Balch & Bingham LLP

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1901 Sixth Avenue North
Suite 1500
Birmingham, AL 35203-4642, United States
Phone: (205) 251-8100
Fax: (205) 226-8799
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Mississippi
  • Texas
Number of Attorneys
100+ Attorneys

Three Key Estate Planning Documents to Review During Uncertain Times

It remains vital to ensure that your family has a proper estate plan, including, at a minimum, three key documents…more

Beneficiaries, Beneficiary Designations, Coronavirus/COVID-19, Estate Planning, Infectious Diseases

See all updates »

Eleventh Circuit Affirms $380.5M Class Action Settlement in Equifax Data Breach Litigation

Last week, the United States Court of Appeals for the Eleventh Circuit affirmed the $380.5M settlement in the Equifax data breach class actions – a settlement which the district court called “the largest and most comprehensive…more

Class Action, Class Members, Corporate Counsel, Data Breach, Equifax

See all updates »

Eleventh Circuit Affirms Bank Directors’ Negligence in Approving Risky Loans

The Eleventh Circuit recently considered a negligence claim brought by the FDIC against directors of a Georgia community bank. Before the 2008 financial crisis, Buckhead Community Bank undertook a growth strategy to expand the…more

Banking Sector, Banks, FDIC, Financial Institutions, Loans

See all updates »

2017 Regulatory Policy Forecast: Environmental & Energy Policy

ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring. A…more

Barack Obama, Biofuel, Clean Air Act, Clean Power Plan, Clean Water Act

See all updates »

[Webinar] Predicting the Unpredictable: Forecasting Growth and Consolidation in Energy/Oil & Gas - December 8th, 12:00 pm - 1:00 pm CT

Are you positioning your business for growth or consolidation opportunities in 2021? Join Balch & Bingham’s Houston lawyers to hear their perspectives on how to plan now to achieve next year’s goals and maximize potential…more

Acquisitions, Business Opportunities, Capital Markets, Commercial Bankruptcy, Creditors

See all updates »

COVID-19 Checklist for Contractors

COVID-19 is obviously having drastic effects on all aspects of life, and the construction industry is no exception…more

Construction Contracts, Construction Industry, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

See all updates »

Wait, How Many Trucks? Ash Pond Closure by Removal

Utilities around the country have developed preliminary closure plans for surface impoundments storing coal ash, gypsum, and other coal combustion residuals (CCR). Some ash ponds are already in the process of closing. To close,…more

Coal Ash, Coal Industry, Contaminated Properties, EPA, Groundwater

See all updates »

Summary of Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 25, 2020, the Senate voted 96-0 to approve the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The House is expected to vote on this bill on Friday, March 27…more

Airlines, CARES Act, Coronavirus/COVID-19, Direct Payments to Families and Individuals, Educational Institutions

See all updates »

Reopening for Business: Preliminary Considerations for Employers

President Trump’s Guidelines for Opening Up America Again set out a three-phased approach for reopening states with each phase lasting 14 days. However, the actual reopening process is determined by state and local governments…more

Business Operations, Coronavirus/COVID-19, Health and Safety, Public Health, Re-Opening Guidelines

See all updates »

Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) Is Enacted Into Law

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Below is a summary of the Act and describes who it will affect and how it will apply…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

FERC Takes Action to Spur Transmission Planning and Expansion Across Jurisdictional Boundaries

At its June open meeting, the Federal Energy Regulatory Commission announced two actions aimed at supporting transmission planning across jurisdictional boundaries. The first action establishes a Joint Federal-State Task Force…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

See all updates »

Eleventh Circuit Affirms $380.5M Class Action Settlement in Equifax Data Breach Litigation

Last week, the United States Court of Appeals for the Eleventh Circuit affirmed the $380.5M settlement in the Equifax data breach class actions – a settlement which the district court called “the largest and most comprehensive…more

Class Action, Class Members, Corporate Counsel, Data Breach, Equifax

See all updates »

COVID-19 Business Interruption Insurance Litigation: A Five Month Update

We reported in April that a Tuscaloosa shoe store and a Mountain Brook restaurant had filed the first Alabama business interruption cases. Five months later, we are still awaiting a definitive ruling in both…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Industry, Insurance Litigation

See all updates »

Mississippi Renewable Energy Projects Poised For Continued Growth As New Tax Incentives Go Forward

Pursuing and developing clean, renewable energy continues to play an important role in economic development momentum across the U.S. As states across the Southeast continue to grow their energy independence by prioritizing…more

Ad Valorem Tax, Biomass, Clean Energy, Energy Policy, Energy Projects

See all updates »

2015 ESRP Responses in Review

With the 2016 employer mandate tax assessment letters hitting employer desks this week, it seems like a good time to summarize our experience with the 2015 ESRP process…more

Employee Benefits, Employer Liability Issues, Employer Mandates, Form 1094, Form 1095

See all updates »

Guidance for States and Local Governments Expending Funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provides a total of $139 billion to be proportionally allocated to each state, and to certain local…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Public Health Emergency, Relief Measures

See all updates »

County of Maui and the Functional Equivalent Test for Groundwater Discharge

On Thursday, April 23, 2020, the Supreme Court issued its much anticipated opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund (“County of Maui”), No. 18-260, 2020 WL 1941966 (Apr. 23, 2020). The case came to the Supreme…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

See all updates »

SCOTUS Rules on LGBTQ+ Employment Discrimination

In a victory for LGBTQ+ rights, the United States Supreme Court, in a 6-3 decision authored by Justice Gorsuch, held employers are prohibited under Title VII from terminating employees simply because they are homosexual or…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

See all updates »

[Webinar] Predicting the Unpredictable: Forecasting Growth and Consolidation in Energy/Oil & Gas - December 8th, 12:00 pm - 1:00 pm CT

Are you positioning your business for growth or consolidation opportunities in 2021? Join Balch & Bingham’s Houston lawyers to hear their perspectives on how to plan now to achieve next year’s goals and maximize potential…more

Acquisitions, Business Opportunities, Capital Markets, Commercial Bankruptcy, Creditors

See all updates »

County of Maui and the Functional Equivalent Test for Groundwater Discharge

On Thursday, April 23, 2020, the Supreme Court issued its much anticipated opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund (“County of Maui”), No. 18-260, 2020 WL 1941966 (Apr. 23, 2020). The case came to the Supreme…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

See all updates »

Alabama Department of Revenue Announces Sales Tax Relief for Small Businesses

On March 18, 2020, the Alabama Department of Revenue (ADOR) announced that, effective immediately, ADOR is extending relief to small retail businesses that are unable to timely pay their February, March, and April sales tax…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Small Business

See all updates »

Key Provisions of the PPP Flexibility Act

KEY TAKEAWAYS - 1. Covered Period and Alternative Payroll Covered Period extended from eight weeks to the earlier of twenty-four weeks or December 31, 2020…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program Flexibility Act of 2020 (PPPFA), Payroll Taxes

See all updates »

New Proposed Rule from the CFPB Paves Way for Massive Increase in Class Actions Suits Against Financial Institutions

Last week, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule which would prohibit mandatory arbitration provisions in millions of banking contracts, including contracts with consumers for credit cards and…more

Class Action Arbitration Waivers, Comment Period, Consumer Contracts, Consumer Financial Protection Bureau (CFPB), Corrective Actions

See all updates »

FERC Takes Action to Spur Transmission Planning and Expansion Across Jurisdictional Boundaries

At its June open meeting, the Federal Energy Regulatory Commission announced two actions aimed at supporting transmission planning across jurisdictional boundaries. The first action establishes a Joint Federal-State Task Force…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

See all updates »

County of Maui and the Functional Equivalent Test for Groundwater Discharge

On Thursday, April 23, 2020, the Supreme Court issued its much anticipated opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund (“County of Maui”), No. 18-260, 2020 WL 1941966 (Apr. 23, 2020). The case came to the Supreme…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

See all updates »

No “Free House” in Florida

Last week, after much anticipation and speculation, the Florida Supreme Court decided Bartram v. U.S. Bank National Association, No. SC14-1265 (Fla. Nov. 3, 2016). To the relief of lenders, the Court rejected the borrower’s…more

FL Supreme Court, Florida, Foreclosure, Mortgages, Statute of Limitations

See all updates »

Eleventh Circuit’s “Narrow” Holding May Open Wide Disputes About Duties Under The FCRA

The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationtar Mortgage LLC provided litigants some key insights in Fair Credit…more

Credit Reporting Agencies, Credit Reports, Debt, FCRA, Financial Services Industry

See all updates »

[Webinar] Predicting the Unpredictable: Forecasting Growth and Consolidation in Energy/Oil & Gas - December 8th, 12:00 pm - 1:00 pm CT

Are you positioning your business for growth or consolidation opportunities in 2021? Join Balch & Bingham’s Houston lawyers to hear their perspectives on how to plan now to achieve next year’s goals and maximize potential…more

Acquisitions, Business Opportunities, Capital Markets, Commercial Bankruptcy, Creditors

See all updates »

Tennessee Court of Appeals Becomes First Appellate Court to Affirm Dismissal of Class Action Challenging Multiple “Overdraft” or NSF Fees for Same Transaction or “Item.”

Earlier this year, Balch & Bingham reported on the dismissal of one of the first class actions challenging financial institutions for charging multiple “overdraft” or not sufficient funds (“NSF”) fees for the same transaction or…more

Banking Sector, Banks, Class Action, Financial Institutions, Overdraft Fees

See all updates »

Key Provisions of the PPP Flexibility Act

KEY TAKEAWAYS - 1. Covered Period and Alternative Payroll Covered Period extended from eight weeks to the earlier of twenty-four weeks or December 31, 2020…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program Flexibility Act of 2020 (PPPFA), Payroll Taxes

See all updates »

Planning for the End of the Pandemic: Things Creditors Should Be Doing Now

My seven-year-old daughter summed up the feelings of the nation and the world during dinner earlier this week: “Corona, Corona, Corona. I HATE CORONA!” (While mom and dad generally don’t allow the “h” word in our house, the…more

Borrowers, Coronavirus/COVID-19, Creditors, Landlords, Lenders

See all updates »

Legal Risks for Employers: The EEOC Guidance Providing Road Map to Employer Mandate of Vaccines Does Not Answer all Questions

The EEOC recently updated their guidelines to address an employer’s administration and mandate of COVID-19 vaccines. Topics include: Confirmation that an employer may mandate a vaccine, subject to potential accommodations under…more

ADA, Coronavirus/COVID-19, EEOC, Emergency Use Authorization (EUA), Employees

See all updates »

When Is An Overpayment “Identified?” The Answer Is In

In a highly anticipated ruling in Kane ex rel United States, et al. v. Health First, Inc., et al., a New York federal judge has issued the first judicial interpretation of the sixty-day overpayment return provision in the…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Hospitals, Medicare

See all updates »

Eviction During the COVID-19 Crisis

As the economy continues to slow and business for many comes to a halt due to the spread and uncertainty of the coronavirus (COVID-19), tenants and landlords alike are faced with the inevitable question: what happens when the…more

Coronavirus/COVID-19, Eviction, Fair Housing Act (FHA), Federal Housing Administration (FHA), Fee Agreements

See all updates »

FERC Reverses Course on QF Power Production Capacity Standard

On March 19, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order returning to its longtime standard used to determine a generating facility’s “power production capacity” for purposes of certification as a…more

Energy Sector, FERC, PURPA, Qualifying Facility, Utilities Sector

See all updates »

A Personal Guarantor Who Does Not Have an Interest in the Property Secured by the Debt Lacks Standing to Assert Wrongful Foreclosure.

In In Re: Bay Circle Properties, LLC., No. 1812536, 2020 WL 1696303 (Ala. April 8, 2020), the Eleventh Circuit dismissed an appeal by a guarantor alleging a wrongful foreclosure, because the guarantor did not own the foreclosed…more

Foreclosure, Foreclosure Sales, Guarantors, Wrongful Foreclosures

See all updates »

COVID-19 Checklist for Contractors

COVID-19 is obviously having drastic effects on all aspects of life, and the construction industry is no exception…more

Construction Contracts, Construction Industry, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

See all updates »

Third-Party Risk Management for Financial Institutions: Reassessing Risk in Light of COVID-19

As part of an effective third-party risk management program, financial institutions should perform ongoing monitoring of the third-party relationship, including review of audited financial statements and risk assessments,…more

Audits, Compliance, Coronavirus/COVID-19, Financial Institutions, Risk Assessment

See all updates »

Business Privacy Law Lessons from Proposed Settlement with Twitter

The Department of Justice (“DOJ”), on behalf of the Federal Trade Commission (“FTC”), filed a complaint and motion for entry of a stipulated order with the Northern District of California, which would require Twitter to pay…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Protection, Department of Justice (DOJ), EU-US Privacy Shield

See all updates »

Guidance for States and Local Governments Expending Funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provides a total of $139 billion to be proportionally allocated to each state, and to certain local…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Public Health Emergency, Relief Measures

See all updates »

Mississippi Supreme Court Rejects Deference to Agency Readings of Statutes

In an 8-0 decision on Thursday, June 7, the Mississippi Supreme Court announced that it will no longer give any deference to state agencies’ interpretations of their governing statutes. This marks a sharp departure from the…more

Administrative Agencies, Agency Deference, Appeals, Chevron Deference, MS Supreme Court

See all updates »

FERC Reverses Course on QF Power Production Capacity Standard

On March 19, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order returning to its longtime standard used to determine a generating facility’s “power production capacity” for purposes of certification as a…more

Energy Sector, FERC, PURPA, Qualifying Facility, Utilities Sector

See all updates »

Mississippi Renewable Energy Projects Poised For Continued Growth As New Tax Incentives Go Forward

Pursuing and developing clean, renewable energy continues to play an important role in economic development momentum across the U.S. As states across the Southeast continue to grow their energy independence by prioritizing…more

Ad Valorem Tax, Biomass, Clean Energy, Energy Policy, Energy Projects

See all updates »

CFPB Proposal Could Open the Door for Class Action Litigation

On October 7, 2015, the Consumer Financial Protection Bureau (“CFPB”) proposed a rule that would severely limit the use of arbitration clauses in many consumer financial agreements and likely increase class action litigation in…more

Arbitration, Automotive Loans, Class Action, Class Action Arbitration Waivers, Consumer Financial Protection Bureau (CFPB)

See all updates »

EPA Proposes Deadlines For Acting On Petition To Regulate PVC As Hazardous Waste

EPA is proposing to enter into a consent decree setting deadlines for the agency to act on a pending petition to list polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA)…more

Center for Biological Diversity, Comment Period, Consent Decrees, Environmental Policies, EPA

See all updates »

Third-Party Risk Management for Financial Institutions: Reassessing Risk in Light of COVID-19

As part of an effective third-party risk management program, financial institutions should perform ongoing monitoring of the third-party relationship, including review of audited financial statements and risk assessments,…more

Audits, Compliance, Coronavirus/COVID-19, Financial Institutions, Risk Assessment

See all updates »

The Email Deal That Wasn't & The Mississippi Uniform Electronic Transaction Act

Life for most of the business world is moving at least at the speed of email. It was this way pre COVID-19 and is so especially now as many people hone in their remote work skills. Studies have shown that a majority of business…more

Electronic Communications, Electronic Transaction, Email, Sales

See all updates »

Lender Must Join All Property Owners in Ejectment Action says Alabama Court of Civil Appeals

On October 19, 2018, the Alabama Court of Civil Appeals issued an opinion in Chandler v. Branch Banking & Trust Company (No. 2160999), holding that a joint owner of property at issue in an ejectment action is a necessary and…more

Ejectment, Foreclosure, Mortgages, Property Owners

See all updates »

Key Provisions of the PPP Flexibility Act

KEY TAKEAWAYS - 1. Covered Period and Alternative Payroll Covered Period extended from eight weeks to the earlier of twenty-four weeks or December 31, 2020…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program Flexibility Act of 2020 (PPPFA), Payroll Taxes

See all updates »

The Eleventh Circuit Continues to Build on Article III Standing Requirement

In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain an…more

Article III, Class Action, Corporate Counsel, Data Breach, Identity Theft

See all updates »

Eleventh Circuit Holds Commonplace Use of Letter Vendors May Violate FDCPA and Further Expands Consumer Standing in Huntstein v. Preferred Collection

To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection…more

Creditors, Debt Collection, Debt Collectors, FDCPA, Personally Identifiable Information

See all updates »

WHAT LENDERS SHOULD KNOW ABOUT ALABAMA’S QUALIFIED DISPOSITIONS IN TRUST ACT

Alabama joined approximately 20 others states this year by enacting the Qualified Dispositions in Trust Act. At its core, the Act allows individuals to enjoy asset protection found in trusts without many of the stringent…more

Alabama, Asset Protection, Debt Collection, Dispositions, Guarantors

See all updates »

FTC Adopts Policy Statement Regarding Increased Scrutiny of COPPA Violations Involving Children’s Privacy

On May 19, 2022, the Federal Trade Commission voted 5-0 to adopt a policy statement regarding increased scrutiny of the Children’s Online Privacy Protection Act (COPPA) violations involving education technology companies…more

Confidential Information, COPPA, Data Collection, FTC, Minor Children

See all updates »

Opportunity Zones Regs Are Here: Can We Start Investing Now?

By now you have probably seen that the Internal Revenue Service (the “IRS”) and the Treasury Department issued proposed regulations and Revenue Ruling 2018-29 on October 19, 2018, clarifying some of the big questions looming…more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

County of Maui and the Functional Equivalent Test for Groundwater Discharge

On Thursday, April 23, 2020, the Supreme Court issued its much anticipated opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund (“County of Maui”), No. 18-260, 2020 WL 1941966 (Apr. 23, 2020). The case came to the Supreme…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA

See all updates »

Buyers of Mississippi Real Property Relieved of Liability For Nonresident Seller Tax Withholding

The responsibility for withholding, reporting, and paying tax on the gain realized on the sale of real property by a seller who is not a resident of the State of Mississippi is now back where it belongs: with the seller. Ever…more

Amended Legislation, Buyers, Capital Gains, Department of Revenue, Non-Residents

See all updates »

Guidance for States and Local Governments Expending Funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provides a total of $139 billion to be proportionally allocated to each state, and to certain local…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Public Health Emergency, Relief Measures

See all updates »

Department of Labor Issues Q&A on Paid Sick Leave and FMLA Included in Families First Coronavirus Response Act

On March 24, the Department of Labor issued some initial questions and answers regarding the new paid sick leave and expanded FMLA set forth in the Families First Coronavirus Response Act (FFCRA)…more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), FMLA, Paid Leave

See all updates »

Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) Is Enacted Into Law

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Below is a summary of the Act and describes who it will affect and how it will apply…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

Alabama Appellate Court Voids Foreclosures For Using The Word “May”

This past June, in Barnes v. U.S. National Bank, No. 2180699, the Alabama Court of Civil Appeals held that a mortgagee’s notice of acceleration failed to strictly comply with the notice provisions contained in Paragraph 22…more

Acceleration, Borrowers, Fannie Mae, Foreclosure, Freddie Mac

See all updates »

Telehealth in Mississippi During COVID-19

In an effort to fight the community spread of COVID-19, Federal and State lawmakers and regulators have worked to issue temporary waivers of the requirements related to telehealth services…more

Coronavirus/COVID-19, Health Care Providers, Telehealth

See all updates »

Eleventh Circuit’s “Narrow” Holding May Open Wide Disputes About Duties Under The FCRA

The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationtar Mortgage LLC provided litigants some key insights in Fair Credit…more

Credit Reporting Agencies, Credit Reports, Debt, FCRA, Financial Services Industry

See all updates »

Opportunity Zones in Alabama (and 19 Other States) Certified by Treasury Department - What Happens Next?

On April 18, the Treasury Department certified the list of 158 Opportunity Zones submitted by Governor Kay Ivey on March 21, 2018. This certification marks the last step in the Opportunity Zone selection process and means that…more

Capital Gains, Community Development, Economic Development, Investment Funds, Low-Income Issues

See all updates »

FERC Takes Action to Spur Transmission Planning and Expansion Across Jurisdictional Boundaries

At its June open meeting, the Federal Energy Regulatory Commission announced two actions aimed at supporting transmission planning across jurisdictional boundaries. The first action establishes a Joint Federal-State Task Force…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

See all updates »

FERC Reverses Course on QF Power Production Capacity Standard

On March 19, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order returning to its longtime standard used to determine a generating facility’s “power production capacity” for purposes of certification as a…more

Energy Sector, FERC, PURPA, Qualifying Facility, Utilities Sector

See all updates »

COVID-19: Top Questions & Answers for Employers

As coronavirus (COVID-19) cases continues to climb, employers are increasingly faced with a related concern—how the virus may impact the workforce, and how employers should respond right now…more

Best Practices, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Policies and Procedures

See all updates »

Alabama Court of Civil Appeals Clarifies The Requirements (and limitations periods) for Fraudulent Transfer Action

The Alabama Civil Court of Appeals recently issued a decision, International Management Group, Inc. v. Bryant Bank, No. 2170744, which, among other things, limits the potential for summary judgment in fraudulent transfer cases,…more

Fraudulent Transfers, Mortgages, UFTA, Uniform Voidable Transactions Act (UVTA)

See all updates »

Continuing a Trend, Mississippi Supreme Court Refuses to Enforce Broadly Worded Arbitration Clause

Dollar General reported its employee Rebecca Keyes to the police for embezzlement, causing her to be arrested. Keyes later sued Dollar General under a number of legal theories, including malicious prosecution, false…more

Arbitration, Arbitration Agreements, Dollar General, Embezzlement, Malicious Prosecution

See all updates »

Three Key Estate Planning Documents to Review During Uncertain Times

It remains vital to ensure that your family has a proper estate plan, including, at a minimum, three key documents…more

Beneficiaries, Beneficiary Designations, Coronavirus/COVID-19, Estate Planning, Infectious Diseases

See all updates »

Additional Funds Approved for SBA Paycheck Protection Program through the Coronavirus Aid, Relief, and Economic Security (CARES) Act

On April 24, 2020, President Trump signed legislation that provides $484 billion in additional funding for the SBA, hospitals, and coronavirus testing through the Coronavirus Aid, Relief, and Economic Security (CARES) Act…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), Relief Measures

See all updates »

COVID-19 Business Interruption Insurance Litigation: A Five Month Update

We reported in April that a Tuscaloosa shoe store and a Mountain Brook restaurant had filed the first Alabama business interruption cases. Five months later, we are still awaiting a definitive ruling in both…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Industry, Insurance Litigation

See all updates »

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  • 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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