Bradley Arant Boult Cummings LLP

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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
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Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Mississippi
  • North Carolina
  • Tennessee
  • Texas
Number of Attorneys
400+ Attorneys

CFPB Signals Continued Progress Toward Dodd-Frank 1071 Notice of Proposed Rulemaking

On the heels of CFPB Acting Director Dave Uejio’s recently released statement to agency staff members, the Bureau again signaled that it is making progress toward issuing a Notice of Proposed Rulemaking (NPRM) enacting Section…more

Administrative Procedure Act, Consumer Financial Protection Bureau (CFPB), Data Collection, Dodd-Frank, Notice of Proposed Rulemaking (NOPR)

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After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving

Now that the pandemic’s “social distancing” is lessening, we hope you are all able to gather with friends and family this Thanksgiving. As we do the same, we wanted to count our blessings as we review the year. This year, we are…more

CARES Act, Consolidated Appropriations Act (CAA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Debt Collectors

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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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CFPB Auto Finance Consent Order: A Sign of Things to Come for Add-On Products?

On May 21, 2021, the Consumer Financial Protection Bureau (CFPB) and 3rd Generation, Inc. d/b/a California Auto Finance entered into a Consent Order in which the CFPB alleged unfair acts or practices in connection with an auto…more

Add-ons, Automotive Loans, Consent Order, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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FTC’s Largest Penalty to Date under COPPA Imposed on Music Video Social Networking App - Cybersecurity and Privacy Alert

The owner of a video social networking app, Musical.ly, has agreed to pay a $5.7 million civil penalty to settle a complaint brought by the Federal Trade Commission (FTC) alleging violations of the Children’s Online Privacy…more

COPPA, Cybersecurity, Data Collection, Data Protection, Enforcement Actions

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Old Myths Die Hard: District Court Reverses Bankruptcy Court’s Discharge of Student Loan Debt Under Brunner

A district court judge recently reversed and remanded a well-known bankruptcy decision discharging a significant student loan debt. In the Southern District of New York, Judge Philip Halpern, reviewing the bankruptcy court’s…more

Bankruptcy Code, Bankruptcy Court, Brunner/Gerhardt Test, Covenant of Good Faith and Fair Dealing, Debtors

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Illinois Caps Consumer Loans at 36% Rate, Limiting Consumers’ Access to Credit

Last week, Illinois enacted the “Predatory Loan Prevention Act” (SB 1792), which would place a 36% rate cap on nearly all non-bank consumer loans. This act will essentially outlaw small-dollar loans in Illinois and may make…more

Annual Percentage Rate (APR), Governor Pritzker, Interest Rate Caps, Loans, Military Annual Percentage Rates (MAPR)

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Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority

Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator…more

Arbitration, Arbitrators, Equitable Relief, Federal Arbitration Act, Scope of Authority

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EB-5 Enforcement on the Uptick

The EB-5 Immigrant Investor Program is one that attracts its fair share of attention, not all of it good, and too much of it from organizations named with that part of the alphabet — SEC and DOJ — that can strike fear in the…more

Department of Homeland Security (DHS), Department of Justice (DOJ), EB-5, Foreign Investment, Foreign Nationals

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It’s Finally Here: OSHA Reveals COVID-19 Vaccine Rule for Private Sector

The OSHA Emergency Temporary Standard is hot off the presses — now what? Undoubtedly, there will be lots and lots of discussion and legal challenges over the next several days. Although this is not an in-depth analysis, here are…more

Biden Administration, Coronavirus/COVID-19, Deadlines, Employer Liability Issues, Employer Mandates

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Wyoming Supreme Court Rules Refinery Company Can Seek Extracontractual Insurance Recovery Against Holdout Insurer

In a landmark victory for policyholders, the Supreme Court of Wyoming found that a subsidiary of Sinclair Oil can invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court…more

Attorney's Fees, Bad Faith, Business Interruption, Damages, Insurance Code

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Guest Notebook: New Law Offers Rent Relief for Commercial Tenants

At the end of 2020, Congress enacted the Consolidated Appropriations Act, 2021, partially in response to the COVID-19 pandemic and resulting economic crisis. While funding the federal government and preventing a government…more

Amended Regulation, Bankruptcy Code, Bankruptcy Court, Commercial Property Owners, Commercial Tenants

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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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Update on Medical Marijuana in Mississippi: Legislature Leaders Agree on Draft Bill & Call For Special Session

Earlier this week, leadership from both chambers of the Mississippi Legislature agreed to a draft bill for a Mississippi medical marijuana program. Lawmakers have asked Gov. Tate Reeves to call them into special session on…more

Cannabis Act, Cannabis-Related Businesses (CRBs), Governor Reeves, Legislative Agendas, Marijuana

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IRS Proposes Regulations on ACA Reporting: Good News and Bad News for Employers

The Internal Revenue Service (IRS) has published proposed regulations that, if finalized, will ease some of the requirements imposed on employers reporting offers of minimum essential health coverage, including a permanent…more

Affordable Care Act, Corporate Counsel, Deadlines, Employee Benefits, Employees

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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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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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D.C. Circuit Ruling Escalates False Claims Act Risk for Medicare Advantage Organizations

In a ruling that may portend a significant uptick in False Claims Act (FCA) whistleblower cases, last week the U.S. Court of Appeals for the District of Columbia Circuit reversed a 2018 decision that vacated Medicare's…more

Appeals, Centers for Medicare & Medicaid Services (CMS), Department of Justice (DOJ), False Claims Act (FCA), Medicare

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Infrastructure Bill Appropriates Funds to Disadvantaged Business Enterprises

H.R. 3864, the Infrastructure Investment and Jobs Act or Bipartisan Infrastructure Bill (BIB), passed a vote by the U.S. House of Representatives on November 5, 2021, and will soon become law upon signing by President Biden…more

Biden Administration, Construction Project, DBE/MBE, Department of Transportation (DOT), Federal Contractors

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New Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption

Are you paying employees using a day rate under the FLSA? If so, you may want to read the Fifth Circuit’s recent ruling in the latest string of Helix Energy cases. According to the Fifth Circuit, companies who do business in…more

Day-Rate Pay, Department of Labor (DOL), Employee Rights, Employees, Employer Liability Issues

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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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False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may…more

Ambiguous, Anti-Kickback Statute, Damages, Deficit Reduction, Department of Health and Human Services (HHS)

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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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EB-5 Enforcement on the Uptick

The EB-5 Immigrant Investor Program is one that attracts its fair share of attention, not all of it good, and too much of it from organizations named with that part of the alphabet — SEC and DOJ — that can strike fear in the…more

Department of Homeland Security (DHS), Department of Justice (DOJ), EB-5, Foreign Investment, Foreign Nationals

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The CFPB Director Expresses Concern About Section 1071 Regulatory Burdens on Small Banks

After the Consumer Financial Protection Bureau (CFPB) issued their Notice of Proposed Rulemaking (NPRM) related to Dodd-Frank 1071, Rohit Chopra, the new CFPB director, expressed his concern regarding the regulatory burden that…more

Banks, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Financial Institutions, Notice of Proposed Rulemaking (NOPR)

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11th Circuit Forbids Incentive Payments

You need to read Johnson v. NPAS Solutions, LLC. This recent decision from the 11th Circuit fundamentally changes the rules of obtaining approval for class action settlements. Johnson’s introduction emphasizes that the 11th…more

Appeals, Attorney's Fees, Class Action Settlement, Due Process, En Banc Review

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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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Financial Negligence Claim Reversed in Mississippi Supreme Court

In Gloria Baker, et al. v. Raymond James & Associates Inc., et al., the Mississippi Supreme Court on March 4 reinstated a trial court ruling that Mississippi’s latent-injury discovery-rule exception to the catch-all, three-year…more

Appeals, Financial Institutions, Financial Statements, MS Supreme Court, Negligence

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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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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

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Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to help…more

Civil Monetary Penalty, Department of Labor (DOL), Employees, Employer Liability Issues, Final Rules

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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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Privacy Requirements under COVID-19 Emergency Rental Assistance Program

Many relief programs have been implemented over the past year in response to COVID-19, and keeping up with the changing requirements for these programs can be daunting. A new twist in the requirements is the mandate for…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Landlords, Privacy Rule, Relief Measures

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Minnesota Automatic-Approval Rule Secures CUP and Saves Solar Project

One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community may…more

Appeals, Applications, Conditional Use Permit, Permits, Renewable Energy

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Don’t Let A Natural Disaster Cause Financial Disaster

In light of the potential for future national disasters such as Hurricane Harvey and all the damage that they can cause, the Consumer Financial Protection Bureau (CFPB) has provided advice on measures to take to secure your…more

Consumer Financial Protection Bureau (CFPB), FEMA, Hurricane Harvey, Hurricane Season, Mortgage Lenders

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Tennessee Makes Major Changes to CON Law

Tennessee healthcare providers will soon have a very different certificate of need (CON) law to consider as they plan new facilities and services. Tennessee’s legislature and governor recently enacted Public Chapter 557, which…more

Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need, Dedicated Emergency Departments, Health Care Providers

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Federal District Court Applies Expansive Definition of “Referral” to Find Liability under the Anti-Kickback Statute

Despite its central importance to the application of the federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b) (AKS), the term “refer” is not defined by statute or regulation, and it has seldom been interpreted by the courts or…more

Anti-Kickback Statute, Appeals, Code of Federal Regulations (CFR), Liability, Remand

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Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages - Construction and Procurement Law News, Q3 2021

In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the…more

Bad Faith, Builders Risk Insurance, Commercial Insurance Policies, Construction Contracts, Construction Disputes

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What You Need to Know About EPA Enforcement During COVID-19

The United States Environmental Protection Agency (EPA) has issued three guidance documents to address changes in enforcement of environmental laws and regulations due to the COVID-19 pandemic. We reviewed these policies to…more

CERCLA, Compliance, Coronavirus/COVID-19, Enforcement Guidance, EPA

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New Bankruptcy Rules to Take Effect December 1, 2021

A few changes to the Federal Rules of Bankruptcy Procedure became effective on December 1, 2021. The most noteworthy change relates to Bankruptcy Rule 9036, which addresses notice and service by electronic transmission…more

Bankruptcy Court, Debtors, FDIC, Federal Rules of Bankruptcy Procedure, New Rules

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After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving

Now that the pandemic’s “social distancing” is lessening, we hope you are all able to gather with friends and family this Thanksgiving. As we do the same, we wanted to count our blessings as we review the year. This year, we are…more

CARES Act, Consolidated Appropriations Act (CAA), Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Debt Collectors

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COBRA and DCAP Provisions of the American Rescue Plan Act of 2021

The American Rescue Plan Act of 2021 (ARPA) was signed into law March 11, 2021. Particularly relevant to employers are its provisions regarding premium subsidies and additional enrollment rights for certain individuals in…more

American Rescue Plan Act of 2021, COBRA, Department of Labor (DOL), Dependent Care Assistance Program (DCAP), Employee Benefits

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First Round of Opportunity Zone Guidance Proposed by Treasury Department - Economic Development News

The Tax Cuts and Jobs Act created the Opportunity Zone program, which was designed to encourage investment in economically distressed communities by allowing taxpayers to defer and potentially exclude certain portions of their…more

Capital Gains, Economic Development, Income Taxes, Investors, IRS

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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 Finalizes Redesign of Medicare Shared Savings Program - Healthcare Alert

On December 31, 2018, the Centers for Medicare and Medicaid Services (CMS) published a Final Rule that redesigns the Medicare Shared Savings Program (MSSP). The rule implementing this redesign, titled “Pathways to Success,”…more