Bradley Arant Boult Cummings LLP

One Federal Place
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
  • Criminal 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
See more
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Mississippi
  • North Carolina
  • Tennessee
  • Texas
Number of Attorneys
600+ Attorneys

The Changing Landscape of Florida Civil Litigation

Successfully navigating the Florida state court litigation system has become easier and less costly based on recent procedural and logistical developments. With more changes on the horizon, staying current on these developments…more

Coronavirus/COVID-19, Federal Rules of Civil Procedure, Florida, State and Local Government, State Courts

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Complying With the FTC's Amended Safeguards Rule

Cybersecurity is a looming threat for most businesses. The impact of a major cyber event can resonate for weeks, months, and even years after the initial attack. To mitigate the risks to consumers, there have been several…more

Amended Rules, Compliance, Cybersecurity, Data Disposal Protocols, Data Retention

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Obtaining a License to Transport Medical Cannabis in Alabama

Alabama became the 36th state to allow cannabis for medical use when Gov. Kay Ivey signed into law the Darren Wesley ‘Ato’ Hall Compassion Act on May 17, 2021. The act establishes a process through which applicants will compete…more

Alabama, Cannabis Products, Legalization, Legislative Agendas, Licenses

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Proposed Tax Regulations Eliminate Possibility of Clawback of Lifetime Gifts for Estate Tax Purposes

As previously posted, the Tax Cuts and Jobs Act signed into law in December 2017 (the “2017 Act”) made significant changes to the federal wealth transfer system with respect to gift and estate tax transfers during the calendar…more

Clawbacks, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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DOJ Evaluation of Corporate Compliance Programs - Government Enforcement Update

On April 30, 2019, the Department of Justice (DOJ), Criminal Division released a new guidance document intended to assist prosecutors in evaluating corporat­­­e compliance programs and guide corporations in creating them. The…more

Best Practices, Chief Compliance Officers, Compliance, Corporate Counsel, Corporate Culture

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Ginnie Mae Announces PTAP Assistance for Issuers

In an All Participants Memo dated April 10, 2020 (APM 20-03), Ginnie Mae announced that it revised and expanded its issuer assistance programs in Chapter 34 of the Mortgage Backed Securities Guide (MBS Guide) to include a…more

Bondholders, Contract Terms, Coronavirus/COVID-19, Ginnie Mae, Mortgage Lenders

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State and Federal Regulators Open Probe into 403(b) Plans for Teachers

In what appears to be a growing trend, state and federal regulators are launching investigations into the sales practices and administration of 403(b) retirement plans for school districts. Two weeks ago, on January 10, 2020,…more

403(b) Plans, Benefit Plan Sponsors, Broker-Dealer, Deferred Compensation, Educational Institutions

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Calling All Community Banks: CDFI Fund Opens Applications for FY 2023 Bank Enterprise Award Program

FDIC-insured depository institutions seeking CRA credit opportunities may be eligible to apply for funding to further impact the distressed communities they serve. On March 31, 2023, the Department of Treasury’s Community…more

Affordable Housing, BEA, CDFI Fund, Community Banks, FDIC

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Check for Bankruptcies with Your Claimant – You Might Find Gold | Insights & Events

If your company is named in a new lawsuit or receives a EEOC charge, part of your review process should include checking to see if the filing complainant or plaintiff has a pending bankruptcy action. If so, the next step is to…more

Disclosure, EEOC, Employees, Employer Liability Issues, Employment Litigation

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What happens when a “your work” exclusion collides with a “product completed operations” clause in a CGL policy?

A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project, Contractors

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How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration…more

AL Supreme Court, Appeals, Arbitration, Arbitration Awards, Arbitrators

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Buy-Sell Agreements: They May Be a Business Partner’s Best Friend

Most private businesses have bylaws, company agreements or partnership agreements that govern their operations, but these agreements are often silent, or not well thought out, regarding issues that may become critically…more

Business Partners, Buy-Sell Agreements, Corporate Governance, Minority Shareholders, Privately Held Corporations

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Teaming Up? EEOC and DOL Announce Enhanced Enforcement Efforts

Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the purpose…more

Anti-Discrimination Policies, Department of Labor (DOL), EEOC, Enforcement, FLSA

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Who Do We Think We Are? Lawyers as Stewards of a Noble Profession

Introduction: Lawyers as Stewards of a Noble Profession - In the final scenes of the movie “A Few Good Men” – one of the great classics of legal cinema – under dramatic, but extremely risky cross-examination by Lt. Daniel…more

Business Development, Due Process, Law Firm Associates, Law Firm Partners

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Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors so…more

Appeals, Artificial Intelligence, Authorship, Copyright, Employees

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Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

As discussed in prior posts and articles (here, here and here), in 2019 Congress passed the Small Business Reorganization Act creating new Subchapter V of Chapter 11 of the Bankruptcy Code. The purpose of Subchapter V was to…more

Bankruptcy Code, Chapter 11, Exceptions, Small Business, Small Business Reorganization Act of 2019 (SBRA)

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A New Day for Arbitration in Mississippi?

The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is more…more

Arbitration, Arbitration Agreements, Case Management, Discovery, Dispute Resolution

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Federalizing Fla.'s State Court Swamp—Big Changes Are Coming to State's Civil Litigation

Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and…more

Discovery, Federal Rules of Civil Procedure, FL Supreme Court, Florida, Litigation Strategies

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Don’t Tell Me This Town Ain’t Got No Heart: Mississippi’s Attorney General Opines on a City’s Ability to Regulate Medical Cannabis Businesses

What promises to be the first of a litany of legal interpretations of the new Mississippi Medical Cannabis Act (MMCA), Attorney General Lynn Fitch released an official attorney general’s opinion on April 15, 2022, regarding the…more

Amended Regulation, Business Operations, Cannabis Act, Cannabis-Related Businesses (CRBs), Dispensaries

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Making the First “Gag Clause” Attestations: A Quick Reference Guide

Under the Consolidated Appropriation Act of 2021 (CAA), group health plans and health insurance issuers are prohibited from entering into agreements with service providers restricting certain information that the plan may make…more

Attestation Deadlines, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans

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Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and recently…more

Confidentiality Agreements, Enforcement, FTC, NLRA, NLRB

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Uncertainties Surround Rising Agricultural Debt and Default Rates in the U.S.

The United States and China reached the first phase of a trade deal on October 11th, postponing the next round of tariffs that President Trump planned to impose on Chinese goods the following week. Under the trade deal, which is…more

Agricultural Sector, Banking Sector, China, Commercial Loans, Community Banks

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Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced

Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary state…more

Arbitration Agreements, Construction Contracts, Construction Industry, Federal Arbitration Act, General Contractors

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Unpacking GAO's FY 2023 Bid Protest Report

The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters…more

Annual Reports, Bid Protests, Contract Disputes, Federal Contractors, Fiscal Year

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Abandoned and Orphaned Wells: How to Reduce Risks and Minimize Environmental Impacts

For more than 100 years, companies and private landowners in the United States have drilled tens of millions of wells to extract oil and gas. When oil and gas wells reach the end of their productive lifespans, the owners and…more

Energy Sector, Environmental Policies, Infrastructure Investment and Jobs Act (IIJA), Oil & Gas, Orphan Wells

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Alabama Bankruptcy Court Substantially Reduces Award of Attorney’s Fees

In practice, it is not uncommon for bankruptcy debtors to file suit against creditors or debt collectors for stay and discharge injunction violations. Often, they will do so before making any meaningful attempt to communicate…more

Adversary Proceedings, Attorney's Fees, Bankruptcy Court, Chapter 13, Creditors

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SCOTUS to Decide Constitutional Fate of SEC’s In-House Courts

The U.S. Supreme Court will decide whether the Securities and Exchange Commission’s (SEC) in-house enforcement proceedings violate the Constitution, teeing up a decision that could curtail securities law enforcement and broadly…more

Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges, Enforcement Actions

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Bradley Helps Hyundai Motor Company Secure Reversal of $2.2 Million Jury Verdict in Mississippi Rollover Case

On Thursday, September 16, the Mississippi Supreme Court reversed a $2.2 million jury verdict against Hyundai Motor Company and rendered a judgment for Hyundai, after finding that a significant number of jurors had been…more

Appeals, Compromise & Release, Daubert Standards, Jury Verdicts, MS Supreme Court

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Information Blocking Rule Compliance Date Extended Due to Pandemic

The U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) released an interim final rule on October 29, 2020, delaying the implementation of the information…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Compliance, Coronavirus/COVID-19

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Second Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions

On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar…more

Centers for Medicare & Medicaid Services (CMS), Criminal Convictions, Department of Justice (DOJ), Enforcement Actions, Government Agencies

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CFPB Provides New Guidance on Discrimination in Algorithmic Credit Decisions

As we have repeatedly discussed this year in our Financial Services Perspectives blog, the current leadership of the CFPB has placed a significant emphasis upon fair lending. Seemingly once a month, or even more frequently at…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ECOA, Fair Lending, Financial Institutions

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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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Q&A with the Mississippi Securities Division: From Ponzi Schemes to Cryptocurrency

State securities regulators saw a busy 2021, and 2022 looks to continue in much the same fashion. Some of the more active topics for regulators have included protecting senior investors, stopping fraudulent investment schemes…more

Broker-Dealer, Cryptocurrency, Due Diligence, Investigations, Ponzi Scheme

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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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Fifth Circuit Upholds Marijuana User’s Second Amendment Rights – Will the Eleventh Circuit Do the Same?

A question frequently encountered in the cannabis industry involves a cannabis user’s gun rights. This stems from the ever-present federal and state law tension overlaying marijuana in the United States — thanks to the Schedule…more

Cannabis Products, Controlled Substances, Controlled Substances Act, Firearms, Legislative Agendas

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Contract Language Matters, Even to Uncle Sam - Construction and Procurement Law News, Q1 2021

No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not much…more

Ambiguous, Appeals, Bid Solicitation, Clean Water Act, Construction Contracts

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Can There Be Implicit Waiver of Attorney-Client Privilege in Insurance Bad Faith Actions? South Carolina Supreme Court Answers That Question

In June, the South Carolina Supreme Court addressed waiver of the attorney-client privilege in bad faith refusal to provide coverage cases and found that, under South Carolina law, an insurer that asserts its subjective…more

Attorney Malpractice, Attorney-Client Privilege, Bad Faith, Commercial General Liability Policies, In Camera Review