Bradley Arant Boult Cummings LLP

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1819 Fifth Avenue North
Birmingham, Alabama 35203, United States
Phone: 205.521.8000
Fax: 205.521.8800
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Mississippi
  • North Carolina
  • Tennessee
  • Texas
Number of Attorneys
400+ Attorneys

CFPB Solicits Comments for its 2017 Credit Card Market Report

On Friday, the Consumer Financial Protection Bureau (CFPB) published a request for information about the credit card market. The CFPB uses responses to those requests, in conjunction with other data and research, to publish the…more

Banking Sector, CARD Act, CFPB, Comment Period, Credit Cards

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Update On Proposed Tax Regulations Affecting Availability of Valuation Discounts to Family Business Owners

In September, we posted a blog discussing the Treasury Department’s issuance of proposed regulations under Section 2704 of the Internal Revenue Code (sometimes referred to as the 2704 proposed regulations) that could…more

Business Valuations, Estate Tax, Family Businesses, Gift Tax, IRC Section 2704

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Alabama Property Tax Protest Season is Underway

The 2016 property tax protest season has arrived. In Alabama, property tax valuations are handled on a county-by-county basis. Some counties mail valuation notices to all taxpayers. Others rely on publication notice and only…more

Appeals, Board of Equalization, Property Tax, Property Valuation

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Digital Imports: Should Downloads Be Subject to the Tariff Act?

On April 3, the International Trade Commission (ITC) ruled that the agency has jurisdiction to police digital transmission for intellectual property infringement. The ITC hears trade disputes regarding “articles” imported into…more

Digital Goods, Digital Media, Illegal Imports, Imports, Infringement

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In Victory for The Slants, U.S. Supreme Court Strikes Lanham Act’s Disparagement Clause

In Matal v. Tam, the United States Supreme Court struck a provision of the Lanham Act that has been used to deny federal registration of trademarks deemed disparaging to “persons, . . . institutions, beliefs, or national…more

Disparagement, First Amendment, Football, Free Speech, Lanham Act

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Calling ICE about Your Plaintiff Could Make You the Defendant

An attorney representing his employer-client calls Immigration and Customs Enforcement (ICE) to inquire about the plaintiff’s immigration status. Is that potentially retaliation under the employment laws? If it is, can the…more

Adverse Action, Economic Realities Test, Employee Definition, FLSA, ICE

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Out of Time, Not Out of Luck: Supreme Court holds POCs for Time-Barred Debt are OK under FDCPA

In a win for debt buyers and servicers, the Supreme Court held in Midland Funding, LLC. v. Johnson that the filing of a proof of claim in a bankruptcy case for obviously time-barred debt is not false, deceptive, misleading,…more

Bankruptcy Code, Chapter 13, Consumer Bankruptcy, Debt Buyers, Debt Collection

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Big Changes to Federal Jurisdiction over Waters of the U.S. through the Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) announced the release of their proposed rule redefining what waters fall under federal jurisdiction under the…more

Clean Water Act, EPA, Federal Jurisdiction, Jurisdiction, Mining

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Should Old Designations Be Forgot: A NYE Deadline for DMCA Agent Designations

If you serve as a Digital Millennium Copyright Act (DMCA) agent or have clients who do, then you should ensure your official designations with the U.S. Copyright Office won’t automatically expire once the New Year rolls in…more

Copyright, Copyright Office, Designated Agent, DMCA, Intellectual Property Protection

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The Taxman Cometh for Sexual Harassment Settlements

As you know, over the last few months, sexual harassment allegations have surfaced all over the place, from Hollywood to Capitol Hill to the Today Show. The hot topic of harassment in the workplace has garnered attention from…more

Attorney's Fees, Business Ownership, Employer Liability Issues, Human Resources Professionals, Non-Disclosure Agreement

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CFPB’s Effort to Axe Class Waivers Gets Axed by the Senate

By the hair of its chinny chin chin, the Senate voted on Tuesday to nullify the CFPB’s previously announced final rule that would have prohibited banks, credit card companies, and other financial service entities from utilizing…more

Arbitration, Banking Sector, CFPB, Class Action Arbitration Waivers, Congressional Review Act

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Topple of Estoppel? Eleventh Circuit Deals Blow to Bankruptcy Disclosure Defense in Discrimination Suit

Employees who sue their employers must disclose that lawsuit if they file for bankruptcy—right? Maybe not. In Slater v. U.S. Steel Corp., the Eleventh Circuit overruled prior precedent and impaired a valuable defense for early…more

Appeals, Concurrent Litigation, Consumer Bankruptcy, Defense Strategies, Disclosure Requirements

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Alternative Approaches to Alternative Design: Understanding the Reasonable Alternative Design Requirement and Its Different Applications

In 1997, the American Law Institute (ALI) adopted the final draft of its Restatement (Third) of Torts on the topic of product liability. The most notable—and controversial—feature of the ALI’s work was its requirement that…more

Design Defects

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Federal Agencies Announce Plan B for the Contraceptives Mandate

The triumvirate of federal agencies (HHS, DOL, IRS) responsible for enforcing the Patient Protection and Affordable Care Act (the ACA, often called Obamacare) released final interim rules significantly expanding exceptions from…more

Affordable Care Act, Contraceptive Coverage Mandate, Executive Orders, Interim Guidance, Religious Institutions

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SEC Issues Stern Reminder for Timely Filing of Beneficial Ownership Reports

After years of little enforcement action, the Securities and Exchange Commission (“SEC”) issued a press release yesterday announcing charges against 28 officers, directors, or major shareholders for violating federal securities…more

Beneficial Owner, Deadlines, Directors, Enforcement, Enforcement Actions

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Public-Private Partnerships: The Solution to the Problem with Our Aging Infrastructure?

It is no secret that the most significant budget challenges that the United States faces on both a state and national level revolve around the cost to repair and replace our aging infrastructure. In 2014, the American Society of…more

Construction Industry, Critical Infrastructure Sectors, Design-Build, Investment, Public Private Partnerships (P3s)

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Highly Anticipated Report on Bid Protests is Finally Here!

RAND Corporation recently issued its much-anticipated report on the prevalence and impact of bid protests. The report, which was issued at the direction of Congress, contains a plethora of important—and interesting—findings,…more

Bid Protests, Competitive Bidding, Construction Industry, Department of Defense (DOD), Federal Contractors

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The Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and Itself

Some bankruptcy experts predict an increase in business failures for government contractors in the coming years. Increased demands and constraints on government spending will stress both prime contractors and subcontractors…more

Commercial Bankruptcy, Construction Industry, Contract Termination, Federal Acquisition Regulations (FAR), Federal Contractors

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Email Discussions May Be Next: Mississippi Supreme Court Declares Closed-Door “Non-Quorum” Meetings Illegal

The Mississippi Open Meetings Act provides that “the formation and determination of public policy is public business and shall be conducted in open meetings.” Notwithstanding this command, some public boards in Mississippi had…more

MS Supreme Court, Open Meetings Act, Public Access Laws, Public Policy, Quorum

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Roadmap to Software Patent Eligibility – Continued

Recent Federal Circuit cases provide direction on how to satisfy the PTO or the federal courts that software is eligible for a patent. Some key points include: - New ways of organizing data - New connections…more

Abstract Ideas, AT&T Mobility, Computer-Related Inventions, Internet, Internet Service Providers (ISPs)

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SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s…more

Advertising, Investment Adviser, Investor Protection, Marketing, Material Misstatements

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California Supreme Court Recognizes “Innovator Liability”

Last week, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of “innovator liability,” unanimously holding that brand-name prescription drug…more

CA Supreme Court, Generic Drugs, Innovator Liability, Life Sciences, Novartis

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SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s…more

Advertising, Investment Adviser, Investor Protection, Marketing, Material Misstatements

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Special Session Ends with Handful of Noteworthy Tax Bills, Predictions for Next Special Session

The first Special Session of 2015 ended on Tuesday, August 11, without accomplishing the primary objective of passing a General Fund budget for the 2015-2016 fiscal year. The Governor’s “call” for the special session included…more

Business Taxes, Legislative Agendas, Legislative Process, Reciprocity Rules, Repeal

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A Primer to Understanding Wrap-Up Insurance Programs

Whether you are a property owner, general contractor, or subcontractor, understanding wrap-up insurance programs—when to consider one, what they insure, and how they affect the project—is vital to a construction project’s…more

Bids, CCIP, Construction Project, Contractors, Federal Contractors

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California Supreme Court Recognizes “Innovator Liability”

Last week, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of “innovator liability,” unanimously holding that brand-name prescription drug…more

CA Supreme Court, Generic Drugs, Innovator Liability, Life Sciences, Novartis

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The Uber Breach and the Need for an Independent Privacy Function

The 2016 data breach involving 57 million Uber riders and drivers and the ensuing efforts to conceal the breach appears to have tapped into the public’s — and the government’s — frustration with a series of increasingly large…more

CPO, Cyber Attacks, Cyber Crimes, Data Breach, Data Collection

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How to Protect Yourself from Financial Disaster in the Wake of a Natural Disaster

In light of Hurricane Harvey and all the damage that it caused, as well as the potential damage that may be inflicted by Hurricane Irma, the Consumer Financial Protection Bureau (CFPB) has provided advice on measures to take to…more

CFPB, Disaster Aid, Disaster Preparedness, FEMA, Financial Services Industry

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SCOTUS Agrees to Review City of Miami Fair Housing Claim

The Supreme Court has agreed to review a discriminatory lending case brought by the City of Miami against Wells Fargo & Co. and Bank of America Corp. At issue is whether a city government is permitted to bring a suit seeking to…more

Bank of America, Discriminatory Lending Practices, Fair Housing Act (FHA), Foreclosure, Mortgage Lenders

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Tennessee CON Report

I. August 2017—Tennessee Certificate of Need Meeting - The agency approved the following applications during the August 23 meeting. A. Consent Agenda - 1. Vanderbilt University Medical Center, Nashville (Davidson…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals

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Drawing the Line: Supreme Court Addresses Major Privacy Rights in Cell Phone Dispute

On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors…more

Cell Phones, Criminal Investigations, Cybersecurity, Electronically Stored Information, Fourth Amendment

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Riverkeeper Groups Still Seeking to Remove ADEM Authority over NPDES Permits

In a continuation of an ongoing battle, seven environmental groups (Cahaba Riverkeeper, Choctawatchee Riverkeeper, Friends of Hurricane Creek, Black Warrior Riverkeeper, Friends of the Locust Fork River, Alabama Rivers Alliance…more

Administrative Authority, Clean Water Act, Discharge of Pollutants, EPA, NPDES

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What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six…more

Civil Rights Act, Corporate Counsel, DOJ, EEOC, Employment Litigation

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Regulatory Reformation: Treasury’s First Recommendations for Improving Financial Regulations

On February 3, 2017, President Donald Trump issued Executive Order 13772, which identified seven Core Principles by which his administration would regulate the U.S. financial system…more

Banking Sector, CFPB, Consumer Financial Products, Dodd-Frank, Executive Orders

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Supreme Court Upholds ACA Tax Credits; Employers Must Continue to Play or Pay

In a much-anticipated decision, the Supreme Court upheld in King v. Burwell the validity of tax credits under the Patient Protection and Affordable Care Act (ACA) that are available to individuals in States that have Federal…more

Affordable Care Act, Employer Mandates, Health Insurance, Health Insurance Exchanges, Individual Mandate

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Impact of “Tax Cuts and Jobs Act” on Important Federal Tax Credits

The “Tax Cuts and Jobs Act” (the Act) has passed both chambers of Congress and is expected to be signed by President Trump on or before January 3, 2018. The final agreement among House and Senate Republicans includes rate cuts…more

Corporate Taxes, HTC, Income Taxes, Investment Tax Credits, Land Developers

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Tennessee Adopts Expansive Trade Secret Preemption Standard

In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of preemption under the Tennessee Uniform Trade Secrets Act (TUTSA). The court adopted a…more

Misappropriation, Preemption, Trade Secrets, UTSA

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CMS Announces Next Generation ACO with Increased Risk and Reward

On March 10, 2015, the Centers for Medicare & Medicaid Services announced its “Next Generation ACO Model,” which CMS hopes will provide more experienced accountable care organizations an opportunity to assume higher levels of…more

ACOs, CMS, Health Care Providers, Healthcare, Medicare Shared Savings Program

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For Whom the Pipe Tolls: SCOTUS to Decide Whether American Pipe Tolling Applies to “Piggyback” Class Actions

Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled during…more

American Pipe & Construction Co. v. Utah, Article III, Certiorari, Class Action, Federal Rules of Civil Procedure

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A Bankruptcy Discharge Makes a Face-to-Face Meeting an Act in Futility

Just last fall, we wrote about the Eleventh Circuit’s decision in In re Failla, Case No., in our article, “The Eleventh Circuit has spoken: Debtors who surrender property must get out of the creditor’s way.” Now, it appears that…more

Consumer Bankruptcy, Dischargeable Debts, Face-to-Face Narrative Requirement, Financial Services Industry, Foreclosure

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Eleventh Circuit Refuses to Extend Scope of Assignee TILA Liability to Failure to Provide Payoff Balance

Ruling on an issue of first impression at the Circuit Court level, the Eleventh Circuit recently refused in Evanto v. Federal National Mortgage Association to impose Federal Truth in Lending Act (TILA) liability on assignees for…more

Assignees, First Impression, Mortgage Lenders, Mortgage Servicers, Third-Party Liability

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Baldwin County Circuit Court Dismisses ADOR’s Appeal in Moody

Two weeks ago, the Baldwin County Circuit Court entered an order dismissing the Alabama Department of Revenue’s (ADOR) appeal from the February 2017 decision by the Alabama Tax Tribunal in Moody v. Alabama Department of Revenue,…more

Department of Revenue, Income Taxes, Overpayment, State and Local Government, State Tax Tribunals

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Deadline Extensions Possible for Expanded Retail Accountability Program

The rollout of the newly expanded Tennessee Retail Accountability Program is meeting with some opposition as the first reporting deadline under the 2015 changes in the program approaches. In response to these concerns, the…more

Automotive Industry, Deadlines, Department of Revenue, Food Manufacturers, Recordkeeping Requirements

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CFPB and Two States File Suit Against Student Loan Company Navient

The CFPB announced on Wednesday that it had filed a lawsuit against Navient Corporation, formerly part of Sallie Mae, and two of its subsidiaries for alleged “systematic” failures in student loan servicing. The complaint alleges…more

CFPB, Civil Investigation Demand, Debt Collection, Enforcement Actions, FCRA

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Oregon Regulates Home Equity Conversion Mortgage Originators and Servicers in New Law

Oregon’s legislature continues to add state level regulations to the Home Equity Conversion Mortgage (“HECM,” more commonly known as a reverse mortgage) marketplace. In 2015, the state imposed a series of content and…more

Disclosure Requirements, HECM, Mortgage Loan Originators, Mortgages, New Legislation

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Big Win for Servicers and Lenders of Fannie and Freddie Owned Loans against Nevada HOA Foreclosures

Last week, the U.S. Court of Appeals for the Ninth Circuit issued a significant decision in favor of lenders and mortgage servicers fighting off claims that their mortgage liens were extinguished by Nevada homeowners…more

Banking Sector, Fannie Mae, Financial Services Industry, Foreclosure, Freddie Mac

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CFIUS: New Teeth, Bigger Bite?

The United States governmental committee charged with reviewing foreign mergers and acquisitions with U.S.-based companies or affiliates for potential national security concerns may soon be getting a new set of teeth. The…more

CFIUS, China, Cross-Border Transactions, Foreign Investment, Joint Venture

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Alabama CON Report

I. Certificate of Need Program - A. Project Modification AL2016-022, Geneva County Health Care Authority, Inc., Geneva, AL: Proposed to acquire, relocate and operate five (5) geriatric psychiatric inpatient beds as an…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Inpatient Rehab Facilities, Long Term Care Facilities

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Transitions in the Family Business: Hope Is Not a Strategy

If last week’s post summarizing the third panel from the Transitions in the Family Business: A Conversation with Family Business Owners and Leaders event piqued your interest in selling a family-owned business, you may have more…more

Business Plans, Business Succession, Family Businesses, Selling a Business

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House Bill 59, Alabama Reinvestment and Abatements Act, Expands Alabama Abatements Significantly

The Alabama Reinvestment and Abatements Act, HB59, Act No. 2015-24 (the “Act”), makes several changes to Alabama abatement law and expands the list of industries and types of projects that are eligible for those abatements…more

Abatement, Pending Legislation, Tax Abatement

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Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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That’s a Wrap! Highlights in Labor & Employment from 2017

This year has brought about many changes to the world of labor and employment law. This newsletter highlights a few of the most important developments from 2017 that will carry forward in 2018 and beyond, why they matter, and…more

ADA, Administrative Appointments, Corporate Counsel, Disability Discrimination, Discrimination

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FHFA Proposes Rule on Fannie Mae’s & Freddie Mac’s Duty to Serve Underserved Markets

Pursuant to the Housing and Economic Recovery Act of 2008, which amended the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, federal law requires the Federal National Mortgage Association (Fannie Mae) and…more

Affordable Housing, Fannie Mae, FHFA, Freddie Mac, Proposed Regulation

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Getting a Green Card Just Got Tougher: USCIS Will Now Interview All Employment-Based Adjustment of Status Applicants

The U.S. Citizenship and Immigration Services (USCIS) recently announced a new policy requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The…more

Adjustment of Status, Foreign Nationals, I-140, I-485 Applications, Immigration Procedures

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Mississippi Legislature Changes Supersedeas Bond Amounts . . . Maybe

A party that wins at trial and recovers a money judgment may seek to collect on the judgment immediately, unless the other party posts a supersedeas bond to stay execution of the judgment pending appeal. The Mississippi…more

Amended Legislation, Appeals, Bonds, Money Judgment, Rules of Appellate Procedure

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Bankruptcy Proof of Claim Form Gets a Makeover

Several of the Official Bankruptcy Forms will be replaced on December 1, 2015. For creditors, the most notable changes will be to two forms: the Proof of Claim form, Form 410, and the Mortgage Proof of Claim Attachment, Form…more

Bankruptcy Code, Bankruptcy Court, Creditors, Default, Mortgages

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Bank Acting as Fiduciary Seeks Reversal of “Unprecedented” Tort Liability

In Jo Ann Howard & Associates, et al. v. National City Bank; PNC Bank, N.A., now pending before the United States Court of Appeals for the Eighth Circuit, a Missouri bank entered into a contractual and statutorily authorized…more

Banking Sector, Fiduciary Duty, Financial Services Industry, Trust Administration

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CFPB Proposes Rules to Limit Arbitration Agreements in Consumer Financial Products

Last week, the CFPB announced two proposals related to the inclusion clauses that require arbitration to resolve all future disputes (“pre-dispute arbitration agreements”) in consumer financial products. The first proposal would…more

Administrative Review, Arbitration, Arbitration Agreements, CFPB, Class Action

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SEC Adopts Regulation A+

Newly adopted exemption to securities registration requirements may offer new capital raising opportunities for developing companies - A company that seeks to raise capital by offering or selling securities to potential…more

Blue Sky Laws, Debt Securities, Equity Financing, Exemptions, JOBS Act

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Mississippi Legislature Changes Supersedeas Bond Amounts . . . Maybe

A party that wins at trial and recovers a money judgment may seek to collect on the judgment immediately, unless the other party posts a supersedeas bond to stay execution of the judgment pending appeal. The Mississippi…more

Amended Legislation, Appeals, Bonds, Money Judgment, Rules of Appellate Procedure

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False Claims Act: 2016 Year in Review

We are pleased to present Bradley’s annual review of significant False Claims Act (FCA) cases, developments, and trends. From a relatively short article several years ago, the Review has grown to a significant publication that…more

Anti-Kickback Statute, Appeals, Calculation of Damages, Civil Monetary Penalty, Defense Contracts

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Department of Education Announces Overhaul of Federal Student Loan System

On Friday, Secretary of Education Betsy DeVos announced a plan by the Department of Education to award its entire student loan servicing portfolio to a single company – down from its current roster of nine. The Department of…more

Consumer Financial Products, Department of Education, Federal Student Loans, Financial Services Industry

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In Victory for The Slants, U.S. Supreme Court Strikes Lanham Act’s Disparagement Clause

In Matal v. Tam, the United States Supreme Court struck a provision of the Lanham Act that has been used to deny federal registration of trademarks deemed disparaging to “persons, . . . institutions, beliefs, or national…more

Disparagement, First Amendment, Football, Free Speech, Lanham Act

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BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS 2985…more

Clawbacks, Document Productions, Document Review, Email, Record Preservation

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FTC Announces Hart-Scott-Rodino Annual Threshold Adjustments

The Federal Trade Commission (FTC) has announced the annual revisions to the monetary thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under Section 7A of the…more

Acquisitions, DOJ, FTC, Hart-Scott-Rodino Act, Interlocking Directorate

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CFPB Issues Final Rules on Payday and Vehicle Title Loans—Little Impact for Auto Lenders

The Consumer Financial Protection Bureau (CFPB) issued its final rule on payday, vehicle title, and certain high-cost installment loans. The new rule is effective in 2019 and imposes stringent underwriting requirements and…more

Ability-to-Repay, Automotive Loans, Balloon Payments, Car Dealerships, CFPB

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DOJ’s FCPA Corporate Enforcement Policy Creates Greater Certainty for Companies

The Foreign Corrupt Practices Act of 1977 (FCPA) makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. On November 29, 2017,…more

Anti-Corruption, DOJ, Enforcement Actions, FCPA, Federal Pilot Programs

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CFPB Finalizes Amendments to TRID Rule

The Consumer Financial Protection Bureau (CFPB) released final amendments to its “Know Before You Owe” mortgage disclosure rule, which is also known as the TILA-RESPA Integrated Disclosure rule (TRID), on July 7, 2017. As stated…more

Banking Sector, CFPB, Consumer Lenders, Disclosure Requirements, Financial Institutions

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What General Counsel Should Know When a Company's Tenant Files for Bankruptcy

Your tenant files for bankruptcy-what’s your move? Debtors who are lessees under real property leases have certain rights regarding their lease under § 365 of the Bankruptcy Code. Essentially, the debtor has two options: 1)…more

Assignments, Chapter 11, Chapter 7, Commercial Bankruptcy, Commercial Leases

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ALTA Introduces New CPL Form with Major Potential Negative Implications for the Financial Services Industry

In April, we posted about the significant protection afforded mortgage lenders and servicers as part of closing protection letters including recent judicial interpretations providing critical indemnity to lenders for “actual…more

ALTA, Closing Protection Letters, Financial Services Industry, Lenders, Mortgage Lenders

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Class Certification Issues In O’Bannon v. NCAA

In This Presentation: - Important Players - Underlying Lawsuit - Procedural Pre-Class Certification - Class Certification Issues - Aftermath and Trial - Recent Developments -…more

Athletes, Class Action, Class Certification, College Athletes, License Agreements

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IRS Issues Guidance to Ease Assistance for Hurricane Recovery

While Hurricanes Harvey and Irma have subsided, recovery efforts have just begun. In an effort to help bring timely assistance to beleaguered residents of areas hard hit by the storms, the Internal Revenue Service (IRS) has…more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, FEMA

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PARCA Issues Updated Study: How Alabama Taxes Compare

The well-respected Public Affairs Research Council of Alabama (PARCA), the non-profit think tank headquartered at Samford University in Birmingham, recently published its periodic report, How Alabama Taxes Compare, which…more

Local Taxes, Property Tax, Real Estate Market, State and Local Government, State Taxes

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After the Waters Recede: The Mortgage Servicer’s Role in Navigating Insurance Claims, Part III

In the first part of the series “The Mortgage Servicer’s Role in Navigating Insurance Claims,” we covered assessing property damage and applying insurance proceeds in compliance with the terms of the standard mortgage agreement…more

Anti-Concurrent Causation Clauses, Flood Insurance, Hurricane Harvey, Insurance Claims, Loans

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Be Prepared: How to Avoid the Super-Priority Trap

Benjamin Franklin once said, “By failing to prepare, you prepare to fail.” Servicers can face significant obstacles in preservation of their rights vis a vis assessments by homeowners’ associations and condo associations (a…more

Condominium Associations, Homeowners Association (HOA), Liens, Mortgage Lenders, Super Priority

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CMS Finalizes Stark Law Changes in CY 2016 Medicare Physician Fee Schedule Final Rule

This past July, on the heels of a decision in which a judge for the U.S. Court of Appeals for the Fourth Circuit characterized the federal physician self-referral prohibition commonly known as the “Stark Law” as, “even for…more

CMS, Final Rules, Health Care Providers, Physician Fee Schedule, Stark Law

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Important Reminder about Construction Claims for Builders and Contractors

In light of the recent devastation caused by Hurricane Harvey, we want to remind area builders of the 2011 law that applies to disaster remediation contractors performing work in Texas…more

Construction Contracts, Construction Industry, Hurricane Harvey, Natural Disasters, Property Damage

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Congress Overhauls Excise Taxes for Alcohol Producers

Brewers, vintners and distillers across the country raised their glasses as Congress passed the Tax Cuts and Jobs Act and, with it, the Craft Beverage Modernization and Tax Reform Act of 2017. The Craft Beverage Tax Reform Act…more

Beer, Beverage Manufacturers, Breweries, Excise Tax, New Legislation

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Insider Threat Program Awareness Training Deadline - Cybersecurity and Privacy Team Alert

In May 2016, the Under Secretary of Defense for Intelligence issued a requirement for cleared government contractors to establish an “insider threat program” (ITP) to better protect national security networks from cybersecurity…more

Cyber Threats, Cybersecurity, Defense Sector, Federal Contractors, National Security

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In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy

Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to,…more

Automotive Industry, Car Dealerships, Data Breach, Data Collection, Data Privacy

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Emergency Succession: Lessons from Nick Saban and Dabo Sweeney

I was recently discussing emergency succession planning with my friend John Howe, CEO of American Pipe and Supply. Okay, actually we were talking about football over a couple of beers. John is a Clemson grad and a big fan of the…more

Business Succession, Family Businesses, Succession Planning, Transfer of Assets

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Broad “Assumption of Liability” Clause in Subcontract Likely Trumps “Waiver of Subrogation” Clause in Prime Contract

In a recent case handled by Bradley, a federal court in Maryland issued a decision attempting to reconcile inconsistent contract provisions. The general contractor said that its fire sprinkler subcontractor was responsible…more

Ambiguous, Commercial General Liability Policies, Construction Contracts, Construction Disputes, Construction Industry

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July 2017 Federal Tax Alert – New Partnership Audit Regulations

The U.S. Treasury Department and the Internal Revenue Service (“IRS”) recently reissued 277 pages of proposed regulations and a preamble (REG-136118-15) regarding the new centralized partnership audit rules enacted as part of…more

Bi-Partison Balanced Budget Act (BBA), Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC), Partnerships

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Supreme Court Affirms Discretion to Award Fees in Copyright Suits, But Case Precedence Not Relevant

The Copyright Act states that the trial court “may…award” attorney’s fees to the prevailing party. Legal fees incurred by plaintiffs and defendants alike in copyright and other intellectual property cases can be staggering, as…more

Attorney's Fees, Copyright, Copyright Infringement, Fee-Shifting, Kirtsaeng v. John Wiley & Sons

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Made in the USA: Executive Order Promotes Strict Adherence to Buy American Laws and Signals Potential Legal Reform in Fall 2017

“It shall be the policy of the executive branch to buy American and hire American.” On April 18, 2017, President Trump announced this policy in an executive order, aptly titled “Buy American and Hire American.” The order…more

Buy America, Domestic Hiring Policy, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Alabama Supreme Court Says Cash Advance Company Not a Debt Collector

The Supreme Court of Alabama has reversed a jury verdict awarding the plaintiff $200,000 in damages, ruling on appeal that the Fair Debt Collection Practices Act (FDCPA) did not apply to the pawn transaction at issue…more

Debt Collectors, FDCPA, Financial Institutions, Financial Services Industry, Forgery

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Summary of Mississippi’s New Construction Lien Law

Mississippi recently enacted a new construction lien law. This article addresses certain key provisions of the new law - codified at Mississippi Code Annotated § 85-7-401 (Rev. 2014) - that apply to commercial projects. …more

Construction Contracts, Construction Liens, Construction Workers, Contractors, Liens

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2017 Tennessee Tax Legislative Highlights - State & Local Tax Alert: Tennessee Edition

In addition to Tennessee’s passage of the IMPROVE Act (Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy) also known as the “2017 Tax Cut Act,” 2017 Tenn. Pub. Acts 181, featured in our State and…more

Department of Revenue, Economic Presence Nexus, Excise Tax, Franchise Taxes, Internet

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CFPB Solicits Comments for its 2017 Credit Card Market Report

On Friday, the Consumer Financial Protection Bureau (CFPB) published a request for information about the credit card market. The CFPB uses responses to those requests, in conjunction with other data and research, to publish the…more

Banking Sector, CARD Act, CFPB, Comment Period, Credit Cards

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New Venue Considerations May Shape Patent Litigation after TC Heartland

The Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, unanimously holding that, for the purpose of the patent venue statute 28 U.S.C. § 1400(b), “a domestic corporation…more

Food Manufacturers, Forum Shopping, Intellectual Property Protection, Multidistrict Litigation, Patent Infringement

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Oil and Gas Industry Concerned about EPA’s Proposed Methane Emissions Rules

On August 18, 2015, the EPA released proposed rules aimed at reducing methane and other volatile organic compound (VOC) emissions in the oil and natural gas industry. In January 2015, the EPA stated its goal to decrease methane…more

EPA, Greenhouse Gas Emissions, Methane, New Source Performance Standards (NSPS), Oil & Gas

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Arbitration Provision TKOs Class Action Lawsuit by Online Viewer of Mayweather/McGregor Fight

Boxing fan Victor Mallh, attempting to take a class action swing at Showtime Networks for failures in its livestream broadcast of the Mayweather/McGregor fight in August of this year, will have to pursue his claim in…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Motion to Compel

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Major Win for Products Manufacturers on Safer, Alternative Design Requirement

In a unanimous decision released last week, the Alabama Supreme Court delivered a significant victory for manufacturers defending products liability claims in Hosford v. BRK Brands, Inc. As in most jurisdictions, a plaintiff in…more

Design Defects, Judgment As A Matter Of Law, Manufacturers, Product Defects

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US Environmental Protection Agency Opens Criminal Investigation into Herbicide Spraying

According to articles in Missouri newspapers and other news outlets, federal agents recently executed search warrants in several counties in Missouri to probe possible criminal violations of the Federal Insecticide, Fungicide,…more

Criminal Investigations, EPA, FIFRA, Genetically Engineered Seed, Off-Label Use

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Texas Voters Relax Home Equity Lending Restrictions

Texas has long had some of the tightest consumer protections in the home equity lending space. After years of lobbying by the industry, a constitutional amendment was submitted to voters on November 7, 2017, aimed at relaxing…more

Constitutional Amendment, Fee Caps, Fees, Home Equity, Home Equity Line of Credit

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Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering projects…more

Construction Project, Department of Transportation (DOT), Highways, Infrastructure, Public Private Partnerships (P3s)

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Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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SCRA Will Continue to Receive Regulatory Scrutiny

On March 22, 2016, the U.S. House of Representatives passed the Foreclosure Relief and Extension for Servicemembers Act of 2015. This bill was signed into law by President Obama on March 31, 2016. This follows the recodification…more

CFPB, DOJ, Enforcement Actions, Financial Institutions, Foreclosure

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The Eleventh Circuit has spoken: “Debtors who surrender property must get out of the creditor’s way”

In recent years, there has been a hotbed of litigation across the nation, particularly in Florida state and bankruptcy courts, regarding a debtor’s ability to contest a secured creditor’s foreclosure notwithstanding the debtor’s…more

Abandoned Property, Affirmative Defenses, Appeals, Bankruptcy Code, Chapter 7

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DOL Tones Down White-Collar Exemption Regulations, But Millions Still Affected

Receiving over 270,000 comments must have impressed the U.S. Department of Labor (DOL) to the point that it scaled back the provisions originally stated or hinted at in the proposed rules, with final rules issued May 18 that go…more

DOL, FLSA, Minimum Salary, Public Comment, Wage and Hour

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PARCA Issues Updated Study: How Alabama Taxes Compare

The well-respected Public Affairs Research Council of Alabama (PARCA), the non-profit think tank headquartered at Samford University in Birmingham, recently published its periodic report, How Alabama Taxes Compare, which…more

Local Taxes, Property Tax, Real Estate Market, State and Local Government, State Taxes

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CFPB Finalizes Amendments to TRID Rule

The Consumer Financial Protection Bureau (CFPB) released final amendments to its “Know Before You Owe” mortgage disclosure rule, which is also known as the TILA-RESPA Integrated Disclosure rule (TRID), on July 7, 2017. As stated…more

Banking Sector, CFPB, Consumer Lenders, Disclosure Requirements, Financial Institutions

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The Upcoming “Patent Cliff”: Plan to File New Patent Applications Before March 16, 2013

On March 16, 2013, one of the most important and controversial provisions of the “Leahy-Smith America Invents Act,” or AIA, is scheduled to take effect and this event will mark a significant change in United States patent filing…more

America Invents Act, First-to-File, First-to-Invent, Patent Reform, Patents

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Oral Modification of Mortgage Not Permitted by Florida Court of Appeals

This week, the Florida Fourth District Court of Appeals held that Florida’s Statute of Frauds precludes oral modification of a mortgage and that the judicial doctrine of promissory estoppel may not be used to circumvent the…more

Mortgages, Oral Modification, Promissory Estoppel, Statute of Frauds

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CFPB Issues Compliance Guides for New TILA, RESPA, and ECOA Requirements

In January 2013, the Consumer Financial Protection Bureau (“CFPB”) issued a number of new final rules to implement amendments to the Truth in Lending Act (“TILA”), Real Estate Settlement Procedures Act (“RESPA”), and Equal…more

CFPB, Compliance, ECOA, RESPA, Truth in Lending Act (TILA)

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WARNING: A Tsunami of Sexual Harassment Complaints Are on the Way

You can take this one to the bank. Complaints of sexual harassment will rise significantly as a result of the sexual abuse allegations against Harvey Weinstein and related media coverage…more

Anti-Harassment Policies, Civil Rights Act, Corporate Culture, EEOC, Employee Training

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Laying the Foundation for Success: Structuring the Board of Directors in a Family-Owned Business

The board sets the overall strategy and policies of the company, so your corporate governance foundation starts with structuring the board of directors. As the overall governing body, the board elects the officers of the…more

Board of Directors, Corporate Governance, Corporate Structures, Family Businesses

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2016 – Health Law Year in Review

We are pleased to present our annual review of developments in the field of health law. The year was marked by key changes in False Claims Act jurisprudence and Medicare payment policy. 2016 also brought with it focused…more

60-Day Rule, ACOs, CMS, Corporate Executives, Corporate Misconduct

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Trump’s Travel Ban Survives Latest Trip to the Supreme Court

News organizations this week are reporting again on President Trump’s so-called travel ban. But what exactly does that mean? We receive a lot of questions about the travel ban in the context of President Trump’s overall stance…more

Appeals, Executive Orders, Foreign Nationals, Immigration Enforcement, Injunctions

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CFPB Makes Last-Minute Changes to 2016 Mortgage Servicing Final Rule

On October 4, 2017, the CFPB released an interim final rule and a proposed rule to amend certain provisions of its 2016 Mortgage Servicing Final Rule. While the changes will not drastically change the 2016 Mortgage Servicing…more

Amended Regulation, CFPB, Consumer Bankruptcy, FDCPA, Final Rules

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The “Rule of Two” Rules the Day in Supreme Court’s Decision Against the VA

The recently decided case of Kingdomware Technologies, Inc. v. United States marks a big win for small business-owning veterans. The Supreme Court unanimously decided that the Department of Veterans Affairs (VA) misinterpreted…more

Competitive Bidding, Construction Industry, Department of Veterans Affairs, Federal Contractors, Federal Supply Schedule (FSS)

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2017 in Review: Three State Enforcement Trends Impacting the Auto Finance Industry

Auto lenders, like many private citizens, began 2017 curious as to what change the impending Trump administration would bring. In the landscape of government enforcement, however, the consensus amongst industry participants was…more

Automotive Industry, Automotive Loans, Car Dealerships, CFPB, Congressional Review Act

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2014 – The Health Law Year in Review

Each year brings significant changes and challenges in the laws governing the health care industry, and 2014 proved to be no exception. What the year may have lacked in the high drama that accompanies comprehensive health reform…more

ACOs, Affordable Care Act, Anti-Kickback Statute, CMP Law, CMS

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CFIUS: New Teeth, Bigger Bite?

The United States governmental committee charged with reviewing foreign mergers and acquisitions with U.S.-based companies or affiliates for potential national security concerns may soon be getting a new set of teeth. The…more

CFIUS, China, Cross-Border Transactions, Foreign Investment, Joint Venture

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New Bankruptcy Rules to Take Effect December 1, 2017

After several years of drafting, debate, compromise and fine tuning, it appears that major changes to the administration of consumer bankruptcy cases are imminent. On April 27, 2017, Chief Justice John Roberts submitted to…more

Amended Rules, Chapter 13, Consumer Bankruptcy, Consumer Financial Products, Federal Rules of Bankruptcy Procedure

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Two Courts Clear the Way for Bankruptcy Trustees to Avoid Tuition Payments Made by Parents on Behalf of Children as Fraudulent Transfers | Financial Services Perspectives

Two bankruptcy courts recently cleared the way for bankruptcy trustees to avoid college tuition payments made by debtor-parents on behalf of their children as fraudulent transfers, potentially affecting the college’s ability to…more

Borrowers, Chapter 7, Consumer Bankruptcy, Debtors, Educational Institutions

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What Employers Can Expect from the New Administration – Part 1: Executive Orders & Administrative Actions

What will a Trump administration do to the labor and employment law landscape? While we can’t predict for certain, we figure we can at least provide better insight than the pollsters who have spent the last year following the…more

Barack Obama, Blacklist, Class Action Arbitration Waivers, Collective Bargaining, Disclosure Requirements

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Insurance Purchasers Beware: Florida Court Finds No Duty to Defend Data Breach Claim Under CGL Personal & Advertising Injury Coverage

On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The…more

Advertising Injury, Claim Denial Letters, Class Action, Commercial General Liability Policies, Cyber Insurance

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Will Alabama Honor Your Choice of Law Provisions?

Amendment 884 calls into question the validity and enforceability of the choice of law provisions in contracts brought before Alabama courts. In November of 2014, Alabama voters ratified Amendment 884 to the Alabama…more

Amended Legislation, Choice-of-Law, Contract Drafting, Contract Terms, Dispute Resolution

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The Camel’s Nose: Incorporating Commercial and Construction Arbitration Rules

There is an old proverb that states, “If the camel once gets his nose in the tent, his body will soon follow.” Stated differently, one should not let the camel’s nose inside unless he or she is prepared to accept the whole…more

AL Supreme Court, American Arbitration Association, Commercial Insurance Policies, Liability Insurance, Mandatory Arbitration Clauses

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Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities…more

Disclosure Requirements, Discovery, Infringement, Innovation Act, Legal Costs

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House Bill 59, Alabama Reinvestment and Abatements Act, Expands Alabama Abatements Significantly

The Alabama Reinvestment and Abatements Act, HB59, Act No. 2015-24 (the “Act”), makes several changes to Alabama abatement law and expands the list of industries and types of projects that are eligible for those abatements…more

Abatement, Pending Legislation, Tax Abatement

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Alabama Department of Revenue Now Argues that ALL Software—Canned or Custom—Is Subject to Sales/Use Tax

The Alabama Tax Tribunal (the “Tribunal”) ruled in a recent case that the taxpayer-hospital was entitled to a refund of the sales tax paid on the purchase of software that had been customized for its particular functions…more

Department of Revenue, Hospitals, Sales Tax, Software, Tax Tribunal

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Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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Important Reminder about Construction Claims for Builders and Contractors

In light of the recent devastation caused by Hurricane Harvey, we want to remind area builders of the 2011 law that applies to disaster remediation contractors performing work in Texas…more

Construction Contracts, Construction Industry, Hurricane Harvey, Natural Disasters, Property Damage

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What Exactly Is a Hospital, Anyway? CMS Issues Guidance on “Primarily Engaged” Medicare Certification Requirement

The rules that govern participation in the Medicare program are notoriously voluminous and complex. Indeed, courts have described them as akin to a “[body of] law written by James Joyce and edited by E.E. Cummings” and “among…more

CMS, Emergency Rooms, Health Care Providers, Healthcare Facilities, Hospitals

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Why your company needs cyberinsurance

Yahoo. Target. Home Depot. LinkedIn. Verizon. Wendy’s. Premera. Bethesda Game Studios. Cottage Health System. 21st Century Oncology. Natural Grocers. Drupal. Kirkwood Community College. What do these companies have in common?…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Tennessee Supreme Court Rejects Efforts to Alter Existing Law on the Collateral Source Rule in Personal Injury Cases

Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred…more

Collateral Source Rule, Damages, Health Care Providers, Health Insurance, Medical Expenses

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Break Out the Pom-Poms

We’re all familiar with the sight. Your team is down in the final minutes of the game but within striking distance. The coach calls a timeout, huddling up the team. The fans are silent. Out runs the cheerleading squad..…