environmental Protection Agency (EPA), Federal Trade Commission (FTC), Infrastructure

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IRS Announces Increased Audits on Corporate Jet Usage

The U.S. Internal Revenue Service (IRS) issued a press release on February 21, 2024, announcing its plans to initiate a campaign conducting "dozens of audits" of large corporations and high-income taxpayers, focusing on their…more

Aircraft, Audits, Business Travel, Corporate Taxes, Inflation Reduction Act (IRA)

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Estate Planning Alert: Take Advantage of 2020 Planning Opportunities Now

If you are a high-net worth individual, 2020 may be the time to take advantage of the opportunity created under a confluence of low applicable federal rates, valuation opportunities, and the temporarily increased Unified Credit…more

Dynasty Trust, Estate Planning, Estate Tax, Family Limited Partnerships, Generation-Skipping Transfer

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Baker's Dozen: How Do You Take a Breath?

For this issue's Baker's Dozen, we asked our attorneys, "What do you do to decompress or 'breathe' during this difficult time?" 1. I do a few things to breathe these days: Spend as much time as possible with my family doing the…more

Coronavirus/COVID-19, Law Firm Associates, Law Practice Management, Women in the Law, Young Lawyers

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Post-COVID-19 Pandemic Outlook — Restaurant Ground Leases

As businesses begin to emerge from the COVID-19 pandemic, brick-and-mortar retail and restaurant leasing is showing strong growth. U.S. retail vacancy fell to 6.1 percent in the second quarter of 2022, the lowest level in at…more

Commercial Leases, Commercial Real Estate Market, Ground Leases, Hospitality Industry, Restaurant Industry

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Lab Owners Beware – Conflicting EKRA Opinions Muddy the Landscape on Payments for Physicians' Test Referrals

The Eliminating Kickbacks in Recovery Act (EKRA), a law that became effective in October 2018, extended federal kickback prohibitions to services provided by recovery homes, clinical treatment facilities, and laboratories that…more

Anti-Kickback Statute, Clinical Laboratories, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Health Care Providers, Physicians

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Florida Shortens Time for Filing Construction-Related Suits, Imposes Materiality Threshold

On April 13, 2023, Governor Ron DeSantis signed Senate Bill No. 360 (the Act), an act that affords greater protection from suits to members of Florida's construction industry. The Act amends § 95.11, Florida Statutes, shortening…more

Construction Industry, Florida, Statute of Limitations, Statute of Repose

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FTC and DOJ Propose Sweeping Changes to Pre-Merger Notification Filings

Last week, the Federal Trade Commission and the Department of Justice Antitrust Division (together, the Agencies) issued a Notice of Proposed Rulemaking (NPRM) that if implemented would fundamentally change the Hart-Scott-Rodino…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, Premerger Notifications

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

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Federal Court Rules Against Yum! Brands in Third-Party Franchise Sale Case – What Franchisors Need to Know

A federal court in Kentucky recently denied a franchisor's request to dismiss its franchisee's claim for intentional interference with prospective economic advantage. Based on this ruling, franchisors should proceed with caution…more

Franchise Agreements, Franchisee, Franchises, Franchisors

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A Victory for Qualified Immunity. A Trend to Continue?

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions…more

Excessive Force, Fourth Amendment, Law Enforcement, Qualified Immunity, SCOTUS

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Key Takeaways from Knoxville and Knox County Phased Reopening Plan

On April 27, 2020, a joint city/county task force convened by the Knox County Health Department released "A Community Strategy for Phased Reopening," a comprehensive and collaborative plan for the gradual, phased-in reopening of…more

Business Operations, Coronavirus/COVID-19, Public Health, Risk Management

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A Decade Makes Quite a Difference in eDiscovery

On September 12, 2018, the United States District Court for the Middle District of Tennessee issued a new Administrative Order 174-1 (current AO) governing eDiscovery…more

Administrative Orders, Discovery, e-Discovery Professionals, Electronically Stored Information

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Blockchain and State Law: Five Legislative Developments

Blockchain technology is rapidly expanding into major sectors of the economy. Whether it is the meteoric rise of the digital currency bitcoin or the heightened regulation of initial coin offerings by the Securities and Exchange…more

Blockchain, Corporate Financing, Distributed Ledger Technology (DLT), Popular, State and Local Government

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Coronavirus: How Louisiana's Stay-at-Home Order May Affect the Construction Industry

On March 22, 2020, in response to the COVID-19 pandemic, Governor Edwards issued Proclamation Number 33 placing all individuals within the State of Louisiana, with limited exceptions, under a general stay-at-home order…more

Construction Industry, Coronavirus/COVID-19, Infectious Diseases, Shelter-In-Place

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California Privacy Protection Agency Free to Resume Enforcement Efforts

A decision by California's Third District Court of Appeal has allowed the California Privacy Protection Agency (CPPA) to resume enforcement efforts. On February 9, 2024, the Court overturned a California Superior Court decision…more

California Consumer Privacy Act (CCPA), Compliance, Consumer Privacy Rights, Data Privacy, Enforcement

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Baker's Dozen: What Are Your Best "Balance" Tips?

We recently asked our Firm's "Women to Equity" class members about their best tips on achieving "balance." These women, are all on a path towards equity, balancing busy work schedules and client relationships with their…more

Law Firm Associates, Professional Development, Women in the Law, Young Lawyers

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Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the…more

Automotive Industry, Automotive Loans, Canada, Cars, Leases

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New Federal Health Care Facility Regulations Could Mean More Construction Work

On April 16, 2014, the Centers for Medicare & Medicaid Services (CMS), an agency of the U.S. Department of Health and Human Services, published proposed rules that would amend the fire safety standards for hospitals, long-term…more

Centers for Medicare & Medicaid Services (CMS), Construction Contracts, Construction Workers, Contractors, Healthcare

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United States Supreme Court May Reconsider Standard For Religious Accommodations

For more than 20 years, employers who are asked by an employee for a religious accommodation, in order to deny the request, literally need only demonstrate a de minimis burden on their operations. This standard was adopted by…more

Civil Rights Act, Hiring & Firing, Religious Accommodation, Termination, Title VII

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Corporate Transparency Act Requires Beneficial Ownership Reports

On January 1, 2021, Congress enacted the National Defense Authorization Act of 2021. As part of this legislation, Congress set out new Beneficial Ownership Information Reporting Requirements (BOI Reporting Requirements) for…more

Anti-Money Laundering, Anti-Terrorism Financing, Beneficial Owner, Compliance, Corporate Transparency Act

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The Supreme Court Answers a Call for Clarity Under the TCPA

The 1991 Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, seems straightforward enough. Prerecorded calls to residences are prohibited, as are calls made using an "automatic telephone dialing system" to cell phones,…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, FCC

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"Let's Stay Together" - Managing The Changing Relationships Between Hospitals and Skilled Nursing Facilities

Skilled nursing facilities (SNFs) owned or operated by hospitals (hospital-owned SNFs) have a demonstrated track record of delivering positive outcomes for post-acute care patients. Such success, however, has not been without…more

Critical Access Hospitals, Health Care Providers, Healthcare Facilities, Hospitals, Long Term Care Facilities

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Common Ground: Baker Donelson Associate Rodney Dillard Interviews Of Counsel Vinnie Nelan

When we see someone for the first time, we ask, "What do you do for a living, where are you from, are you married, do you have children?" Based on their responses to those and other, admittedly surface-level questions, we…more

Career Development, Diversity, Professional Development

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Perseverance: Justice Ginsburg's Journey Through Adversity

Ruth Bader Ginsburg. The name evokes a myriad of feelings in just about everyone, but especially in girls and women, spanning the generations from the very young to those in their twilight years. For me, Justice Ginsburg's name…more

Ruth Bader Ginsberg, Supreme Court Justices, Women in the Law

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Coronavirus: How Louisiana's Stay-at-Home Order May Affect the Construction Industry

On March 22, 2020, in response to the COVID-19 pandemic, Governor Edwards issued Proclamation Number 33 placing all individuals within the State of Louisiana, with limited exceptions, under a general stay-at-home order…more

Construction Industry, Coronavirus/COVID-19, Infectious Diseases, Shelter-In-Place

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New Readiness Grant for Small and Rural Hospitals in Tennessee

On Monday, April 6, Tennessee Governor Bill Lee announced in COVID-19 Bulletin #13 that the State of Tennessee will allocate $10 million to support small and rural hospitals that are facing financial strain due to the ongoing…more

Coronavirus/COVID-19, Hospitals, Relief Measures, Rural Health Care Providers, State Grants

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Costs Increase for Health Care Fraud and Abuse Violations

Recent congressional action will have serious ramifications on corporate and individual defendants who are or could be under investigation for violations of federal health care program fraud and abuse laws. Changes implemented…more

Anti-Kickback Statute, Bipartisan Budget Act, Civil Monetary Penalty, Criminal Penalties, Criminal Prosecution

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D.C. Council Passes Emergency Legislation to Close "Gifting Shops" in the District

The D.C. Council passed emergency legislation on January 9, 2024, in furtherance of its effort to close the D.C. cannabis industry's "gray market." The "gray market" is the cannabis industry that was created when D.C. legalized…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Marijuana, Marijuana Related Businesses, Medical Marijuana

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FTC Rite Aid Settlement Offers Key Lessons for Mitigating Risk When Deploying Biometrics or AI Tools

On December 19, 2023, the Federal Trade Commission (FTC or Commission) announced its settlement of an enforcement action against retail pharmacy chain Rite Aid over alleged violations of Section 5 of the FTC Act (Section 5)…more

Artificial Intelligence, Biometric Information, Enforcement Actions, Facial Recognition Technology, Federal Trade Commission (FTC)

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Common Ground (Interview with Baker Donelson CEO Tim Lupinacci)

Associate Kareim Oliphant sat down with Baker Donelson Chief Executive Officer Tim Lupinacci to explore the role New Year's resolutions can play in annual goal-setting, and Tim's personal approach to big goals…more

Business Strategies, Professional Development

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Key Telehealth Provisions in the Calendar Year 2022 Physician Fee Schedule Final Rule

On November 2, 2021, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2022 Medicare Physician Fee Schedule (PFS) final rule (Final Rule), which finalized several noteworthy policies related to…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Medicare, Physician Fee Schedule

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Revitalizing and Rebuilding America – Issue 7: Path Forward for the Build Back Better Act

Baker Donelson's Public Policy Group and the Daschle Group are pleased to provide our seventh update on developments regarding infrastructure and appropriations legislation. This is a brief status update on appropriations…more

Economic Development, Infrastructure, Legislative Agendas, NDAA, Public Policy

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Significant Changes to Georgia Lien Law on January 1: Are You Prepared?

Important changes to the Georgia law on waivers for mechanic's lien and payment bond claims (lien waivers) are effective January 1, 2021. Under current Georgia law, lien waivers are "conditional," meaning they do not waive lien…more

Construction Industry, Liens, Mechanics Lien, Waivers

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Fifth Circuit Declares SEC's Quasi-Judicial Process Unconstitutional

On May 18, 2022, the Fifth Circuit issued its opinion in Jarkesy v. SEC, holding that: (1) the Securities and Exchange Commission's (SEC's) in-house adjudication of Petitioners' case violated their Seventh Amendment right to a…more

Adjudicatory Process, Administrative Law Judge (ALJ), Jury Trial, Securities and Exchange Commission (SEC), Seventh Amendment

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Tips for Working With Your Lender in These Uncertain Financial Times

From the C-suite of Fortune 500 companies to the corner mom-and-pop business, everyone is worried about the financial future of their business. After a decade of unprecedented economic growth, our economy has been humbled by a…more

Borrowers, Financial Services Industry, Lenders, Loans

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FEMA Increases Public Assistance Program's Simplified Procedures Small Project Threshold

The Federal Emergency Management Agency (FEMA) recently revised its regulations regarding the Public Assistance (PA) program that provides grants to state, local, tribal, and territorial governments, as well as eligible private…more

Disaster Aid, FEMA, Public Assistance

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Coronavirus: Lenders Navigate Providing Relief to Borrowers and Acting Prudently to Manage Lending Risk

We've heard from representatives of both federal and state banking regulators that they intend to work with banks as banks work with their customers in addressing the potential business impacts of COVID-19 (coronavirus)…more

Borrowers, Coronavirus/COVID-19, Financial Services Industry, Infectious Diseases, Lenders

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Who's Who under the EU AI Act: Spotlight on Key Actors

Who will play the leading role if we make a new series about AI? If you interview Steven Spielberg, Sundar Pichai, and Sam Altman, you might receive three distinct ideas ranging from the 2001 classic "AI: Artificial…more

Artificial Intelligence, Compliance, Data Collection, EU, European Commission

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What Employers Should Know About the EEOC's Proposed PWFA Regulations

On August 7, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released its highly anticipated Notice of Proposed Rulemaking (NPRM) related to its proposal for the implementation of the Pregnant Workers Fairness Act…more

Americans with Disabilities Act (ADA), Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), NPRM, Pregnancy

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Meaningful Tort Reform on Florida Horizon

Florida citizens and visitors alike have been inundated with increasingly sophisticated television ad campaigns and endless and often crass billboards on our roadways touting the sweepstakes that has characterized personal…more

Florida, Mass Tort Litigation, Tort Reform

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Matter Budgets Matter: A Case Study You Can Take to the Bank

All attorneys, whether in a small or large firm, are feeling the pressures of client demands for controlling costs. Most attorneys are more than willing to provide the client with their best guess of the potential cost of a…more

Client Services, Legal Fees, Litigation Fees & Costs, Litigation Funding

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New Louisiana Law Requires Public Entities to Pay Interest on Late Payments to Contractors

On May 30, 2018, Louisiana Governor John Bell Edwards signed into law Act No. 566 of the 2018 Regular Session, amending Louisiana Revised Statute Section 38:2191(B) effective August 1, 2018, to provide for interest on late…more

Construction Industry, Contractors, Subcontractors

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Hospitals and Other Entities Given Protection to Provide Mental Health Wellness Programs to Clinicians

Hospitals and other health care providers struggle to attract and maintain clinical staff due to staffing shortages. While several factors contribute to the staffing shortage including an aging patient population and longer life…more

Health Care Providers, Healthcare Facilities, Hospitals, Mental Health

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LIBOR Phaseout: What Happened and What's Next?

The Financial Conduct Authority (FCA) of the United Kingdom plans to phase out the London Interbank Offered Rate (LIBOR) by the end of 2021. LIBOR is the benchmark rate that many banks use to set interest rates in loan…more

Banking Sector, Benchmarks, Financial Conduct Authority (FCA), Interest Rates, Libor

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Growing Interest in Regulation of Hemp

The 2018 Farm Bill made growing and cultivating hemp federally legal – it removed hemp as a controlled substance at the federal level as long as its Tetrahydrocannabinol (THC) concentration doesn't exceed 0.3 percent…more

Agricultural Sector, Cannabidiol (CBD) oil, Farm Bill, Food and Drug Administration (FDA), Hemp

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Reopening Considerations for Retail & Mixed-Use Property Owners

COVID-19 shelter-in-place and stay-at-home restrictions are beginning to expire or loosen, allowing businesses in retail and mixed-use properties to resume or expand their day-to-day operations…more

Business Operations, Commercial Leases, Retailers, Tenants

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Surprise! Gag Clause Attestation Due by 12/31/2023

As part of the No Surprises progeny of legislation seeking transparency in health care, the Consolidated Appropriations Act of 2021 prohibits the use of "gag clauses" in group health plan agreements. All group health plans are…more

Attestation Deadlines, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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FMCSA to Withdraw Safety Fitness Determination Rule

The Federal Motor Carrier Safety Administration (FMCSA) on Wednesday, March 22, announced its intention to withdraw its proposed Safety Fitness Determination rule this week. The rule would have utilized data from the agency's…more

Commercial Truck Drivers, Drivers, FMCSA, Motor Carriers

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Coronavirus: FMCSA Acts to Protect Against CDL and CLP Expirations

On March 24, in response to COVID-19's impact on state driver licensing agencies, medical examiners, and the operators of commercial motor vehicles (CMVs), the Federal Motor Carrier Safety Administration (FMCSA) issued a grant…more

Commercial Truck Drivers, Coronavirus/COVID-19, FMCSA, Motor Carriers, Trucking Industry

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What Recently Finalized Regulation ZZ Means for LIBOR-Based Commercial Financing Contracts When LIBOR Sunsets

The well-publicized sunset of the London Interbank Offered Rate (LIBOR), the adjustable interest rate benchmark referenced in trillions of dollars' worth of contracts, is happening this summer. After June 30, 2023, U.S. dollar…more

Financial Institutions, Financial Services Industry, Interest Rates, Libor, Secured Overnight Funding Rate (SOFR)

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Maryland and Mississippi Among First Three States to Adopt New Requirements for Investment Adviser Representatives

On February 8, 2022, the North American Securities Administrators Association (NASAA) announced that Maryland, Mississippi, and Vermont were among the first three states to adopt and implement continuing education requirements…more

Continuing Education, Investment Adviser, Model Rules, NASAA, New Regulations

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Spotlight: Baker Donelson Work-Life Warriors

As Dolly Parton reminds us: "Never get so busy making a living that you forget to make a life." But how do we do both? How do we manage to balance our jobs with all the other, equally busy, and equally important, aspects of…more

Career Development, Law Firm Associates, Professional Development, Women in the Law, Young Lawyers

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Common Ground

For this issue's "Common Ground" column, Nashville Labor & Employment associate Denmark J. Grant spoke with Eric L. Pruitt, a Financial Services shareholder in the Birmingham office, about how he finds common ground with his…more

Career Development, Client Services, Diversity, Professional Development

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Wisconsin's Supreme Court Strikes Down Executive Branch's COVID-19 Stay-at-Home Order

Governors, mayors, and other members of executive branches are contemplating leaving COVID-19 emergency stay-at-home orders, which have entered their third month, in place for months to come. This has led to public protests and…more

Coronavirus/COVID-19, State and Local Government, WI Supreme Court

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Federal District Court Rules Favorably for Medical Device Manufacturer in Off-Label Promotion Lawsuits

On April 13, 2015, in the case of Kathleen Hafer v. Medtronic, Inc., the United States District Court for the Western District of Tennessee issued a favorable opinion to a medical device manufacturer in the context of preemption…more

Leave to Amend, Manufacturers, Medical Devices, Medtronic, Misrepresentation

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Supreme Court Rules PTAB Proceedings Constitutional

The U.S. Supreme Court today issued dual decisions with substantial impact on the future of Inter Partes Review (IPR) and related proceedings for challenging the validity of patent claims before the PTAB (Patent Trial and Appeal…more

America Invents Act, Article III, Constitutional Challenges, Inter Partes Review (IPR) Proceeding, Oil States Energy Services v Greene's Energy Group

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Defense Spending: What To Expect in CY 2021

At approximately $740 billion (plus), the Department of Defense will remain the Agency with the largest share of federal discretionary spending no matter who wins the November elections. However, in 2021, the overall…more

Appropriation, Budgets, Defense Sector, Department of Defense (DOD)

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IRS Announces Increased Audits on Corporate Jet Usage

The U.S. Internal Revenue Service (IRS) issued a press release on February 21, 2024, announcing its plans to initiate a campaign conducting "dozens of audits" of large corporations and high-income taxpayers, focusing on their…more

Aircraft, Audits, Business Travel, Corporate Taxes, Inflation Reduction Act (IRA)

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Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI

The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Fair Use

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Jumping on the Whistleblower Bandwagon: DOJ Announces Department-Wide Pilot Program to Incentivize Individual Reporting

The Department of Justice's (DOJ) Deputy Attorney General Lisa O. Monaco announced a department-wide whistleblower rewards program on March 7, 2024, that will be designed to supplement existing whistleblower programs, to…more

CFTC, Compliance, Corporate Misconduct, Department of Justice (DOJ), Financial Services Industry

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It's Time to Revise Your Title IX Policy and Procedures: The Biden Administration Rolls Back Trump-Era Title IX Regulations and Expands Protections

Over a year after proposing sweeping changes to the current Title IX regulations and delays on the official release date, the Biden Administration has officially released its revised Title IX regulations for all education…more

Anti-Harassment Policies, Colleges, Educational Institutions, Employees, Final Rules

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Coronavirus: Implications for Business Interruption Insurance Coverage

Bars and restaurants are closing. Airline travel is discouraged. Supply chains are interrupted. Hotels and motels are empty. Because of its impact on every segment of the economy, the coronavirus (COVID-19) pandemic undoubtedly…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

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Twitter's Recent Rebrand: A Guide to Keeping Your Trademark Rights Alive

It has been hard to miss the headlines about Twitter's recent rebrand to "X," from the dozens of articles questioning why Twitter would ditch its name and well-known blue bird logo to the drama surrounding the large-flashing "X"…more

Brand, Business Development, Corporate Branding, Intellectual Property Protection, Rebranding

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Susan E. Rich: A Legacy of "Firsts"

Susan Elliott Rich is a legend at Baker Donelson. In fact, she holds all of the "firsts" – first female shareholder, first woman to be an Office Managing Shareholder and first woman appointed to the Firm's Board of Directors…more

Board of Directors, Shareholders, Young Lawyers

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COVID Vaccines for Long Term Care Employees: To Mandate or Not to Mandate?

With three COVID-19 vaccines authorized by the U.S. Food and Drug Administration (FDA) for emergency use and states across the U.S. prioritizing vaccinations for essential health care workers, long term care (LTC) facilities…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Emergency Use Authorization (EUA), Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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The Presidential Election: Trying to Become Comfortable in an Uncertain Time

Saturday Night Live has been a mainstay of my television diet since my teenage years in the early 1980s. Shortly after the election, SNL featured Alec Baldwin portraying Donald Trump in a skit about Mr. Trump's transition from…more

Acquisitions, Affordable Care Act, Dodd-Frank, Mergers, Presidential Elections

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Celebrating 50 Years of Title IX

In 1972, Title IX was created to give women the same opportunities as men when it comes to participating in educational programs and activities. As we marked the 50th anniversary of Title IX in 2022, we chatted with some of our…more

Athletes, Diversity, Leadership, Professional Development, Sports

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CMS Approves Georgia's Section 1135 Waiver Request for Medicaid and PeachCare for Kids

On April 2, 2020, Georgia Governor Brian Kemp and the Georgia Department of Community Health announced that the Centers for Medicare and Medicaid Services approved Georgia's Section 1135 waiver request. The waivers will provide…more

1135 Waivers, Coronavirus/COVID-19, Governor Kemp, Health Care Providers, Medicaid

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Q & A: ICANN's Global Trademark Clearinghouse

The Internet Corporation for Assigned Names and Numbers (ICANN), the body tasked with coordinating and preserving global Internet stability, is embarking on its largest expansion ever of the domain name system. Last week, on…more

Domain Names, gTLD, ICANN, Registration, Trademark Clearinghouse

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Key Issues Involving Multiemployer Pension Plan Withdrawal Liability

Employers who are considering using union labor should be aware of responsibilities they undertake by signing collective bargaining agreements (CBA). One such responsibility – contributing to a multiemployer pension plan (MEPP)…more

Collective Bargaining Agreements (CBA), Employee Benefits, Multiemployer Plan, Pensions, Retirement Plan

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A Conversation with Jan M. Hayden: Making Dollars and Cents of a 40-Year Career in Bankruptcy and Restructuring

Dubbed the "Baroness of Bankruptcy" by Super Lawyers, Jan Hayden has spent her 40-year career developing a national reputation as a widely respected leader in the field of insolvency and restructuring. Jan's myriad of…more

Creditors, Debt Restructuring, Debtors, Insolvency, Restructuring

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Baker's Dozen – "Tips on the Way to the Top"

We asked for tips people would give to their younger selves. 1. The best advice I can share came from my daughter Stella Kate recently. When a particularly difficult case took many unexpected twists and turns, Stella calmly…more

Professional Development, Women in the Law, Young Lawyers

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Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer support,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Art, Artificial Intelligence, Authorship, Copyright

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

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Strategic Considerations in the Rapidly Changing Banking Environment

On March 10, 2023, the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) closed Silicon Valley Bank (SVB) after a deposit outflow created a severe liquidity strain…more

Banking Sector, Banks, FDIC, Federal Reserve, Financial Institutions

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At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long term…more

Assisted Living Facilities (ALFs), Depositions, Discovery, Fifth Amendment, Government Investigations

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For Convenience Store Chains in Georgia, Leasing Business Operations to Separate Entity Can Maximize Recovery in Condemnations

In Georgia, when a convenience store chain both owns and operates a location, it should lease business operations to a separate legal entity to maximize recovery in the event of a partial condemnation. In limited…more

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HIPAA Updates: The Obligations Continue to Unfold

There has been a notable emphasis on proactive enforcement of the privacy and security of protected health information in recent weeks as evidenced by multiple developments regarding compliance with the Health Insurance…more

Audits, Cybersecurity, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), HITECH Act

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Have Your Cake and Own it, Too: Trademark and Branding Best Practices and Takeaways from a Dispute between a King Cake Baker and its Brand Developer

King cakes are a staple of Carnival season, and when the season kicks off on Twelfth Night, in New Orleans, there is hardly a day that goes by without at least one king cake in the kitchen of every office, school, and home until…more

Brand, Copyright, Intellectual Property Protection, Marketing, Trademarks

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Delaware Invalidates a Selling Stockholder's Non-Compete Covenant: What the Kodiak Building Partners, LLC v. Philip D. Adams Decision Means for Your Business

In drafting restrictive covenants, acquiring companies should be aware that courts may not necessarily uphold, or even "blue pencil" (revise overbroad restrictive covenants), restrictive covenants imposed on sellers in an…more

Acquisitions, Buying a Business, Restrictive Covenants, Sellers, Selling a Business

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COVID-19 Public Health Emergency Set to End May 11, 2023, Along with Many Waivers and Flexibilities

After more than three years, the Public Health Emergency (PHE) related to COVID-19 is scheduled to end on Thursday, May 11, 2023. The PHE declaration under the Public Health Service Act has allowed the Secretary of the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Long Term Care Facilities, Medicare

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Baker's Dozen: Women Leaders We Admire

In this issue of the Baker's Dozen we asked the members of our Women's Initiative to tell us a woman leader (public person) they admire and why. There were so many wonderful responses that ranged from scientists to athletes,…more

Leadership, Women in the Law

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Bringing Technology to the Trial

My first trial in 2002 was an arbitration involving the alleged mismanagement of thousands of insurance claims. My client, the suing insurer, sought damages against the claims administrator. The key evidence in the case involved…more

e-Discovery, Information Technology, Technology, Trial Preparation, Trials

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Proposed Third-Party Relationships Guidance Comment Period Extended

On July 13, 2021, the Board of Governors of the Federal Reserve (the "Fed"), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (the OCC, collectively referred to herein with the…more

Comment Period, FDIC, FinTech, Third-Party

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Five Critical Considerations for Hospitality Businesses Implementing EV Infrastructure

Electric Vehicles (EVs) are swiftly moving from a niche market into the mainstream. As this transition occurs, savvy hotels and restaurants are taking advantage of the relatively benign regulations and adding EV charging…more

Charging Stations, Electric Vehicles, Hospitality Industry, Hotels, Infrastructure

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U.S. Institutes New International Design Applications

In February 2015, the United States completed steps to become a member of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement). The Hague Agreement went into effect for the United…more

Design Patent, Hague Agreement, Patent Applications, Patent Cooperation Treaty, Patents

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The Importance of LGBTQ Allyship During the Holidays

Why does it matter? Why do they need their own holiday(s)? Why do they have to be so "in our face" about it? I don't know about you, but I heard and saw a lot more of these comments in person and in response to social media…more

Diversity, Diversity and Inclusion Standards (D&I), Gender Identity, LGBTQ, Sexual Orientation

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IRS Launches Employee Retention Credit Voluntary Disclosure Program – Is It Time to Hold or Fold?

As previously indicated, on December 21, 2023, the IRS launched the latest installment in a series of efforts to claw back pandemic-era tax credits erroneously received by ineligible employers. The Employee Retention Credit…more

Employee Retention, Employment Tax, IRS, Tax Credits, Voluntary Disclosure

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The U.S. Supreme Court Narrows Federal Agency Regulation of Wetlands

On May 25, 2023, the United States Supreme Court, in the case of Sackett v. Environmental Protection Agency, unanimously ruled that the Clean Water Act's (Act) regulations governing "wetlands" are not as broad and far-reaching…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Commercial Real Estate Sellers - Ten Additions to a Buyer's Contract

When a seller and a buyer agree upon the terms for the sale of a commercial property the next step is often for the buyer to prepare the first draft of a Contract, which embodies those terms, as well as other customary…more

Commercial Real Estate Market, Contract Drafting, Purchase Agreement, Real Estate Transfers

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What Companies Can Do in Response to New Voting Laws

In the wake of Georgia's new voting law – and as nearly every other state in the country considers its own restrictive voting rights bills – business leaders are seeking to understand what their companies can do about such…more

Federal Election Commission (FEC), Georgia, Political Campaigns, Political Expression, Political Speech

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Key Takeaways from Knoxville and Knox County Phased Reopening Plan

On April 27, 2020, a joint city/county task force convened by the Knox County Health Department released "A Community Strategy for Phased Reopening," a comprehensive and collaborative plan for the gradual, phased-in reopening of…more

Business Operations, Coronavirus/COVID-19, Public Health, Risk Management

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Fundamentals of CMS Updates to Appendix PP of the State Operations Manual: Residents' Rights

F557: Respect, Dignity/Right to Have Personal Property Noncompliance at deficiency tag F557 will be cited if the surveyors find that a facility does not treat each resident's possessions with respect, regardless of the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Facilities, Long Term Care Facilities, Nursing Homes

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Reminder: Beginning January 1, 2023, Virginia "Pay-if-Paid" Clauses No Longer Valid

On January 1, 2023, SB 550 will take effect, invalidating pay-if-paid clauses in construction contracts in Virginia. With this change on the immediate horizon, contractors should update their contracts and policies to adapt…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, Pay if Paid

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HHS Announces $5 Million for Cancer Screenings at Health Centers with June 15 Application Deadline

In a recent press release, the U.S. Department of Health and Human Services (HHS) announced the availability of $5 million for community health centers to increase equitable access to life-saving cancer screenings. Grant…more

Cancer, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Coronavirus: Impact on Office, Retail and Industrial Leases

The intensity with which the COVID-19 outbreak and the response to it has escalated continues to impact both landlords and tenants under commercial leases. It is safe to say that landlords and tenants will be viewing certain…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Common Ground

Last summer, our Firm's Diversity and Inclusion Committee featured a special interview, titled "Common Ground" between Baltimore Shareholder Alison Schurick and Baltimore Associate Stefanie Doyle in an issue of our Firm's…more

Career Development, Law Firm Associates, Mentors, Professional Development, Professional Networking

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NLRB Challenges Overly Broad Confidentiality and Non-Disparagement Provisions in Severance Agreements

Earlier this week, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers who offer severance agreements to employees with broad non-disparagement or confidentiality provisions…more

Confidentiality Agreements, Employee Rights, NLRB, Non-Disclosure Agreement, Section 7

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Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused…more

Commercial General Liability Policies, Construction Defects, Occurrence, Property Damage

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Two's Company, Three's A Crowd: Three-Way Split Sets Stage for Supreme Court Review of FLSA Collective Actions

On May 19, 2023, the Sixth Circuit Court of Appeals issued a decision creating a three-way split among federal courts on the handling of collective actions filed under the Fair Labor Standards Act (FLSA). In deciding whether and…more

Class Action, Collective Actions, Fair Labor Standards Act (FLSA), Wage and Hour

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Biden Administration Nominations and Appointments

On Wednesday January 20, 2021, we saw the inauguration of the 46th President of the United States, Joseph R. Biden, Jr. His first task as president was signing 17 executive orders addressing issues related to COVID-19, climate…more

Biden Administration, Popular, Presidential Appointments, Presidential Nominations, Public Policy

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Baker's Dozen - Tips and Insights on Partnering to Advance Women

Well-established data shows that businesses with increased women leadership outperform less diverse leadership teams financially, culturally, and in client engagement. There is less information available, however, documenting…more

Career Development, Diversity, Leadership, Professional Development

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A Victory for Qualified Immunity. A Trend to Continue?

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions…more

Excessive Force, Fourth Amendment, Law Enforcement, Qualified Immunity, SCOTUS

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Louisiana Rolls Out Regulatory Scheme for Medical Marijuana

After enacting legislation in 2015 authorizing the recommendation of medical marijuana to qualifying patients, Louisiana has finally established a regulatory system that could make medical marijuana available late this summer…more

Agricultural Sector, Licensing Rules, Marijuana Cultivation, Medical Marijuana, Pharmacies

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Protected Activity? Think Again.

It is widely known that employers are prohibited from retaliating against employees for engaging in "protected activity." But what is "protected activity?" Unfortunately, the definition of "protected activity" varies widely…more

Anti-Retaliation Provisions, Corporate Counsel, False Claims Act (FCA), Protected Activity, Retaliation

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Directors and Officers: Key Considerations for Continued Response to COVID-19

As COVID-19 cases spike in many jurisdictions throughout the Southeast, corporations are forced to quickly adapt to an ever-changing environment. Despite the need to act quickly, corporate boards must remain mindful of, and…more

Board Members, Coronavirus/COVID-19, Corporate Governance, Corporate Officers, Directors

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Tennessee's DAO Statute: A Trendsetter For Blockchain-Based Corporate Governance

On April 20, 2022, Tennessee Governor Bill Lee signed into law a bill to allow decentralized autonomous organizations (DAOs), to register as a type of limited liability company. As the second U.S. state to grant legal status to…more

Blockchain, Corporate Governance, Information Technology, Limited Liability Company (LLC), Popular

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NLRB Overrules 2016 Browning-Ferris Decision on Joint Employer Liability

On December 14, 2017, the National Labor Relations Board (NLRB) overruled its 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (Browning-Ferris), and reinstated the "direct and immediate" standard to…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Joint Employers, NLRA

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Civil Rules Committee Decides Companies Must Have Right to Choose 30(b)(6) Designees

Last year, the Rule 30(b)(6) Subcommittee of the Civil Rules Advisory Committee began considering a proposed change to Federal Rules of Civil Procedure 30(b)(6)…more

Depositions, FRCP 30(b)(6), Proposed Amendments

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Texas Lifts Statewide Mask Order and Reduced Capacity Restrictions

On March 2, 2021, Texas joined the list of 11 states that have lifted or lessened their COVID-19 restrictions. Governor Abbott issued an Executive Order, to be effective on March 10, 2021, beginning the re-opening of Texas in…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Executive Orders, Governor Abbott

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OIG Approves Smartphone Loaner Program in Advisory Opinion 19-02

The Office of Inspector General (OIG) approved in Advisory Opinion 19-02 a pharmaceutical manufacturer's proposal to implement a loaner program involving limited functionality smartphones containing technology that is integral…more

Advisory Opinions, Anti-Kickback Statute, Beneficiary Inducement, Civil Monetary Penalty, OIG

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Spotlight on Georgia: After Wayfair, Sales and Use Tax Compliance for Georgia E-Commerce

The U.S. Supreme Court's decision in South Dakota v. Wayfair, Inc. et al. represents a significant change in the sales tax collection and remitting responsibilities of all businesses, large and small, selling at retail across…more

E-Commerce, Georgia, Internet Retailers, Interstate Commerce, Out-of-State Companies

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U.S. Tax Considerations for Corporate Dealings in Cuba

On March 1, 2016, the Internal Revenue Service (IRS) issued Revenue Ruling 2016-8, which removed Cuba from a blacklist of foreign countries that are denied certain favorable tax rules under the Internal Revenue Code (IRC). The…more

Corporate Taxes, Cuba, Foreign Relations, Foreign Tax Credits, Internal Revenue Code (IRC)

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Final Build America, Buy America Act Guidance Released, Tightening U.S. Content Requirements For Federally Funded Infrastructure Projects

The Office of Management and Budget (OMB) recently released guidance for the Build America, Buy America Act (BABA), which was enacted in November 2021 as part of the Infrastructure Investment and Jobs Act (IIJA)…more

Buy American Act, Construction Industry, Electric Vehicles, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Is This the Beginning of an End to a Long Controversial Debate on Concurrent Surgeries?

Concurrent Surgeries and National Spotlight According to recent guidelines published by the American College of Surgeons (ACS) as Statements on Principles, concurrent (or simultaneous) surgeries occur when “the critical or…more

ACS, Health Care Providers, Hospitals, Surgery

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Alabama Federal Court Finds Corporate Transparency Act Unconstitutional

The United States District Court for the Northern District of Alabama (Northeastern Division) held the Corporate Transparency Act (herein the CTA) to be unconstitutional. This decision, which came out on March 1, 2024, is…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Tight Around the White Collar – The New Overtime Rule is Here

As anticipated, the U.S. Department of Labor (DOL) published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA) yesterday, April 23, 2024. The new rule requires…more

Department of Labor (DOL), Employer Responsibilities, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Over-Time

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Nursing Homes a Top Area of Focus in Presidential State of the Union Address

As part of his State of the Union address on Tuesday night, President Joe Biden focused on nursing homes as among the most important issues our nation is currently facing. While his speech did not devote a lot of time to the…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, Nursing Homes

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Analyzing Whether Section 18(I) of the Investment Company Act Really Permits Closed-End Funds to Opt In to the Maryland Control Share Acquisition Act

Section 18(i) of the Investment Company Act of 1940 (the Act) requires, except as set forth in therein and "as otherwise required by law," that each share of stock issued by a registered closed-end fund "shall be a voting stock…more

Broker-Dealer, Investment Adviser, Investment Company Act of 1940, Investment Management, Securities and Exchange Commission (SEC)

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Alabama Gaming Legislation Approved by State House of Representatives

The Alabama legislature is prioritizing gaming legislation in its 2024 session, with the Alabama House of Representatives passing the legislation yesterday, February 15. The legislation outlines license allocations, terms and…more

Alabama, Casinos, Economic Development, Gaming, Hospitality Industry

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What You Need to Know About the Updated Health Care Fraud Self-Disclosure Protocol

As part of the Department of Health and Human Services' (HHS) ongoing evaluation of its self-disclosure process, the Office of the Inspector General (OIG) recently issued an update to the newly renamed Healthcare Fraud…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Fraud, OIG, Self-Disclosure Requirements

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Forever Chemicals, Forever a Problem? PFAS Impact Business Considerations Through State and Federal Regulations

In August 2022, the Environmental Protection Agency (EPA) proposed in the Federal Register to designate two per- and poly-fluoroalkyl substances (collectively PFAS) as hazardous substances (the Proposed Rule) under the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Faith: RBG - May Her Memory Be a Blessing

There is a Jewish teaching that says that those who die just before the Jewish New Year (Rosh Hashanah) are the ones God has held back until the last moment because they were needed most and were the most righteous. And so it…more

Ruth Bader Ginsberg, Supreme Court Justices, Women in the Law

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Spotlight on South Carolina: After Wayfair, Sales and Use Tax Compliance for E-Commerce in South Carolina

The U.S. Supreme Court's decision in South Dakota v. Wayfair, Inc. et al. has affected a significant change in the sales tax collection and remitting responsibilities of all businesses, large and small, that are selling at…more

E-Commerce, Internet Retailers, Interstate Commerce, Out-of-State Companies, Physical Presence Test

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[Webinar] Fraud and Commercial Loan Transactions: From Suspicion to Investigation - April 17th, 10:00 am - 11:00 am CT

Join Baker Donelson for an insightful panel discussion focusing on implementing best practices when suspicions of fraud arise after the closing of a commercial loan transaction. Our panelists will evaluate several common…more

Best Practices, Commercial Loans, Continuing Legal Education, Financial Services Industry, Fraud

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SOFR: The Secured Overnight Financing Rate

Changes are coming for the interest rate benchmark lenders use to finance long term care facilities. The long-standard benchmark, the London Interbank Offered Rate (LIBOR), is being replaced by the Secured Overnight Financing…more

Benchmarks, Financial Stability Board, Interest Rates, Libor, Secured Overnight Funding Rate (SOFR)

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United States Supreme Court Confirms Business Registration as Means for Consent to Personal Jurisdiction

On Tuesday, the United States Supreme Court held, in a fractured opinion in Mallory v. Norfolk Southern Railway, that if a state requires a foreign entity to consent to personal jurisdiction through its business registration…more

Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment, General Jurisdiction

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A Focus on Public Water Systems: The Much-Anticipated Regulation of PFAS in Drinking Water Has Begun

In 2021, the U.S. Environmental Protection Agency (EPA) introduced the "PFAS Strategic Roadmap," which established a "whole agency" approach to addressing per- and polyfluoroalkyl substances (PFAS). As part of its strategy, on…more

Compliance Monitoring, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Common Ground

For this issue's "Common Ground" column, Atlanta Associate Jonathan Stuart, a commercial/business litigation associate, spoke with Vivien Peaden, an of counsel specializing in data privacy, security, and technology transactions,…more

Diversity, Diversity and Inclusion Standards (D&I), Employees, Professional Development, Relationship Development

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CMS Issues Proposed Remedy for 340B-Acquired Drug Payment Policy

On Friday, July 7, The Centers for Medicare & Medicaid Services (CMS) published its proposed rule to remedy payment rates the Supreme Court held invalid in a ruling last summer. A key component of the remedy is maintaining…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Hospitals, Outpatient Prospective Payment System (OPPS)

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2022 Distance Learning and Telemedicine Grant Open for Hospitals and Education Systems

An annual grant funding opportunity has opened for both for-profit and nonprofit rural hospitals and education systems in purchasing telecommunication equipment to further advance distance learning and telemedicine (DLT)…more

Grants, Hospitals, Remote Learning, Rural Areas, Rural Health Care Providers

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Z: The Next Generation Entering The Workforce

Managing staff can be difficult under the best of circumstances – but there are specific challenges that can arise when the workforce is comprised of so many different generations of people. Currently, there are four generations…more

Baby Boomers, Gen-Xers, Millennials

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Considerations for C Corporations Making a 2016 Conservation Easement Gift

When considering making a conservation easement gift, there are a number of steps involved, including the creation of multiple documents, appropriate due diligence and other tasks required to implement and substantiate such a…more

C-Corporation, Conservation, IRS, Tax Deductions, Valuation

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D.C. Council Passes Emergency Legislation to Close "Gifting Shops" in the District

The D.C. Council passed emergency legislation on January 9, 2024, in furtherance of its effort to close the D.C. cannabis industry's "gray market." The "gray market" is the cannabis industry that was created when D.C. legalized…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Marijuana, Marijuana Related Businesses, Medical Marijuana

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CMS Approves New Group Information Form under Self-Referral Disclosure Protocol

Following the comment period that ended on August 8, 2022, the Centers for Medicare and Medicaid Services (CMS) recently finalized changes to the Self-Referral Disclosure Protocol (SRDP) for physician practices to disclose group…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, OMB, Physicians, Self-Referral

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Fifth Circuit Declares SEC's Quasi-Judicial Process Unconstitutional

On May 18, 2022, the Fifth Circuit issued its opinion in Jarkesy v. SEC, holding that: (1) the Securities and Exchange Commission's (SEC's) in-house adjudication of Petitioners' case violated their Seventh Amendment right to a…more

Adjudicatory Process, Administrative Law Judge (ALJ), Jury Trial, Securities and Exchange Commission (SEC), Seventh Amendment

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Spotlight on Mississippi: After Wayfair, Sales and Use Tax Compliance for Mississippi E-Commerce

The U.S. Supreme Court's decision in South Dakota v. Wayfair, Inc. et al. represents a significant change in the sales tax collection and remitting responsibilities of all businesses, large and small, selling at retail across…more

E-Commerce, Internet Retailers, Interstate Commerce, Out-of-State Companies, Physical Presence Test

See all updates »

Civil Rules Committee Decides Companies Must Have Right to Choose 30(b)(6) Designees

Last year, the Rule 30(b)(6) Subcommittee of the Civil Rules Advisory Committee began considering a proposed change to Federal Rules of Civil Procedure 30(b)(6)…more

Depositions, FRCP 30(b)(6), Proposed Amendments

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AAA Amends its Construction Industry Arbitration Rules

For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction…more

American Arbitration Association, Arbitration, Construction Disputes, Construction Industry, Discovery

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Class Action Lawsuits Attack Banks' Implementation of CARES Act Lending Program

As a result of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), more than 1.6 million businesses received $349 billion in forgivable loans to pay their employees and certain other operating expenses during…more

Banks, Borrowers, CARES Act, Class Action, Coronavirus/COVID-19

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The Hinman Standard: A Potential Path Forward in Token Offerings

In a recent post on Medium, the Blockchain Association, a Washington, D.C.-based trade association for the blockchain industry, called on the Securities and Exchange Commission (the SEC) and Congress to adopt a clear regulatory…more

Bitcoin, Blockchain, Digital Currency, Securities and Exchange Commission (SEC)

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Strategic Considerations in the Rapidly Changing Banking Environment

On March 10, 2023, the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) closed Silicon Valley Bank (SVB) after a deposit outflow created a severe liquidity strain…more

Banking Sector, Banks, FDIC, Federal Reserve, Financial Institutions

See all updates »

Five Critical Considerations for Hospitality Businesses Implementing EV Infrastructure

Electric Vehicles (EVs) are swiftly moving from a niche market into the mainstream. As this transition occurs, savvy hotels and restaurants are taking advantage of the relatively benign regulations and adding EV charging…more

Charging Stations, Electric Vehicles, Hospitality Industry, Hotels, Infrastructure

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Trends in Overdraft Fee and NSF Litigation

There has recently been an increase in class action lawsuits against banks and credit unions challenging the manner in which those institutions charge overdraft and non-sufficient funds fees. This alert provides an overview on…more

Banking Sector, Banks, Disclosure Requirements, Financial Institutions, Overdraft Fees

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Will FDCPA Apply to Non-Judicial Foreclosures?

Does the Fair Debit Collection Practices Act (FDCPA) apply to non-judicial foreclosures? This is a question of enormous import to the mortgage servicing industry, as the FDCPA is a common subject for class action claims and…more

FDCPA, Financial Services Industry, Mortgage Servicers, Mortgages, Non-Judicial Foreclosures

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Employment Law Update: U.S. Supreme Court Declares EEOC Charge Requirement Non-Jurisdictional

The U.S. Supreme Court held today, June 3, 2019, that the requirement set forth in Title VII for a complainant to file a charge of discrimination with the EEOC and go through the administrative process prior to suit is…more

Affirmative Defenses, Amended Complaints, Appeals, Charge-Filing Preconditions, Civil Rights Act

See all updates »

Five Steps Every Operator Should Take Before a Sale (Even If You Aren't Planning to Sell)

Selling a long term care facility is a labor-intensive process, and one that often must be kept confidential until the sale occurs. During this time, the seller has a duty to provide due diligence to the purchaser. It can be…more

Acquisitions, Due Diligence, Letters of Intent, Long Term Care Facilities, Purchase Agreement

See all updates »

Baker's Dozen: What Are Your Best "Balance" Tips?

We recently asked our Firm's "Women to Equity" class members about their best tips on achieving "balance." These women, are all on a path towards equity, balancing busy work schedules and client relationships with their…more

Law Firm Associates, Professional Development, Women in the Law, Young Lawyers

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Statute of Limitations Change in Human Trafficking Litigation for Minors

The hospitality industry has seen an uptick in recent litigation related to human trafficking. Thus far, franchisors have been successful in certain trial and appellate courts in arguing that Trafficking Victims Protection…more

Hospitality Industry, Human Trafficking, Minors, Statute of Limitations

See all updates »

The Biden Infrastructure Plan

Released last week, the Biden infrastructure plan contains a few surprises, such as its reliance on corporate and individual tax increases to fund it and the broad scope of "infrastructure". Reaction to the plan has been…more

Biden Administration, Bridges, Construction Industry, Electric Vehicles, Funding

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Baker's Dozen: Best Self-Care Tips

Self-care is not self-indulgence. Self-care is self-respect. In a busy world of work, family, community, charitable, religious, etc. responsibilities, we are pulled in so many directions…more

Best Practices, Professional Development, Women in the Law

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Creating Holiday Policies for a Diverse Workforce

Attracting diverse talent comes with a wealth of benefits to any company but retaining diverse talent, each with varying backgrounds, cultures, and experiences, also comes with a challenge: how to implement policies that…more

Diversity, Employees, Holiday Leave, Paid Time Off (PTO), Time-Off Policies

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Employers: Do Not Wait to Demand Arbitration

The Supreme Court this term issued rulings in several cases involving arbitration. In Morgan v. Sundance, Plaintiff Robyn Morgan, who worked at a Taco Bell franchise owned by Sundance, filed a class action lawsuit against her…more

Arbitration, Arbitration Agreements, Employment Contract, Federal Arbitration Act, Mediation

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"ZOOM-ing" In on Virtual Trials: Four Key Considerations for Success

COVID-19 has touched nearly every aspect of personal and professional life. The legal profession has not been spared, with nearly every court in the country implementing systems to reduce the number of in-person court…more

Remote Hearings, Trials, Virtual Meetings, Virtual Witnessing, Witnesses

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Baker's Dozen: What Are Your Best "Balance" Tips?

We recently asked our Firm's "Women to Equity" class members about their best tips on achieving "balance." These women, are all on a path towards equity, balancing busy work schedules and client relationships with their…more

Law Firm Associates, Professional Development, Women in the Law, Young Lawyers

See all updates »

Borrowers Should Build a Record to Prepare for PPP Loan Forgiveness Appeals

The Small Business Administration's (SBA) Paycheck Protection Program (PPP) loan forgiveness data shows that more than 182,000 PPP loan forgiveness applications are currently "under review" by the SBA. A March 22, 2021 joint…more

Borrowers, Financial Services Industry, Loan Forgiveness, Loans, Paycheck Protection Program (PPP)

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Collaborative Compliance: Tax and Employment – Old Issues, New Lens

Remote Workers: Tax And Employment Landmines For Companies To Navigate - The pandemic is ending, or at least there is light at the end of the tunnel as vaccines are being administered and employees are coming back to the office…more

Remote Working, Tax Planning, Telecommuting, Wage and Hour, Withholding Tax

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A Special Sit-Down with Baker Alum Judge Ruthie Hagan

Before leaving Baker Donelson's Memphis office to become one of the most recent appointees to the U.S. Bankruptcy Court for the Western District of Tennessee, Judge Ruthie Hagan was a friend and mentor to many. Appointed in…more

Career Development, Judges, Mentors, Professional Development, Women in the Law

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USCIS Reminders: Increased Filing Fees, Additional Asylum Program Fee, and Extended Premium Processing Times

USCIS published a final rule (the Final Rule) on January 31, 2024, increasing certain filing fees that went into effect on April 1, 2024…more

Asylum, Filing Fees, Foreign Workers, Form I-129, Form I-140 Petitions

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Vaccine Mandates: What Employers Need to Know

Governments and private employers continue to grapple with how to achieve a safe workplace for their employees in light of COVID-19 and the Delta variant. Due to recent and ongoing changes in the legal landscape, the trend…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation

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503(b)(9) Claims in Bankruptcy: Understanding the "Golden Ticket" Administrative Claim

When a debtor files for bankruptcy, its creditors line up to receive payment in order of priority, with claims of vendors and suppliers typically at or toward the back of the line, often receiving pennies on the dollar. Despite…more

Bankruptcy Code, Section 503(b)(9)

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Featuring: Off-the-Record Mentoring

A structured, formal mentoring plan is an important part of any female professional's career path. Helping the next generation of female leaders through mentoring has been shown to be enormously helpful to both parties. However,…more

Career Development, Young Lawyers

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Low-Income Community and Energy Community Bonus Tax Credits for Clean Energy Projects

The following is an overview of guidance regarding the Inflation Reduction Act's (IRA) Low-Income Communities Bonus Credit Allocation Program (LIC Bonus) and the Energy Community Tax Credit Bonus…more

Clean Energy, Energy Projects, Energy Sector, Investment Tax Credits, Tax Credits

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New Wage Regulations Dramatically Increase the Number of Hourly Workers

Yesterday, the U.S. Department of Labor (DOL) proposed new regulations that will dramatically increase the number of employees who must be paid on an hourly basis. Before today, employees who earned $455.00 per week (or…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), NPRM, Wage and Hour

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Florida's Broad New COVID-19 Liability Protections

On March 29, 2021, when Governor Ron DeSantis signed Senate Bill 72 into law, Florida became the largest of a growing number of states to implement broad COVID-19 liability protections applicable to businesses, health care…more

Business Entities, Coronavirus/COVID-19, Damages, Educational Institutions, Florida

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Department of Justice Announces Criminal Prosecution Protection for Voluntary Self-Disclosures Related to Mergers & Acquisitions

The Department of Justice continues to incentivize companies to engage in conduct that proactively demonstrates a commitment to operate in compliance with applicable laws and regulations. Building on the implementation of…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Self-Disclosure Requirements, Voluntary Disclosure

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New Medicaid DSH Audit Guidance: Its Impact on Pending and Recent State DSH Audits

On December 31, 2018, the Center for Medicaid and CHIP Services issued a notice indicating that CMS was altering its prior audit guidance for Medicaid Disproportionate Share Hospital (DSH) audits that had previously been issued…more

Appeals, Audits, Centers for Medicare & Medicaid Services (CMS), Conflicting Proposals, Disproportionate Share Adjustments

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Pharmacies: Watch Out for Future HHS Crackdowns on Security Rule Violations

As we all know by now, HIPAA required the Secretary of the U.S. Department of Health and Human Services (HHS) to adopt regulations protecting the privacy of "protected health information" (PHI). HHS responded to that requirement…more

Covered Entities, Cybersecurity, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Healthcare

See all updates »

SEC Climate Change Resources for Public Company Disclosures

In 2021, the U.S. Securities and Exchange Commission (SEC) announced its renewed focus on climate change disclosures in public company filings and created a Climate and Environmental, Social and Governance (ESG) task force. As…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Top Privacy and Cybersecurity Issues to Track In 2024

In recognition of International Privacy Day on January 28, we wanted to share some insights on the top privacy and cybersecurity issues for the new year. Data privacy and cybersecurity will continue to be one of the most…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Cyber Threats, Cybersecurity

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Pro Bono Collaboration – Part 2

In our last issue, we highlighted the joint effort of Baker Donelson's Diversity and Inclusion and Pro Bono Committees to support the American Bar Association's Civil Rights Civics Institute (CRCI). This CRCI project gathered…more

American Bar Association (ABA), Diversity, Pro Bono, Students

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Keeping EB-5 Regional Centers Alive

EB-5 regional centers approved before the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) have been given new clarity and mercy about the new Integrity Fee, but they remain in limbo about filing I-956 amendments and…more

EB-5, EB-5 Regional Centers, Foreign Investment, Investors, USCIS

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Coronavirus: Force Majeure and Managing Your Business Risk, Part 3

Moving Forward – How to Negotiate Future Contracts - Until the recent COVID-19 pandemic, whether you included a force majeure clause in a contract, and more specifically, what that language meant, likely drew little attention…more

Contract Negotiations, Coronavirus/COVID-19, Force Majeure Clause, Risk Management

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"Let's Stay Together" - Managing The Changing Relationships Between Hospitals and Skilled Nursing Facilities

Skilled nursing facilities (SNFs) owned or operated by hospitals (hospital-owned SNFs) have a demonstrated track record of delivering positive outcomes for post-acute care patients. Such success, however, has not been without…more

Critical Access Hospitals, Health Care Providers, Healthcare Facilities, Hospitals, Long Term Care Facilities

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Key Health Care Extenders Expiring During the 116th Congress

As the House and Senate returned from August recess, the 116th Congress remained in a political impasse with respect to what they can accomplish before they adjourn in December. Included on their list of priorities is a…more

CARES Act, Health Care Providers, Home Health Agencies, Medicaid, Medicare

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Coronavirus: How Louisiana Businesses Can Apply For SBA Economic Injury Disaster Loans

On March 17, 2020, Louisiana Governor John Bel Edwards officially requested the Small Business Administration to provide Economic Injury Disaster Loans to all Louisiana parishes. Effective immediately, Louisiana businesses may…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, SBA, Small Business, Small Business Loans

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Virginia Supreme Court's Ruling in Wegmans Case Could Endanger Future Commercial Real Estate Development in the State

On February 2, in Morgan v. Board of Supervisors of Hanover County, the Supreme Court of Virginia ruled against the county zoning board's approval of the Wegmans grocery chain's construction of a distribution center. This…more

Construction Project, Real Estate Development, VA Supreme Court

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Déjà Vu All Over Again: NLRB Returns to a Restrictive Employee Handbook Standard

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) issued an important decision in Stericycle, Inc. in which it overruled the precedent that had afforded employers a greater amount of latitude in crafting…more

Collective Bargaining, Employee Rights, Labor Relations, NLRA, NLRB

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More Than a Pipedream: Texas LNG Export Terminals Reauthorized by Federal Energy Regulatory Commission

On April 21, 2023, the Federal Energy Regulatory Commission (FERC) issued two Orders on Remand, once again giving Texas LNG Brownsville LLC and Rio Grande LNG LLC the green light to proceed with their not-yet-built export…more

Climate Change, Energy Sector, FERC

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Tax Refund Process and Related Points Resulting from Constitutional Issue with Franchise Tax

A compromise version of House Bill 1893/Senate Bill 2103 was passed by both Legislative Chambers on April 25, 2024 (the Bill). Subject to Governor Lee signing the Bill into law (which is expected to occur), the following is our…more

Amended Tax Returns, Franchise Taxes, SALT, State Legislatures, Tax Credits

See all updates »

FEMA Denies Public Assistance to County Government for Contact Tracing, Social Distancing, and Teleworking to Prevent the Spread of COVID-19

In a recent Second Appeal decision, the Federal Emergency Management Agency (FEMA) denied Scott County, Iowa's (the County) claims for Public Assistance (PA). From March 11-August 20, 2020, the County purchased contract services…more

Contact Tracing, Coronavirus/COVID-19, FEMA, Public Assistance

See all updates »

FY 2024 Hospice Payment Rate Updated Proposed Rule

On April 4, 2023, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule for FY 2024 addressing the Hospice Wage Index and Payment Rate Update, Hospice Conditions of Participation Updates, Hospice Quality…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Home Health Care, Hospice, Medicare

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Year-End 2019 Asset Sales May Result in Increased Tax Savings Under the Qualified Opportunity Zone Program

The Qualified Opportunity Zone Program enacted as part of the Tax Cuts and Jobs Act not only allows taxpayers to defer paying tax on capital gains arising from the sale of capital assets, but also to exclude from tax up to 15…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Tax Cuts and Jobs Act

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Tax Refund Process and Related Points Resulting from Constitutional Issue with Franchise Tax

A compromise version of House Bill 1893/Senate Bill 2103 was passed by both Legislative Chambers on April 25, 2024 (the Bill). Subject to Governor Lee signing the Bill into law (which is expected to occur), the following is our…more

Amended Tax Returns, Franchise Taxes, SALT, State Legislatures, Tax Credits

See all updates »

A Focus on Public Water Systems: The Much-Anticipated Regulation of PFAS in Drinking Water Has Begun

In 2021, the U.S. Environmental Protection Agency (EPA) introduced the "PFAS Strategic Roadmap," which established a "whole agency" approach to addressing per- and polyfluoroalkyl substances (PFAS). As part of its strategy, on…more

Compliance Monitoring, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Tips for Long Term Care Providers' Prevention of and Defending Against Quality of Care Allegations

Quality of care allegations against long term care providers are a focus for the Biden administration, the Department of Justice (DOJ), and the HHS-OIG – all of whom are targeting providers whom they deem to be providing grossly…more

Compliance, Department of Justice (DOJ), Health Care Providers, Long Term Care Facilities, Long-Term Care

See all updates »

The Third District Court of Appeal Affirms Carrier's Prejudice/Late-Notice Defense

One of a policyholder's primary contractual duties after suffering a potential loss is to provide prompt notice to the insurer. Prompt notice is often described as a condition precedent to insurance coverage. In fact, Florida…more

Insurance Claims, Insurance Industry, Late Notices, Policy Terms, Prejudice

See all updates »

AI at Work: Employers Must Balance the Power and Peril of Big Data in 2023

This is the first in a series of alerts that will address what businesses should consider as they navigate employment laws, data privacy and compliance challenges in deploying artificial intelligence to scale their business…more

Algorithms, Artificial Intelligence, Bias, Big Data, Data Privacy

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Five Tips for Preparing a Testifying Expert for Trial

Under the Federal Rules of Civil Procedure and applicable state court rules, qualified experts may provide opinion testimony at trial, enhancing the presentation of your case. An expert witness who has not been properly…more

Depositions, Litigation Strategies, Trial Preparation, Witness

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Soothing Range Anxiety: Tips for EV Manufacturers and Sellers

The long-predicted transition from internal combustion-powered vehicles to electric vehicles (EVs) is now truly underway, with manufacturing plans and government incentives aligned to speed that transition along. Although there…more

Automotive Industry, Electric Vehicles, Environmental Protection Agency (EPA), Federal Trade Commission (FTC), Infrastructure

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Baker's Dozen – "Tips on the Way to the Top"

We asked for tips people would give to their younger selves. 1. The best advice I can share came from my daughter Stella Kate recently. When a particularly difficult case took many unexpected twists and turns, Stella calmly…more

Professional Development, Women in the Law, Young Lawyers

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Coronavirus: FDA Offers Guidance for Food Industry Stakeholders

On March 18, 2020, the United States Food & Drug Administration (FDA) held a call to answer questions from food industry stakeholders related to the impact of Coronavirus Disease 2019 (COVID-19), with an emphasis on food safety…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Infectious Diseases, Public Health

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Hurricane Season is Here – Are You Ready for FEMA Funding?

When a hurricane or other natural disaster hits, public and private non-profit entities often look to the Federal Emergency Management Association (FEMA) for financial assistance. But obtaining and keeping FEMA Public Assistance…more

Disaster Preparedness, FEMA, Financial Assistance Policies, Hurricane Season, Natural Disasters

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Sound, Speed, and Distance - The Second Circuit Allows Use of SVDR Data as Evidence in Maritime Casualty

In a Summary Order dated March 13, 2014, the United States Court of Appeals for Second Circuit affirmed a summary judgment of the Southern District of New York, which ruled in favor of a vessel owner based on data of the ship's…more

Data Recovery, Evidence, Telecommunications, Vessels

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OSHA Issues Guidelines for Oil and Gas Industry Workers and Employers

The Occupational Safety and Health Administration (OSHA) recently issued guidelines for oil and gas workers and employers during the Coronavirus (COVID-19) pandemic. While similar to guidelines issued previously by various…more

Coronavirus/COVID-19, Energy Sector, Health and Safety, Oil & Gas, OSHA

See all updates »

Remote Depositions: A Great Tool for Litigators During Coronavirus

Litigators can strike a balance between actively moving their cases forward and adhering to coronavirus guidance and orders by remotely conducting depositions. To conduct a successful remote deposition, litigators should…more

Coronavirus/COVID-19, Depositions, Litigation Strategies, Remote Depositions, Trial Preparation

See all updates »

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Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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