Author Info for Burr & Forman

Nicholas Agnello

Third Circuit Weighs in on Mailing Vendors in Debt Collection and Article III Standing

The Third Circuit Court of Appeal recently weighed in on the burgeoning number of cases alleging that debt collector use of mailing vendors requires communication with a third party about consumer debt that violates the Fair…more

Article III, Common Law Torts, Debt Collection, Debt Collectors, Dismissals

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Jeffrey Allen

South Carolina Extends and Increases the State Abandoned Buildings Revitalization Tax Credit

On May 20, 2024, South Carolina Governor Henry McMaster signed into law S.1021, a new law that extends and increases tax credits available to taxpayers who rehabilitate or renovate an existing, abandoned building. The new law…more

Abandoned Property, Construction Project, New Legislation, Real Estate Development, Redevelopment

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Chandler Aragona

The Burr Morning: Key Legal Developments to Watch for in 2024

Matt Scully and Chandler Aragona review key developments in employment law from 2023 and forecast trends for 2024, including federal developments on DOL's new salary threshold, FTC's ban on non-competes, and the Pregnant Workers…more

Department of Labor (DOL), Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Adam Artigliere

How You Can Bring Meaningful Affordable Housing Tax Incentives to Your Community

The moniker “affordable” and “workforce” housing can mean different things to different stakeholders. Most will agree that localities and states have recognized a need to provide reasonably priced homes for our workforce and…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Housing Market, Low Income Housing

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William Patrick Ayers

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later…more

Breach of Contract, Business Closures, Business Interruption, Commercial Leases, Commercial Tenants

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Pamela Baker

Augusta Baker: Twentieth Century Librarian, Author, and Champion of Inclusive Literature

What do Sesame Street, Eleanor Roosevelt, and Mary Poppins all have in common? They are all a part of Augusta Baker’s inspiring story. Learn about this trailblazing, glass-ceiling-breaking champion of inclusive children’s…more

Authors, Books, Diversity, Heritage & Culture, Libraries

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Joseph Barnello

The Burr Broadcast: FLSA Overtime Exemption

In this episode of The Burr Broadcast, Joe Barnello shares important updates regarding the new rules for overtime exemptions under the FLSA, set to take effect on July 1, 2024…more

Fair Labor Standards Act (FLSA), Over-Time, Wage and Hour, White-Collar Exemptions

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Robin Beardsley Mark

Cyber Incident Reporting Obligations for Public Companies under the SEC’s New Cybersecurity Rules

The U.S. Securities Exchange Commission (SEC) recently adopted a final rule regarding cybersecurity risk management, governance, and incident reporting. The final rule went into effect on September 5, 2023, and disclosure…more

Corporate Governance, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Jessie Bekker

FDA Releases New Draft Guidance Regarding Clinical Trial Data Monitoring Committees

The U.S. Food & Drug Administration (FDA) released a new proposed draft guidance in February that would change the FDA’s outlook on the engagement of a data monitoring committee (DMC) in clinical trials. Originally Published…more

Clinical Trials, Data Management, Draft Guidance, Food and Drug Administration (FDA), Healthcare

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Howard Bogard

A New Year’s Resolution: Update Your Compliance Program Based on New Government Guidance

For the year ending September 30, 2023, federal False Claims Act settlements and judgments exceeded $2.5 billion, much of which came from the health care industry. The largest, at over $487 million, stems from a finding by a…more

Anti-Kickback Statute, Compliance Management Systems, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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Christian Borek

COBRA Without the Bite

On March 11, 2020, President Biden signed into law the American Rescue Plan Act (“ARPA”). The ARPA mandated several important changes for both employers and employees. One of these is potentially significant for both: full…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

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Gennifer Bridges

District of Massachusetts Enjoins Massachusetts’ Attorney General from Prohibiting Collection Calls

On May 6, 2020, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts granted a temporary restraining order (“TRO”) and preliminary injunction sought by ACA International (“ACA”) against…more

Constitutional Challenges, Coronavirus/COVID-19, Debt Collection, Debt Collectors, Enforcement Actions

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Richard Brockman

Burr Alert: Phase 2 HIPAA Audits

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil Rights…more

Business Associates, Covered Entities, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Audits

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Edward Brown

Beverage Wholesalers Deal With Bang Bankruptcy

Vital Pharmaceuticals, Inc., the company behind Bang Energy drinks, along with certain affiliated entities including Quash Seltzer, LLC, filed for Chapter 11 bankruptcy protection on October 10, 2022 in the Southern District of…more

Bankruptcy Court, Beverage Manufacturers, Chapter 11, Commercial Bankruptcy, Creditors

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Jonathan Brown

Florida’s Comprehensive Tort Reform – Governor DeSantis Signs H.B. 837 Into Law, Signaling a New Era For Civil Litigation in Florida

On March 24, 2023, Florida Governor Ron DeSantis signed H.B. 837 into law. This legislation enacts significant and wide-ranging changes to civil litigation practice in the state, including revamping comparative negligence…more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

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Ken Bryant

Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

A recent (and surprising) ruling of the United States Supreme Court may allow businesses to be sued in states in which they have little connection. The United States Supreme Court, split 5-4 (Gorsuch, Thomas, Alito, Sotomayor…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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Jacob Burchfield

Supreme Court: SEC Administrative Law Judges Must Be Appointed by Political Officials

Are Administrative Law Judges (“ALJs”) “Officers of the United States” or simply employees of the Federal Government? In Lucia v. SEC, decided last Thursday, the Supreme Court answered that question in favor of the former, and…more

Administrative Law Judge (ALJ), Administrative Proceedings, Appeals, Appointments Clause, Constitutional Challenges

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S. Greg Burge

Keeping the PR in Privilege: Outside Public Relations and the Attorney-Client Privilege

In an earlier edition of the TIPS newsletter, we discussed the importance of outside counsel acting in the role of counsel, and not the role of an insurance adjuster, to preserve the attorney-client privilege over communications…more

Attorney-Client Privilege, Functional Equivalent, Insurance Adjusters, Insurance Litigation, Public Relations

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Jackson Burrow

The United States Supreme Court Requires Courts to Stay Rather Than Dismiss Actions Subject to Arbitration

In Smith v. Spizzirri, 2024 WL 2193872 (U.S. May 16, 2024), the United States Supreme Court issued a ruling holding that courts must stay, rather than dismiss, cases that are subject to arbitration. The unanimous decision…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, SCOTUS

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Jon Campbell Jr.

The Re-Imagining of the American Shopping Mall

Nearly 70 years ago the American shopping mall was born in Edina, Minnesota. Southdale Mall was the idea of the Godfather of the Shopping Mall, Victor Gruen. The Austrian-American architect immigrated to the United States in…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Mixed-Use Zoning

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John Carroll

Developers Prepare to Gain Density and Reduced Wetlands Restrictions After EPA Policy Change

In 2011, the Obama administration’s Environmental Protection Agency (the “EPA”) issued a rule interpretation that vastly broadened the definition of “Waters of the United States” subject to the EPA’s regulatory jurisdiction…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Waters of the United States, Wetlands

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D. Christopher Carson

Municipalities: Revenue Crunches and Chapter 9 Bankruptcies on the Horizon

Last year many states and municipalities across our country as well as the elected officials who led them celebrated our nation’s low unemployment, increasing tax revenue and the zenith moments of what was the longest economic…more

Bankruptcy Code, Chapter 11, Chapter 7, Chapter 9, Commercial Bankruptcy

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Rachel Blackmon Cash

COVID-19 Collections Restriction Efforts: Ohio, Maryland, and Massachusetts

On March 25, 2020, State Rep. Thomas West of Ohio introduced legislation, HB 596, which would halt all in-state debt collections until Ohio’s state of emergency expired…more

Coronavirus/COVID-19, Debt Collection, Financial Services Industry, Legislative Agendas, Mortgages

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Jennie Cerrati

Five Common Questions for Qualified Plans and IRAs under CARES Act

1. Do I have to take my required minimum distributions (RMD) in 2020? No. Required minimum distribution rules do not apply for 2020 for IRAs, Roth IRAs, qualified defined contribution plans, 403(b) plans and…more

403(b) Plans, 457(b) Plans, CARES Act, Compensation & Benefits, Employee Benefits

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Andrew Cicero, III

Beverage Wholesalers Deal With Bang Bankruptcy

Vital Pharmaceuticals, Inc., the company behind Bang Energy drinks, along with certain affiliated entities including Quash Seltzer, LLC, filed for Chapter 11 bankruptcy protection on October 10, 2022 in the Southern District of…more

Bankruptcy Court, Beverage Manufacturers, Chapter 11, Commercial Bankruptcy, Creditors

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Rachel Cocciolo

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

In a decision rendered on December 30, 2016, the bankruptcy court for the Southern District of Florida (the “Court”) addressed the debtor’s counsel’s interim application for an award of fees and expenses for services rendered to…more

Attorney's Fees, Chapter 11, Consumer Bankruptcy, Creditors, Debtors

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John Coleman, III

DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an emphasis…more

Employee Representatives, Employer Liability Issues, Health and Safety, Labor Reform, OSHA

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William Collins Jr.

Recent Georgia Court of Appeals Case Highlights Alternative Theories of Relief in Unfair Competition Case

Beginning in law school, attorneys are trained to learn from reported appellate cases, and that education never stops. In a recent Georgia Court of Appeals case involving claims of unfair competition, Lyman v. Cellchem Int’l…more

Breach of Duty, Fiduciary Duty, Tortious Interference, Unauthorized Access, Unfair Competition

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John Connell Jr.

Burr Broadcast September 20, 2022

On this episode of the Burr Broadcast, Burr Partner John Connell discusses the recent case of Summer Sowash v. Marshalls of MA, Inc., a Fourth Circuit unpublished Opinion, highlighting sexual harassment in the workplace…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Sexual Harassment, Title VII

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Ryan Corbett

Supreme Court Upholds, But Limits, Assignor Estoppel Doctrine

On June 29, 2021, the Supreme Court limited the doctrine of assignor estoppel that has long prevented inventors from challenging the validity of patents they have assigned to a third party. …more

Assignor Estoppel, Employment Contract, Estoppel, Medical Devices, Minerva Surgical Inc. v Hologic Inc.

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Benjamin Coulter

Regulation Best Interest is Good Enough: The Second Circuit Upholds Regulation BI in XY Planning Network

In XY Planning Network, LLC, et al. v. SEC, et al., the United States Court of Appeals for the Second Circuit rejected a challenge to Regulation Best Interest brought by an organization of investment advisers, an individual…more

Best Interest Standard, Broker-Dealer, Dodd-Frank, Fiduciary Duty, Investment Adviser

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Meryl Cowan

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Law Violations

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M. Elizabeth Crum

Hot Topics in Health Care – September 2022

Physicians and Pharmacists Concerned Over Post Dobbs State Laws Limiting Independent Medical Judgment - On September 8, 2022, the American Medical Association (AMA), American Pharmacists Association (APhA), American Society…more

Abortion, Affordable Care Act, Certificates of Public Advantage (COPAs), Coronavirus/COVID-19, Dobbs v. Jackson Women’s Health Organization

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William Daniels Jr.

The Coronavirus Effect on Construction Projects

There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project. Commercial…more

Business Interruption, China, Construction Project, Contract Terms, Coronavirus/COVID-19

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Marcel Debruge

The Burr Morning Show: NLRB Updates

In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024. …more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations, NLRA

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Matthew DeVries

Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

In a groundbreaking move aimed at fostering fair competition and empowering workers, the Federal Trade Commission (FTC) issued a final rule last week to ban noncompete agreements nationwide. This ruling may carry profound…more

Competition, Construction Contracts, Employment Contract, Federal Trade Commission (FTC), Intellectual Property Protection

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Erik Doerring

Corporate E-Note - August 2021

Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions - On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going…more

Biden Administration, Coronavirus/COVID-19, Employment Policies, Food Service Workers, Foreign Workers

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Devin Dolive

Construction and Real Estate E-Note - August 2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training…more

Construction Project, Construction Workers, Employment Contract, Employment Policies, Foreign Nationals

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David Dowd, III, CIPP/US

Creation of the Cyber Safety Review Board

The United States Department of Homeland Security announced on February 3, 2022 the formation of a 15 person Cyber Safety Review Board, (the “CSRB”), which will be led by Robert Silvers, the Department of Homeland Security Under…more

Biden Administration, Cybersecurity, Data Protection, Department of Homeland Security (DHS), Homeland Security Cybersecurity & Infrastructure Security Agency (CISA)

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Erich Durlacher

You Can Come In, But You Can’t Stay – Judge Grossman Dismisses Debtor’s Case for Re-designating Under the SBRA After Deadlines Have Passed. Seven Stars on the Hudson Corp., Case No. 19-17544-SMG, (Bankr. S.D. Fla. Aug. 7, 2020).

“Timing in Life Is Everything” – John Sculley - Relying on a plain reading of Sections 1188 and 1189 of the Bankruptcy Code, Bankruptcy Judge Scott M. Grossman dismissed the Seven Stars bankruptcy case based on the debtor’s…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Jonathan Eggert

The Burr Morning Show: Immigration Updates

Melissa Azallion Kenny and Jon Eggert explore the latest updates and trends in immigration law and policy. They discuss best practices for ensuring compliance and strategies for managing immigration challenges in the current…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, Immigration Reform

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Joshua Ehrenfeld

Recent Opportunity Zone Regulations Benefit Entrepreneurs

Congress enacted the Opportunity Zone (“OZ”) investment incentives in late 2017 as part of the Tax Cuts and Jobs Act. Since then many investors, fund managers, and community development professionals have devoted significant…more

Business Income, Business Taxes, Compensation, Entrepreneurs, Income Taxes

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David Elliott

Investigating and Defending Identity Theft Claims Against Furnishers Under The Fair Credit Reporting Act

Introduction - The Fair Credit Reporting Act (FCRA) was enacted to promote the accuracy, fairness, and privacy of information maintained by Consumer Reporting Agencies (CRAs). In addition to imposing duties on the CRAs, it…more

Claim Procedures, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Schuyler Espy

Alabama Pushes Back on EPA Proposed CCR Program Denial

In early August 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed denial of Alabama’s permit program to manage coal combustion residuals (CCR) in landfills and surface impoundments within the state. The…more

Alabama, Coal, Coal Industry, Environmental Policies, Environmental Protection Agency (EPA)

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Ronald Farley

EPA Administrator Nomination Confirmed by Senate While EPA Defends Recent Analysis Showing Decline in Enforcement

The Senate narrowly confirmed Andrew Wheeler as Administrator of the Environmental Protection Agency on Thursday, February 28, 2019, by a vote of 52-47. No Democrats supported the nomination and one Republican also opposed. …more

Confirmation Proceedings, Employment Policies, Enforcement Actions, Environmental Protection Agency (EPA), Presidential Nominations

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Kelli Carpenter Fleming

Healthcare Provider Disincentives for Information Blocking

On June 31, 2024, the Department of Health and Human Services (“HHS”) published a final rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century Cures…more

21st Century Cures Act, Department of Health and Human Services (HHS), Electronic Medical Records, Electronic Protected Health Information (ePHI), Health Care Providers

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Ronald Flowers

Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial…more

Biden Administration, Coronavirus/COVID-19, Cyberbullying, Disciplinary Proceedings, Employee Retention

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Warren "Cole" Foster

United States Supreme Court Rejects Challenge to the Consumer Financial Protection Bureau’s Funding Mechanism

Last Thursday, the Supreme Court upheld the Congressional funding mechanism used to fund the Consumer Financial Protection Bureau (CFPB), overruling a Fifth Circuit decision that found the funding mechanism violated the…more

CFPB v Community Financial Services Association of America, Community Financial Services Association, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Federal Funding

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Rachel Friedman

Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”) for…more

Article III, Corporate Counsel, Debt Collection, Debt Collectors, FDCPA

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Jason Gabriel

Live Local Act Makes It Easier to Develop Affordable Housing in FL

Background - On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act (“LLA” or “Act”), into law, representing a large investment for housing efforts, one of the largest in…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

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Douglas Gartenlaub

A Brief Overview of the Recent Changes to the AIA A201

In 1997, the American Institute of Architects (“AIA”) started updating the A201 every ten years. The AIA has now introduced a 2017 version of the A201 and other contract documents, including the A100 series. …more

American Institute of Architects, Architects, Construction Industry, Design-Build, Regulatory Oversight

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Cheri Turnage Gatlin

Construction and Real Estate E-Note - August 2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training…more

Construction Project, Construction Workers, Employment Contract, Employment Policies, Foreign Nationals

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Rachel Gilbert

CMS Proposes to Resolve 340B Illegal Rate with $9M Pay-Out for Traditional Medicare; Medicare Advantage to be Negotiated Privately

In July 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a final rule to address illegal traditional Medicare rates paid in the 340B Drug Pricing Program from 2018-2022. CMS’ proposal would see CMS pay 340B…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, Health Insurance

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Gerald Gillespy

Important Changes To The Federal Rules Are Almost Here

On December 1, 2015, amendments to the Federal Rules of Civil Procedure adopted by the United States Supreme Court will be effective (absent action by Congress). The amendments to the Rules should be duly noted by litigation…more

Discovery, Federal Rules of Civil Procedure, FRCP 26, FRCP 34, SCOTUS

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James Gilliam

Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial…more

Biden Administration, Coronavirus/COVID-19, Cyberbullying, Disciplinary Proceedings, Employee Retention

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Robert Given

Cyber Insurance - An Essential Component to Your Business

The impact of cyber-attacks cannot be underestimated. Cyber liability exposure will be a loss leader for businesses in 2023. With this in mind, it is imperative for any business to properly manage its ever growing cyber risk,…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Risk Management

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Jon Gumbel

Changes to Georgia Unemployment Benefits: Eligibility, Total Benefits and Employer Obligations

As the COVID-19 public health emergency continues to ravage our communities, an increasing number of Georgians are forced to file for unemployment benefits…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Unemployment Benefits, Unemployment Insurance

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James Haithcock, III

Life After Death for Chapter 7 Corporate Debtors? What Remains After a Corporate Liquidation

Individuals filing for bankruptcy pursuant to Chapter 7 of Title 11 of the United States Code (the "Bankruptcy Code") generally do so to have their debts discharged and receive the proverbial "fresh start." The same, however, is…more

Chapter 7, Commercial Bankruptcy, Fraud, Liquidation, Young Lawyers

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Lindsay Hartman

Corporate E-Note - October 2021

Resources - What We Do And Don’t Know About The New COVID-19 Vaccination Mandates - Since President Biden’s announcement on September 9, 2021 of plans for COVID-19 vaccination and/or weekly testing mandates, we have received…more

Business Licenses, Coronavirus/COVID-19, Employer Mandates, Enforcement Actions, Federal Acquisition Regulations (FAR)

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Allison Hawkins

EEOC Issues Proposed Harassment Guidance Broadening Employers’ Obligations Under Federal EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on "Enforcement Guidance of Harassment in the Workplace." The guidance…more

Digital Platforms, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Harassment

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Victor Hayslip

Eleventh Circuit’s Reading of FAA Bars Pre-Hearing Discovery

If an arbitration is governed solely by the FAA, an arbitrator may not require non-parties to take part in any pre-hearing discovery outside the presence of the arbitrator. In the recent Eleventh Circuit Court of Appeals…more

Appeals, Arbitration, Discovery, Discovery Disputes, Federal Arbitration Act

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Ryan Hebson

District Court Denies Certification of “Novel” TCPA Reassigned Number Class Defined by List of Cell Phone Subscribers Identified by Plaintiff’s Counsel Because Class Still Could Not Be Ascertained Based on “Objective Criteria”

Although courts across the country agree that “a plaintiff class should not be certified unless membership therein is ‘adequately defined and clearly ascertainable,’” the extent of what a plaintiff must provide to satisfy this…more

Ascertainable Class, Class Action, Class Certification, FRCP 23, Reassigned Phone Numbers

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William Hereford

Jefferson County 2023 Property Valuations - Protest Deadline is July 27, 2023

The Jefferson County Board of Equalization recently published the 2023 real property valuations. If you want to protest the valuation of your property, you must submit a protest with the Jefferson County BOE no later than July…more

Board of Equalization, Property Owners, Property Tax, Property Valuation, Protests

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Erin Hewitt

Fannie Mae and Freddie Mac Payment Deferral Programs

On March 23, in response to the COVID-19 Pandemic and its effects in the United States, the Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will offer mortgage forbearance to multifamily borrowers…more

Coronavirus/COVID-19, Deferred Action, Fannie Mae, Forbearance Agreements, Freddie Mac

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H. Carlton Hilson

New Alabama Overtime Tax Exemption and Employer Reporting Obligations Coming in January 2024

Alabama employers should be aware of the new state tax exemptions that take effect for certain overtime payments beginning on January 1, 2024. Alabama has temporarily modified its tax code to exempt from state tax amounts…more

Alabama, Employer Liability Issues, Labor Reform, Over-Time, State Labor Laws

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C. Logan Hinkle

What Employers Need To Know in a Post-Roe World

On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court…more

Abortion, Americans with Disabilities Act (ADA), Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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James Hoover

Federal Agency Deference Eliminated, Now What?

On June 28, 2024, the U.S. Supreme Court issued a decision that overrules the “Chevron doctrine.” This means that federal agencies are limited in their ability to rely on their own interpretation of the laws they…more

Administrative Procedure Act, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Chevron v NRDC

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G. Wilson Horde III

Fannie Mae and Freddie Mac Payment Deferral Programs

On March 23, in response to the COVID-19 Pandemic and its effects in the United States, the Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will offer mortgage forbearance to multifamily borrowers…more

Coronavirus/COVID-19, Deferred Action, Fannie Mae, Forbearance Agreements, Freddie Mac

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Chester Hosch

FTC Non-Compete Ban: Implications for the Health Care Industry

Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and…more

Compliance, Confidential Information, Employer Responsibilities, Employment Contract, Federal Bans

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David Houston, IV

Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large…more

Automatic Stay, Bankruptcy Code, CERCLA, Chapter 11, Chapter 7

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Madeline Hughes

Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

A recent (and surprising) ruling of the United States Supreme Court may allow businesses to be sued in states in which they have little connection. The United States Supreme Court, split 5-4 (Gorsuch, Thomas, Alito, Sotomayor…more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

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Ingu Hwang

Labor & Employment E-Note - October 2020

Spotlight - U.S. Supreme Court Rules in Favor of Burr's Petition for the South Carolina Election Commission: South Carolina's Witness Requirement on Absentee Ballots is Here to Stay - On October 5th, the Supreme Court…more

Absentee Voting, Coronavirus/COVID-19, H-1B, Health Care Providers, Immigration Reform

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Heather Jamison

Rough Ride Ahead for Alabama Landlords and Tenants Despite Reopening Efforts

Like the majority of the country, Alabama essentially shuttered its economy in March in an effort to curb the rapid spread of COVID-19. As of July 2020, the State of Alabama began rapidly reopening for business, and retail and…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

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Gabriell Jeffreys

The Burr Broadcast: Key Differences Between PWFA and ADA

In this episode of The Burr Broadcast, labor and employment attorney Gabriell Jeffreys discusses the final rules issued by the U.S. Equal Employment Opportunity Commission (EEOC) for the Pregnant Workers Fairness Act (PWFA). She…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnancy

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Taylor Barr Johnson

Cybersecurity & Data Privacy E-Note - December 2021

Please see full Infographic for more information…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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John Kavanagh Jr.

Federal Motor Carrier Safety Administration (FMCSA) // Emergency Declaration Allowing Regulatory Reprieve for Carriers and Drivers Providing “Direct Assistance” to COVID-19 Relief

In an effort to address critical transportation needs associated with the COVID-19 emergency, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration on March 13, 2020 suspending multiple driver…more

Commercial Truck Drivers, Coronavirus/COVID-19, Emergency Management Plans, Emergency Response, FMCSA

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Nicole Keefe

Department of Treasury Releases Proposed Regulations Offering Pandemic Relief to Qualified Opportunity Zone Businesses

On April 14, 2021, the Department of Treasury (“Treasury”) released proposed regulations (the “Proposed Regulations”) that, if adopted, would allow flexibility for qualified opportunity zone businesses (“QOZBs”) to revise or…more

Community Development, Economic Development, FIRPTA, Foreign Investment, Investment Opportunities

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Richard Keller

Burr Alert: Preemption Of State Consumer Protection Laws Under The Dodd-Frank Act

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or the “Act”), signed into law in 2010, contains a series of regulatory reforms aimed in part to combat what was perceived as lax financial…more

Consumer Financial Protection Bureau (CFPB), Consumer Protection Act, Dodd-Frank, HOLA, Preemption

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Kermit Kendrick

U.S. DOT to Release Important Potential Changes to Hours of Service Regulations, Including Hitting the Pause Button

On August 14, 2019, the Department of Transportation announced proposed changes that have been in the works for the last couple of years – changes which will hopefully empower (rather than constrain) commercial drivers for…more

Commercial Truck Drivers, Department of Transportation (DOT), Freight Forwarding, Hours of Service, Labor Regulations

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Melissa Azallion Kenny

The Burr Morning Show: Immigration Updates

Melissa Azallion Kenny and Jon Eggert explore the latest updates and trends in immigration law and policy. They discuss best practices for ensuring compliance and strategies for managing immigration challenges in the current…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, Immigration Reform

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William Kim

Use of AI and Privacy Policies

As U.S. businesses and organizations continue to utilize and integrate large language models, generative AI, and other artificial intelligence platforms in their operations, it is important to review and update its policies and…more

Algorithms, Artificial Intelligence, Automation Systems, Business Operations, Data Privacy

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Catherine Kirkland

“Incident To” Billing Promotes Productivity, But Presents Many Potential Pitfalls

Under certain circumstances, Medicare allows physician practices to bill eligible non-physician practitioners (NPPs) under a supervising physician’s provider number and at 100 percent of the supervising physician’s allowable…more

Health Care Providers, Health Insurance, Healthcare, Medical Bills, Medicare

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William Klett, III

Protecting Confidential Intellectual Property in the Wake of the FTC’s “Final Rule” Against Non-Competition Provisions

As the Federal Trade Commission (FTC) implements “the final rule” banning non-competes, businesses with sensitive intellectual property (IP) must look to alternative measures to safeguard it. Despite apprehension about the…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Adam Knight

COVID-19 Foreclosure Bulletin

COVID-19 (or Coronavirus) is set to dramatically change the foreclosure and eviction process across the United States for the next 60-90 days and likely beyond…more

Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Fair Housing Act (FHA), Fannie Mae

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John Lassiter

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Forrest Latta

Judge Neil Gorsuch Lightens the Burden for Proving “Amount in Controversy” for Federal Jurisdiction

When is a postage stamp like a lottery ticket? When purchased from Stamps.com according to one of its customers. Elizabeth Hammond of New Mexico filed a class action, seeking to recover the sum of $31.98 each on behalf of…more

Amount in Controversy, CAFA, Class Action, Federal Jurisdiction, Neil Gorsuch

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William Lawrence

Radical Changes Proposed to NIL and Other Compensation of College Athletes

On December 5, 2023, recently installed NCAA President Charlie Baker sent a letter to at least 350 NCAA member schools in which he proposed numerous “fundamental changes” to college athletics, including two proposed changes that…more

College Athletes, Compensation & Benefits, Educational Institutions, Intellectual Property Protection, Name and Likeness

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Lance Lawson P.E.

WesternGeco: The Supreme Court Rules That Patent Damages Arising From Foreign Activities May Be Permitted

On June 22, 2018, in a 7-2 opinion, the Supreme Court of the United States reversed the Court of Appeals for the Federal Circuit and held that under 35 U.S.C. § 271(f)(2), patent damages arising from foreign activities may be…more

Damages, Extraterritoriality Rules, Foreign Sales, Intervening Acts, Patent Infringement

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G. Wade Leach

A “Clean” Start to 2021: Changes to Federal Anti-Money Laundering Laws

In a surprise bout of bipartisanship, and overriding a presidential veto, both chambers of Congress signaled a new priority for 2021—the strengthening of federal anti-money laundering provisions, albeit by an unexpected vehicle…more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Financial Crimes, Financial Institutions

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Ryli Wallace Leader

Evasive Deposition Tactics by the CFPB Supported Dismissal as a Sanction, Affirmed by Eleventh Circuit

On Monday, the Eleventh Circuit affirmed sanctions levied by the United States District Court for the Northern District of Georgia against the Consumer Financial Protection Bureau due to its conduct during discovery. The CFPB…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Depositions

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Alan Leeth

The United States Supreme Court Requires Courts to Stay Rather Than Dismiss Actions Subject to Arbitration

In Smith v. Spizzirri, 2024 WL 2193872 (U.S. May 16, 2024), the United States Supreme Court issued a ruling holding that courts must stay, rather than dismiss, cases that are subject to arbitration. The unanimous decision…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, SCOTUS

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Laurence Litow

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Gary London

DOJ & FTC Release Antitrust Guidance for HR Professionals

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a strong warning to HR professionals: certain agreements to fix salaries or limit competition could result in…more

Anti-Competitive, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing

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Michael Lucas

Making The Hiring Process Work

In This Presentation: - Using Social Media in Hiring Decisions ..Scenario #1 - Hiring Employees with Restrictive Covenants ..Scenario #2 - Disparate Impact ..Scenario #3 - Federal Contractors -…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Restrictive Covenants

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Garrett Lucey

FTC Non-Compete Ban: Implications for the Health Care Industry

Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and…more

Compliance, Confidential Information, Employer Responsibilities, Employment Contract, Federal Bans

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Gregory Lunny

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Mignon Lunsford

FINRA Proposes Amendments to Arbitration Codes in an Attempt to Increase Efficiency and Effectiveness of Arbitration Process

The Financial Industry Regulatory Authority (“FINRA”) recently filed a proposed rule change with the Securities and Exchange Commission (“SEC”) to amend Rules 12214 and 12601 of the Code of Arbitration for Customer Disputes…more

Arbitration, Financial Industry Regulatory Authority (FINRA), Proposed Amendments, Securities and Exchange Commission (SEC)

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Emily Mack

Workplace Accommodation after COVID: Legal Update

In this episode of The Burr Morning Show, Emily Mack and Savannah McCabe discuss the legal landscape around ADA compliance and accommodation after COVID-19. They also discuss how to lawfully address telework, mental health, long…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues, Employment Policies

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Allyson Mancuso

Seventh Circuit Holds Bankruptcy Debtor Has No Standing to Assert FDCPA Claims

In Pucillo v. National Credit Systems, Inc., No. 21-3131, 2023 WL 3090627 (7th Cir. Apr. 26, 2023), the Seventh Circuit Court of Appeals affirmed the district court's dismissal of the plaintiff's FDCPA claims for lack of Article…more

Article III, Chapter 7, Consumer Bankruptcy, Debt Collection, Debt Collectors

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Reid Manley

Biden Administration Announces Mortgage Relief as Foreclosure Moratorium Comes to an End

In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire. With this deadline fast approaching, the Biden administration announced a new mortgage relief plan on…more

Biden Administration, Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Federal Housing Administration (FHA)

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April McKenzie Mason

Labor & Employment E-Note - August 2021

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Foreign Workers

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Ellen Mathews

SEC Makes First Finding of Retaliation in Violation of the Exchange Act’s Anti-Retaliation Rule

On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President, Chief…more

Anti-Retaliation Provisions, Disgorgement, Employer Liability Issues, Enforcement Actions, Hedge Funds

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Warren Matthews

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Charla Mcklevey

Important Update: Florida Sales Tax Reduction on Commercial Leases

As of June 1, 2024, the State of Florida reduced the state sales tax rate on commercial real property lease payments from 4.5% to 2%. All commercial leases with an occupancy period that started on or after June 1, 2024 will be…more

Commercial Leases, Florida, Sales Tax, State and Local Government, Tax Liability

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Derek Meek

Applicability of USTP Guidelines to Bankruptcy Administrators

Two institutions exist to ensure that bankruptcy cases are conducted in conformity with bankruptcy laws: the U.S. Trustee Program (USTP) and the Bankruptcy Administrator (BA) Program. 1 These institutions perform substantially…more

Chapter 11, Commercial Bankruptcy, Consumer Bankruptcy, Trustees

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K. Bryance Metheny

The Burr Broadcast: Dartmouth Men's Basketball Team Unionization Efforts Explained

In this episode of The Burr Broadcast, Bryance Metheny, leader of the firm's Labor & Employment practice group, discusses the process that private employers would follow if a union attempts to organize its workforce. He uses the…more

Athletes, Collective Bargaining, College Athletes, Educational Institutions, Employer Liability Issues

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Christopher Meyer

Mississippi Supreme Court Reaffirms Narrow Role of Courts in Modifying Arbitration Awards

The Mississippi Supreme Court recently considered the narrow role of courts in amending arbitration awards and the applicability of federal and state statutes in a choice-of-law conflict. See D.W. Caldwell, Inc. v. W.G. Yates &…more

Arbitration Awards, Choice-of-Law, Construction Contracts, Federal Arbitration Act, MS Supreme Court

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Scott Miller

The “Real Dirt” Tax Reform and the Real Estate Industry

Just prior to 2017 year end, Congress passed tax legislation that legislators and tax pundits alike describe as the most significant overhaul of the Internal Revenue Code since the 1986 Tax Act] championed by President Ronald…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Net Operating Losses, New Legislation

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Zachary Miller

TCPA Breaking News: The Sixth Circuit Sides With Marks, as the Supreme Court Readies to Step In

This summer has been jam packed with Telephone Consumer Protection Act (TCPA) developments. The Federal Communications Commission (FCC) issued a decision finding that peer-to-peer text messaging systems were exempt from the…more

ATDS, Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Facebook Inc v Duguid, FCC

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Matthew Mitchell

The CFPB and New York Attorney General’s Office Levy New Attack On Subprime Indirect Auto Financing in Complaint Filed Against Credit Acceptance Corporation

On January 4, 2023, the Consumer Financial Protection Bureau (CFPB) and New York Attorney General (“NYAG”) (collectively, the “Plaintiffs”) filed a complaint in the Southern District of New York against Credit Acceptance…more

Automotive Loans, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry, Professional Misconduct

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Liz Moore

FinCEN Issues Proposed Beneficial Ownership Reporting Rules to the Corporate Transparency Act

Background and Development - On December 7, 2021, the Financial Crimes Enforcement Network (“FinCEN”) published a Notice of Proposed Rulemaking (“NPRM”) for the Corporate Transparency Act (the “CTA”). …more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Doing Business, Financial Crimes

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Richard Morgan

A Lurking Danger – Is Unionization Inevitable?

Since March of 2020 American businesses have been challenged with unprecedented and unique obstacles. A fairly robust economic engine shut down overnight, shelves were bare and supply chains were interrupted at an alarming rate…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Samuel Morris

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the Eighth…more

Article III, Class Action, Consumer Reports, Criminal Background Checks, Fair Credit Reporting Act (FCRA)

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George Morrison

Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial…more

Biden Administration, Coronavirus/COVID-19, Cyberbullying, Disciplinary Proceedings, Employee Retention

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John Morrow

Making Adjustments: Insurers, Counsel, and the Attorney-Client Privilege

Insurers often rely on counsel, external or otherwise, when addressing the validity and/or strength of claims filed by their insureds. However, there is a trend in the courts which makes the extent and nature of such reliance…more

Attorney-Client Privilege, Discovery, Insurance Claims, Insurance Litigation, Privilege Waivers

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Dent Morton

DOL Regulations on Requirements for Childcare Leave May Be a Trap for the Unwary

The U. S. Department of Labor issued its temporary regulations on the Families First Coronavirus Response Act (“FFCRA”) on April 2, 2020. The regulations provide some important (and surprising) information regarding paid leave…more

Child Care, Coronavirus/COVID-19, Department of Labor (DOL), EFMLA, EPSLA

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Jennifer Moseley

Alternative Financing Sources for Developers: EB-5 And E-2 Investors

The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used to…more

Business Plans, Construction Project, E-2, EB-5, Entrepreneurs

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Jonathan Nason

DOL Updates Factors For Selecting Plan Investments

On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement and other employee benefit plans in light of recent trends…more

Amended Regulation, Department of Labor (DOL), Duty of Loyalty, Duty of Prudence, Employee Benefits

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Benjamin Nicholson V

Home Builders and Developers Beware: South Carolina Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly

If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are…more

Arbitration, Construction Contracts, Construction Project, Contract Terms, Housing Developers

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Armando Nozzolillo

Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal

In a recent case out of the bankruptcy court for the Southern District of Florida (the “Court”), a secured creditor moved to dismiss a debtor’s bankruptcy case “for cause” based on the debtor’s bad faith filing. The debtor…more

Bad Faith, Chapter 11, Commercial Bankruptcy, Creditors, Dispensaries

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Denzel Okinedo

Addressing Alabama’s Labor Force Participation: The Working for Alabama Legislative Package

In response to the challenges of low labor force participation rates, the Alabama Legislature has introduced the Working for Alabama legislative package. This initiative began in 2019 when Lieutenant Governor Will Ainsworth…more

Alabama, Economic Development, Employee Housing, Employee's Childcare, Hiring & Firing

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Roni Payne

The Burr Broadcast: OSHA Heat Illness & Injury Prevention Standards

In this episode of The Burr Broadcast, Roni Payne outlines OSHA's recently proposed standards for Heat Injury & Illness Prevention and the related requirements for employers…more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Workplace Hazards

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William Penny

New Tennessee Brownfield Legislation May Open Opportunities

Tennessee’s new Brownfield legislation proposed by Governor Bill Lee provides significant incentives for acquisition of contaminated property. The legislation envisions three new areas of concentration for brownfield…more

Brownfield Properties, Contaminated Properties, Environmental Policies, Excise Tax, Franchise Taxes

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Natalie Ecker Phillips

The Burr Broadcast: OSHA Clarifies Work-Relatedness of Employee Injuries While Traveling

In this episode of The Burr Broadcast, Natalie Ecker Phillips examines the recent guidance provided by OSHA regarding the work-relatedness of employee injuries or illnesses while traveling…more

Business Travel, Emergency Management Plans, Employer Liability Issues, Employment Policies, Health and Safety

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Thomas Potter, III

Hackers Extort Victim with SEC Whistleblower Complaint

In an unintended consequence of the Securities and Exchange Commission's (SEC) unprecedented rulemaking agenda, a black-hat hacker gang has filed a whistleblower complaint against its victim for not reporting a cybersecurity…more

Cyber Attacks, Cybersecurity, Data Breach, Disclosure Requirements, Form 8-K

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Joel Price Jr.

COVID-19 Notary Services Impact Bulletin – 50 State Survey

With COVID-19 social-distancing and stay at home orders, millions of Americans have been forced to adapt and find new ways to transact business. While people are generally familiar with receiving documents by email for review…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Notarization

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Bret Pruehs

ATI Exemption for South Carolina Multi-Family Purchasers

South Carolina law provides for a property tax exemption in the year following a sale (the “ATI Exemption”) which should be contemplated in due diligence, property tax planning and a key post-closing task for multi-family…more

Fair Market Value, Multi-Family Development, Property Tax, Real Estate Development, Tax Exemptions

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Nathaniel Quirk

The Collision of AI and Copyrights

As artificial intelligence (AI) continues to be increasingly utilized in a wide variety of both business and consumer applications, a plethora of legal questions are being raised. Many of these questions revolve around how the…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Innovative Technology

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Bruce Rawls

Changes in Tax Rates for 2023

The IRS has issued Revenue Procedure 2022-38, which sets forth inflation-adjusted items for various provisions of the Internal Revenue Code which will be applicable in 2023. Here are some of the highlights..…more

Capital Gains, Corporate Taxes, Estate Tax, Gift Tax, Income Taxes

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Renee Rayne

Medicare Announced First 10 Drugs for Upcoming Price Negotiations

In 2024, Medicare will, for the first time, have authority under the Inflation Reduction Act passed in 2022 to negotiate drug prices with pharmaceutical manufacturers. On August 29, the Centers for Medicare and Medicaid Services…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Drug Pricing, Eighth Amendment, Fifth Amendment

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Michael Rich

Corporate E-note - December 2021

Resources - South Carolina Business License Reforms Go Into Effect January 1, 2022 - South Carolina businesses have historically been subject to business license taxes on their gross income that vary widely from…more

Biden Administration, Business Licenses, Contract Management, Coronavirus/COVID-19, Department of Labor (DOL)

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Dana Robbins

Did the Supreme Court Really Ban Nunc Pro Tunc Orders?

The U.S. Supreme Court in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, No. 18-921, 2020 WL 871715, at * (U.S. Feb. 24, 2020) in a per curiam opinion that turned on a state court’s jurisdiction after…more

Appeals, Asset Seizure, Catholic Church, Chapter 11, Federal Jurisdiction

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James Roberts

All Experience is not Good Experience – Experience Ratings & 11 U.S.C. § 363(f)

Recently, the Bankruptcy Court for the Northern District of Alabama joined with a number of courts in finding that a debtor’s ability to sell their assets free and clear of any “interests” in property encompassed the right to…more

Bankruptcy Code, Commercial Bankruptcy, Interested Parties, Reorganizations, Sale of Assets

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Sarah Robertson

Beaufort County, South Carolina Property Fraud Alert Now Available

Property owners in Beaufort County, South Carolina may register at no charge to receive alerts from Beaufort County Register of Deeds regarding possible fraudulent activity involving their property. The sign-up page for Beaufort…more

Deeds, Fraud, Land Titles, Property Owners

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Richard Robinson

Keep Your Friends Close, but Keep Your Critical Vendors Closer

The Seventh Circuit Court of Appeals’s 2004 decision in Kmart is the most frequently cited case on critical-vendor motions. In Kmart, the Seventh Circuit, in an opinion authored by Hon. Frank Easterbrook, affirmed a district…more

Chapter 11, Commercial Bankruptcy, Kmart, Priority Debt, Vendors

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Katherine "Kiki" Rogers

Supreme Court: District Court Must Stay its Proceedings While an Interlocutory Appeal is Taken on the Question of Arbitrability

On June 23, 2023, in Coinbase v. Bielski, the Supreme Court issued a ruling holding that a district court must stay its proceedings while an interlocutory appeal of the issue of arbitration is ongoing. The 5-4 decision resolves…more

Arbitration, Automatic Stay, Coinbase, Coinbase Inc v Bielski, Cryptocurrency

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Ty Roofner

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Russell Rutherford

HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or…more

Affordable Housing, Best Practices, Burden-Shifting, Disparate Impact, Disparate Treatment

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Emily Schreiber

Regulation Best Interest is Good Enough: The Second Circuit Upholds Regulation BI in XY Planning Network

In XY Planning Network, LLC, et al. v. SEC, et al., the United States Court of Appeals for the Second Circuit rejected a challenge to Regulation Best Interest brought by an organization of investment advisers, an individual…more

Best Interest Standard, Broker-Dealer, Dodd-Frank, Fiduciary Duty, Investment Adviser

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Thomas Scroggins

The Burr Morning Show: NLRB Updates

In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024. …more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations, NLRA

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Anna Scully

USCIS Reinstates 540-Day Automatic EAD Extension for Certain Renewal Applicants

USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had…more

Employment Authorization Documents (EAD), Extensions, Foreign Nationals, Foreign Workers, Immigration Procedures

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Matthew Scully

Proposed Revisions to Title II of the ADA Impacting Healthcare Facilities

The Department of Justice recently published a notice of proposed rulemaking applicable to healthcare entities covered under Title II of the Americans with Disabilities Act that relates to accessibility to medical diagnostic…more

Americans with Disabilities Act (ADA), Comment Period, Department of Justice (DOJ), Health Care Providers, Healthcare

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Michael Seezen

South Carolina Low Income Housing Tax Credit: Too Much of a Good Thing

The availability of “affordable housing” has become a major issue in many cities, counties and states across the United States, and South Carolina is no exception. To help address the affordable housing shortage, in 2020, South…more

Affordable Housing, Community Development, Construction Project, LIHTC, Low Income Housing

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Melinda Eubanks Sellers

Land Condominiums - a Useful Tool for Developers

Many in the real estate industry refer to a type of development known as a “land condominium,” but the term is typically not codified in state statutes or local ordinances. So what is a land condominium? How is it different from…more

Condominiums, Construction Project, Housing Developers, Land Developers, Real Estate Development

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Elizabeth Shirley, CIPP/US, CIPM

What To Do Before Adopting Generative AI in Your Business

Your business may want to jump on the Generative AI (GAI) bandwagon and discover how your company may become more productive, competitive, reduce costs, and make the most of new technology. There are many intriguing and…more

Algorithms, Artificial Intelligence, Automation Systems, Compliance, Corporate Governance

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L. Robert Shreve

The Coronavirus Effect on Construction Projects

There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project. Commercial…more

Business Interruption, China, Construction Project, Contract Terms, Coronavirus/COVID-19

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Jacqueline Simms-Petredis

COVID-19 Foreclosure Bulletin

COVID-19 (or Coronavirus) is set to dramatically change the foreclosure and eviction process across the United States for the next 60-90 days and likely beyond…more

Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Fair Housing Act (FHA), Fannie Mae

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Angie Cameron Smith

OIG Issues Favorable Advisory Opinion About Online Health Directories and Advertisements

Does your practice pay to advertise in online directories? Or do you contract with a website to allow patients to book appointments or look for services? If the answer to these questions is “yes,” you may be interested in a…more

Advertising, Advisory Opinions, Anti-Kickback Statute, Beneficiary Inducement, Health Care Providers

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M. Corban Snider

Standing Room Only – Eighth Circuit Holds that Non-Consumer Attorney Lacks Standing to Bring FDCPA Claim

In Magdy v. I.C. Sys., Inc., No. 21-3010, 2022 WL 4075764, at *1 (8th Cir. Sept. 6, 2022), the Eighth Circuit Court of Appeals, faced with a matter of first impression, held that a non-consumer attorney could not bring an FDCPA…more

Article III, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Ed Snow

Three Ways the Inflation Reduction Act Advances Green Banking

The Inflation Reduction Act was signed into law on Tuesday, August 16 and significantly advances the innovative financing method known as green banking. Here are three ways the Act furthers that investment technique in support…more

Air Pollution, Clean Air Act, Clean Energy, Environmental Protection Agency (EPA), Federal Funding

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Sara Solano

Now Say That Five Times Fast! Eleventh Circuit Upholds Arbitration Clause Delegating Adjudication of Threshold Questions of Arbitrability to Arbitrator

On May 26, 2022, the Eleventh Circuit issued an opinion reversing the Southern District of Florida’s denial of the appellant’s motion to compel arbitration, therein finding that the district court erred in failing to apply the…more

Arbitration, Arbitration Agreements, Consumer Financial Contracts, Consumer Financial Products, Delegation Clauses

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Marc Solomon

Debtor’s Estate Set To Expand Or Contract Based On Supreme Court Ruling In Clark v. Rameker

Before the Supreme Court this term is the question of whether a beneficiary individual retirement account (an “Inherited IRA”) is exempt from a debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(C) and (d)(12)2 of the…more

Clark v. Rameker, Debtors, Estate Planning, Individual Retirement Account (IRA), Inheritance

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Frank Springfield

Suttles v. Facebook, Inc. The ATDS Debate Continues but a Texas District Court Provides Hope for the Industry in The Fifth Circuit

The Fifth Circuit Court of Appeals may now have to decide where it stands on the ATDS issue. On May 20, 2020, Judge Lee Yeakel of the United States District Court for the Western District of Texas issued an opinion in Suttles…more

ATDS, Facebook, Social Media, TCPA

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Scott Steady

EPA Updates Rule for Site Assessments to Address the Innocent Landowner Defense

On October 6, 2014, the Environmental Protection Agency (“EPA”) adopted a final rule which will eventually eliminate one of the two recognized ASTM International standards to conduct environmental site assessments, which were…more

AAI, ASTM, CERCLA, Environmental Protection Agency (EPA), Environmental Site Assessment

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Jack Stephenson Jr.

Burr Alert: Physicians, Surgery Centers and Taxes

Since the enactment of the net investment income tax ("NIIT") in 2012, physicians and other taxpayers owning multiple business interests have had to make educated choices based upon accounting projections and SWAGS when…more

Ancillary Agreements, Health Care Providers, Healthcare, Healthcare Facilities, Income Taxes

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Michael Strasavich

Specific Concerns: Insurance Coverage Denials and Specific Personal Jurisdiction

Insurance companies operate nationwide, no pun intended, and with that area of coverage comes more than their fair share of litigation. Common to each and every case is the consideration of whether the court has personal…more

Covenant of Good Faith and Fair Dealing, Denial of Insurance Coverage, Duty to Defend, Forum, Insurance Claims

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Shea Sullivan

Foreclosure Law In The Wake Of Recent Decisions On Residential Mortgage Loans: The Situation In Georgia

Originally Publish in Pratt's Journal Of Bankruptcy Law, February/March 2013. Thousands of wrongful foreclosure lawsuits are filed each year in Georgia against banks, lenders, servicers, foreclosure firms, and other…more

Creditors, Debtors, Foreclosure, Mortgages, Notice Requirements

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Allen Sullivan Jr.

Labor & Employment E-Note - August 2020

Navigating the Minefield of Legal Challenges as Employees Return to Work - Employers face a host of potential legal pitfalls as businesses that were closed in response to the COVID-19 pandemic reopen and new virus hotspots…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health Care Providers, Healthcare Workers, Infectious Diseases

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Lindsay Sutcliffe

New Tax Changes That Might Affect Your Estate Planning Strategy

While there are many new tax policy implementations that may be imminent with the new Biden administration, there are two changes in particular that estate planning attorneys are watching closely. These include (1) a reduction…more

Biden Administration, Estate Planning, Estate Tax, Gift-Tax Exemption, Inheritance Tax

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Emily Campbell Taube

The Gross and the Fair of Toxic Tort Claims in Bankruptcy

Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when exactly…more

Chapter 11, Commercial Bankruptcy, Contaminated Properties, Creditors, Debt Restructuring

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Al Teel

LeDure v. Union Pacific: Locomotive Inspection Act Case Law Stays Intact and “In Use” For Now

Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let stand…more

Bradley LeDure v Union Pac R R Co, Employer Liability Issues, Federal Employers’ Liability Act (FELA), Infrastructure, Labor Law Violations

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Chris Thompson

White Paper: Commercial Property Insurance Claims in Response to COVID-19

Nearly every business and not-for-profit in the country has been impacted by the ongoing COVID-19 pandemic. Demand for goods and services has dropped precipitously due to stay-at-home orders, public health recommendations, and…more

Business Closures, Business Interruption, Business Losses, Civil Authority Coverage, Coronavirus/COVID-19

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Joshua Threadcraft

The Eastern District of New York Holds that Spending a “Sizeable Minority of Time” at Your Mother’s House Does not Make You a Called Party

Bank v. ICOT Holdings, LLC, 18-cv-02554 (AMD) (PK), 2024 WL 278460 (E.D.N.Y. Jan. 25, 2024) - Pro se Plaintiff, an attorney, filed a class action lawsuit alleging that two calls he answered at his mother’s house advertising…more

Advertising, Class Action, Do Not Call List, Statutory Violations, TCPA

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William Thuston

State of the Automotive Industry in the U.S. Conference Followup

Here are some conference key takeaways we wanted to share with you that we found interesting from the STATE OF THE AUTOMOTIVE INDUSTRY IN THE U.S. presentation. - Global vehicle sales are expected to reach 101.6 million in…more

Automotive Industry, Connected Cars, Driverless Cars, Electric Vehicles, Lyft

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Jackie Trimm

Meaningful Use Audits: Proactive Tips for Success

For health care professionals who began accepting Meaningful Use incentive money at the outset of availability under the Medicare option in 2011, the year 2015 is an important year. If the provider has met all core requirements…more

Audits, Centers for Medicare & Medicaid Services (CMS), Compliance, Data Protection, Electronic Health Record Incentives

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Mark Tyson

Bankruptcy Court Declares Prohibition Against Debtors in Bankruptcy from Participating in Paycheck Protection Program Unenforceable

In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in effort to provide support and economic relief to organizations and individuals during the Coronavirus pandemic. Pursuant to the…more

Bankruptcy Court, CARES Act, Coronavirus/COVID-19, Debtors, Federal Loans

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Peter Vilmos

Florida Non-Compete Agreements and the Gift of Little League

October marks the return of the World Series, the joy of costumed children seeking candy from strangers (with—can you believe it—their parents’ permission), and the resumption of little leaguers trying their best to learn the…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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India Vincent, CIPP/US

Here We Go Again: Another Attempt at a Comprehensive Federal Data Privacy Law

Following the introduction of the EU's General Data Protection Regulation (GDPR) in 2018, the lack of a comparable federal regulation in the United States has led many states to enact their own consumer data privacy protection…more

Data Privacy

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Kelly Waits

Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large…more

Automatic Stay, Bankruptcy Code, CERCLA, Chapter 11, Chapter 7

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Joseph Walker

Tax Planning in Uncertain Times

There is a long list of reforms that the Trump administration intends to tackle and one of the items on the list is tax reform. Although there are multiple proposals by various players and significant variations among the…more

Business Taxes, C-Corporation, Corporate Taxes, Double Taxation, Income Taxes

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John Wall, IV

South Carolina Extends and Increases the State Abandoned Buildings Revitalization Tax Credit

On May 20, 2024, South Carolina Governor Henry McMaster signed into law S.1021, a new law that extends and increases tax credits available to taxpayers who rehabilitate or renovate an existing, abandoned building. The new law…more

Abandoned Property, Construction Project, New Legislation, Real Estate Development, Redevelopment

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David Wanhatalo

Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to land…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Project, Mechanics Lien

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Kristen Peters Watson

The State of CFPB Focus on Credit Reporting of Medical Debt

The COVID-19 pandemic's impact on medical debt has spurred the Consumer Financial Protection Bureau into action, particularly as it relates to the credit reporting of medical debt. Since 2020, the CFPB has received a steadily…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Fair Credit Reporting Act (FCRA), FDCPA

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Katherine West

Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the default…more

Debt Collection, Debt Collectors, Default Judgment, FDCPA, Financial Services Industry

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Callie Sullins Whatley

FinCEN Issues Proposed Beneficial Ownership Reporting Rules to the Corporate Transparency Act

Background and Development - On December 7, 2021, the Financial Crimes Enforcement Network (“FinCEN”) published a Notice of Proposed Rulemaking (“NPRM”) for the Corporate Transparency Act (the “CTA”). …more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Doing Business, Financial Crimes

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Amy Jordan Wilkes

The Burr Morning Show: Pregnant Workers Fairness Act

Amy Jordan Wilkes and Gabriell Jeffreys discuss practical steps organizations can take to prepare for the Pregnant Workers Fairness Act and the issuance of the final EEOC regulations. …more

Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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Robert Williams

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to…more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

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Ronald Williams

DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an emphasis…more

Employee Representatives, Employer Liability Issues, Health and Safety, Labor Reform, OSHA

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Turner Williams

Summary Judgment Obtained on Common Carrier Issue

Birmingham attorneys Turner Williams and Al Teel obtained summary judgment in their favor on behalf of R.J. Corman Railroad Switching Company, LLC in McGinnis v. Alabama River Cellulose, LLC, et al., Case No…more

Common Carriers, Common Law Claims, Federal Employers’ Liability Act (FELA), Negligence, Premises Liability

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Kathryn Willis

Labor & Employment E-Note - August 2021

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Foreign Workers

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