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
  • 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
Number of Attorneys
100+ Attorneys

Eleventh Circuit Rules that Express Threat of Litigation Not Required to Implicate FDCPA

On April 5, 2019, in Holzman v. Malcom S. Gerald & Assocs., Inc., 2019 WL 1495642, the Eleventh Circuit held that an express threat of litigation is not required to state a claim under the Fair Debt Collection Practices Act so…more

Debt Buyers, Debt Collection, Debt Collectors, FDCPA, Statute of Limitations

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Alabama Supreme Court: Mortgage Requirements Must Be Strictly Followed

In a recent surprising loss for mortgage holders, the Alabama Supreme Court held that a failure to strictly comply with the exact terms of the mortgage when conducting a foreclosure sale can result in the sale failing. Thus,…more

Foreclosure, Mortgage Lenders, Mortgages, Real Estate Market, Wells Fargo

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CFPB Arbitration Study May Be First Step in Unlocking Floodgates of Consumer Class-Actions

Banks already looking over one shoulder to maintain compliance with regulatory reforms coming at them from the Dodd-Frank Wall Street Reform and Consumer Protection Act may soon need to start looking over the other. Class action…more

Arbitration, Banks, CFPB, Class Action, Class Action Arbitration Waivers

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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

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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

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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

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Nonjudicial Foreclosure Firm Finds Narrow Path Around FDCPA in Obduskey

In Obduskey v. McCarthy & Holthus, LLP, the United States Supreme Court considered whether the Fair Debt Collection Practices Act applied to a law firm conducting a nonjudicial foreclosure. The Court unanimously found the FDCPA…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

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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

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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 »

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 »

Supreme Court: FDCPA (Sometimes) Does Not Apply to Nonjudicial Foreclosures

In Obduskey v. McCarthy & Holthus, LLP, the United States Supreme Court unanimously held the Fair Debt Collection Practices Act does not apply to a law firm conducting a nonjudicial foreclosure…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

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Eleventh Circuit: Motion to Reschedule a Foreclosure Sale Not Barred by Regulation X

In an important victory for mortgage servicers, the Eleventh Circuit rejected a RESPA claim based on a motion to reschedule a foreclosure sale in Landau v. Roundpoint Mortgage Servicing Corp…more

Foreclosure, Mortgage Servicers, Mortgages, Regulation X, RESPA

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

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Eleventh Circuit Sua Sponte Vacates Prior Spokeo Opinion

Last October, we reported how the Eleventh Circuit in Muransky v. Godiva had broken with other circuits regarding the application of the Supreme Court’s opinion in Spokeo v. Robins. Last week, the Eleventh Circuit sua…more

Identity Theft, Injury-in-Fact, Spokeo v Robins, Standing

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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

CFPB, Class Action Arbitration Waivers, Comment Period, Consumer Contracts, Corrective Actions

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Eleventh Circuit Affirms Dismissal of Attempted FCRA Class Action Against Furnisher of Consumer Information

Last month, the Eleventh Circuit affirmed the dismissal of a putative class action suit alleging violations of the Fair Credit Reporting Act thereby delivering an important victory to lenders and other entities that provide…more

Class Action, Credit Reporting Agencies, Credit Reports, FCRA, JPMorgan Chase

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Bankruptcy Courts Divided On Whether Chapter 13 Plan Extends Time for Redemption

Bankruptcy courts are currently divided on whether a debtor has a right to redeem property sold at a tax sale after the removed “statutory” redemption period has run. The time for redemption depends on the law of the state where…more

Bankruptcy Court, Chapter 13, Creditors, Debtors, Tax Sale

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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

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Compelling Arbitration of TCPA Claims Alive and Well

Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA)…more

Arbitration, Auto-Dialed Calls, Motion to Compel, TCPA, Telecommunications

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Eleventh Circuit Declines to Expand Reach of “Least Sophisticated Consumer” Standard In the Context of Sending Periodic Mortgage Statements Following Bankruptcy Discharge

The Eleventh Circuit recently clarified that sending periodic mortgage statements following a debtor’s bankruptcy discharge is not misleading to the “least sophisticated consumer.” In Helman v. Bank of America, 15-13672, 2017 WL…more

Consumer Bankruptcy, Debt Collection, Debtors, FDCPA, Mortgage Statements

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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

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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, CMS, False Claims Act (FCA), Hospitals, Medicare

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Supreme Court Finds that Foreclosure Firm Engaging in Non-judicial Foreclosure Proceedings is Not Considered a Debt Collector Under the FDCPA

In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally considered debt collection, and…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

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Regulators Remind Banks That Strategy Setting Creates Risks That Must Be Managed

When most bankers think of “operational risk,” they think of day-to-day operations like internal or external fraud, reconciliation failures, and the like. The Comptroller of the Currency recently reminded banks, however, the…more

Banks, OCC, Risk Management

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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

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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, CFPB, Class Action, Class Action Arbitration Waivers

See all updates »

FFIEC Updates Cybersecurity Assessment Tool

On May 31, 2017, the Federal Financial Institutions Examination Council (FFIEC) released an update to its Cybersecurity Assessment Tool. The Cybersecurity Assessment Tool was originally released by the FFIEC in June of 2015…more

Cybersecurity, FFIEC, Financial Institutions, Risk Management

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 »

FCC Ruling Addresses TCPA Issues for Electric Utilities

Last month the Federal Communications Commission (FCC) issued a declaratory ruling regarding certain exceptions to the Telephone Consumer Protection Act (TCPA). The TCPA regulates how businesses communicate with their customers…more

FCC, Prior Express Consent, Robocalling, TCPA, Text Messages

See all updates »

Uniform Voidable Transactions Act Comes to Alabama

Alabama has joined approximately 17 other states in adopting the Uniform Voidable Transactions Act (the “VTA”) to replace the Uniform Fraudulent Transfer Act (the “FTA”). The VTA will govern transactions occurring on or after…more

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

See all updates »

California Attorney General Issues Proposed CCPA Regulations

Today, on October 10, 2019, the California Attorney General (“AG”) issued long-awaited proposed regulations implementing the California Consumer Privacy Act of 2018 (“CCPA”)…more

Attorneys General, California Consumer Privacy Act (CCPA), Cybersecurity, Data Collection, Data Privacy

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 »

Eleventh Circuit Allows Miami’s Predatory Lending Suit for Lost Tax Revenues to Proceed

According to the Eleventh Circuit, a municipalities’ lawsuit alleging lost tax revenue and increased costs for services case proceed against several large lenders…more

Discriminatory Lending Practices, Fair Housing Act (FHA), Miami, Municipalities, Predatory Lending

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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

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Bivens v. Select Portfolio Servicing, Inc. – 11th Circuit Confirms Right of Servicers to Designate in a Reasonable Manner a Distinct Address and Department to Respond to QWR’s

On August 17, 2017, the Eleventh Circuit issued an opinion in Steven Bivens v. Select Portfolio Servicing, Inc. (No. 16-15119), holding that a borrower must send requests for information to a mortgage servicer’s designated…more

Borrowers, Mortgage Lenders, Mortgage Servicers, Mortgages, RESPA

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FERC Approves Heightened Cyber Incident Reporting Standards

On July 19, 2018, the Federal Energy Regulatory Commission (FERC) issued a final rule (Order No. 848) directing the North American Electric Reliability Corporation (NERC) to develop and submit modifications to NERC Reliability…more

Cybersecurity, Energy Sector, FERC, NERC, Popular

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FDCPA Plaintiff Lacks Standing to Bring Class Action for Validation Letter

In Pozzuolo v. Portfolio Recovery Associates, LLC, the Eastern District of Pennsylvania recently dismissed the named plaintiff of a putative class action for lack of standing to bring suit…more

Class Action, FCRA, FDCPA, Standing

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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

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CMS’ New Initiative Intended to Transform Primary Health Care

CMS’ efforts to improve the delivery of primary health care moved into new territory this week when the agency announced a new five-year delivery model, Comprehensive Primary Care Plus (CPC+), which CMS’ chief medical officer…more

Affordable Care Act, CMS, Fee-for-Service, Health Care Providers, Medicaid

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Mistaken Date Reference in Security Agreement Costs Bank its Lien Priority

It’s a common occurrence – a mortgagor or grantor signs the security instrument a day or two in advance of the loan, or perhaps a note is re-signed a couple of days after closing to correct an error in the original note. Either…more

Consumer Bankruptcy, Lien Priority, Liens, Loans, Mistake

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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)

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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

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Mixed Economic Indicators Signify Now is the Time to Address Troubled Loans

The Federal Reserve Open Market Committee met this week to discuss its monetary policy for the period. In the press release issued after the meeting, the Committee stated that although the labor market remains steady and…more

Economic Growth, Federal Reserve, Lenders, Loans

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JD Supra Privacy Policy

Updated: May 25, 2018:

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.

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Collection of Information

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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.

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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
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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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
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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  • 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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